COMPAKATIVE POLITICS COMPARATIVE POLITICS SIX LECTURES READ BEFORE THE ROYAL INSTITUTION IN JANUARY AND FEBRUARY, 1873 THE UNITY OP HISTORY THE REDE LECTURE READ BEFORE THE UNIVERSITY OF CAMBRIDGE, MAY 29, 1872 EDWAKD A. FREEMAN, M.A., HON. D.C.L. LATE FELLOW OF TRINITY COLLEGE, OXFORD "Facies non omnibus una, Nee diversa taincn, qualem decet esse sororum." OVID, Met. ii. 13. SECOND EDITION ilouticm MACMILLAN AND CO., LTD. NEW YORK: MACMILLAN & CO. 18UG The Unity of History. First Edition, 1872. Comparative Politics and The Unity of History. First Edition, 1873 ; Second Edition, 1896. Ollegt Library Tc It ft PREFACE THE six Lectures read before the Royal Institution are an attempt to make something like a systematic application of a line of argument which has been often made use of in particular cases both by myself and by other writers. They are an attempt to claim for political institutions a right to a scientific treatment of exactly the same kind as that which has been so successfully applied to language, to mythology, and to the progress of culture. But of course they do not themselves attempt to do more than make a beginning, by applying the Comparative method to some of the most prominent institutions of those among the Aryan nations whose history was best known to myself and was likely to be best known to my hearers. Nothing more than this could well be done in a course of lectures, even if my own knowledge had enabled me to carry my illustrations over a much wider range. But I trust that others whose studies have lain in other branches of history may be led to take up the subject and to carry it on further. What I have done may perhaps be enough to show that Greeks, Italians, and Teutons have a large common stock of institutions, institutions whose likeness cannot be other- wise accounted for than by the supposition of their common primitive origin. It remains now to show how much of this common stock is common to the whole Aryan family, how much of the common Aryan stock may be common to the 1 1 539 1 7 vi PREFACE Aryan and Semitic families, how much of the possible common Aryan and Semitic stock may be common to the races of the eastern hemisphere or to the whole of mankind. On none of these points have I even attempted to enlarge ; I have merely pointed them out as questions to which my own inquiries naturally lead up, and which I hope may be thoroughly worked out by some of those scholars who are qualified to take them in hand. Even within the range of the three branches of the Aryan family which I chose for special examination, the limits and nature of a course of lectures did not allow of anything more than to choose some of the more prominent instances illustrating the positions laid down, and even among these it was of course impossible to follow out any matter in all its bearings. The really practical object of a lecture is, after all, not so much direct teaching as the suggestion of points for thought and study. With this view I have, since the lectures were delivered, added a considerable number of notes and references, in which I have gone somewhat further into several points than I could do in the lectures themselves. These may, I hope, set some of my readers on further inquiries ; I can hardly expect that in their necessarily desultory shape they can do much more. I have no doubt that both in the lectures and in the notes many things will be found which have been already said both by myself and by other writers. Probably many things will be found which both myself and other writers may find occasion to say again, as often as it may be needful to put forth correct views of matters about which popular errors and confusions are afloat. There is a large class of people who pay little heed to a thing that is said only once, but on whom, when it is said several times and put in several shapes, it at last has an effect. I believe that this class is more numerous its needs are certainly PREFACE vii better worth attending to than those fastidious persons who are disgusted if they are ever called upon to hear the same thing twice. Besides this, the same fact constantly has to be looked at from different points of view, to be used to illustrate several general propositions, to be set before several classes of readers or hearers. I find also that the best and most successful writers are always those who have least scruple in putting forth the truths which they have to enforce over and over again. And I believe that their so doing is one element of their success. To the six lectures read before the Royal Institution this year I have added the Rede Lecture which I had the great pleasure of being called on to give before the Uni- versity of Cambridge last year. It was of course written before the Royal Institution Lectures were either written or designed. Without forming part of the same course, it deals with a kindred subject. Both are meant as con- tributions to the same object, to the breaking down of the unnatural barrier between what are called " ancient " and " modern " subjects in language, history, and everything else. If I should ever see the establishment of a real School of History and a real School of Language in the University of Oxford, I shall feel, not only that the principles for which I have been fighting for years have been put into a practical shape, but also that a step has been taken towards the advancement of really sound learning greater than any that has been taken since the sixteenth century. Since these lectures were written I have fallen in with the work of M. de Coulanges called La Citt Antique, at least in the English form into which it has been thrown by Mr. T. C. Barker in his book culled ' Aryan Civilization.' It deals of course with many of the subjects with which I have dealt, and those which it does deal with, arc PREFACE of course dealt with far more fully than I have done. But the book, notwithstanding its general title, is almost wholly confined to Greek and Roman matters, and deals hardly at all with the kindred Teutonic institutions. Nor can I at all pledge myself to the author's views on all matters, as he seems too anxious to account for every- thing by reference to a single principle, that of religion. How much I have learned from the writings of Professor Max Miiller, Mr. E. B. Tylor, and Sir Henry Maine, may be seen throughout the book. Among foreign writers it will be seen that I have drawn most largely on the great Deutsche Verfassungsgeschichte of G. H. Waitz. It should be a matter of rejoicing among scholars that we shall soon have a companion work for our own History from the hands of Professor Stubbs. SOMERLEAZE, WELLS, September 26tk, 1873. NOTE. With the exception of alterations in the head-lines, rendered necessary by the change of print, this edition remains the same as that of 1873. FLORENCE FREEMAN. OXFORD, 1896. CONTENTS LECT. PAGE I. THE RANGE OF THE COMPARATIVE SCIENCES ... ... 1 II. GREEK, ROMAN, AND TEUTON ... ... ... ... 24 III. THE STATE ... ... ... ... ... ... 49 IV. THE KING ... ... ... ... ... ... 88 V. THE ASSEMBLY 122 VI. MISCELLANEOUS ANALOGIES ... ... ... ... 158 REDE LECTURE. THE UNITY OF HISTORY 192 NOTES TO THE LECTURES . 221 COMPARATIVE POLITICS THE RANGE OF THE COMPARATIVE SCIENCES THE establishment of the Comparative Method of study has been the greatest intellectual achievement of our time. It has carried light and order into whole branches of human knowledge which before were shrouded in darkness and con- fusion. It has brought a line of argument which reaches moral certainty into a region which before was given over to random guess-work. Into matters which are for the most part incapable of strictly external proof it has brought a form of strictly internal proof which is more convincing, more unerring. In one department, the first, perhaps the greatest, to which it has been applied, the victory of the Comparative Method may now be said to be assured. The Science of Language has been placed on a firm basis, from which it is impossible to believe that it can ever be dis- lodged. Here and there we come across facts which show us that there are two classes of men on whom its truths have as yet been thrown away. There are men whom we cannot exactly call scholars, far less philologers, but who often have a purely literary knowledge of several languages, who seem really never to have heard of the discoveries of modern science, and who go on guessing and dogmatizing as if Com- parative Philology had never been heard of. And there are r 2 RANGE OF THE COMPARATIVE SCIENCES LECT. others, a more hopeless but, I believe, a smaller class, who really know what the objects and results of the scientific method are, but who cast them away as delusion, who look on the sure truths of science as dreams and on their own fancies as the only realities. The former class, whom the light has not yet reached, may possibly some day learn ; at all events they will some day die out. The latter class, whom the light has reached but who count the light for darkness, will certainly never learn, and most likely they will never die out. Such men are to be found in all branches of study. There are those who have heard all that natural science has to say for itself, but who still believe that the earth is flat or that the moon does not go round on its axis. But the numbers and importance of such men are daily lessening. . Some years back there were men whose attainments in some " branches of linguistic study were of real importance, but who sneered at the scientific doctrine of the relations of languages as the " Aryan heresy." Such men are most likely no longer to be found. The disbelievers in Comparative Philology, as distinguished from those who never heard of it, seem now to be confined to that class of harmless lunatics who put forth elaborate theories about " Man's first word," or who still believe that the Irish language is derived from the Phoenician. With regard to Comparative Philology the battle is won. No man who has any right to be listened to on such a subject doubts that the doctrine of the relations of language has passed out of the stage of controversies and questions into the stage of admitted truths. There is, of course, still room for difference of opinion as to points of minuter detail; as to the main principle and its leading applications there is none. Comparative Philology then is fully established as a science. And, as for as this country is concerned, we may fairly say that it was on the spot where I now stand that its claims to rank as a science were established. Other applica- tions of the Comparative Method are later in date, and they have not yet won the same strong and unassailable position. COMPARATIVE PHILOLOGY One reason, of course, is that they are later in date, that they have not had so long a time to work their way into men's minds. But this is not the only cause why Compara- tive Mythology and other applications of the Comparative Method have not won the same complete acceptance from every one qualified to judge which Comparative Philology certainly has won. In no other case so at least it strikes me can the application of the Comparative Method be so clear and simple, so utterly beyond doubt or cavil, as it is in the case of language. In the case of language the method is self-convincing. It is hard to conceive that the doctrine of the relations of language, if once clearly stated to a mind of ordinary intelligence, can fail to be received at once. When it is not so received, it can only be because of the difficulty which we all more or less feel when we are called on, not only to learn but to unlearn. The opposition to the scientific treatment of language or of any other subject always comes from teachers who find it hard to cast aside an old method and to adopt a new. It never comes from learners to whom all methods are alike new, and who find the scientific method by far the easiest. That Comparative Philology is sometimes misunderstood, even by those who profess to accept its teaching, is shown by the fact that there are a good number of people who believe that the great result of the scientific study of language is to show that Greek and English are both of them derived from Sanscrit. But this kind of thing will die out of itself. No one who has from the beginning been taught according to the scientific method, and who has never heard of any other, will ever fall into confusions of this kind. And it seems impossible that, with any one whose mind is able to give a fair field and no favour, Comparative Philology can fail to be accepted at once. To many it will come, not as something new, but as the fuller revelation of something towards which they have been feeling their way of their own heads. Every one who has learned any two cognate languages otherwise than as a parrot, must have found out detached pieces of Grimm's Law 4 EANGE OF THE COMPARATIVE SCIENCES LECT. for himself. When a man has got thus far, and when the complete doctrine and its consequences are set before him, they carry their own conviction with them. We see what kind of words the various Aryan languages have in common, and what kind of words each language or group of languages has peculiar to itself. The inference as to the affinity of those languages to one another, and as to the condition of those who spoke them at the various stages of the great Aryan migration, is one which it is impossible to withstand. Comparative Philology has in truth revealed to us several stages of the prae-historic growth of man for which we have no recorded evidence, but which it makes far more certain than much which professes to rest on recorded evidence. It teaches us facts about which no external proof can be had, but for which the internal proof, when once stated, is absolutely irresistible. With Comparative Mythology, on the other hand, the case seems to be different. The mere statement of the doctrine does not in the same way carry conviction with it. The phenomena presented by Comparative Philology cannot reasonably be explained in any other way than that in which Comparative Philology professes to explain them. We find, for instance, the word mill, or some word evidently the same, used in the same sense in a number of different languages, between some of which the process of borrowing from one another is historically impossible (i). Even in the case of a single word, it would be hard to believe that the likeness was the result of accident. It would be hard to believe that, by sheer chance, without any connexion of any kind with each other, a large number of isolated nations separately made up their minds to call a mill a mill. But when we find the same pheenomena, not in one or two words, but in many, the notion of accidental likeness becomes impossible. With such facts before us, there is no withstanding the inference that all those languages were once one language, that the nations which speak those languages were once one nation, and that i COMPARATIVE PHILOLOGY SELF-CONVINCING 5 those nations did not part asunder till they were so far civilized as to have found out the use of mills, and of all other objects the names of which are common to the whole group of languages. But when we find a legend, or several legends, which seem to be common to several distant ages and nations, the doctrine of a common derivation from a common stock is not in the same way the only possible explanation. It may be shown by argument to be the right explanation in each particular case ; but the mere statement of the doctrine does not of itself convince us that it must be the right explanation in any case. The alleged points of likeness between legend and legend will not seem so indisputable to every mind as the identity between two cognate words. Some minds may refuse to see the likeness at all ; others may see the likeness, but may hold that it can be accounted for by some other means than that of referring both to a common source. To fall back on our former illustration, the art of grinding corn may have been invented over and over again by any number of independent nations. The point on which the Comparative Philologer takes his stand is that it is inconceivable that, in such a case, they should all have called the instrument of grinding a mill. In the same way some of the simple stories, the obvious characters, the easily imagined situations, which form the staple of the legendary lore of most nations, may have been invented over and over again in distant times and places. There is at least nothing obviously absurd in thinking so ; there is no absolute need to account for the likeness by the theory that all must have come from one common source. Comparative Mythology begins to be really convincing only when it can call Comparative Philology to its help. When a name in a Greek legend cannot be reasonably explained by the Greek language, but can be explained by the Sanscrit, the probability that the Greek and the Indian story really do come from the same source comes very near to moral certainty. Yet even here there is room for difference of opinion in a way in which there is not in the case of Philology 6 RANGE OF THE COMPARATIVE SCIENCES LECT. proper. We are told, for instance, that the Charites, the Graces, in the Greek mythology are the same as the Harits, the horses of the Sun, in the Indian mythology. The philo- logical connexion of the two names is beyond all doubt ; the Greek and the Sanscrit word both obviously come from a common root, from the primitive meaning of which both have wandered very far indeed. But it does not seem to follow that there must be any nearer connexion between the Charites and the Harits than the general connexion which exists between any two words which come from a common root. Some minds may refuse to see any likeness between the solar horses of the Indian legend and the graceful female forms of the Greek legend. They may be inclined to think that the singular Charis of the ' Iliad/ the plural Charites of the ' Odyssey/ may be independent creations of the Greek mind, wrought out after the separation of the Greeks and their immediate kindred from the common family. They may deem that Charis and the Charites are as directly impersonations as At6 and the Litai ; they may deem that they took their name from the noun \a-pis, in the later and ordinary sense of the word, after that later and ordinary sense had parted off from the original root. Such a view is at least not obviously absurd, nor is it at all inconsistent with the acceptance of the general doctrine of Comparative Mythology (2). In the case of language, any particular language may develope any number of new words from the old roots ; it may adopt any number of new words from foreign tongues. But the invention of a new root in any particular language is a thing which we cannot conceive. As to mythology the case is different. We may allow that there is a great stock of legend common to the whole Aryan family, or common to all mankind, and yet we may hold that many particular legends, Hellenic, Teutonic, or any other, are due to the independent play of fancy after Hellenes, Teutons, or any other branch of the common stock, had become a distinct people with a distinct language. For my own part, I firmly believe that Comparative Mythology really has brought to I COMPARATIVE PHILOLOGY AND MYTHOLOGY 7 light a vast common stock of legend, the groundwork of which is to be found in the physical phenomena of nature. But I must decline to believe that the whole mythology of the Aryan nations, as we find it in Greek and Teutonic literature, has this origin and no other. I believe that a large part of Greek and Teutonic mythology has its source in solar legends. But I must decline to believe that every hero of Greek or Teutonic legend must needs be the sun, save only that small minority who are not the sun but the wind (3). The difference then between Comparative Philology and Comparative Mythology would seem to be this. Comparative Philology is, within its own range, the absolutely universal solvent : Comparative Mythology must be content to be only one most important solvent among others. To admit this implies no kind of undervaluing of the Comparative Method as applied to mythological subjects. It is still by that method that the mythology of any people must be tested. That method is still the safeguard against all unscientific treatment of the subject against running, for instance, to Egypt, Phrenicia, or Palestine, for the explanation of particular Greek legends. The scientific method is first to find out what there is in the Indian, Greek, Teutonic and other Aryan mythologies which can be fairly set down as springing from one common stock. When this is clearly made out, we are then in a position to determine what part of the mythology of each people is due to independent invention since the dispersion, what part, if any, is due to importation from non-Aryan sources, Semitic or any other. Besides Comparative Philology and Comparative Mytho- logy, there is a third branch of knowledge to which the Com- parative Method has lately been applied with much success. In truth, as in the case of Comparative Philology itself, this Institution has been one chief means of bringing what may be fairly called a new science into general notice. I mean the scientific inquiry into manners and customs, and the grouping together of the wonderful analogies which they set before us in times and places the most remote from one 8 RANGE OF THE COMPARATIVE SCIENCES LECT. another. This is an inquiry which follows easily, and almost necessarily, upon Comparative Philology itself. We have seen that, by Comparative Philology alone, without any external evidence of any kind, we can find out a great deal as to the social, political, and religious state of the various branches of the Aryan stock at various stages of their dispersion. We can see that some of the most important steps in the march of human culture were taken while the Aryan nations were still a single people. We can see that other steps were taken independently by different branches of the common stock, after they had parted off from one another. Sometimes we can go so far as to see that some invention or discovery was made by a particular branch, after it had parted off from the common centre, but before it had parted off again into the particular nations which meet us in written history. The evidence of language alone thus gives us a general notion of the amount of advance which had been made by the Aryans before the dispersion. It gives us also the means of tracing in some degree the further advance made by the Eastern and the Western Aryans after the Eastern and Western branches had parted, but while the forefathers of Greeks, Italians, and Teutons still kept together. We can see that further steps were taken by the common forefathers of Greeks and Italians, after they had parted company with the Teutons, but before Greeks and Italians were parted asunder by the Hadriatic. But in this line of inquiry it is to language alone that the Comparative Method is directly applied. The knowledge which it brings to light as to the growth of human culture is most important in itself, and it is established by the most certain of proofs ; still it is only an incidental result of an inquiry which has another immediate object. But in the third branch of inquiry of which I am speaking, the Comparative Method is directly applied to the growth of culture itself. The immediate object of research is no longer language, it is no longer legend as legend ; it is the customs, the social institutions, the religious ceremonies, of the different nations of the earth into the nature and origin of which the THE DOCTRINE OF SURVIVALS inquirer is now searching. Such a research could hardly be earned on except by one to whom the studies of Comparative Philology and Comparative Mythology were already familiar : linguistic science gives the inquirer help at every step ; legend- ary lore gives him help more precious still ; but his imme- diate object is different from either. He deals with customs and ceremonies, even with legends as they either spring out of or give birth to customs and ceremonies, much as his fellow-inquirers deal with language and with legend looked at for its own sake. He traces the religious rite, the social or domestic order, up to its root, just as his brethren do with words and with legends. He finds perhaps that the custom, civil or religious, has shrunk up into a mere superstition or prejudice, which at first sight seems purely arbitrary and meaningless. It seems arbitrary and meaningless, just as many a word, many a legend, whose history is full of life and meaning to the scientific inquirer, seems arbitrary and mean- ingless to those who stand without the gate. But, by com- paring together the analogous customs of various, often most remote, ages and countries, the scientific inquirer is led up to the root ; he is led up to the original idea of which particular customs, ceremonies, and beliefs, are but the offshoots. And in all these cases, as the inquiry can be carried upwards, so it can be carried downwards. Here comes in the doctrine of Survivals (4). It is a fascinating process by which we learn to trace out the way in which a belief, a word, a legend, we might add a grammatical form, survives in this or that phrase or custom, whose origin has long been forgotten, and which, without a knowledge of that origin, seems utterly meaningless. As the Comparative Philologer shows that inflexions and terminations which seem to be purely arbi- trary were once whole and living words, having as true a meaning as the root which they now simply serve to modify as he can trace out a long history of language and of much beside language in the single letter, the mere Ycs'r and Yea'm, to which a short and careless utterance has cut down the once sounding titles of Senior and mea Domina (5) as 10 RANGE OF THE COMPARATIVE SCIENCES LECT. the Comparative Mythologer groups together the utterances of primaeval thought on the great mysteries of nature, as he traces them on, through legends of Gods and heroes, down to some feeble echo in the tales of the nursery or the cottage fire-side so their fellow-worker, the votary of our third science which yet lacks a name, traces out the embodiments of primaeval thought in ancient rites and customs ; he follows the ancient belief and its utterances down to some faint and forgotten shadow lingering on in some proverbial saying, in some familiar gesture, it may be even in some common article of dress, in some faint relic of any of these kinds which we see or hear or wear or practise every day of our lives, without a thought of the primaeval source from which it sprang, or of the long pages of history of which it is the memorial. For this science, I say, the offspring doubtless of the two earlier sciences, but which has fully established its right to rank side by side with either of them, we need a name. Let us hope that a name may be found for it, if not what may perhaps be hopeless within the stores of our own mother-tongue, yet at least within the range of the foreign words which have been already coined. It would be a pity if a line of inquiry which has brought to light so much, and from which so much more may be looked for, should end by cumbering the dictionary with some fresh word of new and barbarous formation (6). This third, as yet nameless, science follows the Comparative Method no less strictly than it is followed by Comparative Philology and Comparative Mythology. But it is still less safe in this case than in the case of Comparative Mythology to argue that every instance of likeness in times and places far away from one another necessarily proves that they are strictly sprung from a common source. When we find either a legend or a custom repeated in this way in distant times and places, we may be sure that there is a connexion between the several instances ; but we need not infer that there is the same kind of direct connexion which we infer when we find the Greek, the Teuton, and the Hindoo using the same i RELATIONS OF THE THREE SCIENCES 11 words and grammatical forms. If we find the same custom, as we often do, at opposite ends of the earth or in ages far away from one another, we need not infer that that custom must have been handed down from a time when the fore- fathers of the two nations which are found using it formed one people. It may be so ; doubtless it often is so. But it may also happen that the custom is in each case an inde- pendent invention, the fruit of like circumstances leading to like results. Or it may be that the custom, without being itself in strictness a common possession, may be in each case the offspring of a common idea, an idea common to all man- kind or to some one of the great divisions of mankind. Or again it is quite possible that a custom may have been simply borrowed by one nation from another, either while its mean- ing was still remembered or after it had been forgotten. But, notwithstanding all these chances, the method employed in this form of research, just as much as in the other two, is strictly Comparative. The customs are dealt with in the same way in which the words and the legends are dealt with in the other cases. And all three forms of inquiry stand in a close relation to one another. Comparative Mythology could not get on at all without Comparative Philology ; and the science of customs, ceremonies, and survivals bears on both Philology and Mythology at every step. And the three may be ranged in a certain order. Comparative Philology is the purest science of the three : its evidence is the most strictly internal ; it makes the least use of any facts beyond its own range ; its argument is that which most distinctly carries its own conviction with it. Comparative Mythology does all this in a less degree ; the third nameless science does so in a less degree still. Each depends more on facts which do not come immediately within its own range than Com- parative Philology does. Still all three hang together ; all are branches of one inquiry ; all are applications of one method, of that method the introduction of which marks the nineteenth century, like the fifteenth, as one of the great stages in the developement of the mind of man. 1-2 RANGE OF THE COMPARATIVE SCIENCES LECT. My beginnings have thus far, I fear, been dry and abstract. But I have been anxious to fix the exact relations between the chief subjects to which the Comparative method of research has as yet been applied. It was important for my purpose to do this, as my object in this course of Lectures is to attempt the application of the same method to another subject. Or, to speak more accurately, I should perhaps not so much say another subject as a special and most important branch of that third class of subjects of which I have already spoken. I wish that what I have to say may be looked on as an attempt to follow in the same path as two inquirers both of whom are well known in this place, Professor Max Miiller and Mr. E. B. Tylor. With Mr. Tylor's subject I wish specially to connect my own : I should indeed wish that mine may be looked on as a part of his. But, as for the whole, so for the part, it is not easy to find a name. My own subject I wish to speak of as Comparative Politics ; but I feel that that is a form of words which is not a little liable to be misunderstood. But I may perhaps be allowed to make use of it, after I have explained the sense which I wish the words to bear. In the phrase of Comparative Politics I wish the word Politics to be taken in the sense which it bears in the name of the great work of Aristotle. By Comparative Politics I mean the comparative study of political institutions, of forms of government. And, under the name of Comparative Politics, I wish to point out and bring together the many analogies which are to be seen between the political institutions of times and countries most remote from one another. In this sense my subject is the more minute treatment of a part of Mr. Tylor's subject, namely those customs, ceremonies, formulae, and the like, which have to do with the political institutions of different ages and nations. The analogies which may be marked between the most remote ages and countries as to their forms of government, their political divisions, the partition of power among different bodies or magistrates, are far more and far more striking than would come into any one's mind who has not given special attention I POINTS OF LIKENESS AND UNLIKENESS 13 to the inquiry. In some cases the likeness is seen at the first glance ; in others it lies perhaps somewhat below the surface : but it needs only a little thought, backed by a little practice in researches of the kind, in order easily to see the real likeness which often lurks under superficial unlikeness. As in Comparative Philology a small amount of practice teaches the learner to mark connexions between words at which the unlearned are certain to mock, so it is with this study also. The most profitable analogies, the most striking cases of direct derivation, are not those which are most obvious at first sight. But another warning must be given. In tracing out an analogy or parallel of any kind, points of unlikeness are as carefully to be studied as points of likeness ; it is in truth the points of superficial unlikeness which often give us the surest proofs of essential likeness. When we stop to com- pare, when we mark this and that point of difference in detail, it is the surest proof of a real likeness between the two things which we are comparing. When we stop to comment on the small differences between one human face and another, it is because we recognize all alike as human faces, because we see in all of them that essential likeness which alone enables us to see the points of unlikeness. So it is with the subject of our present inquiry. We are concerned with the essential likeness of institutions, and we must never allow incidental points of unlikeness to keep us from seeing that essential likeness. And this caution is the more needed, because points of likeness and unlikeness which, in their practical results, in their bearings on later history, are of the very first importance, may, in our way of looking at the matter, be purely incidental. I w*ill illustrate my meaning by an example. The English Parliament consists of two Houses : the Assemblies of most other mediaeval European states consisted of three or more. The practical importance of this difference has been almost boundless in its effects both on the history of England and on the history of the many kingdoms and commonwealths which have copied the 14 RANGE OF THE COMPARATIVE SCIENCES LECT. political institutions of England. The peculiar relation of the two Houses of Parliament to one another depends on there being two Houses and not more. The whole doctrine of two branches in a legislature, the bicameral system as it is called, the endless attempts, successful and unsuccessful, to set up artificially in other lands what has come to us ready- made through the facts of our history, all go on the principle that there shall be two Houses and no more. Now, if we look to the history of our own constitution, we shall find that this particular number of two, as the number of the Houses of our Parliament, is not owing to any conviction that two Houses would work better than either one or three, but was a matter of sheer accident. The Estates of the Realm are, in England no less than elsewhere, three Nobles, Clergy, and Commons (7). In France, we all know, the Clergy remained a distinct member of the States-General as long as the States-General lasted. In England the Clergy could never be got permanently to act as a regular parliamentary Estate (8). The causes of this difference belong to the particular history of England ; the effects of it are that the Parliament of England remained a Parliament of two Houses only, and that a crowd of constitutions, European and American, have followed the English model. The accident then has, in its consequences, been one of the great facts of later political history ; but, in our point of view, it is a mere accident with which we are in no way concerned. How these Estates grew up in nearly every European country is essentially a part of our Comparative inquiry; how it happened that, in one particular country, one of these Estates failed to keep its distinct political being is a matter of ordinary constitutional history. Still less have we anything to do with the questions whether the effect of the accident, that is the particular form of the English Parliament, has been good or bad, or whether the attempts to reproduce the same model in other countries have been wise or foolish. For our present purpose we must throw ourselves into a state of mind to which political constitutions seem as I TEANSPLANTATION OF INSTITUTIONS 15 absolutely colourless as grammatical forms, a state of mind to which the change from monarchy to democracy or from democracy to monarchy seems as little a matter of moral praise or blame as the process by which the Latin language changed into the French or the process by which the High-German parted off from the Low. For the purposes then of the study of Comparative Politics, a political constitution is a specimen to be studied, classified, and labelled, as a building or an animal is studied, classified, and labelled by those to whom buildings or animals are objects of study. We have to note the likenesses, striking and unexpected as those likenesses often are, between the political constitutions of remote times and places; and we have, as far as we can, to classify our specimens according to the probable causes of those likenesses. For, though the genuine Comparative Method may be as strictly applied to this inquiry as to any of the others, yet in this inquiry it is further off than in any of the others from being the one universal solvent. It is still less safe than in the case of Comparative Mythology to infer that every case of likeness between two political institutions is necessarily to be explained by supposing that both of the two are vestiges of one common stock. There are at least three causes to which likenesses of this kind may be owing, and we must consider to which of the three any particular case of likeness ought to be referred. And, as always happens in such cases, the three classes which we may thus form will be found to some extent to run into one another, and there will be cases about which it may be matter of doubt to which of our classes we ought to refer them. Thus the likeness between any two institutions, identity of name, identity of nature, or any other point of likeness, may be the result of direct transmission from one to another. And this transmission may take several forms. It may be in the strictest sense a direct handing on from one state of things to another : or it may be simple imitation, in all the 16 EANGE OF THE COMPARATIVE SCIENCES LECT. various shades which simple imitation may take. Thus it constantly happens that the institutions of a ruling city or country will appear again in its dependencies. They are adopted by or forced upon its subject provinces ; they are reproduced as a matter of course in the colonies Avhich it plants with its own citizens. Take, for instance, what so long was the greatest dependency of England, a conquered province if we look to one class of its inhabitants, a colonial settlement if we look to another class, the so long separate but dependent kingdom of Ireland. In Ireland, as an English colony, the whole machinery of English Govern- ment, central and local, was reproduced as a matter of course. The Houses of Parliament, the Courts of Law and their Judges, the Ecclesiastical establishment in all its branches, the local administration under Lords Lieutenant, Sheriffs, Justices of the Peace, and the like, were all simply, as a matter of course, modelled according to the English pattern. Some differences may be found : thus the functions of an Irish Grand Jury are not exactly the same as those of the English body of the same name. But differences of this kind, mere matters of the minutest detail which have grown up in comparatively recent times, in no way affect the general reproduction of the institutions of the mother country in the colony. The English carried their whole system into Ireland ; so did the Crusaders carry their whole system into their conquests in the East : the most perfect system of feudal law is to be found in the Assizes of the Christian Kingdom of Jerusalem (9). These cases, which are the types of countless others, are cases of direct handing on of names and institu- tions from one country to another. It is a process which can hardly be called imitation ; it is not so much the framing of something after the model of something else ; it is rather the actual translation of the thing itself to another soil. There was most likely no thought about the matter : men who settled in a new land carried with them their own institu- tions and the names of those institutions as a matter of course. Cases of imitation properly so called are something i DIRECT IMITATION 17 different. In them men, after thought and debate, choose one model to follow, when they might have chosen another. The imitative work, however closely it may reproduce the likeness of the original, is not the original : it is not even the transplanted original ; it is something which has a distinct being and which starts from a beginning of its own. Such are the cases which I have already spoken of, in which the constitution of the English Parliament, a constitution which in England came about as the mere result of circum- stances, has been deliberately imitated in other countries. Most of the legislative Assemblies of Europe have followed the English model more or less closely. But the reproduction of English forms in this way is quite another process from their reproduction in Ireland. The difference may be likened to the difference between the real kindred which springs from natural parentage and the artificial kindred which springs from the legal fiction of adoption. And again, wide differences may be marked between different cases of simple imitation. Let me take an instance from the mere use of a borrowed name. There is a Capitol at Washington and there is a Capitol at Toulouse. In both cases alike the name is used in mere imitation of the Capitol at Rome. I say mere imitation, because it is hardly likely that, even at Toulouse, the name Capitolium and the magistracy of the Octoviri Capitolini were strictly handed on by direct transmission from Roman days (10). Yet we feel that the name Capitol is in its place at Toulouse in a way in which it is not in its place at Washington. In the second birth of municipal freedom it was natural that the citizens of Toulouse, cleaving to the memories of Rome, her laws and her language, should give to their institutions names borrowed from the old stock. At Washington the name of Capitol was mere imitation, it was the mere calling up of a name which had been dead for ages and with which those who made the new use of it had no direct connexion of any kind. At Toulouse, though I believe the use of the name to be imitation and not direct transmission, yet it is imitation of a kind which differs as little 18 EANGE OF THE COMPARATIVE SCIENCES LECT. as may be from direct transmission. So again, to take another illustration from the same region, the city of Alby kept its Consuls down to the great French Revolution (n), and, before many years had passed from that Revolution, Consuls were ruling, not only over Alby but over all France. Both, no doubt, were cases of imitation, yet we feel that for the commonwealth of Alby to give to its magistrates the name of Consuls, in days when the memory of the Roman con- sulship was still a living thing, was something different from that mere dead imitation of times and things which had utterly passed away which gave the name of Consuls to the elder Buonaparte and his colleagues. We may thus dis- tinguish imitation from direct transmission, and we may see wide differences between different cases of imitation. But, in the whole class with which we are dealing, the names and institutions of one time and place are consciously transferred to some other time and place. A thing which already exists is moved from an old home to a new one ; the thing is done openly ; there is no mystery about it ; the process needs not to be searched out by inference or analogy ; it takes its place among the facts of recorded history. The political institutions of one people have been handed on to another people, or they have been purposely imitated by another people. We find analogous cases within the range of the other kindred sciences. Religious beliefs and sacred legends have been spread in the same way. The creed of a conquering people has been spread over its subjects and neighbours, or a people have of their own free will adopted a creed which arose in some distant age and country. Christianity and Islam alike have been spread in both of these ways, by the swords of conquerors as well as by the preaching of missionaries. Open and undoubted connexions of this kind between the religious beliefs of different nations have nothing in common with those subtler connexions which are revealed to us by Comparative Mythology. So too with language itself: a conquered or neighbouring people adopts the language of a more powerful people. Thus the tongues of Greece, Rome, i LIKE RESULTS FROM LIKE CAUSES 19 Persia, and Arabia, to say nothing of the tongues of modern Europe, have been spread over vast regions, whose nations have adopted the speech of their conquerors or civilizers. Or again, a people, without necessity or compulsion, may adopt, if not the whole language, yet a large part of the vocabulary, of another nation, just as they may adopt the whole or part of its institutions. In this way the purity of our own tongue has given way to a jargon drawn from every quarter of the world, and even our High-Dutch kinsfolk seem to be too ready to follow us in the same evil path (12). Processes like these, which have their place among the recorded facts of history, stand distinct from the no less certain though unrecorded facts which are taught us by Comparative research. It is for the most part not very hard to know when a case of likeness between political institutions ought to be referred to this first class. The connexion in such cases is for the most part a matter of recorded history or of immediate inference from recorded history. With regard to our second and third classes our course is not so clear : we no longer have recorded history to help us, and it may often be a question to which of the two classes any particular instance belongs. When we find a likeness between the institutions of any two nations, which likeness we cannot reasonably attribute to conscious transmission or imitation during historical times, there are two possible ways in which the likeness may be explained. It may well be that there is no direct connexion whatever, conscious or unconscious, between the two. The likeness may be real and beyond doubt, but there may be no reason to believe either that one people has borrowed from the other, or that both have inherited from a common source. The cause of the likeness may simply be that like causes have, at however great a distance of time and place, led to like results. The institutions of a people are the natural growth of the circumstances under which it finds itself; if two nations, however far removed they may be from one another both in time and in place, find them- 20 EANGE OF THE COMPARATIVE SCIENCES LECT. selves under like circumstances, the chances are that the effect of this likeness of circumstances will show itself in the likeness of their institutions. The same evils will suggest the same remedies ; the same needs will suggest the same means of supplying them. There can be little doubt that many of the most essential inventions of civilized life have been invented over and over again in distant times and countries, as different nations have reached those particular points of social advancement when those inventions were first needed. Thus printing has been independently invented in China and in mediaeval Europe ; and it is well known that a process essentially the same was in use for various purposes in ancient Rome, though no one took the great step of applying to the reproduction of books the process which was familiarly used for various meaner purposes (13). What happened with printing we may believe also to have happened with writing, and we may take another illustration from an art of quite another kind. There can be no doubt, from comparing the remains of the earliest buildings in Egypt, Greece, Italy, the British Islands, and the ruined cities of Central America, that the great inventions of the arch and the dome have been made more than once in the history of human art. And moreover, much as in the case of printing, we can see in many places strivings after them, and near approaches made to them, which still never reached complete success (14). Nor need we doubt that many of the simplest and most essential arts of civilized life, the use of the mill, the use of the bow, the taming of the horse, the hollowing out of the canoe, have been found out over and over again in distant times and places. It is only when we find the unmistakeable witness of language, or some other sign of historical connexion, that we have any right to infer that the common possession of inventions of this kind is any sign of common derivation from one primitive source. So it is with political institutions also. The same institutions constantly appear very far from one another, simply because the circumstances which called for them have arisen in i UNCONSCIOUS REPRODUCTION OF INSTITUTIONS 21 times and places very far from one another. The whole system of historical analogies rests on this doctrine. We see the same political phenomena repeating themselves over and over again in various times and places, not because of any borrowing or imitation, conscious or unconscious, but because the like circumstances have led to the like results. To master analogies of this kind, to grasp the laws which regulate the essential likeness and not to be led away by points either of likeness or unlikeness which are merely incidental, is the true philosophy of history. Of the way in which political circumstances and institutions repeat them- selves, where no kind of borrowing or imitation can be thought of, many instances will occur to any one who thinks at all upon the matter. Let me take a most striking case from very modern history. It is shown beyond doubt in the writings of the founders of the Constitution of the United States that they had no knowledge of the real nature of the Federal Constitution of the Achaian League (15). But two sets of commonwealths, widely removed from one another in time and place, found themselves in circumstances essentially the same. The later Federal union was therefore cast in a shape which in several points presents a likeness to the elder one, a likeness which is all the more striking and instructive because it was most certainly undesigned. Washington and Hamilton had very faint notions that they were doing the same work which had been done twenty ages before them by Markos of Keryneia and Aratos of Sikyon ; but they did the work all the same. But, on the other hand, the Federal Constitution of Switzerland is a conscious reproduction of the Federal Constitution of America, with such changes as were called for by the different circumstances of the two commonwealths (16). A better illustration can hardly be found of the difference between likenesses which are owing to direct transmission or imitation and likenesses which are simply owing to the law that like causes produce like effects. We have thus seen that class of likenesses which come of 22 RANGE OF THE COMPARATIVE SCIENCES LECT. direct and conscious reproduction or imitation, and we have seen the class where the likeness is simply the natural result of like circumstances. But beyond these two lies the third class, the class which forms the more immediate subject of our inquiry, the class of likenesses where there is, on the one hand, no reproduction, no imitation, but where, on the other hand, the connexion is something closer than that of mere analogy. These are the cases where there is every reason to believe that the likeness really is owing to derivation from a common source. Where nations have been wholly cut off from one another during the historic times, and where there is no affinity of language to make us believe that they are scattered colonies of a common stock, this explanation is not to be thought of. But when we see nations which have been, during the historic times, more or less widely parted off from one another, but which are proved by the evidence of language really to be such colonies of a common stock when, among nations like these, we find in their political institutions the same kind of likenesses which we find in their languages and their mythology the obvious inference is that the likeness in all these cases is due to the same cause. That is to say, the obvious inference is that there was a time when these now parted nations formed one nation, and that, before they parted asunder, the common forefathers of both had made certain advances in political life, had developed certain common political institutions, traces or developements of which are still to be seen in the political institutions of the now isolated nations. At the time of the dispersion each band of settlers took with it a common tongue, a common mythology, a common store of the arts of social life. So it also took with it certain principles and traditions of political life, principles and traditions common to the whole family, but which grew up, in the several new homes of the scattered nations, into settled political constitutions, each of which has character- istic features of its own, but all of which keep enough of likeness to show that they are all offshoots from one common i THE THREE CHIEF ARYAN NATIONS 23 ;stock. To trace out likenesses of this kind, to distinguish those likenesses which really mark the offshoots of a common stock from those which are better referred to either of the other classes which I have distinguished, is the object of the inquiry which I have ventured to call Comparative Politics. Having thus, in this Introductory Lecture, tried to establish the possibility of such an inquiry, its proper objects and its proper limits, I wish to go on, in the lectures which are to follow, to illustrate the subject in some detail from those political institutions which were common to the races which hold the highest place in the history of mankind. My matter hitherto has perhaps been uninviting : it has certainly been of a kind which carries with it a certain strain on the mind, and which does not allow of any lively treatment. The matter which I have in store for the rest of the course will, I trust, be found of a more attractive kind ; and I shall hope that those who have followed me thus far will not refuse to follow me in tracing out the signs of original unity which are to be found in the primitive institutions of the Aryan nations, above all, in the three most illustrious branches of the common stock the Greek, the Roman, and the Teuton. 24 GREEK, ROMAN, AND TEUTON LECT. II GREEK, ROMAN, AND TEUTON WE are now fairly embarked on our subject. We are now in a position to trace out all that the Comparative method of inquiry has to tell us of the earliest political state of that branch of mankind to which we ourselves belong. We are now ready to stand face to face with our own immediate forefathers and kinsmen. And, along with them, we are ready to look, with fresh interest and reverence, on those other branches of the common stock kinsmen them- selves, though kinsmen less nearly allied who went before our own race in holding the first place among the nations of the earth. In the pages of history truly so called in the records which set man before us in his highest form the records which do not simply burthen the memory with the names of barbarian Kings, but which teach the mind and the heart by the deeds and words of the heroes of our common nature the records which set before us, not the physical bigness of Eastern kingdoms but the moral greatness of Western commonwealths in that long history of civilized man which stretches on in one unbroken tale from the union of the towns of Attica to the last measure of progress in England or in Germany in this long procession of deeds wrought long ago but whose effects still abide among us, of men whose very memories have often been forgotten, but whose works still live in lands which they never heard of- in this mighty drama of European and Aryan history, three ii PROMINENCE OF THE THREE RACES 25 lands, three races, stand forth before all others, as those to whom, each in its own day, the mission has been given to be the rulers and the teachers of the world. The names of those three races were the last words of my first lecture, and the political institutions of those three races, and the relations of those institutions to one another, will be the main subject of my whole course. Their history has ever been the main subject of my own studies ; their history I may reasonably suppose to be better known than any other to most of my hearers in this or in any other audience. As the Ayran family of nations, as a whole, stands out above the other families of the world, so the Greek, the Roman, and the Teuton, each in his own turn, stands out above the other nations of the Aryan family. Each in his turn has reached the highest stage alike of power and civilization that was to be had in his own age, and each has handed on his own store to be further enriched by successors who were at once conquerors and disciples. We get our glimpses of all three in times when the light of authentic history is but beginning feebly to struggle through the mists of legend. Yet, even in those earliest glimpses, we see a people who have already risen far above the state of savages, a people who already enjoy the most essential inventions of civilized being, who have already grasped the first principles of domestic and religious life, who have already taken the first steps in the growth of social order, of military discipline, and of civil government. Our first glimpses of history, in its highest and truest sense, show us the land which is at once the border-land of Europe and Asia and the most European of all European lands the land which, above all others, is the land of hills and valleys, of islands and peninsulas, of harbours and inland seas the land fonned by the hand of Nature to be the home of those countless independent commonwealths which were the earliest and the mast brilliant, if not the most lasting, of all the forms of man's political life (i). There, in the mother-land of Hellas, the native land of art and song and wisdom, and more glorious still as the native 26 GREEK, ROMAN, AND TEUTON LECT. land of law and freedom, we see the Aryan man in the first form in which European history or legend shows him, already possessed of all the needful arts of life, already gathered into organized civil communities, already taught to obey the voice of the elders of his people ; but already knowing how, by the shout of applause or by yet more emphatic silence, to teach the elders of his people what the will of the people itself deems good. He has already Kings, but he has also already Assemblies ; he has already courts where the man who has suffered wrong may come and seek for right at the judges' hand. Out of the common stock of the common race he has already brought to perfection the noblest forms of the common speech and of the common store of legend ; he speaks the tongue of Homer, and bows before the Gods of whom Homer sang. We see him, in these his earliest days, brought face to face alike with kindred tribes and with the worthiest rival of any alien stock ; we see him spreading the name and arts of Hellas over all the ^Egaean and Ionian coasts (2) ; here winning island after island from the grasp of the men of Tyre and Sidon (3) ; here raising his laggard kinsmen of Asia, of Sicily, and of Epeiros, to the level of the brethren who had so far outstripped them in the race (4). We see him, as time rolls on, planting his colonies, each colony a centre of civilized life and political freedom, on all the coasts from the Iberian to the Tauric peninsula (5). We see him in his own land rearing to the service of the Gods or of the State the first buildings, the first painted and sculptured forms, that really deserved the name of art (6). We see him bring to perfection, as in a moment, the living strains of the tragic and the comic muse, and we see him hand down to all who shall come after him the first-fruits of man's political wisdom, the great possession for all time (7). Another act of the drama shows us that a day so bright as this was in truth a day too bright to last ; we see the political independence of the nation, both in its own land and in its plantations on foreign shores, die out step by step till its very name has passed away. But it shows us too ii HISTORICAL POSITION OF ROME 27 how, in the well-known phrase, the captive land led captive her conquerors; how the Macedonian who dealt the first blow to her political freedom became the armed apostle of her culture; how he carried her tongue, her art, and her wisdom into lands which the colonists of her days of freedom had never reached (8). And, yet more, we see how the power which was to take her place in the world's annals became her scholar in the act of becoming her conqueror how, under the Roman sway, Greek became more than ever the common speech of civilized man how at last the throne of Rome was fixed in a Grecian city how Greek and Roman came to be words of the same meaning (9) how the Greek speech and the Greek creed kept its hold on one half of the divided Empire and how, even under the sway of the Barbarian, that speech and creed have lived on to our own day. From Greece we change the scene to Italy. Of the three great peninsular lands of Southern Europe, the central one, as compared with the group of islands and promontories to the east of it, forms a solid and compact land, which nature seems to have marked out for a single dominion. And, placed in the midst of that great inland sea whose shores formed the whole civilized world of early times, no other land seems so clearly marked out as the destined home of universal Empire. And so it was : a single city of central Italy made its way, step by step, to the dominion of Italy, and from the dominion of Italy to the dominion of the Mediterranean world. Step by step, the ruling city called in her allies and subjects to share in her own citizenship. A day at last came when York and Antioch not only obeyed a single ruler, but were as truly formed into a single state as were the village of Romulus and the village of Tatius in the first days of Roman legend (10). Greece had won the intellectual dominion of the world by her arts and her philosophy. Rome won the political dominion of the world by her arms, and kept her hold of it by her abiding Law. For the song of Homer and the lore of Aristotle -she had the 2S GREEK, ROMAN, AND TEUTON LECT. sword of Sulla and Caesar, the dooms of Servius and Justinian. Her tongue and her law she has handed on to every later age, and with them she handed on another gift, not, like them, her own by birth, but which she had made no less her own by adoption. The old creeds which had grown and stiffened out of the traditions which were the common heritage of the whole Aryan folk gave way to a creed which arose in a distant corner of Rome's dominion, among a despised people of alien blood and speech. If the Aryan world of Europe has learned its arts and its law from its own elder brethren, it is from the Semitic stranger that it has learned its faith. But before a Semitic faith could become the faith of Rome and of Europe, its dogmas had to be defined by the subtlety of Grecian intellect, the constitution of its organized society had to be wrought into shape by the undying genius of Roman rule. This Semitic faith, banished from its Semitic home, became the badge of Rome's dominion : the sway of Christ and Caesar became words of the same meaning ( 1 1 ). It was with a true feeling of the doom which was in store for her, that the men of those ages which a shallow view of history looks on as the ages of Rome's decline dared to give the name of Eternal to the city which was then in the childhood of her second life, preparing for a new and mightier dominion over the minds of men (12). Eternal indeed Rome has shown herself in her tongue, in her laws, and in the borrowed faith which, by her own law of adoption, she made her own. But she became eternal by still working out the same law which had been the law of her greatness from her earliest days. Rome became mistress of the world by doing what Athens and Sparta and Carthage had never done, by gathering those whom she had conquered into her own bosom. And she has remained the mistress of the world, because she knew how to carry on the same law in what seemed to be the days of her overthrow and bondage. The spell which she once threw over those whom she conquered she now knew how to throw over those who conquered her : she won the Goth to ii ENGLISH CONSTITUTION PURELY TEUTONIC 29 restore her material fabrics (13), and the Frank to restore her political dominion. The local Rome has fallen from her high estate, but she is the Eternal City none the less. Wherever men speak her tongue, wherever men revere her law, wherever men profess the faith which Europe and European colonies have learned of her, there Rome is still. We have now come to the third race, to the race of which we ourselves are members, to the predominance of the Teutonic nations, alike on either side of the German Ocean and on either side of the Atlantic. Of that race we may, for the purposes of the present inquiry, boast ourselves as the truest representatives. The boast may be a startling one, but, for the purposes of the present inquiry, it is a true one. In purity of language indeed, our tongue, with the strong Romance infusion which has crept into its vocabulary, cannot compare for a moment with the speech either of our High- German or of our Scandinavian kinsfolk. And, if we would see the ancient Teutonic institutions still abiding in their ancient form, it is not in the Teutonic island but on the Teutonic mainland that we must seek for them. But those well-nigh unchanged relics of the earliest times linger on only in a few Alpine valleys. The Landesgemeinden of Uri and Unterwalden are the truest representatives on earth alike of the Germans of Tacitus and of the Achaians of Homer ; but they are the Assemblies only of districts, not of nations, hardly even of tribes (14). Among the great nations of modern Europe, our own is, beyond all doubt, the one which can claim for its political institutions the most unbroken descent from the primitive Teutonic stock. The very fact which for so many ages gave Germany the highest place among nations at the same time cut her off from all claim to be the truest representative of the oldest Teutonic days. The Teutonic Kingdom, whose King was also Roman Emperor, was the foremost example of that fusion which has marie the modern world ; it was the foremost example alike of Roman influence on the Teuton and of Teutonic influence on the Roman. But, for that very reason, it could not be 30 GREEK, MOHAN, AND TEUTON LECT. the foremost example of a state whose modern institutions have grown of themselves, step by step, out of the oldest institutions of the common stock. The Scandinavian nations have been even more out of the way of direct Roman influences than ourselves ; still they too cannot lay claim to the same unbroken political descent. All honour, all success, to the new-born freedom of those three noble realms ; still it is but a new-born freedom, a freedom which has come into being within the memory of living men, a freedom whose foundations could be laid only by sweeping away the encroachments of despotism and oligarchy (15). But, widely as our present constitution differs from the rude traditions and customs of the followers of Hengest and Cerdic, there still is no break between them : all is growth within the same body ; there has never been any moment when the old was swept away and the new was put in its stead. Alone among the political assemblies of the greater states of Europe, the Parliament of England can trace its unbroken descent from the Teutonic institutions of the earliest times (16). There is absolutely no gap between the meeting of the Witan of Wessex which confirmed the laws of Alfred (17), or that far earlier meeting which changed Cerdic from an Ealdorman into a King (18), and the meeting of the Great Council of the Nation which will come together in a few days within the precincts of the home of the Confessor. There are many points in which other lands have kept far greater traces in detail of ancient institutions than we have done ; but no other nation, as a nation, can show the same unbroken continuity of political being. In this way we may claim to have preserved more faithfully than any of our kinsfolk the common heritage of our common fathers. This boast we may truly make ; but the very causes which enable us to make it shut us out from any claim to represent the general march of the Teutonic element in European affairs. Britain, like Scandinavia, was a world of its own (19) : it was not, like the rest of Western Europe, a Roman land overrun by Teutonic settlers who grew as it were from ii FUSION OF EOMAN AND TEUTONIC ELEMENTS 31 colonists into conquerors. It is a land which had ceased to be Roman before its Teutonic conquerors set foot in it. Hence we have no true Roman element in us ; we have nothing which has lived on uninterruptedly from the days when Severus and Constantine reigned at York, and when London had for a moment changed its name for that of the Roman Augusta (20). Whatever Roman element we have in us we owe, not to direct transmission from the elder Empire, but to our conversion by Roman missionaries, to our conquest at once by Romance-speaking warriors and by Romance- speaking lawyers, to the spirit of imitation which decked the lords of the island world with titles borrowed from the Caesars of the mainland (21). In the three homes of our folk, in the oldest England by the Eider and the Slei, in the newer England which we made for ourselves in the island world of Britain, in that newest England of all which is spread over the islands and continents of the Ocean, we have of a truth had our mission, but it has been a mission apart from the mission of our kinsfolk in the general course of European history. On the European mainland the Teutonic conquerors of Rome appear, like the Roman conquerors of Greece, in a character made up of that of conquerors and of disciples. The process was indeed different in the two cases. No Roman ever forgot the name or the speech of Rome, or merged his national being in that of his Greek subjects. But the Teutonic conquerors of the Roman provinces were proud to continue her dominion in their own persons ; they were proud to bear the titles of her ancient rule, and step by step to adopt her speech and to forget the land and the race from which they sprang. Never were the three races which have been foremost in European history brought more closely together never did the magic power of Rome stand forth more clearly never did she show herself more proudly as the historic centre, binding together the times before her and the times after her than in the days when Greek and German, Byzantion and Aachen, disputed the heritage and the titles of the dominion which the local Rome had lost, 32 GREEK, ROMAN, AND TEUTON LECT. but which was Roman still, into whatever hands it fell (22). Out of the union of Roman and Teutonic elements arose the modern world of Europe. The other races of Europe play but a secondary or a hidden part alongside of them. In Eastern Europe the Slave has played over again, with less brilliancy, the same part which the Teuton played in the West : he too has been half conqueror, half disciple. Bul- garia, Servia, Russia, are to the Eastern Empire and the Eastern Church what the kingdoms of Western Europe are to the Western Empire and the Western Church. The day of greatness of the Slavonic nations is perhaps yet to come. Their early advance was checked, and their progress was thrown back for ages, by a crowd of the most opposite enemies (23); and their revival in later times has placed them high among the rulers of the world, but has hardly placed them among its enlighteners. The other great European race, the race which came before the Teuton as the Slave came after him, the great Celtic race which formed the vanguard of the Aryan march to the West, still lives, still flourishes, still plays a foremost part in the history of the world ; but he plays that part under a borrowed guise. The Celt in his own person, speaking his own tongue, lingers only in corners here and there, one degree only more visible than the Iberian whom he dislodged. To fit himself to play a foremost part in the history of Europe, the Celt has had to borrow the garb of two successive conquerors. The Celt of Gaul has wrought many a brilliant page in the history of Europe ; but he has wrought it only as one who has taken to himself the name of a German tribe, and who speaks one of the many dialects of the undying tongue of Rome. Thus much written history would teach us, that these three races, the Greek, the Roman, the Teuton, have played, each in his own day, the foremost part in European history, foremost alike in the arts of war and peace, foremost in literature and philosophy, foremost in the twofold rule over the bodies and the souls of men. But written history by li ORIGINAL KIN DEED OF THE THREE RACES 33 itself could never have told us in what relation those three races stood to one another. That there was something in common between the men of the two great peninsulas, that Greece and Italy were not foreign to one another in the way in which Egypt and Carthage were foreign, could not but force itself on men's minds. But for ages there were no better means of explaining their undoubted likeness than by dreams of primaeval and heroic colonists passing from the Eastern peninsula to the Western. Herakles, Evandros, Odysseus, passed from Greece to leave their mark on Italy, and the Sabine Numa learned of the Samian Pythagoras the sacred lore with which his infant city was to worship the common Gods of Greece and Italy (24). But that Greece and Italy had aught in common with the Goth, the Frank, and the Saxon, perhaps never came into men's minds, unless indeed we may see some shadows of the great truth in those wild tales which spoke of Herakles and Odysseus as leaving traces of their presence by the banks of the Rhine and the Danube, as well as by those of the Tiber and the Arno (25). It is to the Comparative method of research that we owe that greatest discovery of modern science which puts all these facts in their true order and their true relation to each other. From that method we have learned that the three ruling races were but tribes of one greater race, branches of one common stock, detachments of one vast army, some of which reached their destined quarters earlier than their comrades. We see and know the relation in which the three ruling races stand to each other ; we see also the relation in which they stand to other members of the great family whose place in the world's history has been less brilliant. It may be that the Celt came too soon, that the Slave came too late, to have any direct share in the work of their brethren; but they are brethren none the less. We can now see the great family in its primaeval home, already risen far above the state of savages, furnished already with the ruling thoughts and the main inventions of civilized life. We see men among whom the family life, the social life, has already taken 34 GREEK, ROMAN, AND TEUTON LECT. the first and greatest steps, who have already developed the great conceptions of government and religion, who have already learned to build let us rather say to timber houses, to ear the ground, to tame the horse and the hound as their helpers in warfare, either with men of other stocks or with the wild deer of their own woods and wastes, with the bull whose horns have been taught to sound the song of freedom, with the lion whose backward path modern science has mapped out from the caves of Mendip to the Kanks of the Strymon (26). We see the many kindred streams flow off from the common source ; one branch has already passed off into the far East, again to meet in far-off ages with their severed brethren, to give worthy foes to Miltiades and Alexander, to Julian and Heraclius (27), and to give foes, subjects, teachers, and learners, to the founders and rulers of our own realm in the far-off Aryan land. They passed to the land of morning ; others took another line of march, as if to follow the great light whose daily course held so deep a sway over their thoughts to his home or his tomb beyond the stream of Ocean (28). And in that great company marched together, not yet parted off into people, nations, and languages, the forefathers of Camillus and of Brennus, of Caesar and of Vercingetorix. There marched, as yet brethren of one house and speech, the forefathers of Theseus and Achilleus, the forefathers of Theodoric and Charles, the forefathers of Hengest and Cerdic. And there, carrying as it were the brightest destinies of the world within them, marched the men of whose stock should come the great champions of right and freedom, the forefathers, as yet one in speech and brotherhood, of Kleisthenes the son of Mega- kles, of Caius Licinius, and of Simon of Moiitfort. But after a while they part company. One band leads the van of the westward march, to bear the brunt of the strife against the older tenants of the land, themselves as it were to take their place, to live on in distant islands and penin- sulas as isolated fragments of a once wide-spread and unbroken people (29). While the Celtic vanguard presses ii DISPERSION OF ARYAN TRIBES IN EUROPE 35 to the Ocean, two other swarms press towards the shores of the two great inland seas to whose presence it is owing that Europe has not been as Africa, or even as Asia. The Northern swarm lags behind for a while, husbanding its strength for the days when its scattered tribes should gather themselves into the nations of Germany, of Scandinavia, and of England for the days when offshoots from those main stems should grow into the commonwealths which have guarded the source and the mouth of the great Teutonic stream (30), which have planted a root of freedom even on the dreary shores of Iceland, and which have called into being the mightiest commonwealth of all in the new English land beyond the Ocean. But our own day was not to come till our kinsmen who pressed on, as it might then seem, with a happier lot, to the brighter shores of the southern sea had done their work and had made the way ready for us. Leaving the common centre as an united band but parting off into two companies at the head of the great Hadriatic Gulf, the forefathers of the Hellenes and the forefathers of the Italians spread themselves over the two peninsular lands where the written history of Aryan man was to begin. They played their part, each branch in its turn; the Western branch entered into the heritage of the Eastern, till the time came when our own race was to enter upon the heritage of both, to become the direct inheritors of Rome, and, through Rome, the indirect inheritors of Greece. These then are the three great historic races, the races which have played the foremost part among mankind, the races whose history really makes up the political history of man. But striking and instructive as the history of each of them is in itself, it becomes more striking and instructive still when we look on those three races as brethren of one common stock, parted kinsmen who shared a common heritage which they knew not of. And there are moments in the history of the world when not only these three races, but all the European branches of the great family seem as it were gathered together, sometimes to do battle against a 36 GREEK, ROMAN, AND TEUTON LECT. common enemy, sometimes, as it were, to meet at the hearth of that abiding power which might well pass for the common centre of them all. We read a casual notice that Frankish and English ambassadors found their way to the court of Justinian, and the utmost that we feel is a kind of languid curiosity, awakened by one of the very few times when the name of our nation in its earliest days is to be found in the pages of writers who still spoke the tongue of Greece (31). But when we think that those Frankish and English ambassadors represented the two great branches of the Teutonic race, that they brought with them, if not the homage, at least the awe and wonder, of the conquered Celtic lands of Gaul and Britain when we think that the prince to whose court they went was himself a kind of triple-bodied Geryon, a Roman Caesar of Slavonic birth, reigning in a Greek city over all lands from the Ocean to the Euphrates (32) it would seem as if representatives of every European branch of the common stock had been gathered together beneath the roof of the man who gave the world the abicKng gift of the Imperial Law. Or take another instance, not this time from a peaceful gathering, but from the field of battle. On the field of Chalons every European branch of the Aryan family seemed to have sent its contingent to the host which was to drive back the Turanian invader. Side by side, equal in might and dignity, emblems of the world that was passing away and of the world that was coming in its stead, marched Aetius and Theodoric, the Roman and the Goth. But the Roman came from the Illyrian land by the Danube ; the Goth ruled over Celt and Iberian on either side of the Pyrenees (33). And around their banners gathered the Frank and the Saxon, representatives of the two great branches of the Teutonic race, along with the Celt from his Armorican peninsula and the Sarmatian from the furthest European home of the common family (34). One name alone is wanting. Greece and Macedonia sent no help against a foe in whose presence they might well have remembered ii ARYAN AND NON- ARYAN INSTITUTIONS 37 that Xerxes and Darius were their kinsmen. All that the eldest brethren of the house could give was the Hellenic- sounding name borne by the Patrician who led the hosts of Rome to their last victory. Those days were the true Middle Ages, the days when the Roman and Teutonic elements of modern European life stood side by side, not as yet wrought together into the whole which was" to come of their fusion. And the history of those wonderful ages gains a fresh life if we remember that when Alaric led his host from the walls of Athens to the walls of Rome (35), he was marching through the lands of men of the same primaeval blood and speech as his own. And now what had those scattered brethren in common ? What, above all, had the three great races in common, the Greek, the Roman, the Teuton ? For those three must, as I have already said, form the main subject of our inquiry. Their own importance is higher than that of any other race : I who have taken the matter in hand am better able to deal with them; you who hear me will most likely be better able to judge of what I say, if I keep myself for the more part within the limits of the races which hold the foremost place in European history. For the more part, I say, not exclusively. While keeping our main attention fixed on these three races, I shall still freely, as occasion may serve and as my own knowledge may allow me, draw illustrations from other branches of the Aryan family, and even from nations which stand outside the Aryan pale. In an inquiry of this kind, which as yet is purely tentative, it is well to draw our illustrations from as wide a range as may be. The points of likeness between the primitive political institutions of the various Aryan nations are beyond doubt, but we meet with striking likenesses also among nations which are not Aryan. These facts suggest that we should very carefully examine every case of likeness, that we should see as well as we can to which of the three causes of likeness which I traced out in my former lecture 38 GREEK, ROMAN, AND TEUTON LECT. it may most safely be referred. One of those three causes, that of direct transmission, whether taking the form of conscious imitation or not, may be pretty well laid aside while dealing with the primitive institutions of any nation. Men who are in the state in which any of the Aryan nations were at the time when we get our first glimpses of them are not likely to borrow institutions from any foreign source, except when they come in contact with nations in a state of civilization out of all comparison with their own. The Celt of Gaul was not likely to adopt the manners or institu- tions of the Iberian, nor was the Iberian likely to adopt the manners and institutions of the Celt. But both stood ready to be moulded by the manners and institutions of the Greek colonists of Massalia or of the Roman colonists of Aquae Sextise (36). It is absolutely certain that the primitive Greek, the primitive Teuton, and the primitive Italian did not borrow from one another. We may even be certain that the different tribes of the three races did not borrow from one another that the Ionian did not borrow from the Dorian, the Latin from the Oscan, or the Frank from the Saxon. But, setting actual borrowing of any kind aside, it requires close examination in each particular case to say whether the likeness between the institutions of any two given tribes or nations is due to the actual sharing of a common heritage or to the like working of like circum- stances in different times and places. Even between two Aryan races, even between two tribes of the same Aryan race, it is not always safe hastily to decide that the likeness must be due to one or other of these causes. Greater caution still is needed when we come to likenesses between Aryan nations and nations of another stock. We shall presently see that the Old Testament, to go no further, furnishes us with several cases of striking likeness between Hellenic or Teutonic institutions and the institutions of the primitive Semitic tribes. Is such a likeness as this, not indeed accidental but incidental ? Is it due simply to the working of like circumstances bringing about like results ? ii INSTITUTIONS COMMON TO DIFFERENT RACES 39 Or are we to suppose that, beyond the common heritage of the Aryan nations, there is a wider common heritage in which Aryan and Semitic nations share alike (37), or even a wider heritage still, common to all mankind ? I will not venture to decide dogmatically in favour of any of these alternatives. I do not think that the time has come in which it is safe to decide dogmatically in favour of any of them. In an inquiry which is still only in its infancy, it is safer to mark such cases for further examination, but to leave their full explanation till the inquiry itself shall have reached a further stage. With our present amount of knowledge, the wisest course is to collect instances from all quarters, to classify them so far as we have the means of doing so, but not to be hasty in such classification, not to be disheartened if there are many instances which we have to leave unclassified altogether. In carrying out our inquiry as to the connexion between Primitive institutions, we may apply nearly the same rules as those which have been suggested in the case of Com- parative Mythology. It is not safe to set down any instance of likeness as being necessarily a case of an inheritance from the common stock, unless we have some corroborative evidence besides the likeness itself. We have the highest degree of such corroborative evidence whenever Comparative Philology steps in to help us. If two distinct nations of the Aryan family or, by the same argument, if two distinct nations of any other family have a common institution called by a common name, and if the likeness is plainly not a case of imitation or borrowing from one another, such an institution may be set down without any kind of doubt as being a clear case of common inheritance from a common stock. But the negative argument the other way is by no means equally strong. The caprice of language is so great, words drop out of use in one tongue and are kept in use in another in such a singular way, that the mere fact that cognate institutions are not called by cognate names is not of itself proof that they are not part of a 40 GREEK, ROMAN, AND TEUTON LECT. common heritage. We must weigh all the circumstances and all the different forms of evidence. Of all the forms of corroborative evidence, the philological form is doubtless the highest, but it is not the only one. If two nations are shown by other evidence, especially by philological evidence applied to other subjects, to be kindred nations, holding in common a large share of the primitive common stock if the nature of their political institutions, no less than of their language, their mythology, their customs of other kinds, naturally suggests the thought of a common deriva- tion the mere fact that their institutions do not bear cognate names is not enough to disprove, or even to throw doubt upon, the common derivation of those institutions. In many, perhaps in most, cases we shall find that the kindred institutions bear names which are not philologically cognate, but which translate one another, sometimes in a very remarkable way. The institutions are the same; the names are not the same; they may not even come from a common root ; but they are the names which most closely answer to one another in meaning in a later stage of the two languages. This is in truth exactly what we might look for. The common stock of language which the undivided Aryan family possessed in common even the stock which its European branches possessed in common after their separation from the Eastern branch was, in the nature of things, a vocabulary of the simplest kind, a vocabulary consisting mainly of nouns expressing the most familiar objects and verbs expressing the most familiar actions. Words expressing objects or processes which are at all complicated or abstract belong to a later stage. Those each nation has formed for itself; it has formed them out of the old common roots, but it has formed them each for itself, and after its own fashion. Now this argument specially applies to the names of political institutions. We may believe that the primitive Aryans, before their separa- tion, had already taken the first steps in political life ; that they had already developed a simple form of government, ii ARYAN FORM OF GOVERNMENT 41 traces of which are still to be found among the scattered members of the common family. That such is the case, or is likely to be the case, is the ground-work of the whole of the present inquiry. But, though we may believe that- the Aryans before the dispersion had worked out for them- selves something which we may fairly call common political institutions, we cannot believe that they had worked out for themselves any refined or exact political vocabulary. The political stock which the scattered brethren carried off with them at the dispersion must have consisted of a few acknowledged customs, a few acknowledged simple principles ; but their dictionary of political terms must have been short. They may have had I firmly believe that they had among them the germs of monarchy, of aristocracy, and of demo- cracy, but they certainly had not names for those abstract ideas. It was each nation working for itself after the dispersion, which worked for itself, out of the common stock of principles and customs, such more elaborate political forms as suited its own circumstances. And for those forms it devised names out of its own vocabulary as it stood at the time. In this way, while we fully believe that there is a common political heritage belonging to the whole family, yet it is in no way wonderful, it is rather what we should in every way expect to happen, that each nation should have a political vocabulary of its own. That is to say, most of the names of particular officers and the like in each particular nation were independently given by each nation in the particular language into which the common speech had by that time grown among them. And now let us illustrate all this by examples taken from the political history and political nomenclature of the three great races of which we have mainly to speak. In future lectures I hope to draw out more fully in detail how, as for as we can go back, by the help of history or legend, into Hellenic, Italian, or Teutonic antiquity, we find in all alike the germs alike of the monarchic, the aristocratic, and the democratic principles of government. That union of the 42 GREEK, ROMAN, AND TEUTON LECT. three which Tacitus thought, if possible, could not be lasting, seems in truth to have been a common Aryan heritage possibly a heritage of all mankind (38). In later times conscious attempts have been made, or, without any conscious attempt, men have been led by the circumstances in which they found themselves, to devise forms of government after this model. In so doing, as in so many other cases, they have often, wittingly or unwittingly, fallen back upon the earliest models that were to be found. There is one form of government which, under various modifications, is set before us in the earliest glimpses which we get of the political life of at least all the European members of the Aryan family. This is that of the single King or chief, first ruler in peace, first captain in war, but ruling, not by his own arbitrary will, but with the advice of a council of chiefs eminent for age or birth or personal exploits, and further bringing all matters of special moment for the final approval of the general Assembly of the whole people. I am far from saying that this form of government is peculiar to the Aryan nations ; but I wish to deal with it first of all as something which seems to be common to all the Aryan races, and which is undoubtedly common to the three great races with which we are chiefly concerned. It is the form of government which we see painted in our first picture of European life in the songs of Homer ; it is found alike in the realm of the King of Men at Mykene" and in the realm of the King of Gods and Men on Olympos. It is the form of government which tradition sets before us as the earliest form of that ancient Latin constitution out of which grew, first the Commonwealth and then the Empire of Rome. It is no less the form of government which we see in the first picture of our own race drawn for us by the hand of Tacitus (39), and in the glimpses given us by our own native annals of the first days of our own branch of that race when they made their way into this island in which we dwell. Differences of detail may easily be marked in the different forms of the common constitution, as it n THE KING, COUNCIL, AND ASSEMBLY 43 appears in each of the three great races and even at different times and among different tribes of the same race. The titles of the chief ruler, the manner of his appointment, the range of his powers, differ in different cases. With these differences of detail I shall have to deal in my next lecture. I have now only to speak of the common element in all. And in all, I think, we shall see the same general system of the single head of the state, the smaller Council, and the final authority of all, the general Assembly of the whole people. And, when the likeness is so close between the three branches of this great family which cannot possibly have borrowed their institutions from one another in later times, but which remained together as one people till a late stage of the general dispersion of the Aryan nations, the presumption surely is in favour of the belief that political institutions which are so strikingly alike are in truth a common heritage, a primaeval form of government under which the forefathers of Greeks, Italians, and Teutons lived together, before Greeks, Italians, and Teutons had parted off into separate nations. This presumption may be met by the objection at which I have already hinted, namely, that the several powers of the State, analogous as their form and powers may be, are not, as a rule, called by cognate names in the three languages, Greek, Latin, and Teutonic. But, if I have suggested the objection, I think I have also answered it beforehand. I think that the diversities of name are exactly what we ought to expect. Each race carried away certain general principles of government from the common stock ; but the details of each particular con- stitution, still more the details of its political vocabulary, were worked out by each nation for itself, or rather by eacn tribe of each nation for itself, in times long after the dispersion. At all events, the points of likeness and un- likeness between the early political vocabulary of the three races* form a part of our subject, and it is with some inquiry into them that I purpose to fill up the rest of the spaoo which is left me to-day. We shall find few or no cases in 44 GREEK, ROMAN, AND TEUTON LECT. which the actual names of any office are akin in the three languages; but we shall find that most of them can be traced up to common roots, and that there are several cases in which names, though they are not cognate with one another, yet most certainly translate one another. Let us begin with the familiar names of the chief of the State in the three languages. It is plain at first sight that the words fiaa-ihevs, Rex, and King are not words of common origin. Nor is the matter mended if, instead of those three familiar names, we use older or less usual names in each of the three languages, if we take the older or poetic Greek title ava (40), or if for the comparatively modern title of King we take the older Thiudans or Drihten. But the fact that Cyning, King, in all its forms, is a comparatively modern title, is an important point in the argument. It shows how offices which were substantially the same were called by different names at different times, or by different branches of the same race. The Gothic Thiudans and the English Gyning must have expressed an office substantially the same, because the Latin Hex and the Greek /3ao-i\evs translate both of them. The names are in no way kindred in origin, but they are closely kindred in meaning : Cyning from cyn and Thiudans from thiuda, each called after the kin or people, pretty well translate one another (41). We thus find two nations so nearly allied in speech, though so widely cut off in history, as the English and the Goths, nations about which we can hardly doubt that their institutions came from a common source, calling the head of the people by names which in both cases meant the head of the people but which are in no way philologically akin. There is, then, no need to be surprised if, among branches of the Aryan family which are less nearly akin, we do not always find cognate offices called by cognate names. We shall rather be surprised to find in how many cases the names are cognate. The {^atin Hex and the Teutonic Cyning have nothing in common in their names ; but, if we go one step beyond the titles borne n NOMENCLATURE OF KINDRED TONGUES 45 by the men themselves, we shall find that the regnum of the one is the same thing as the rice of the other ; if we sav of the one that he rexit, we say of the other that he rixode (42). We may go farther East and West, and find the same name in the Celtic both of Wales and Ireland, and in the far-off Sanscrit (43). We then see that both the idea of government and this particular root to express government had borne fruit in the Aryan mind, not only before the Latin had parted off from the Teuton, not only before the Celt had parted off from both, but before the great separation had happened between the European and the Asiatic branches of the great^ family. It is therefore owing merely to one of the accidents of language that, while Latin and English had a cognate noun and a cognate verb to express the kingly office, Latin had, and English had not, a cognate noun to express the King himself. And if the comparatively modern forms, both of English and of High- German, give us no cognate name for Rex, we have in the older Gothic the form Reiks, which, if it does not strictly translate Rex and Cyning, is not very far removed from them in meaning (44). If then we find these traces of common origin in Latin, Teutonic, Celtic, and Sanscrit, we may be sure that the absence of any such analogies, at all events of any such palpable analogies, between races so much more closely allied as the Greek and the Latin, must be a mere caprice of language, though a strange one indeed. I say no such palpable analogies^ because I leave it to stronger philologers than myself to say whether any kindred may lurk between &pxfiv and regere. However this may be, it is at least plain that the most obvious words, &va and fia/>aro/>es of Athens have in their political use no Latin cognates, though we see in them the missing Greek cognates of the names of kindred, brother and f rater (47). So the Athenian fiov\4 answers to the Spartan ye/oowia ; but now mark that the Spartan ycpova-ia translates the Latin Senatus. Mark too, that the aristocratic order at Athens and at Rome are respectively the lir-nfls and the Equites, words which have a philological connexion in the far-off kindred of ftnros and equus, but which in their actual shapes are distinct and comparatively late formations (48). A whole flood of analogies now pours in upon us. The yepoucria and the Senate are kindred institutions, institutions which, one can hardly doubt, are really part of the common heritage. But the analogy of the names is simply a case of that kind of analogy which springs from like causes producing like effects. In an early state of society, age implies rule and rule implies age; this is taught us by a whole crowd of words in all languages. From the Elders of Midian and the Srjjuoye'pozres of Ilios, we have not only Spartan and Roman Senators, but II NAMES WHICH TRANSLATE ONE ANOTHER 47 TrpeV/Sei?, ambassadors, whose name of age has passed into a name of office: we have Christian Presbyters and English Ealdormen ; we have the long string of names which spring from the mediaeval use of Senior (49), Monseigneur, Monsieur, Sire, Sir, and endless others. And, to end as we have begun, beyond the Aryan fold, we have the Sheikhs of the Arab, and among them the most famous of his class, the Old Man of the Mountain (50). So again the iTrmjAarat of Homer, the iTTTreis of Athens, the Equites of Rome, appear again in the Caballeros, the Cavalieri, the Chevaliers, of Romance Europe, and in the Ritterschaft of the Teutonic mainland. Here again the names are simply analogous. Wherever, as always will be in an early state of society, there is no professional army, but an armed nation serves without pay, if such an army uses horsemen as part of its force (51), that force is sure to be made up of the noble and wealthy: cavalry and chivalry will be the same. In the later days of Rome the Equites ceased to be a military body; but in after ages, when the same state of things came again, new words were made, no longer from the now obsolete cquus, but from the word cdballus which had taken its place. In Germany again the same causes again called forth the word Hitter, and its English equivalent comes into use in the later years of our national Chronicle, when King William dubs his son Henry to rider (52). No such title is heard of in the earlier days of England. The Thegn, the Ealdorman, the King himself, alike fought on foot ; the horse might bear him to the field, but when the fighting itself came, he stood on his native earth to receive the onslaught of her enemies (53). All these are instances of the way in which, especially in so young a form of research as this, we must ever walk warily, and most carefully distinguish cases of likeness which there is every reason to believe are really owing to inherit- ance from a common stock, and cases where the likeness is simply the likeness of analogy, the effect of like results springing from like causes. We have seen how much 48 GREEK, ROMAN, AND TEUTON LECT. is proved by the presence of cognate names of offices, how little is proved by its absence. Our preliminary work is now over. We have defined the nature of our method ; we have traced out the limits within which it will for the present be wise commonly to confine its application. In the following lectures I shall try to grapple with the leading analogies to be found in the great institutions of the three races with whom we have mainly to deal. In my next lecture I purpose to deal with the State itself, with the primitive conception of the commonwealth, as we see it in our first glimpses of Greek, Roman, and Teutonic political life. I shall thence go on to the head of the State, the King, and to its body, the Assembly. And the course may well be wound up with some instances of special analogies in the institutions of the three races, all helping to show, on the one hand, how truly human nature is one ; how, without regard to races and times, men are by like circumstances moulded to like forms ; and, on the other hand, to show how great is the common heritage which the tribes of the common family bore away from their primaeval home, how many are the signs of ancient brother- hood, which, notwithstanding distance of place and time, notwithstanding mutual ignorance and mutual hatred, may still be traced among them. in THE THREE ELEMENTS 49 III THE STATE IN my two former lectures we have, I trust, seen somewhat of the general nature of that common political heritage a share in which probably belongs to every member of the great Aryan family, and most certainly belongs to each of its three most illustrious branches. Our earliest glimpses of the life of our forefathers and kinsfolk set them before us as already gathered together in organized societies, as having already developed the first principles of political government, and, what is more, as already showing the germs of the three great forms of political government, as showing the germs of monarchy, of aristocracy, and of democracy. Wher- ever we find, in however rude a shape, the King or other chief, the Council of elders or nobles, and the general Assembly of the people, the substance of all three is there. Nor must we in this matter be led away by mere names. The first element, that of the King or other chief, may remain after the kingship in the ordinary sense has been abolished, just as the forms and titles of kingship may remain after the real kingly power has passed away. The aristocratic element again, the Council, may or may not take the form of an hereditary body. Aristocracy, I need hardly say, in its strict sense, is the rule of the best : indeed aristocracy would be the rule of the ideally best, those who are really wisest, bravest, and most upright. Any other standard, be it that of age, of birth, or of wealth, is simply a substitute which 50 THE STATE LECT. is accepted because, in an imperfect world, the rule of the ideally best is something which may be talked about, but which will never be found in actual being (i). In the most conservative society of men that ever was, the com- munity which never wholly abolished any one of its ancient institutions, in the Commonwealth of Rome, we see how both the kingly and the aristocratic elements of the State, in the common sense of those words, might be swept away without at all sweeping away the substance of either the kingly or the aristocratic power. Personal kingship was swept away, but the kingly power was not swept away: it was simply put into commission, entrusted to two men for a year, instead of to one man for life (2). Afterwards, as the needs of the State called for such a change, it was further divided among various magistrates of various ranks, but to all of whom some portion of kingly dignity still clave (3). So again, when, as the monarchy had changed into a commonwealth, so the commonwealth changed into a monarchy, the change was not made by abolishing old offices, or by creating new ones, but by gathering all the offices of State into the hand of a single man. As the separation of the various duties of the King created the various magistracies of the Common- wealth, so in turn the union of the various magistracies of the Commonwealth created the Emperor (4). So with regard to the aristocratic branch, the object of all popular movements at Rome was, not to abolish the Senate, not even greatly to lessen the powers of the Senate (5), but to break down the distinction of old and new citizens, and to throw the Great Council of the Commonwealth open to all its members. In this way the three powers went on, though the hands which held them might be changed. The kingly power went on, though there was no longer a personal King ; the aristocratic power went on, though it was no longer confined to a particular order of the Commonwealth : and thereby for two glorious centuries Rome came nearer to being aristocratic, in the literal sense, than any other government that the world ever saw. If the rule of the best m ROME THE TRUEST ARISTOCRACY 51 was ever reached in any political community upon earth, it surely was in the commonwealth which strove against Hannibal and overthrew him. If there ever was a time when the ideal picture of the poet was to be found on earth, the time when None was for a party ; When all were for the state ; When the great man helped the poor, And the poor man loved the great, that time was surely to be found in those brightest days of the Roman Commonwealth, when the elder distinctions of patrician and plebeian had passed away, and when the later distinctions of rich and poor had not begun to show them- selves (6). The great idea of the State, the City, the Commonwealth, the great whole in and for which each of its members lived and worked and fought and died, had never reached to greater sway over the minds of men than in the long struggle between the first of cities and the first of men. Thus it was shown that the very greatest of men, in the single strength of the wisest head, the stoutest heart, and the strongest arm, was, after all, a power less mighty than the enduring strength of an united people (7). To show how the idea of the State that is, in those days, the idea of the City could rule men's heads and guide their actions, I might find examples equally to the purpose in the history of other commonwealths, in democratic Athens or in oligarchic Venice. But Rome stands out above all, because in no other commonwealth did the three primitive elements of government live on so long side by side, with changed forms indeed, but with the strength of all three undiminished. Among the ranks of her own citizens, Rome had in those days no elements of weakness : every citizen had his place, and knew his place, and did his work in his place. Her one element of weakness lay without her walls, in that she was a city ruling over other cities (8). But here, as in all history, and as pre-eminently in Roman history, the good and the 52 THE STATE LECT. bad, the strong and the weak sides, spring from the same source, and can hardly be separated from one another. The noblest and the vilest deeds of the true Roman went hand in hand. To Rome, to the State, to the whole of which he was but an unit, he was ready at any moment to sacrifice himself and all that he had ; and to the State, to which he was ready to sacrifice himself, he was no less ready to sacrifice all that came in the way of the greatness of the Roman Commonwealth. To Rome he would sacrifice the laws of eternal justice, the rights of other nations and common- wealths, the very faith of treaties, and what we should deem the truth and honour of Rome herself. The State then, in what is in some sort the highest con- ception of it, is a City ; and it can hardly fail to be a City bearing rule over other cities. Now the conception of the State as a City is far from being the earliest conception of the State ; still it is one which has much in common with the earliest conception of the State as opposed to the con- ception of it which now prevails in modern Europe. The modern conception of the State is a Nation. It is perhaps not very easy to define a Nation ; still the word conveys an idea which, if not always very accurate in point of philosophy, is at least practically intelligible. Whatever else a nation may be or may not be, the word suggests to us a considerable continuous part of the earth's surface inhabited by men who at once speak the same tongue and are united under the same government. Anything differing from this strikes us as exceptional. Thus Switzerland and Scotland give us examples of nations, which we feel to be nations, but which are formed by the artificial union, through the circumstances of their history, of parts of three adjoining nations which have parted off from their natural brethren and have found adoptive brethren among strangers. On the other hand, in North America we see, in the United States and the adjoin- ing dominions of the British Crown, a continuous territory inhabited by men speaking the same language, but who, being separated from one another by the circumstances of in DEFINITION OF NATIONALITY 53 their history, no longer feel themselves to be members of the same nation. By a process analogous to the Roman law of adoption, that law by which a man might artificially become a member of a family to which he did not belong by birth, those parts of the German, Burgundian, and Italian nations, which have joined together to form the modern Swiss nation, and those parts of the Irish, English, and British nations which have joined together to form the modern Scottish nation, have cast away their original nationality and have made for themselves a new one (9). But the Publius Cornelius Scipio who finally overthrew Carthage was, /Ernilius as he was by birth, as good a Scipio as the elder Publius who had given Carthage her death-blow at Zama. And so the artificial Scots, the artificial Switzers, have formed a nation as real and true as if it had been a nation strictly answering to some linguistic or ethnological division. And, in the other case, the events which have caused the English settlers north and south of the great American lakes to part off into two distinct nations have the character of a family quarrel, which, because it is a family quarrel, is harder to heal than a quarrel between strangers. But we feel that all cases of this kind either way are exceptional cases, accounted for by exceptional causes ; the normal nation is one where the continuous speakers of a single tongue are united under a single government ; such a nation forms the ideal of a State, whether kingdom or commonwealth, which fonns the ground of all modern political speculation. Now this fact that we expect, as a rule, the nation to fonn a single government the fact that political unity enters into our general idea of a nation shows how greatly we have changed in this matter from the political ideas of earlier times. Take Greece for example. There was in the Greek mind a distinct idea of a Greek nation, united by a common origin, speech, religion, and civilization. Every Greek was a brother to every other Greek, as contrasted with the outside Barbarian (10). But that the whole Greek nation, or to much of it as formed a continuous or nearly continuous 54 THE STATE LECT. territory, could be united into one political community, never came into the mind of any Greek statesman or Greek philosopher. The independence of each city was the one cardinal principle from which all Greek political life started. The State, the Commonwealth, was in Greek eyes a City, an organized society of men dwelling in a walled town as the hearth and home of the political society, and with a surround- ing territory not too large to allow all its free inhabitants habitually to assemble within its walls to discharge the duties of citizens. During the most brilliant times of the Greek Commonwealths, the City, and nothing higher or lower, was the one acknowledged political unit. A scattered tribe was not enough, an unwalled village was not enough : while, on the other hand, no Greek of those days willingly merged his city in any greater aggregate (n). And the higher was the civilization, the fuller was the political developement, of any branch of the Greek nation, the stronger was the feeling with which it clave to the full political independence of every separate city. The feelings which we bear towards the Nation, the Greeks bore towards the City ( 1 2). We have heard in modern times of " oppressed nationalities" a form of words which, I suppose, means much the same as oppressed nations. That form of words implies that such nations are wronged by being put under a government which is not of their own nation. With exactly the same feelings did the old Greeks look upon those cases in their own political world when it was not nation that was subject to nation, but city that was subject to city. For one city to bear rule over another was common enough, when one city was stronger and another weaker ; but such a relation was always deemed to be unjust, at all events in the eyes of the weaker city. And in such cases it was always, in the strictest sense, city bearing rule over city; the subject city still kept on its being as an organized political community, and it therefore felt only the more keenly the loss of its full political independence (13). The theory of the independence of each city, the universal doctrine of Greece, was, though as in ORIGIN OF THE CITY 55 we shall presently see in a very modified form, the political doctrine of ancient Italy also. The feeling has affected language in a way which makes it hard to represent some familiar Greek and Latin expressions in any modern speech. DarpiV, patria, may often be well enough translated by country, patrie Vaterland ; but the true patria of the Greek or the Roman was not a country in our sense : it was not Greece but Athens, it was not Italy but Rome, which was the patria of the Athenian or the Roman (14). Scipio at Liternum was held to be in exile as much as if he had banished himself to Spain or Syria. And when Tiberius removed his dwelling from Rome to Caprea3, men wondered that a Roman citizen, a Roman prince, could so long " carere patria " ; a phrase which, if we translate it " to be without a country," sounds strange indeed when applied to one who had simply moved his dwelling from Rome to an island off the coast of Campania (15). But the idea of the City, on the face of it, marks in truth a very advanced state in the political developement of any people. If we look at the history of Greece only, we shall find abundant signs that that political life of the city which comes out with such brilliancy in the days of the Persian and Peloponnesian ware, and which was already fully established in the days of Homer, was far from being the earliest social condition of the Greek people. The thing in fact hardly needs proof: it needs no evidence to show that a wandering tribe cannot build cities, nor is it likely that men should gather themselves together in political societies within walled towns till they have been long accustomed to the practice of agriculture and of life in settled dwellings. As the settled village is an advance on the wandering tribe, so the walled city is an advance on the unwalled village ; its origin is often to be found in the hill-fort which formed the rude citadel of the village, the primaeval fortress where men and cattle might seek shelter in case of a sudden inroad of their enemies. The hill-fort might itself grow into the city, 56 THE STATE LECT. as so many ancient Gaulish hill-forts have grown into ancient Roman and modern French cities (16), or as the greater Athens of later times gathered round the holy rock of Athene*, once itself the city, but now its venerable Akropolis (17). Or again, as population grows and civilization advances, the hill-fort may be wholly forsaken for some more tempting site in the plain ; as when the lofty Dardanie made way for holy Ilios, the city of articulate-speaking men (18). Greek city life could not have existed as long as the forefathers of the Hellenes were slowly making their way from the head of the Hadriatic gulf down to the peninsula of Attica and the great island of Pelops (19). The point is that even the first rudiments of Greek city life could hardly have come into being till the Hellenes had long been in possession of the peninsular land between Mount Olympos and Cape Malea. The Homeric poems contain passages which seem to contrast the social state of the Achaian princes and people with other races, at least not wholly alien, which were still on a lower social level (20). It is worth noticing too that the familiar word brj(j.os, the people, seems to have first of all meant the ground, and thence to have been transferred to the inhabit- ants or tillers of the ground (2 1 ). This change of meaning could hardly have taken place after city life was fully established. And side by side with the greatest develope- ment of the later meaning of the word, side by side with the Athenian Delmos himself, we see the local divisions of the land, which still bore the same name, witnesses of the time when Demos had meant the land itself, and not those who dwelt upon it (22). But other proofs show that the state of society which we see in the Homeric poems succeeded, no doubt by gradual stages, to one far less advanced, which still left traces of itself in historic times. In historical times the cities are everything ; treaties and leagues were, in the more advanced regions of Greece, made only between city and city. But the most ancient of common Greek institutions, the great religious union of the Amphiktyons, was not an union of cities. Athens and Sparta, as Athens and Sparta. in TRIBES MORE ANCIENT THAN CITIES 57 had no part or lot in it. The Amphiktyonic body was an union of races, races some of which had risen to greatness in other parts of Greece, while others remained in their ancient obscurity in their old seats by Thermopylai. In that great religious convocation, the Dorian and the Ionian race had each its equal vote alongside of Malians and Phthiotic Achaians. Athens and Sparta, as severally the greatest Ionic and the greatest Dorian city, might practically command the Ionian and the Dorian vote ; but, as the cities of Athens and Sparta, they had no formal place in the Council. This feature in the Amphiktyonic body, a feature which could not possibly have been introduced at any moment in the recorded history of Greece, at once shows the vast antiquity of the Amphiktyonic union, and it also shows that the system of cities with which we are so familiar in Grecian history grew out of an earlier system of tribes (23). So again, even in the historic times of Greece, we find that there were large districts, JEtolia, Akarnania, some parts of Arkadia, in which city life was very imperfectly developed, where walled towns at special points were not unknown, but where the city had not wholly swallowed up the tribe and the village, in the way in which it had done in the lands of Athens, Corinth, or Boeotia (24). We find also in the historic times more than one instance in which a Greek city Elis for example, and Megalopolis in after times was formed by the union of several villages, or of towns so small that they hardly deserved the names of cities (25). And we see too, in the case of Mantineia and of Sparta itself, a tradition so strong that it can hardly have been groundless, which told that those cities had themselves been formed in a like sort, in days which must have been older than the Homeric catalogue (26). So again, in those neighbouring nations which were not strictly Greek, but to whom the true Hellenes seem to have .stood in the relation of members of the same family who had outstripped their brethren, among Epeirots and Macedonians, we find much the same state of things as in the ruder parts of Greece itself: the city is not unknown, 58 THE STATE LECT. but the tribe and the village still remain the leading features of national life (27). We might have inferred without historical evidence, from the very nature of the case, that the Greek system of cities grew out of an earlier system of tribes and villages, but there is in truth quite enough of strictly historical evidence to prove the point. The system of cities was thus, even in Greece, far from being a thing which had been from the beginning. But it became, as we all know, the great characteristic of Grecian politics, the feature to which Greece owes at once the brilliance and the shortness of its history. For the city, according at least to Greek political ideas, kept on one feature of the life of the tribe, even more strictly than it was kept on by the tribe itself. The City, the State, the commonwealth, was an assemblage of yevrj, of gentes, of natural or artificial families. Citizenship was thus a matter of hereditary descent : mere residence, even to the ninth and tenth generation, could never confer the civic franchise (28). Once or twice in the history of a city, when the original citizens had shrunk up into a narrow oligarchy, a large admission of the unenfranchised classes to the rights of citizenship might change the commonwealth from an oligarchy into a democracy (29). Now and then too citizenship might be bestowed by special decree on a stranger, whether a resident on the spot or a distant prince who had deserved well of the commonwealth (30). But there was no way by which the necessary extinction of citizen families could be, as a matter of ordinary course, supplied by new blood. A Greek city might hold other cities in bondage ; she might have other cities united to her on terms of either equal or dependent alliance; but the breaking down of the citizen barrier, the admission of allies or subjects to a common franchise, was, we may say, unknown in the historical times of Greece. It had been done once before history began, when all the Attic towns were either persuaded or constrained to merge their political being in that of the one city of Athens (31). It was tried once in historical times, in a in GREECE NEVER BECAME A NATION 59 feeble and unsuccessful way, when the commonwealths of Argos and Corinth were for a moment thrown into one (32). But, as a rule, through the most brilliant days of Greece, each city clave to its separate political being. The higher the political developement, the higher the material and social civilization of any Grecian city, the more fervently, the more obstinately, it clave to its distinct and independent being as a sovereign commonwealth. It might be a ruling city, and it never dreamed of granting its citizenship to its subjects ; it might be a dependent city, and it dreamed perhaps of throwing off the yoke of its too powerful neighbour, but never of asking for its franchise. From this cause sprang two results. Greece never became, in any political sense, a nation. And those parts of Greece which, in her latest days of independence, came nearest to becoming a nation were not those parts which had filled the foremost places in her earlier and more brilliant days. In the last, the Federal, age of Greece the parts of Greece which showed the fullest national life were precisely those more backward districts where Greek city life had never developed itself in its fulness. ^Etolia, Akarnania, even the hellenized Epeiros, now show a truer national life than Athens. But in those later days one great step in political progress was taken. Federal principle had hitherto lurked in Greece only in the parts where either city life was hardly developed at all, or where the cities were small and of little account in Grecian politics. It had long bound together the fierce tribes of ^Etolia and the respectable but insignificant towns of the original Achaia (33). It now became the leading principle of Greek politics. The greater part of Greece was mapped out among Federal commonwealths. But the greatest cities of the olden time kept aloof from a system which so greatly trenched on the separate inde- pendence of each particular city. Athens never joined the Achaian League ; Sparta was enrolled in it against her will (34). In these last days of independent Greece a new form of political life arose. But it was simply a developement 60 THE STATE LECT. or modification of her old system of independent cities. The cities gave up so much of their independent political being as to group themselves into Confederations, to let several cities form a single State in their dealings with other States. But the Confederation was still a Confederation of cities. The internal constitutions of the cities remained untouched. Each still remained a distinct and sovereign commonwealth in all its domestic affairs. The form of a Federal Common- wealth, a Bundesstaat (35), and that a Federal Common- wealth formed, not of tribes or cantons but of cities, was the nearest approach to national unity to which the most advanced parts of Hellas in the days of her independence ever reached. Here then is one idea of the State : that in which the State, the Commonwealth, the body in which a man enjoys political rights and discharges political duties, the body round which all his patriotic feelings centre, is not a nation, not a country in our sense, but a single city. There is no doubt that such a system as this calls forth the powers of man to their very highest point; there has never been another political society in the world in which the average of the individual citizen stood so high as it did under the Athenian Democracy in the days of its greatness. The weak point of such a system is that it is too brilliant to last ; the high-strung enthusiasm to which it owes its being, and without which it cannot be kept up at the same level, is not likely to last for many generations (36). Again, such a system can last only as long as it forms the whole of its own civilized world. Where the strength of a country is cut up among a number of absolutely independent cities, indifferent or even hostile to one another, they must give way as soon as an united power of equal strength and equal intelligence is brought to bear upon them. Greece drew increased strength, and even increased union, from the attacks made upon her by the brute force of Persia: she could not bear up against the single power of Macedonia, schooled in her own arts and discipline. The lesson did its in THE CITY SYSTEM LESS PERFECT IN ITALY 61 work in the revival of Greek independence in the Federal period. But even then the degree of union that was reached was simply Federal, and even that degree of union was never extended over the whole land. Greece never became a nation: a people whose idea of political life does not go beyond the separate and independent city never can become a nation ; it never can endure when the forces of a nation are brought against it. But it none the less shows the powers of man in & higher form than they can reach under any other system ; and, although the system itself is one which cannot last in its full force and glory through more than a few generations of men, its history is none the less rich in abiding lessons for all time. From the idea of the State as the single independent city, the idea which gave all its brilliance to the peninsula east of the Hadriatic, we turn to another idea of the State, or rather to a modification of the same idea, which was worked out in the political history of the other great Mediterranean land. Italy, no less than Greece, was from the earliest times parted out into small commonwealths, or rather it was occupied by distinct settlements, clans, or tribes, which grew into distinct commonwealths. The idea of the independent city may be said to have been the leading political idea of ancient Italy, no less than of ancient Greece, but it was never carried out in the same completeness. We must set aside that part of Southern Italy which was in after times directly colonized from Greece, and the history of whose Greek cities is simply a part of the history of the Greek cities elsewhere. In that much larger part of Italy which was untouched by Greek colonization, though the walled city seems to have been everywhere the ideal political unit, yet true city-life, according to Greek notions, never reached the same complete predominance. From the be- ginning the towns were smaller, and they were more ready to join themselves together by a Federal tie. There never could have been more than a very few Italian cities, and 62 THE STATE LECT. those scattered at distances as great as that which separated Rome from Capua, which could have had any claim to rank alongside of the great cities which in Greece lay as near together as Thebes, Athens, Corinth, Sikyon, and Argos (37). Hence the history of ancient Italy is a history of confederations, far more than a history of single cities ; and the Italian confederations had from the beginning a closer union and a nearer approach to national unity than the later and more brilliant confederations of Greece. Latium, Samnium, and the rest, had more in common with ^Etolia and Akarnania than with the more strictly civic confeder- ation of the Achaian League. The real elements of old Italian life are the gens or clan and the tribe. The city is rather the fortress, the place of meeting, the place of shelter, of the tribe or collection of tribes, than the actual home and dwelling-place which it was in Greek ideas (38). At the same time it was in Italy that the idea of the city, the single independent city the ruling city was carried out on a scale in which it never was before or after. A group of Latin villages grew together to form a border fortress of Latium on the Etruscan march (39). That border fortress grew step by step to be the head of Latium, the head of Italy, the head of the Mediterranean world. The idea of the city the ruling city gathering around it the various classes of citizens, half-citizens, allies, and subjects (40), all looking to the local city as the common centre, whether of freedom to be exercised or dominion to be endured, all this finds its greatest and mightiest develope- ment in the Latin city of Rome. Rome alone among cities can rightly call herself eternal; but she won her eternity by casting off, more than any other city ever did, the trammels which narrowed the greatness and shortened the life of the other ruling cities of the world. The course by which Rome rose to her dominion was set forth by one of her own Caesars in her own Senate; it was by granting, step by step, equal rights with her own alike to faithful allies and to conquered enemies. Claudius argued, with HI EFFECTS OF EXTENSION OF ROMAN FRANCHISE 63 thorough insight into the history of the State over which he ruled, that the dominion of Athens and Sparta had been short, because they had failed to grant their citizenship to their allies and subjects; that the dominion of Rome had been lasting, because the allies and subjects of Rome had been freely allowed to become Romans. The plebeian, the Latin, the Italian, each in his turn, had been admitted to the rights and honours of the conquering city. From Italy, so Claudius argued, the same process should go on to Gaul and Spain ; and so it did go on till, when the franchise of the Roman city had become nothing worth, all the free inhabitants of the Roman world were admitted to it (41). But mark that it was to the franchise of the Roman city, to the local burghership of a single town, that Latium, Italy, and the world, were gradually admitted. They were admitted to a body of exactly the same nature as the hereditary burghers of an old Greek or a mediaeval Italian city, to a body essentially the same as the freemen of a modern English borough. We may, in a sense, say that a city grew into a nation, or into more than a nation, when its citizenship was thus extended to the whole of the then civilized world. Still it was the local franchise of a city ; it was a franchise which, as long as it remained any real franchise at all, could be exercised nowhere except in that city (42). The result was that, long before the world had become Roman, even before all Italy had become Roman, the municipal government of the Roman city had been tried and found wanting as the government of so large a part of the world. The constitution which, for its own proper use, had been one of the best that the world ever saw a constitution all the better because it grew up bit by bit as it was wanted broke down when it was put to an use for which it was utterly unfitted. The burghers of a single Italian city could not govern the whole world ; they could not even govern Italy. They could not even administer the affairs of their own city, when they themselves were numbered by hundreds of thousands. The despotism of the 64 THE STATE LECT. Caesars was the stern remedy for an incurable disease. As regards the city itself, if, as Maecenas thought, life even in torments is better than death (43), the disease was a smaller evil than the remedy. As regards the subject lands, they gained by getting one master instead of many. The moral of Grecian history is that a system of independent cities cannot bear up against an united kingdom or common- wealth. The moral of Roman history is that, if a single city aspires to universal dominion, it may indeed become the seat of a power which deserves to be called eternal, but it can become mistress of the world only by the sacrifice of its own freedom. The distinction between citizen and subject may be swept away; but it will be swept away, not by raising the subject to the level of the citizen, but by bringing down the citizen to the level of the subject. We thus see that, though Greece and Italy alike took the independent city as their leading political idea, the results which were worked out were widely different in the two cases. The earlier and fuller establishment of the Federal principle in Italy, the greater readiness in com- municating the franchise to allies and subjects, both worked to the same end. And I suspect that both of these were different results of the same cause, and that that cause was that the clan feeling, the tribe feeling, had by no means so wholly given way to the city feeling as it did in Greece. The truth is that, if we read history as chronology requires us to read it, beginning with Greece, thence going on to the Roman conquerors of Greece, and thence to the Teu- tonic conquerors of Rome, we are, for many purposes of this inquiry, reading history backwards. We find the primitive conception of the State in an earlier form among the Italians than we find it among the Greeks, at all events than we find it in those Greek states of which we have most knowledge. And we find it in a still earlier form amongst the Teutonic nations than we find it among the Italians. The notion of the State as a city is, as we have in GREEK, ITALIAN, AND TEUTONIC SYSTEMS 65 seen and as it must be in the nature of things, a later notion than the notion of the State as a tribe. We have seen that, even in some parts of Greece, the notion of the city the ruling idea of fully developed Greek political life grew but slowly, and never bore the same fruits which it bore in the great Greek city commonwealths. Among the Teu- tonic nations we may fairly say that the city commonwealth never became an essential element of political life at all. The conception of the absolutely sovereign city common- wealth is not a strictly Teutonic conception j it has never been the ruling political idea of any Teutonic people. The Greeks reached the city stage so early, they carried out its leading idea to such perfection, that they never reached the national stage. The Teutons passed from the tribal stage into the national stage without ever going through the city stage at all. The Italians followed an intermediate course ; they reached the city stage, but they never carried it to the same perfection to which it was carried in Greece. The older ideas of the clan and the tribe kept far more power ; down to the latest days of Rome's freedom they exercised an influence which they lost at a far earlier stage of Athenian political history. To trace out the difference in this respect between the history of the three chief races which we are comparing, we must go back to the very beginnings of political life. The Greek philosophers themselves saw that the original element of the State of the City was to be found in the family. But they perhaps did not attach its full importance to the stage which comes between the family in the narrower sense and the political commonwealth (44). The great practical element in all early political societies is the family, but it is the family, not in the narrower sense of the mere household, the father and his immediate children, but in the form which the family takes when it has swelled into the clan. The clan may take many forms : it may long keep up the wild independence, the predatory life, the attachment to the hereditary chief of the race, which distinguishes the Celtic 66 THE STATE LECT. clans and septs both in Britain and in Ireland (45). In a higher stage it may take the shape of the agricultural village community, such as we see it in forms common to the Aryan races both in East and West (46). The two things in short, the clan and the village community, are the same thing, influenced only by those circumstances, geographical or other- wise, which allow one clan or company to adopt a more settled life, while another is driven to linger in, or even to fall back upon, a ruder state of things. The yeVos of Athens, the gens of Rome, the mark or gemeinde of the Teutonic nations, the village community of the East, and, as I have said, the Irish clan, are all essentially the same thing. All are parts of the common heritage ; all mark a stage in pro- gress which is essentially the same, although the further developements of each have branched off into such widely different shapes. In each case, the community thus formed is the lowest political unit it is the association next above that of the mere household. It does not stand immediately below the tribe, as we find between them the intermediate association of the hundred or curia. Still, the tribe on the one side, the clan or gens on the other, stand out in such a much more marked way than the intermediate group that we may venture to say that, as the commonwealth, whether city or nation, is formed by an union of tribes, so the tribe is formed by an union of gentes. The names yeVos and gens at once proclaim that community of blood is the idea which lies at the root of the association so called. We have no English name which exactly expresses the same idea (47) ; but the local nomenclature of our own land makes it plain that this lowest political unit was at first, here as elsewhere, formed of men bound together by a tie of kindred, in its first estate natural, in a later stage either natural or artificial. A large proportion -of the parishes of England bear names which come directly from old Teutonic patronymics. Uffmgton, Gillingham, a crowd of others the same name not uncommonly repeating itself in distant parts of the country point beyond all doubt in THE ORIGINAL ELEMENT OF THE STATE 67 to the Uffingas, the Gillingas, and so forth, as their original Teutonic settlers (48). These names answer exactly to those borne by the gentes of Athens and Rome, to the Alkmaionidai and the Julii, and to those borne by the clans and septs of the Scot both in his own island and in Britain (49). In all these cases the name is strictly a patronymic ; the race is called after a supposed forefather. But in none of these cases are we bound to look for actual kindred among all the members of the body (50). Still it is none the less true that the idea of the family runs through all. The family is the starting-point : the common patriarch, divine or human, real or mythical, Alkmaion, Julus, Offa, Donald, is the tie which binds together all the members of his house, whether really sprung of his blood or not. The adopted son, the freedman, the client, the favoured stranger, might be received in their several degrees within the pale of the house, so that real purity of blood would become a mere name, a simple legal fiction (51) ; still it was into the house, the gens, the clan that is, into the family, to its name, its rights, its sacred ceremonies and traditions (52) that he was admitted. Both at Rome and at Athens the gentes were joined together into a higher union, that of the curia or the parpia that is, the brotherhood, the name which still so strangely preserves the common Aryan word which the Greek tongue has lost in its older and nearer meaning (53). The gathering of curice or QparpCai again forms the tribe ; the gathering of tribes forms the State. But alike at Rome and at Athens, tribes formed of curice and gentes lost their political significance, and gave way as political institutions to tribes of later origin founded on another principle. In the later stages of both commonwealths, the elements of which the commonwealth was made up were no longer the primitive genealogical tribes, but tribes which were essentially local. But the smaller groups of which the tribes were immediately made up, the gentes and the groups intermediate between the gentes and the tribes, still lived on, though, by one of those accidents which are to be found in all these histories of political growth, 68 THE STATE LECT. it happened that the element which kept most of its import- ance differed in the two cases. In the later stages of the Athenian commonwealth we hear far more of the (frparpia. than we do of the yfvos. At Rome the curice sank into a mere name at a comparatively early stage, while the gentes remained and flourished, and had the most abiding influence on the national character and the national history. At Rome then the influence of the family community was far stronger, far more lasting,, than it was at Athens. One cause of this difference may seem a small one. There can be little doubt that the fact that the gentes of Rome survived longer and played a greater part in history than the Greek and Teutonic unions which answer to them is largely owing to an accident of Roman nomenclature, though we cannot doubt that the apparent accident had itself some determining cause. Megakles the Alkmaionid, or Godric the Tiffing, remembered and boasted of the name of his real or mythical forefather, but he did not bear it about with him as part of himself, as his nomcn to which his own personal name was only a prccnomen, in the way in which the names of the patriarchs of their house were borne by Titus Quinctius or Caius Julius (54). But other causes were doubtless also at work. There can be little doubt that the genealogical associations at Rome drew much of strength and perman- ency from the fact that they were, more largely than at Athens, local associations also. No fact in what we may call mythical history seems better established than the tradition that the city of Rome grew out of the union of two or more village communities. So, as we have seen, did many Grecian cities, Sparta itself among them (55). But at Sparta the origin of the o>/3a the Spartan curice and tribes is not to be looked for in the old Lacedaemonian local divisions, but in the divisions which the Dorian conquerors brought with them and which they established in all the Dorian cities of Peloponnesos. These tribes, common to the Dorians every- where, together with the &>/3ai of which they were formed, lived on as divisions of the ruling Spartan people, alongside in EFFECTS OF ROMAN SYSTEM OF NOMENCLATURE 69 of the local divisions earlier than the conquest, just as, both at Athens and Rome, we find the local tribes either sup- planting or existing alongside of the tribes which were purely genealogical (56). At Athens, if the city was formed by the geographical union of earlier villages a process which must not be confounded with the political union of the towns of Attica it must have been at a time so early as to have left no trace of itself either in legend or in tradition. A prying eye may perhaps find out some slight and doubtful traces of inhabitants of the soil earlier than the historic Athenians, but they will hardly find traces of the fusing together of neighbouring and kindred villages (57). We find at Athens the four Ionic tribes, common probably to the lonians everywhere ; but we have no such local memories as those which connect the Ramnes with the village of Romulus and the Titienses with the village of Titus Tatius (58). Add to this the feeling of which I shall have to speak in another lecture, the strong conservative feeling which runs through the political revolutions of Rome in a far higher degree than through those of Athens. It thus came about that the old Ionic tribes at Athens were swept away as political bodies, and that the parpLai, and yentes lived on only as family brotherhoods and religious associations, no longer as component members of the com- monwealth. The ancient genealogical tribes gave way to the later tribes of the constitution of Kleistheues, tribes which were mere artificial divisions, and which had no real tie either of descent or of locality. The Ten Tribes were indeed made up of 8j/jzoi, and the 5j)^ot were doubtless, in the strictest sense, village communities ; but care was specially taken that the 8fy/uoi which made up a tribe should not lie geographically together (59). For such a change there were good reasons in the political experience of the time ; but the substitution of a new local division for one purely genealogical marks a great revolution in men's ideas, and shows how far real statesmanship could prevail over mere traditional memories (60). The Demos often bore the 70 THE STATE LECT. name of the Gens (61). Still in the later political arrange- ments of Athens the Gens had passed utterly away, and the Demos was not itself a political unit, but a mere local division of a new local tribe. At Rome, on the other hand, the commonwealth, both in its earlier and its later form, was made up of tribes which were essentially local. Such, we can hardly doubt, were the old Patrician tribes which represented the original com- munities of which the city itself in its first estate was made up. The settlement of Romulus and the settlement of Tatius, that is the tribes of the Ramnes and the Titienses, occupied two distinct hills among the famous seven (62). It is more certain that the new Roman people, the Plebs, was made up from the beginning of strictly local tribes ; it is certain that, as the State grew, it grew by the addition of fresh local tribes. When a new town or district was enfran- chised, its territory formed a new tribe ; and of the thirty-five tribes of the later commonwealth the local city of Rome contained four only (63). And the local tribe too, like the Attic bf]fj.os, was often closely connected with the clan (64). And though the br^os, as an element of the State, was essentially a local division, yet, as the 8r/juoi were in their origin gentes or village communities, it was quite possible that, at the time when the brj^oi. were mapped out, the Si) pas might nearly answer to some gens and its following. And in the like sort, though the 877/0101 and the new tribes were local in their origin, yet, when once established, they became genealogical. So it was with the local Roman tribes also. Their names show that they too were often connected with a gens, and the connexion is marked in a special way in one case which has been preserved to us either by history or by tradition. When Attus Clausus and his following moved to Rome, they formed the Claudian tribe as well as the Claudian gens. But the Claudian tribe had not, like an Attic Demos, sunk to be a mere local division ; it was a component part of the Roman commonwealth, with its independent vote in the m POSITION OF THE LOCAL ROMAN CITY 71 Assembly of the Roman tribes. Through all these causes, the ideas which were at the root of every commonwealth the ideas of the clan and the tribe lived on at Rome with far greater strength, and with a far closer connexion with the political life of the commonwealth, than they kept at Athens. But, because the ideas of the clan and the tribe remained more lively, the idea of the city was less perfect. The Roman commonwealth was a city commonwealth, because the city of Rome was the one heart and home of the State. But, in this like Athens, though unlike every other Greek city, the life of the commonwealth was not shut up within the walls of the city. Rome was a city common- wealth ; we cannot call it a mere city commonwealth, when the City itself had little more than a ninth part of the voting power of the State four votes only out of thirty-five. In all these ways the conception of the city was less perfect at Rome, less perfect in Italy generally, than it was in Greece. For that very reason the political system of Rome was more long-lived than that of Greece. Rome never, in strictness, became a nation ; but it came far nearer to becoming a nation than either Greece as a whole or any particular Greek commonwealth. We now come to the institutions of our own forefathers and kinsmen to the primitive conceptions of the State as held by the nations of the Teutonic race. Our own early history is the true key to the early history of Greece and Italy. Among the ancient Germans and Scandinavians, and not least among the Teutonic settlers in our own island, we see many things face to face which in Greece and Italy we see but darkly; we see many things for certain which in Greece and Italy we can only guess at ; we see many things still keeping their full life and meaning, of which in Greece and Italy we can at most spy out traces and survivals. It is among the men of our own blood that we can best trace out how, as in Greece and Italy, the family grew into the clan- how, as in Greece and Italy, the clan grew into the tribe 72 THE STATE LECT. and how at that stage the developement of the two kindred races parted company how among Teutons, on either side of the sea, the tribe has grown, not into the city but into the nation. But, before I try to work out this comparison and contrast in any detail, I would first speak of two facts which strongly illustrate the different political and social ideas of those two great branches of the Aryan family, the Greek and the Italian on one side, our own forefathers on the other. I choose two facts, two formulae, two fashions of speech, stand- ing out on the surface of those transitional ages when the Roman and the Teutonic system stood side by side. They will show how utterly unlike from one point of view, close as is their likeness from another, are the political ideas and manner of speech of those in whose minds the city is every- thing, and of those with whom the city is unknown or secondary, with whom the tribe grew at once into the nation. Both examples come from early ecclesiastical history. When Christianity gradually became the religion alike of the Roman Empire and of the conquerors who embraced its civilization, those who obstinately clave to the old idolatry were called, both in Latin and in Teutonic speech, by names which in themselves expressed, not error in religion, but inferiority of social state. The worshipper of Jupiter or of Woden was called in Latin mouths a pagan, in Teutonic mouths a heathen. The two names well set forth the two distinct standards of civilization which were held by those who spoke the two languages. The paganus was the man of the country, as opposed to the man of the city. The Gospel was first preached in the towns, and the towns became Christian while the open country around them still clave to the old Gods. Hence the name of the pagan, the rustic, the man who stood outside the higher social life of the city, came to mean the man who stood outside the pale of the purer faith of the Church (65). But in the England of the sixth century, in the eastern Germany of the eighth, no ,such distinction could be drawn. If all who dwelled without the walls of a city had remained without the pale of the Church, in ROMAN AND TEUTONIC SYSTEMS 73 the Church would have had few votaries indeed among the independent Teutons. In their ideas the opposition between the higher and the lower stage was not the opposition between the man of the city and the man of the country ; it was the opposition between the man of the occupied and cultivated land and the wild man of the wilderness. The cities, where there were any, and the villages and settled land generally, became Christian, while the rude men of the heath still served Woden and Thunder. The worshippers of Woden and Thunder were therefore called heathens (66). Pagan and Heathen alike mark the misbeliever as belonging to a lower social stage than the Christian. But the standard of social superiority which is assumed differs in the two cases. The one is the standard of a people with whom the city is the centre of the whole social life ; the other is the standard of a people among whom the city, if it was to be found at all, was simply the incidental dwelling-place of a part of the nation which was in no way privileged over those who dwelled beyond its bounds. The other instance from the same period is this. In the organization of the Christian Church the ecclesiastical divisions always followed the civil divisions of the time ; a fact which, as they commonly outlived those divisions, makes the boundaries of ecclesiastical provinces and dioceses of such primary importance in historical geography. But in Roman and in Celtic or Teutonic Europe for in this matter we may class Celt and Teuton, Scot and Englishman, together the ecclesiastical divisions represent civil divisions of quite dif- ferent kinds. In Italy, Gaul, or Spain, the Bishop was placed in the city ; the city was his hearth and home, the chief seat of his spiritual labours ; it was from the city that he drew his title, and the limits of his spiritual jurisdiction were marked by the limits of the civil jurisdiction of the city. In Britain and Ireland, on the other hand, either there were no cities at all, or, where there were any, they were not, as under the Roman system, the centres of all political and social life. Hence the Bishop was not the 74 THE STATE LECT. Bishop of the city, but the Bishop of the tribe or nation : the limits of his diocese were fixed by the limits of the principality ; his see, his bishop-stool, was not necessarily fixed in the most populous spot in his diocese, and the title of the Bishop, like the title of the King, was more commonly taken from the people than from any place in their territory (67). Titles like Meath, Ossory, Argyll, and Galloway are vestiges of the days when men spoke also of an Archbishop of the English and a Bishop of the South-Saxons (68). And all bear witness to a state of things when the tribe and not the city, the people and not the territory, was the source and limit alike of temporal and of ecclesiastical rule. That our own forefathers and kinsmen, in the picture which Tacitus gives us of their earliest state, lagged behind their kinsfolk in the two southern peninsulas, as we see them in the Homeric poems and in the earliest traditions of Rome, is a matter neither of shame nor of regret. Our political developement has been slower, but it has also been surer. By never reaching to the highest civilization of one age, we have been able to reach to a yet higher civilization in another age. By never passing through the exclusive city stage, we have been better able to reach the national stage. In a word, when we compare Teutonic history with the history of ancient Greece and Italy, we see that what we have lost in brilliancy we have gained in permanence. The commonwealths of Greece shone with a meteoric bright- ness too glorious to be lasting. Her isolated cities were not they could not be wrought together into a single nation. Rome founded, not indeed a lasting nation, but a lasting power, by bringing the whole of the then civilized world under the dominion of a single ruling city. But the nations of the Teutonic race, alike in Germany, in Britain, and Scandinavia, grew from tribes into nations without ever going through the Greek stage of a system of isolated cities. The first glimpse which Tacitus gives us of the men of our own race sets them before us as being still in a distinctly in TEUTONIC MARK ANSWERS TO GENS 75 lower stage of society than the Homeric Achaians. Their state answers rather to the state of those races on which it is plain that the Homeric Achaian looked down as being in a social state inferior to his own. They had risen far above the mere hunting and fishing stage, far above the pastoral stage ; they have not reached the stage of the city, but they have reached the stage of the village com- munity. The lowest unit in the political system is that which still exists under various names, as the mark, the gemeinde, the commune, or the parish (69). This, as we have seen, is one of the many forms of the gens or clan, that in which it is no longer a wandering or a merely predatory body, but when, on the other hand, it has not joined with others to form one component element of a city commonwealth. In this stage the gens takes the form of an agricultural body, holding its common lands the germ of the ager publics of Rome and of the folkland of England (70). This is the markgcnossenschaft, the village community of the West. This lowest political unit, this gathering of real or artificial kinsmen, is made up of families, each living under the rule, the mund, of its own father, that patria potestas which survived at Rome to form so marked and lasting a feature of Roman law (71). As the union of families forms the gens, and as the gens in its territorial aspect forms the markgenossenschaft, so the union of several such village communities and their marks or common lands forms the next higher political union, the hundred, a name to be found in one shape or another in most lands into which the Teutonic race has spread itself. As an intermediate union between the gens and the tribe, the hundred would seem to answer to the Roman curia, the Athenian (ftparpia, the Lacedaemonian w/3a. But then- is one Roman division, standing alongside, as it were, of tin- curia, whose name, as in so many other cases, exactly translates the Teutonic name of which we are speaking. It seems almost impossible but that the Teutonic hundred and the Latin century, in the earliest usage of each, must 76 THE STATE LECT. have answered to one another. Both names, in their actual historic use, are mere survivals. Neither the hundred nor the century, as we know them, answer to a real hundred of anything ; but every name must have had a real meaning when it was first given, and there was a time when the hundred or century must have been a real hundred or century of something, whether of houses, or families, or fighting men (72). Above the hundred comes the pagus, the gau, the Danish syssel, the English shire, that is, the tribe looked at as occupying a certain territory (73). And each of these divisions, greater and smaller, has its chief. In a primitive society, where patriarchal ideas still live on, age implies rule and rule implies age, and the Teutonic chiefs, great and small, bore a name of that large class of which we have already spoken, as showing how, in early times, length of days was looked on as the natural source of dominion. In England, at least, the chief, greater or smaller, bore the common title of ealdor ; in the mere family the father is at once the ealdor, without further election or appointment from above or from below. We have the hundredes-ealdw, the curio; but the name in its special meaning belongs to the common father, the common chief, of the whole tribe. He bears, in his peaceful character, the long-abiding title of Ealdorman, which in war time he exchanges for that of Heretoga, in later form the Herzog, the Dux, the leader of the army (74). He is the highest chief, the community over which he bears rule is the highest political unit, which we see in our earliest glimpses of Teutonic polity. For the whole history of our land and our race will be read backwards, if we fail always to bear in mind that the lower unit is not a division of the greater, but that the greater is an aggregate of the smaller. The hundred is made up of villages, marks, gemeinden, whatever we call the lowest unit ; the shire, the gau, the pagus, is made up of hundreds ; and in the same sort the pagus is not a division of the kingdom, but the kingdom is an aggregate ofpagi. in DEFINITION OF THE TRIBE 77 Of the kingdom and its growth I shall have to speak more fully in my next lecture. We are now speaking of the state of things in which the tribe, the gau, the union of marks and of hundreds, is the highest strictly political conception. In the days with which we have now to deal, the tribe was the State, the gau was the territory of the State. The tie of kindred between various tribes of the same stock might be strongly felt, they might be capable on occasion of common action, their common origin and its claims might be kept in memory by the recognition of a common name ; still the several tribes had not been fused into the higher political unit, the nation. Each tribe was a distinct commonwealth ; its union with other tribes was temporary, or at the most federal ; each had its own chief, its own JSaldorman or Heretoga, whose rule in ordinary times did not extend beyond his own tribe, though in times of danger a common Heretoga the germ of the future King might be chosen to lead the common forces of all the tribes which acknowledged any common tie (75). A more lasting union of several tribes of this kind formed the nation, the highest con- ception of the State or commonwealth in Teutonic political language, from whence it has become the ruling idea in the political ideas and language of modern Europe. The Gens, the Curia, the tribe, of Greece or Italy, each has its close Teutonic parallel ; but here the lines diverge, the parallelism ceases. In Greece and Italy the union of tribes formed only the city ; among all the branches of the Teutonic stock the union of tribes formed the nation. I shall show in my next lecture how, as the Ealdorman or Heretoga was the chief of the tribe, so the King was tht- chief of the nation. And the process of the joining together of tribes into nations may be best traced out by marking how the rule of independent Ealdormen gave way to that of a common national King. In some lands the old system lingered on longer than others. Among the Continental Saxons it lingered longer than it did anywhere else on 78 THE STATE LECT. so large a scale. The Old-Saxons, the long-abiding foes of the Prankish power, the men who clave so stoutly to their old freedom and their old Gods, never coalesced so closely as to have a common King. Yet we may say that they learned to become a nation by another process. They contrived a form of national unity which dispensed with a personal head. It was theirs to form an union which, rude as it may seem beside the more finished constitutions either of earlier or of later days, may fairly claim the name of the earliest Teutonic confederation (76). In other lands too, on the northern moorland or among the southern moun- tains, by the mouths of the Elbe and the Eider or by the sources of the Khine and the Reuss, smaller portions of the Teutonic race either kept or won back again the old freedom, the old political system, of the earliest times. In Frisian Ditmarsen the old system of the mark and the gau lived on from the days of Caesar and Tacitus to be overthrown by the Danish Kings of the House of Oldenburg (77). In the Three Lands of the Alemannian mountains, in the valleys of the young Rhine and the young Rhone, it was won back to live on to our own days (78). Else- where tribes grew into nations, Ealdormen grew into Kings, and, in some cases, nations and their kings have grown into dominions and rulers greater still. This old Teutonic constitution, the constitution once common to the whole race, but which lived on longest among those Continental branches of the race which were most closely akin to ourselves, was brought into the Isle of Britain by its Teutonic conquerors. Our forefathers, the Angles and Saxons, brought over with them the divisions, the institutions, the titles, of their old land into the land which became their new home. This is one of the dis- tinctive features of our island history, one which we share with a small part only of the Teutonic lands on the main- land. The change between the Germany of Tacitus and the Germany which, less than a hundred years later, began to send forth Franks and Saxons, Burgundians and Lombards, in TEUTONIC SYSTEM CARRIED TO BRITAIN 79 must have been a change indeed. The tribes had been gathered into nations (79). But the swarms which parted off from the central hive carried their own institutions with them into every land where the Roman influence was not too strong for them. Wherever they found or made a land empty of inhabitants, wherever they really became the people of the land and not merely a conquering class among their Roman subjects, all the old divisions and the old institutions sprang up again on the new soil (80). In our own island above all, settled as it was bit by bit by small parties of Teutonic invaders, before whom, in all those parts of the island where they really did settle, everything British and everything Roman was utterly swept away, the process had to begin again from the beginning. In all that was strictly England things started utterly afresh: marks grew into hundreds, hundreds into shires, shires into kingdoms, separate kingdoms into one united kingdom, on the soil of England itself. In Britain therefore we can actually look upon the process, while in Germany we can see only the results. The ancient system was doubtless modified by the circumstances of men who found themselves in a land where they had to win and hold every inch of ground with the sword's point. The mark and the gau show themselves again, but they do not show themselves by the same names. The village community with its common land, the joint possession of a clan reverencing a supposed common ancestor of the Basingas or the Wellingas, is as clearly to be marked in England as in Germany. But, as in later times the marl- has been almost stifled between the ecclesiastical parish and the feudal manor (81), so we may suspect that from the beginning it showed some points of difference from the same institution on the Continent. We may suspect that the tie of kindred, everywhere to some extent artificial, was more largely artificial in England than it was on the mainland. And we may be sure that small settlements planted in a hostile land would from the beginning show a special ten- dency to unite into larger wholes. Marks and hundreds 80 THE STATE LECT. planted in Kent or Sussex by the followers of Hengest and ^Elle could never have been wholly independent ; they must from the beginning have acknowledged the supremacy of the common Heretoga under whom their settlers had made their way into the land. In England therefore the system must from the beginning have been touched with some shadow of the coming kingship. Still the same elements were there, and in England, as in Germany, the larger bodies were formed by the union of the smaller. By a strange chance, the group answering to the German gau, the English shire, bears a name which expresses the exactly opposite idea to that of union. But there is reason to believe that both the name and its meaning are due to events in English history some centuries later than the first settlement. The later English pagi, to use the name by which they appear in Latin writers, were strictly shires, divisions shorn off from a large whole. But they were formed in imitation of those earlier English pagi which were formed by the process of union. The oldest pagi of England do not, in ancient usage at least, admit the name of shire. They bear strictly tribal names, whether, like the East- Saxons, the pagus itself has become the kingdom, or whether, as with the Sumorsaetas and Dorsaetas, several pagi joined to form one larger kingdom of the West-Saxons (82). The aggregate of tribes was thus able to form, what the aggregate of cities never could form, a nation in the highest sense. I might go on almost for ever on the fascinating, but still somewhat obscure, subject of the old Teutonic polity, whether in Germany, Britain, or Scandinavia. But my main business now is only to insist on the one great difference between Teutonic and Hellenic politics ; the presence of the city as the leading political idea in the one system and its absence in the other. We see how closely the primitive elements correspond ; so closely that we cannot doubt for a moment as to their being portions of a common Aryan inheritance. But we see also how they were modified by the one great dis- in GEOWTH OF ENGLISH NATION 81 tinction between village and city life. The Greek common- wealth grew, flourished, and decayed as a city, amazing the world perhaps alike by the splendour of the days of its great- ness and by the long wretchedness of the days of its decay. Meanwhile among the despised Barbarians, scorned by kins- folk who had forgotten their kindred, slowly and obscurely, shires were melting together into kingdoms and tribes into nations. Thus were formed those nations of Teutonic blood which settled within the Continental provinces of the Empire, and foremost among them the nation to whom, in course of time, the Empire itself was to come as part of their inherit- ance the mighty people of the Franks (83). So too in our own island we can see the steps by which the English nation in Britain, and that greater English whole of which the English in Britain are now but a part, grew out of those endless Teutonic settlements on the British coast, of which the keels of Hengest and Horsa brought the earliest. We can see, though somewhat dimly, a crowd of petty States under their separate chiefs, whether bearing the title of King or Ealdor- man, gathered together into the great kingdoms of North- umberland, Hercia, and East-Anglia. We can see more clearly the confederated West-Saxon principalities fused to- gether into the one West-Saxon kingdom, and we can see the West-Saxon kingdom grow into the Kingdom of England and into all that the Kingdom of England has added to it in later times (84). All the events of our history, election, com- mendation, conquest, all help in the work of fusion ; till, instead of a system of isolated cities, instead of a single city bearing rule over subject cities and provinces we have a political work more lasting than the other, more just and free than the other, the nation which knows no distinctions among its members, and which gives equal rights to the dwellers in every corner of its territory. In this way we see that the Teutonic history is in some sort the key to the history of the two southern peninsulas. We see the institutions of the Teutonic people, domestic, G 82 THE STATE LECT. social and strictly political, at an earlier stage than we see those of the Greeks and Italians. While therefore we see the general likeness, the evident common origin of all, we see also something of the different steps by which these two great divisions of the Aryan family shaped their several in- stitutions out of the common stock. Among the Germans of Tacitus we see a state of things in which the elements com- mon to all have been less changed than in any other picture that we have of any European people. In the Homeric Achaians we see a stage somewhat more advanced in itself, and still further modified, even then, by the tendency of the Greeks to centre all their political life within the walls of a city. Out of the state of Homeric Greece the state of his- torical Greece grows by pure and natural developement. Out of the old Teutonic state of things the institutions of modern Europe have also grown, but not by the same unmixed course of developement. Everywhere the original Teutonic stock has been more or less modified by an infusion of Roman elements. I speak of Western Europe in general, of the Romance-speak- ing no less than of the Teutonic-speaking lands, for I am not now speaking of language but of political institutions. In the languages of Southern Europe, Latin is, of course, the main stock ; the Teutonic element which all of them have in a greater or less degree is a mere infusion, just as, in the languages of Northern Europe, the Teutonic is the main stock, and the greater or less Romance element is a mere infusion (85). But with regard to political institutions, we may, even in Southern Europe, look upon all that came from a Roman source as an infusion into a Teutonic body. One spot alone in Western Europe if it has any right to be reckoned as part of Western Europe the island common- wealth of Venice, never acknowledged a Teutonic master, and kept on its unbroken connexion with the elder state of things (86). Everywhere else Teutonic kingdoms were founded ; and though their institutions were largely modified by the laws and institutions of their Latin-speaking subjects, yet, even in Gaul, Spain, and Italy, we must look on the rule in TEUTONIC INFLUENCE IN ROMANCE LANDS 83 of Gothic, Frankish, Burgundian, Lombard, and Norman Kings as a rule essentially Teutonic, though largely modified by the Roman traditions of the several countries. And, on the other hand, there is no Teutonic country, not the Scan- dinavian kingdoms themselves, which has, even in its political institutions, kept wholly clear of the influence of Rome. Throughout Western Europe we may set down the strictly political institutions as Teutonic, but as everywhere modified, in some countries very slightly, in others very largely, by the traditions of Roman times, and by the influence of that undying Roman Law which has been the foundation of the later jurisprudence of every European nation but our own. And, besides this general influence of the elder state of things on the political institutions of the Teutonic kingdoms of modern Europe, there has been one case at least in which the direct continuity of Roman institutions, strengthened-by that other source of likeness which brings like events out of like causes, went far to bring about a revival of an elder state of things. These causes made mediaeval Italy, with its system of city commonwealths, a living revival of the political story of ancient Greece. On the points of likeness and unlikeness between the two I will not here enlarge, as it is a subject which I have done my best to deal with in detail in another shape (87). I will only say here that, though the Teutonic political system did not, like that of Greece, assume the city as the necessary starting-point of political life, yet it showed itself quite able to take in the city, even the virtually inde- pendent city, as one important element among others in its political system. In all lands but our own the Roman cities lived through the storm of Teutonic invasion ; and presently, both in our own land and in the lands where the Roman had never dwelled, cities of purely Teutonic birth began to arise (88). In our own land, the strong feeling of national unity, the strong central authority of the Crown, the work which was begun by the great West-Saxon Kings, and which was carried to its full perfection by the Norman Conqueror, hindered English municipalities from ever growing into 84 THE STATE LECT. sovereign commonwealths. Yet it is a thought worth bearing in mind, how near the Five Boroughs of Danish England once were to forming an independent confederation of city com- monwealths, how near Exeter once was to being, like Thebes or Sparta, a city ruling over neighbouring and weaker cities (89). Here, as in every other part of Western Europe, a new element, unknown to the ancient Teutonic institutions, gra- dually arose the element of cities which everywhere enjoyed a certain measure of self-government and local independence, a measure which, wherever the central government was weak, came in practice very near to absolute freedom. In Italy it reached its highest point, and Florence was for some ages as truly an independent democracy as Athens. In the Teutonic lands themselves the developement of the independent cities seems less brilliant ; but it perhaps seems less brilliant only because the Italian cities have a special charm of their own. They have that combined charm of classical, of mediaeval, and of modern associations, which appeals to a wider range of sympathies than aught that attaches to the cities on the Rhine or the Danube, to the Teutonic Rome girded by the Aar or to the Teutonic Carthage girded by the Trave (90). Yet the German cities have their history too, their history artistic, social, mercantile, religious, as well as strictly political. And, in their strictly political aspect, the history of the League of the Northern Hansa and of the Old League of Upper Germany (91) is as rich in political teaching as the history of the Italian cities themselves. We may learn more from the Bern of Berchthold and the Erlachs, where no King or Tyrant ever dwelled, than we can learn from the Bern of Theodoric and Can' Grande (92). The internal histories of the Teutonic cities, their internal disputes and revolutions, the origin of their exclusively patrician governments, the more rare aspirings of their democracies, teach us better to understand the history of Rome and Athens themselves. But between the cities of the elder Greek and Italian world and the cities of mediaeval Europe one great point of differ- ence must always be borne in mind. In ancient Greece the in NO TRUE ROMAN ELEMENT IN ENGLAND 85 cities were everything; their territory took in the whole land, they acknowledged no superiority, even of the most formal kind, in any earthly power. But in Germany the free cities and their dominions were always mere oases in a land of princely rule ; and even in Italy the city commonwealths never wholly covered the whole surface of the land, and never wholly threw off the formal superiority of the King of Italy and Emperor of the Romans. In all these inquiries the question is ever suggesting itself, how far we are to see in the analogies between ancient and medieval city commonwealths merely the working of the law that like causes should produce like effects, and how far we are to see any tradition, any imitation, of Roman institutions in the municipalities of the purely Teutonic parts of Europe. This is a question far too wide for discussion here. In England, in this as in other matters, there was no room, no opportunity, for direct Roman influences. Many of our English towns are simply Teutonic village communities which grew and prospered so as to outstrip their neighbours. But where an English town arose even after an interval of desolation on the site, often even within the walls, of a fallen Roman city, there was at least the memory of the past to influence the history of the restored erection. Yet it is certain that nothing in the institutions of any English city can really be traced to a Reman source ; there is nothing Roman in the municipal institutions of Bath or Chester, or even Exeter, any more than there is on such purely English sites as Read- ing or Northampton (93). In Italy and Southern Gaul, on the other hand, whether there be any direct transmission or not, there is, as we have already seen, not a little of that natural and inevitable imitation which closely borders on direct transmission. In Germany, on the other hand, in such cases as the common use of the name Patrician for the ruling families, we see imitation of another kind. It is not such a dead imitation as the consulship of Buonaparte, because there is a real analogy between the patricians of Rome and the patricians of Bern or Nlirnberg ; but it is not the same 86 THE STATE LECT. kind of natural imitation as the consulship at Milan or Alby. We may be satisfied with saying that in the mediaeval city commonwealths there is a Roman element clearly shown even we in England have what we may call the element of suggestion but that its nature and degree varies widely in different lands and times. But it is the likeness from analogy between the ancient and the mediaeval cities which gives the comparison of the two its real historic interest and value. What amount of likeness between them may be due to direct transmission is little more than a matter of antiquarian research in each particular place. We have thus traced the origin and history of the two great ideas of the State, the conception of the State as a city and the conception of the State as a nation. We have seen how the common elements developed up to a certain point side by side among the southern and northern branches of the European Aryans, and how, after reaching a certain point in common, the developement of the Greek and Italian nations and that of the Teutonic nations branched off in different directions. We have traced the course of the family, the gens, the hundred, and the tribe, till they grow into the Greek or Italian city and into the Teutonic nation. The causes of the divergence hardly belong to our present subject. Those causes are many and various, and not least among them are those geographical causes which made the Mediter- ranean lands take the lead in European civilization, and which made Greece take the lead among Mediterranean lands. In those lands a political growth, quicker, more brilliant, but less lasting, led them to the developement of the city ; our growth, slower, obscurer, but steadier and more lasting, led us to the developement of the nation. And in this develope- ment we, the great Teutonic colony in this once Celtic island, have assuredly played no mean part among our brethren and kinsfolk of the common stock. It is, as I have already said, in our land that the old Teutonic institutions have really had the freest play, that they have grown and developed with the in SUMMARY 87 most unbroken continuity down to our own day. Nowhere else have both liberty and national unity received so few checks. The Scandinavian nations have drawn even less than ourselves directly from Roman sources ; their national life has been more unbroken than our own, but their political life has been far less so. Germany has split asunder, and is being welded together again before our eyes. So has Italy. In both cases perhaps the nation has split asunder because the real power of the local kingdom was crushed between the weight of the Imperial dignity which was joined to it (94). We have had no such breaks : the causes of the difference belong to quite other branches of historical research ; but the fact is in its place here. The stages by which the Teutonic tribe, by admitting tribe after tribe to equal fellowship, grew into the modern European nation a process at once the parallel and the contrast to that by which a single Italian city came to embrace whole kingdoms and nations within the pale of its municipal franchise can nowhere be so well studied as in the history of our own land. 88 THE KING LECT. IV THE KING FROM the State itself we come to its head, to its chief, above all to the chief in his most clearly defined and fully developed form, when he holds the rank of a King. Now, what is a King ? The question is far more easily asked than answered. We commonly know a King when we see him ; but it is quite another matter to say offhand in what his kingship consists. Some Kings are hereditary; others are elective. Some Kings reign with absolute power ; the power of others is narrowly limited by Law. Some Kings acknowledge no superior on earth ; others admit a greater or less superiority in a feudal or federal chief. In some kingdoms the kingly office, like most other offices, is confined to the male sex; in others it is open to both sexes alike. Some Kings go through an ecclesiastical ceremony of consecration ; some dispense with any such rite. Yet, amidst all this unlikeness, it is plain that there is a common idea of kingship, which is at once recognized, however hard it may be to define it. This is shown, among other things, by the fact that no difficulty is ever felt as to translating the word King and the words which answer to it in other languages. Between any Romance and any Teutonic language, Hex and its derivatives, Cyning and its cognates, are felt to answer to one another. No man ever doubts as to using Rex or Roi to translate King or Konig, in any of the possible changes which may be rung on the two sets of words. If we go on into Greek, iv DIFFERENT CONCEPTIONS OF KINGSHIP 89 we find that, in those stages of the language with which most of us are chiefly familiar, in its classical and in its modern stage, /3av (30). The rest of Athenian history consists in a series of changes by which the powers of the Archons were gradually transferred to other bodies in the State, to the popular assembly, to the popular courts of justice, to the magistracy of the Ten Generals (31). The Archonship, the vestige of ancient kingship, might be cut down to a shadow ; but it was too holy a thing to be altogether swept away. It lived on through all changes, till at last, when it was a shadow indeed, it was again for a moment united with more than kingly power. There came a time when Hadrian, Imperator and Augustus of Rome and of the world, did not deem it beneath him to be also, for a single year, the Archon by whose name that year was marked in the annals of the democracy of Athens (32). 100 THE KING LECT. The Roman kingship fared otherwise. The revolution which swept away the thing itself swept it away far more thoroughly. There were no such gradual stages to break the fall of the elective kingship of Rome as broke the fall of the hereditary kingship of Athens. It is a mere conjecture that a special right to a share in the chief magistracy was for a moment reserved to the house of the fallen King (33). At all events, Rome had nothing answering to the archonship for life or for ten years. Into the place of the King chosen for life there at once stepped the two Consuls, or rather Praetors, chosen for a single year. But the point is that the Consuls did step into the place of the King, and that they kept it. Where kingship had nothing specially divine about it, where kingly government was put an end to, not because of the virtues, but because of the crimes of the King, there was no need to deal very tenderly with the kingly house or with the kingly office. But, on the other hand, there was not at Rome any such wish as there was at Athens to do away with the kingly power. At Athens the archonship went on, but its duties were gradually cut down to a routine of religions and lesser judicial functions. The Archons neither commanded the armies of the State nor presided in its Assemblies. The Polemarch, with his warlike title, became as mere a survival as the /3a 156 THE ASSEMBLY LECT. whole power of the nation is therefore vested in it. It is only gradually and by slow steps that there arises that dis- tinction between legislative, executive, and judicial powers on which such stress is laid in the refined political theories of modern times. And in no country perhaps is the dis- tinction fully carried out. It certainly is not so in our own. The primitive Assemblies described by Tacitus were courts of justice as well as deliberative bodies. So were all Assemblies of the kind, great and small. In the Frankish Assemblies we have seen that it was only step by step, as the great mass of the freemen began to grow slack in their attendance and to deem their duties a burthen, that a separate class of judges arose in order to ensure that there should always be some one ready to do justice between man and man (60). That great offenders were called upon to answer for their crimes before the general Assembly of the whole realm, was a matter of course. So in our own land, our ancient Witenagemots not only made laws, not only chose and deposed Kings, Ealdormen, and Bishops, but sat in judgement on state offenders and pronounced sentences of outlawry or confiscation. And that branch of our Legislature which is the personal descendant of the ancient Gemot still keeps its judicial authority in matters both criminal and civil (61). The newer, the more popular, branch shares the judicial authority only in an indirect way. It exercises it by its share in Acts which are judicial in substance though legislative in form, bills of attainder and of pains and penalties. It exercises it too by its share in that anomalous jurisdiction by which each House under- takes the defence of its own privileges. In the smaller local Assemblies, after they had ceased to be sovereign, the business must always have been mainly judicial. We must remember that, carefully as we now distinguish the functions of legislator, judge, juror and witness, it was only by slow degrees that they were distinguished. All grew out of the various attributes of an Assembly which, as being itself the people, exercised every branch of that power which v JUDICIAL POWERS OF ASSEMBLIES 157 the people has, at sundry times and in divers manners, entrusted to the various bodies which, directly or indirectly, draw their authority from that one sovereign source. In all times and in all places power can have no lawful origin but the grant of the people. The difference between a well and an ill-ordered commonwealth lies in this. Have the people wisdom and self-control enough to see that, in reverencing and obeying all the powers of the State in their lawful exercise, they are in truth doing homage to themselves and giving the fullest proof of their fitness to discharge the highest right of men and citizens? 158 MISCELLANEOUS ANALOGIES LECT. VI MISCELLANEOUS ANALOGIES I HAVE now gone through the main analogies which strike us in the chief political institutions of those three great branches of the Aryan family to which our inquiries have been mainly given. I have dealt with the general conception of the State, with the powers of the King or other chief, and with those of the Assembly of the People. On all these points I hope that I have made it, to say the least, probable that the institutions of the several branches of the family all contain traces of a common origin, relics of a common primaeval stock, which have grown up into various forms under the influence of diversities of time, place, and circum- stance. In this last lecture I purpose to seek for some other analogies in points which come under the general head of politics in the wide sense, but which do not exactly come under the head of political constitutions. I have now chiefly to deal with the various orders and classes of men, a subject which is closely connected with the varieties to be found in forms of government, but which still is in idea something separate from them. The idea of the smaller Council in primitive times, the idea of the second or Upper Chamber in the refined constitutions of later days, are both of them ideas which easily blend with the idea of hereditary distinctions of birth. But the two things are in their own nature separate. It is quite possible, both in the earlier and in the later state of things, that certain families may be acknowledged as noble vi CONSTITUTION OF COUNCILS 159 and may be entitled to whatever honours and privileges the custom of the country may attach to nobility of birth, without those honours and privileges taking the form of any special share in the government. Men may be honoured on account of their birth ; their birth may even give them legal privileges; while at the same time the Council or Upper Chamber may be formed of men picked out, not for their birth but for their age, their personal merit, or any other standard which may be chosen, not shutting out the blind working of the lot. But, though the two ideas are in this way perfectly distinct, they have a great tendency in practice to run into one another. Wherever a noble class, whatever may be its origin, is acknowledged at all, it always has a tendency to win for itself, if not a legal, at least a practical, preference for posts of authority. In fact, this voluntary preference for certain families in the disposal of elective offices is one of several ways in which nobility has grown up. It is the most usual way in which what we may call a secondary nobility grows up, after an earlier and immemorial nobility has lost its privileges. A nobility of birth, of whose origin no account can be given, but which must be accepted as one of the primary facts of political history, makes way for a nobility of office, which again in its turn grows into a nobility of birth. Of this process history supplies many cases, and the rule applies equally when the offices which are the source of nobility are bestowed by the gift of the King and when they are bestowed by the choice of the people. Of the latter process the most illustrious example is the way in which at Rome, after the legal privileges of the patricians had ceased, there arose a new nobility composed of patricians and plebeians alike. We see the same thing in our own land in the way in which the immemorial nobility of the Eorls gave way to the later official nobility of the Thegns, and that in which the nobility of the Thegns gave way to another form of official nobility in the modern peerage. Both these cases agree in being cases of a later nobility supplanting an earlier one. But exactly the same process 160 MISCELLANEOUS ANALOGIES user. may be gone through when a nobility is formed for the first time. And it was in this way that the constitutions of not a few city commonwealths, that of Venice itself at their head, changed step by step from democracies into oligarchies (l). The different ways in which a noble class has arisen in various nations and cities within historical times may thus help us to make some probable guesses as to the origin of nobility in those cases where nobility is strictly immemorial. But we cannot get beyond probable guesses. In a great number of cases nobility is strictly immemorial. We see a distinction within the class of freemen, a distinction which marks out certain families as holding a higher rank than the rest of their fellows, in the very earliest glimpses which we get of the political constitution of the commonwealth. It is so in all the three great cases with which we are mainly concerned. We cannot tell what was the origin of the peculiar privileges which belonged to an Athenian Eupatrid, to a Roman Patrician, or to an English Eorl. We may conjecture, we may theorize, we may even infer with a high degree of probability, but we cannot dogmatically assert (2). All that we can say is that, in the first glimpses which we get of Grecian, Italian, and Teutonic history, we see the distinction between the noble and the common freeman at least as clearly marked as the distinction between the common freeman and the classes which were beneath him. I speak thus vaguely, because, for our present purpose, we may put together all who stand below the rank of the common freeman, from the mere personal slave upwards. I need hardly say that, in all discussions of this kind, slavery is to be taken for granted. Slavery has been the common law of all times and places till, within a few centuries past, it has, among most of the nations of the Western Aryan stock, either died out or been formally abolished (3). And we must further remember what the earliest form of slavery, before slavery has been aggravated by the slave trade, really is. The prisoner of war who, according to the military code vi CLASSES BETWEEN THE SLAVE AND FREEMAN 161 of a rude age, might lawfully be put to death the criminal who has forfeited his life to the laws of the State of which he is a member is allowed, whether out of mercy or out of covetousness, to exchange death for life in bondage. Then the family feeling, so strong in setting up one stock, steps in no less strongly for the pulling down of another, and the man who has forfeited his own freedom is held to have forfeited the freedom of his children also. Thus arises the class of personal slaves, mere chattels either of the common- wealth or of an individual master. And it is no less easy to understand how, under the different circumstances of different tribes and cities, other classes may arise whose condition is better than that of the mere slave, but still is not equal to that of the least distinguished among the class that is fully free. Of course I am here speaking of personal, not of political, freedom. In the sense in which I now use the words " fully free," a Venetian cittadino, a Lacedaemonian xepioiKos, was as fully free as if he had a voice in the govern- ment of the commonwealth. He was subject to laws which he had no voice in making; he had to obey magistrates whom he had no voice in choosing ; but he had no personal master either in the commonwealth or in any of its members. I am now speaking of the various degrees of personal depend- ence, freedmen, lUi, villains, and so forth, who hold a place between that of the mere slave and that of the lowest full freeman (4). Such classes may be formed in various ways, by raising the slave, by pressing down the smaller freemen, by admitting strangers or conquered enemies to a state intermediate between mere bondage and full freedom. Such classes have been formed in these various ways within historical times, and we may reasonably conjecture that the same processes went on before written history began. But we cannot do more than conjecture. The threefold distinc- tion between the noble, the common freeman, and the classes below the common freeman is one of the primary facts with which we start alike in Greece, in Italy, and among our own forefathers (5). The fact is a matter of history; its causes 162 MISCELLANEOUS ANALOGIES LECT. we can at the most explain only by reasoning from analogies and survivals. A class of nobles is clearly implied in the description of the Teutonic nations given by Tacitus, even though we explain the word principes of elective chiefs (6), who however would pretty certainly be, as a rule, chosen from among the members of the noble order. And the threefold division of the noble, the common freeman, and the unfree, appears, sometimes drawn out in a formal manner, in many of the earliest records jof our race. We find it in its most marked form in the Scandinavian legend which makes the mythical forefathers of the three classes, Jarl, Karl, and Thrall, the offspring of three distinct acts of creation on the part of the Gods (7). Among ourselves we find from the very beginning, Eorl and Ceorl, gentle and simple, as an exhaustive division of the free population. It is plain that the distinction was thoroughly well marked and was universally understood. And yet it is utterly impossible to say in what the privileges of the Eorlas consisted. There is nothing to make us think that they were oppressive ; they may well have been purely honorary. But all analogy and probability would lead us to think that the Eorlas would have a practical preference, a preference which might even be practically exclusive, in the choice of leaders both in peace and war, just as the noblest among the noble, the kingly house, had an exclusive prefer- ence for the post of the highest leader of all. The same marked distinction of a noble class meets us equally in our pictures of the earliest Greek society, and we find the same distinction living on into the historic ages. In the Greek commonwealth of which we know most, that of Athens, our earliest historical picture sets before us the rule of the nobles, the Eupatrids, as an exclusive and oppressive oligarchy. The harshness of its rule was first modified by the reforms of Solon, and all traces of ancient distinctions were swept away by the later reform of Aristeide's. We have no historical account of the origin of the distinction which parted off the Eupatrid gentes at Athens from the excluded plebeian mass. vi BREAKING DOWN OF ARISTOCEACY AT ATHENS 163 But the whole circumstances of the story may lead us to think that in this case the patriciate was a body of old citizens, as opposed to the new citizens who had gradually settled around them. In the history of a city, when either history or legend traces it up to its first beginnings, there is commonly a stage in which new comers are freely welcomed to all the rights of citizenship, which is followed by a stage in which those rights are found to be far too precious to be thus given away at random. The first stage is well set forth in the Roman story by the legend of the Asylum of Romulus. The second stage is most probably marked by the exclusive dominion of the Athenian Eupatrids and the Roman Patricians. The original citizens have kept all privileges to themselves, and have thus become an aristocratic order in the midst of the unprivileged body of plebeians which has gradually gathered round them. To break down, step by step, all traces of this original inequality was the work of the founders of the democracy. But here again we may mark the characteristic difference between Athens and Europe. At Athens all distinctions of the kind were utterly swept away ; every trace of inequality was wiped out ; every political office without exception was thrown open to every citizen. The Eupatrid gentes remained as religious and social unions, cherishing the sacred traditions which each traced up to its legendary patriarch. Some special priestly offices still remained hereditary in particular families. But every office which carried with it any shred of political power was open to every citizen without distinction of birth and fortune. Yet it is no less true that, long after the establishment of the pure and perfect democracy, the Assembly, which disposed of every office according to its sovereign will, did, as a rule, choose men of the ancient houses to direct the counsels and command the armies of the commonwealth. No more speaking proof can be found of that inherent influence of birth and wealth, which survives the wiping out of all legal distinctions, an influence which legislation cannot give and which legislation by itself cannot 164 MISCELLANEOUS ANALOGIES LECT. take away. The people, of its own will, placed at its head men of the same class as those who in the earlier state of things had ruled it against its will. Perikles, Nikias, Alki- biades, were men widely differing in character, widely differing in their relations to the popular government. But all alike were men of ancient birth, who, as men of ancient birth, found their way, almost as a matter of course, to those high places of the State to which Kleon found his way only by a strange freak of fortune. At Rome we find quite another story. There, no less than at Athens, the moral influence of nobility survived its legal privileges ; but, more than this, the legal privileges of the elder nobility were never wholly swept away, and the inherent feeling of respect for illustrious birth called into being a younger nobility by its side. At Athens one stage of reform placed a distinction of wealth instead of a distinction of birth : another stage swept away the distinction of wealth also. But the reform, at each of its stages, was general : it affected all offices alike, save those sacred offices which still remained the special heritage of certain sacred families. At Rome the change was done bit by bit. No one law threw open all offices to plebeians. One by one, this and that office was thrown open ; but some offices were never made the subject of any such special enactment ; those offices therefore seemed the exclusive possession of the patricians. Among the priestly offices, the Pontificate, an office held for life and which was indirectly of high political importance, was thrown open to plebeians, and was bestowed, like the yearly magistracies, by the election of the people. So the augurship, as all the world knows, was held by the plebeian Cicero. But the Flamens, officers whose religious sanctity was great but whose political importance was small, remained to the last exclusively patrician. And among temporal magistracies, Curule ^Ediles, Praetors, Consuls, Censors, and Dictators, might all freely be plebeians; but that occasional office in which, at moments few and far between, the ancient kingship again rose visibly to light vi NEW NOBILITY OF OFFICE AT ROME 165 was never opened to the Commons. Not only was the Interrex to the last an exclusively patrician officer, but in his election none but the patrician Senators had a share. An Interregnum was, in the fully developed commonwealth, so rare an event that it perhaps never suggested itself to the mind of any reformer to bring forward a special enactment decreeing that a plebeian might be Interrex (8). And, in default of such special enactment, the office would necessarily remain confined to patricians, just as much as the consulship had been before the Licinian Laws. This way of doing things bit by bit, and the occasional anomalies to which it gives birth, is eminently characteristic of the Roman constitution, just as it is of our own. But it stands in marked opposition to the symmetrical democracy of Athens. At Rome again we may mark, what we have no sign of at Athens, but what has a perfect parallel among ourselves, the growth of a new nobility of office after the exclusive privi- leges of the old patriciate had come to an end. The Roman Plebs, so largely composed of the inhabitants of allied and conquered cities who had been admitted in a mass to the plebeian franchise, naturally contained many families which were, in wealth and in nobility of descent, the equals of the proudest patricians. Such a class as this could hardly have existed, at least not in anything like the same degree, in a Commons like that of Athens. After the union of the Attic towns, the civic territory of Athens never grew, and her Commons must have been mainly formed of settlers in the city itself. We therefore find nothing at Athens answering to the plebeian houses of Lutatius, Pompeius, and Octavius, of Porcius of Tusculum and Tullius of Arpinum. When the great magistracies were opened to the plebeians, it was mainly by plebeians of this class that they were filled, and out of them, combined with the old patricians, a new nobility arose. Every descendant of a curule magistrate, whether patrician or plebeian, was nobilis ; he had the jus imaginum, the right of exhibiting the images of his forefathers who had held high office, the number of which formed the measure of his 166 MISCELLANEOUS ANALOGIES LECT. nobility. Thus grew up a new noble class, clothed with no legal privilege, but which gradually became as well marked in practice as ever the old patricians had been, and which looked on the great offices of the commonwealth as no less its own exclusive right. In the later days of the common- wealth the consulship of a new man, a man whose forefathers had never held curule rank, though forbidden by no law, and though the new man might be Caius Marius himself, seemed as strange as the consulship of a Lutatius or a Licinius had once been (9). The nobility of birth had given way to the nobility of office, and the nobility of office had grown into a new nobility of birth. The parallel to this change in our own early history is to be found in the way in which the old immemorial nobility of the Eorlas, the origin and the nature of whose privileges are both shrouded in the mist of the earliest antiquity, gave way to the new nobility of office, the nobility of the Thegnas. The Eorlas, a nobility patrician in the strictest sense, gave way in England to a class who owed their rank to the favour of the King, just as at Rome the patricians gave way to a class who owed their rank to the favour of the people. But the origin of the Thegns itself supplies one of our best analogies, if not with Roman, at least with Achaian antiquity. This analogy is one of which I have so often spoken else- where that I may perhaps be forgiven if I now pass it over in a few words. The Comitatus stands out in Tacitus as one of the primitive institutions of our race, and the Gesiftas, in later phrase the Thegnas, of Teutonic antiquity, the per- sonal following of the King, Ealdorman, or other chief, form the exact parallels of the trcupot and OepaTTovres of the Homeric Achaians (10). The parallel here is as close as a parallel can be ; only it does not seem that in early Greece the institution of the Comitatus ever rose to the same political importance which it reached in England. There is no sign that those companions of the chiefs who stand out with such prominence in Homer became the source of any of the later forms of nobility which we find in the Greek vi THE COMITATUS 167 cities. There is nothing to make us think that the Eupatrid Houses of Athens traced their descent in any special way from the cratpot and Ofpa-ovrts of Theseus or Menestheus. The comitatus is, in truth, an institution which is not well suited for the atmosphere of a city life. It takes personal chieftainship for granted ; it needs the personal chief to gather around. But the spirit of a civic aristocracy tends to equality among its own members ; it surrounds the whole ruling body with a dependent class, but it does not love to surround particular men with personal dependents. The same causes which made kingship come so soon to an end in the Greek commonwealths hindered the comitatus, the natural offshoot of kingship, from filling any great place in later Greek history. Among the Teutonic nations the case was widely different. As kingship grew and flourished, the comitatus grew and flourished with it, till in some lands the King was for a season overshadowed by his own following. The comitatus, in one shape or another, became the root of every form of nobility in Western Europe, remembering that, among the nobilities of Western Europe, one order as proud as any of them, the civic patriciate of the island Rome on the Venetian lagunes, is not to be reckoned. In our own land the King's Thegns became really the ruling order, till the older nobility of the Eorlas was forgotten, and their name became confined to the rank next to the King, to the great officers who in earlier days had borne the more ancient title of Ealdormen ( 1 1 ). It shows how completely the notion of personal service became the standard of the new nobility that the word Thegn itself, in its first meaning simply servant, came to have its later force of noble or gentle (12). What went on in our own land went on also among our kinsfolk beyond the sea. The companions, the antrustions, of the Prankish Kings, changed step by step into the later nobility of feudal vassals. Under the strong hand of the early Karlings, the royal power kept its own, but presently, as kingdoms split off from kingdoms, as offices changed into fiefs, as the commonwealth changed into a society of Lords 168 MISCELLANEOUS ANALOGIES LECT. and Vassals of various ranks, the sovereign became simply the highest lord among them; the new nobility not only supplanted the old, but it crushed alike the body of the commonwealth and its head ; it trampled King and people alike under foot (13). And it is worth noticing that, just at the point of transition, when the old nobility was sinking and when the new nobility was as yet hardly rising, there was a time when birth seems to have been less thought of than it ever was before or after, and when men of lowly origin seem to have risen with unusual ease (14). But when the time came for the growth of the new nobility, it grew faster, and it more utterly ate out all earlier and healthier elements than it did in England. In England, under our native Kings, the tendency was to closer union, while in Gaul the tendency was to separation. And, if there had been any tendencies the other way, the strong hand of the Conqueror, even in the act of giving feudal ideas and feudal relations a wider scope, took care that they should never endanger either the power of the King or the security of the Kingdom. If we turn to Rome, we shall find there but small traces of the Comitatus in its Achaian or its Teutonic shape. It may be that the devotion of the Romans to the commonwealth, and to the commonwealth only, hindered the growth of any institution founded on a tie purely personal, at all events between men of equal or nearly equal rank, like Achilleus and Patroklos, like Brihtnoth and the Thegns who fell around him at Maldon. Yet we may perhaps see something like it in the special bodyguard of noble youths which legend places around the early Kings and Dictators, around Romulus in the spot which was to be Rome's comitia, and around Aulus Postumius on the day of slaughter by Regillus (15). The client relation too springy from the same personal tie as the comitatus ; only there is the wide difference that in this case the client stands at an unpassable distance of rank beneath his patron. In the Hellenic and the Teutonic system advance in age and exploits might raise the man to the level of his vi LATER DEVELOPEMENTS OF THE COMITATUS .169 lord ; but nothing could raise the client to the level of his patron. No patrician ever stooped to the client relation ; we may doubt whether, in the early days of the commonwealth, any full citizen did. Yet the lowly clientage of the Roman patrician and the noble following of the Hellenic or Teutonic leader may really come from the same source, and may both alike be parts of the common primaeval heritage. If this be so, it shows how easily institutions which are in their origin the same may, under different circumstances, develope in different directions. There is something romantic, chivalrous, sentimental none of these are good words to express the idea, but I know of none better in both the early Hellenic and the early Teutonic state of society. Of this there is no trace in the more purely political society of Rome. It is the same kind of difference as that which I have already noticed between the Roman King and his Hellenic or Teutonic brother. The difference is no doubt partly owing to the fact that our first glimpses both of Hellenic and of Teutonic life belong to an earlier stage than our first glimpses of Roman life. But this is not all. The institution took utterly different courses among the three nations, according to the several circumstances of each. In Teutonic Europe it grew and nourished ; it became the groundwork of nobility ; it became one main element in producing the whole fabric of what, for want of a better word, we may call feudal society. It grew and flourished, because the personal chieftainship which it implies grew and flourished. It reached its highest point of external splendour, though its real spirit had already passed away, at the coronation of a mediaeval Emperor, when Kings and Electors did their personal service to the anointed Lord of the World. In Greece, on the other hand, it died out as kingship died out. Achilleus and Menelaos had their Tkcgnas and Gesi'&as; none such surrounded Miltiades or Epamei- nondas ; but we see them again in the Companions who fought around the Macedonian Alexander (16). Under the stern, practical, political, mind of Rome, the institution took another and a worse form. The general idea which forms the ground- 170- MISCELLANEOUS ANALOGIES LECT. work of the whole thing survived. There was still the relation of faithful service on one side, of faithful protection on the other ; but they appear in a shape from which all that made the Comitatus the groundwork of modern society has wholly passed away. The client is a true Thegn ; the patron is a true Hlaford : but his thegnship is of so literal and lowly a kind as to be fit only for the freedman, the stranger, or at most the citizen of the very lowest rank (17). Out of this institution of the Comitatus grew the nobility of modern Europe, and specially that Old-English nobility of Thegns which supplanted the older nobility of the Eorls. In England, as at Rome, a nobility of office supplanted the nobility of birth : only in the commonwealth of Rome it was the nobility of office bestowed by the people, while in the English kingdom it was the nobility of office bestowed by the King. The King could not in strictness make an Eorl, because he could not change a man's forefathers, but he could make a Thegn, as he now can make a Duke. Now what was it that hin- dered the nobility thus formed from becoming a real nobility ? What saved us from a noblesse or Adel in the foreign sense ? For I repeat that in England we have, in strictness, no nobility ; we have no class which keeps on from generation to generation in the possession of exclusive privileges, either political or social. Our peerage is not a nobility in the sense in which nobility is understood in foreign lands. It is not only a rank to which any man may rise, but it is a rank from which the descendants of the hereditary holders must as a matter of course come down. Political privilege belongs only to one member of a family at a time ; honorary pre- cedence does not go beyond one or two generations. This is not nobility in the sense which that word bears in those lands where all the descendants of a noble are noble for ever. Why then did not the Thegnhood of England grow into a nobility such as that which in other lands grew out of the same elements ? One answer doubtless is that the Norman Con- quest thrust down the native Thegnhood, the growing nobility of England, to a secondary place in the social and political scale. vi NATURE OF THE ENGLISH PEERAGE 171 In so doing it wrought for us one of the greatest of blessings. It gave us a middle class spread over the whole country. While in most continental lands it was only in the chartered towns there was any class intermediate between the noble and the peasant, often none between the noble and the villain, in England the ancient lords of the soil, thus thrust down into the second rank, formed that great body of freeholders, the stout gentry and yeomanry of England, who were for so many ages the strength of the land. But why did not a nobility of the foreign type grow up among the Norman Conquerors themselves ? That great law of William which made every man in the land the man of the King had much to do with it ; but paradoxical as it may sound, I con- ceive that the very power and dignity of the peerage has had a good deal to do with it also. Elsewhere nobility was pri- marily a matter of rank and privilege, with which political power might or might not be connected. But in an English peerage the primary idea is political power ; rank and privi- lege are a mere adjunct. The peer does not hold a mere rank which he can share with his descendants ; he holds an office, which passes to his next heir when he dies, but which he cannot share with any man while he lives. The peer then, not a mere noble, but a legislator, a counsellor, and a judge, holds a distinct place in the State which his children can no more share with him than any one else. Hence in England we have but two classes, Peers and Commoners, those who hold the office and authority of a peer and those who do not. The children of a peer come under this last head as much as other men ; they are therefore Commoners. The very existence of the peerage of itself hinders the exist- ence of a nobility in the true sense of the word. If then the Norman Conquest had never happened, it is most likely that the native Thegnhood of England would have grown up into a nobility of the foreign type. If the wisdom of the Norman Conqueror had not preserved our ancient institutions, if it had not thus been possible that the House of Lords of our later constitution could grow out of 172 MISCELLANEOUS ANALOGIES LECT. the Witenagemot of our earlier constitution, it is most likely that a nobility of the foreign type would have grown up among the Norman conquerors themselves. As it is, we have had no nobility, but we have had a peerage ; I might almost say that we have had an aristocracy. I say almost and not altogether, because England is a kingdom and not a republic. I once heard it said that in a republic there could be no aristocracy except " an aristocracy of wealth." I treasured up the saying as one of the shallowest that I ever heard. I put it alongside of another saying, the saying of one who argued that ancient Bern must have been a demo- cracy because it was a republic. I should rather say that it is only in a republic that a real aristocracy can exist. Corinth and Rome, Venice and Genoa, Bern and Niirnberg, bear out what I am saying. The nobles who cringed at the court of the Great King at Paris, or at the lesser courts of his imitators in the petty despotisms of Germany and Italy, had no right to the name of an aristocracy. Aristocracy is the rule of the best ; they were not the best, and they did not rule. But in aristocratic commonwealths, in the proud city which floats on the waves of the Hadriatic, in the hardly less proud city which looks forth from her peninsula on the snows of her once vassal mountains, in Byzantine Venice and Teutonic Bern, there was for ages something which it needed no great straining of language to call the rule of the best. Morally best indeed I do not say, but best so far as this, that, narrow as was the government of those commonwealths, fenced in as the power of the State was within a circle of exclusive houses, those houses at least knew how to rule, and how to hand on the craft of the ruler from generation to generation. Their rule was in itself unjust, because it was exclusive, narrow, and selfish. It was often oppressive ; but it was never oppressive with the frantic and purposeless oppression of many a personal despot. It was in some respects more galling than the yoke of a despot, but it was so simply because the yoke of one master is in itself less galling than the yoke of many. But, as vi NATURE OF ARISTOCRATIC COMMONWEALTHS 173 regarded the members of the ruling order, no other form of government supplied such a school of rulers. The patrician was born to rule ; but he was born to rule, not according to his own caprice, but according to the laws of the ruling order of which he was only one member among many ( 1 8). Such a system tended to dwarf the powers of men of the very highest order ; but it tended at once to raise and to regulate the powers of all but the very highest class. It checked the growth of heroes and of exceptionally great men, but it fostered the growth of a succession of men who were great enough for their own position, but not too great. In an aristocratic commonwealth there is no room for Perikles ; there is no room for the people that hearkened to Perikles ; but in men of the second order, skilful conservative adminis- trators, men able to work the system which they find established, no form of government is so fertile. But such a commonwealth, where the power of strengthening the ruling order by new blood either does not exist or is but sparingly exercised, commonly degenerates in the end, though the causes of the degeneracy are not exactly the same as those which bring about the degeneracy of democratic common- wealths. The day of glory of the aristocratic commonwealth may be longer than the day of glory of a democracy, but its decay will be even more hopeless. As its ruling families die out, as those which survive lose their strength two processes which must sooner or later affect every exclusive body the dregs of an oligarchy become even baser than the dregs of a democracy. There was at least some difference in dignity and courage between the fall of Venice and the fall of Unterwalden. I maintain then that aristocracy, in its true sense, is something essentially republican, something to which a monarchic state can present only a faint approach. So far as a monarchic state is aristocratic, as our own country has been at some times, it can only be in proportion to the degree that, through the lessening of the powers both of the Crown and of the people, it approaches to the nature of a 174 MISCELLANEOUS ANALOGIES LECT. commonwealth in the hands of certain ruling families. A government like the old French monarchy, where a noble class has hateful social and civil privileges, but where those privileges carry with them no political power, is not aristo- cratic in any political sense. Where an external power, that of the King, can ennoble, and where that external power is politically supreme, there is no aristocracy in the sense which the word bore in the mouth of a Greek thinker. Poland, and Sweden at some stages of its history, came nearer to aristocratic government than any other states which acknow- ledged a King. But a Chian or a Venetian aristocrat would hardly have owned their constitutions as kindred with his own. The true aristocracy, the aristocracy of a common- wealth, may, as we have seen, arise in several ways. A body of older citizens, like the original patriciate of Rome, may keep for a time or for ever all the powers of the common- wealth in their own hands to the exclusion of the Commons who grow up around them. In a city of late foundation, like Bern, where there is a noble element in the population from the beginning, a patriciate may grow up which may gradually draw all power into its own hands. Or, without any reference to earlier nobility, a patriciate may, as at Venice, arise among the citizens themselves, simply by the process of confining office, whether by law or only in practice, to the descendants of certain families which have gained exclusive possession of it. But, when a patriciate has arisen by any of these means, it seems essential to its being that no new members can be admitted to the body except by its own act. Few aristocracies have been so exclusive as never to admit any new houses or individuals to a share in their own privileges. The Claudian house at Rome, the house of Morlot at Bern, were strangers who were received not only to citizenship but to nobility. And at Venice and Nurnberg new families were, down to the last days of the common- wealth, received from time to time within the pale of the ruling order (19). But in all these cases the aristocracy enlarged itself by its own act and deed, by the exercise of its vi RIGHT OF THE AVENGER OF BLOOD 175 sovereign power. When the noble class can be enlarged by the external will of a personal sovereign, it shows that the noble class is not, exclusively and by itself, the ruling body in the State. In a State which has a King at its head, there may be a peerage ; there may be a nobility ; there cannot, if words are used in their true meanings, be an aristocracy. This last lecture must be a desultory one. I have now only to point out some of the analogies which are to be found among the particular institutions of the nations with which we are concerned. Let us take for instance the institution of the wergild, the price of blood. This is one of those institutions which we have every reason to believe are common to the whole Aryan family, and which may indeed be traced back beyond the bounds of the Aryan family. That criminal jurisprudence which in highly civilized societies takes so elaborate a shape grows out of that desire of private vengeance which it is one of its main objects in its fully developed growth to check, and even to punish. A man is slain; the passion of vengeance is awakened; the right the duty, as it seems in their eyes of avenging the slain man naturally falls to those who have lost most by his death, to his immediate kinsfolk, the men of his own family or household. As the social and political circle widens, the right and the duty are handed over from the mere household to the gens, the tribe, and the nation. And at each stage, as the right and duty of vengeance is thus handed over to men who, at each stage, are less and less stirred by the mere passion, vengeance loses more and more of its character as vengeance, and puts on more and more of the character which punishment bears in fully civilized societies, a pre- ventive and corrective interference of the public authority on behalf of the public good. So with other wrongs ; in a state of nature each man who is wronged must right himself by the strong hand ; each man has the right of war and peace in his own person. Again, as the social 176 MISCELLANEOUS ANALOGIES LECT. and political circle widens, the wrong of each man becomes something which does not concern himself only, but con- cerns also the gens, the tribe, and the nation. Thus, by slow degrees, the right of each man to defend himself against a wrong-doer grows into the right of the State to defend itself against the wrong doings of its own members by legal punishment and against the wrong doings of other states by regular war. But it is only in highly civilized communities that the right of private vengeance is wholly taken away, and that the right of defence that is the right of private warfare is kept within the narrowest bounds of undoubted necessity. Our law, the law of every country, allows that there are extreme cases in which private homicide in the form of self-defence is not a crime. That is to say, it is the duty of the citizen to give up to the Commonwealth the duty of his protection whenever the Commonwealth can protect him : but, in any case where the Commonwealth cannot protect him, the natural right revives, and it is allowed that he may protect himself. But it is only in the highest state of civilization that the natural rights of private vengeance and private war can be cut down within this very narrow limit. For a long time the Commonwealth steps in, not so much to forbid as to regulate and soften the natural right which it admits. The Mosaic Law fully admits the right of the avenger of blood : all that it does is to set apart certain cities of refuge whither the slayer may flee and be safe. If he is overtaken before he can reach the asylum, the law does nothing to stay the arm of the avenger (20). Our own early laws, the early laws of most nations, do not wholly forbid a man to help himself with the strong hand ; they only limit the right to certain extreme cases, to certain specially inexpi- able wrongs, to certain cases where legal means have been tried and have failed. By the law alike of Athens, of Rome, and of England, a man might without crime slay the defiler of the purity of his own household (21): by the law alike of Athens and of Rome every citizen might slay the Tyrant vi THE WAGER OF BATTLE 177 who had trampled the Commonwealth under foot and had made law powerless to defend or to avenge (22). In cases of wrongs between man and man the State steps in as an arbitrator before it steps in as a judge. It tries to persuade the injured man to abate somewhat of his wrath against the wrong-doer ; it strives to make him accept something less than the full satisfaction of his vengeance ; it gradually fixes the amount of compensation with which the injured man shall be satisfied. But it is only when civilization has reached a high pitch indeed that the vengeance of the injured man is made wholly to give way to the remedial interference of the State, that every crime is looked on as a crime against the Commonweath, whose punishment is the business of the Commonwealth and of the Commonwealth alone. The appeal of murder and of other crimes, with its accompaniment the wager of battle, was an instance of the regulated right of private war which, though it had long fallen into disuse, was actually removed from our Statute- Book only within the present century. Here the right of vengeance was recognized, though it was recognized in such a form as gave it somewhat of the nature of a legal trial. The appeal was brought by the injured person in his own name; he sought for redress for the private wrong, and, as the one who had suffered for the wrong, he had the right of pardoning the offender. And this mode of procedure went on alongside of that with which alone we are now familiar, that in which the crime is dealt with as a wrong done to the King as head of the Commonwealth, in which the prosecution is made in the name of the King, and in which the King alone has the right of pardon (23). Of that limiting of the right of private war which took the form of judicial combat, and which was afterwards corrupted back again into the baser form of the private duel, we find few or no traces in early Greek or Roman antiquity. This is probably another result of the quicker developement of things in the city commonwealths of Greece and Italy, as 178 MISCELLANEOUS ANALOGIES LECT. compared with the tribal system of our own forefathers. But the old Roman Law allowed the principle of talio, the Mosaic doctrine of an eye for an eye and a tooth for a tooth, and it recognized the right of the injured person either to exact the penalty or to admit of some form of compromise (24). This brings us at once to the doctrine of the wergild, a doctrine common to the Greece of Homer and to the Germany of Tacitus, and which, we cannot doubt, is a portion of the primitive Aryan inheritance. The wergild is an appeal from the passion of vengeance to a less fierce, if more sordid, passion, to the love of gain. The man who has forfeited his life to the vengeance of the injured kinsman may perhaps stay his vengeance by offering gifts in its stead; he may buy back his own life at a price. In the Homeric times, the man whose son or father had been slain might perhaps was bound to receive the gifts of atone- ment offered by the slayer, and the slayer, when he had paid those gifts, could dwell in peace among his people (25). It seems here to be implied that custom at least demanded that the proffered atonement should be accepted. This was an advance on the kindred war-law of the same age, according to which the conqueror might accept the bondage of the conquered instead of his blood, but might also slay him without reproach (26). The next step plainly is for the Commonwealth to step in, for the law to enforce the duty of accepting the atone- ment, and perhaps, as another step, to regulate the amount of the atonement, instead of leaving the injured man to wring what he could out of the wrong-doer. In our earliest glimpse of Teutonic law we seem to see a further advance ; the crime is recognized as a wrong done to the commonwealth as well as to the individual, and the King or other head of the State receives his share of the atonement as well as the kindred of the slain man (27). In our own ancient laws the subject is gone into with the utmost minuteness. The ancient talio has given way to an elaborate scale of prices, according to which every form of bodily injury, small or vi THE WERGILD IN OLD-ENGLISH LAW 179 great, may be atoned for by the payment of the appointed sum in money (28). And the penalty to be paid by the manslayer is regulated with a minute regard to the rank of the person slain and to his supposed consequent value. The life of every man, like the oath of every man, was of some value ; but the life and the oath of the man of higher rank was of more value than the life and the oath of the man of lower rank (29). The price of one Thegn was equal to that of several churls, and so on in an ascending scale, till we reach the mighty penalty which alone could atone for the death of the King. Mark too that differences of race come in as well as differences of rank ; in the lands where the Englishman and the Briton dwelled side by side, the blood of the Englishman was rated at a higher price than the blood of the Briton of his own rank (30). Mark too that care was taken that the penalty should be paid to those who, in the eye of the law, had undergone the wrong ; the price of the slave was paid to his master ; the price of the freeman was paid to his kinsfolk; but the price of kingly blood was not only heavier than the price of other men, but it had to be paid twice over, to the kinsfolk who had lost one of their house and to the commonwealth which had lost its leader. And in this last case the payment of the wergild might rise to the rank of an affair between commonwealth and commonwealth. War between sovereign states is simply the natural right of self-defence, which still goes on in a state of things where the contending parties have no common superior to decide with authority between them. But the vengeance of the Commonwealth, like the vengeance of the individual, may be bought off; and we have at least two cases in early English history, where an invader, seeking vengeance for the blood of a royal kinsman, stayed his hand on the payment of the appointed wergild which custom had fixed for the shedding of royal blood (31). No feature of our ancient jurisprudence plays a more important part than this in our earlier laws ; none has so utterly vanished without leaving any trace of itself in 180 MISCELLANEOUS ANALOGIES LECT. modern legislation. As the Commonwealth, and the King as its head, have taken the place of the actual sufferer or his kinsman, as in criminal as distinguished from civil jurisprudence the idea of compensation has given way to the idea of punishment whether remedial or vindictive, the notion of vengeance to be bought off by a payment has utterly died away. Yet it may be well to remember that, as late as the fifteenth century, a private dispute between two English noblemen was decided by open warfare on a battle-field in Gloucestershire, and the wrong done to the wife of one of them by the slaughter of her husband was in the end made up by a payment which in earlier times would have passed for his wergitd (32). In this case we have, beyond doubt, an institution which is at once Hellenic and Teutonic, and which is at once Hellenic and Teutonic, not by borrowing or imitation, not by like causes producing like effects, but because Hellen and Teuton alike inherited it as part of a common stock, a stock, it would seem, not even peculiar to the Aryan family. We may end our survey by looking back to some points which have more connexion with the subject of the early part of this lecture. We may end. with a glance at some of the striking analogies which are to be seen in the political relations of states in ages far distant from one another, and which, there can be no doubt, are to be ex- plained, not by common inheritance from a common stock, but by the operation of like causes leading to like effects. We have seen that there is every reason to believe that the distinctions within the Commonwealth, the noble, the freeman, and the slave perhaps also some of those inter- mediate stages which part off the mere slave from the common freeman are really part of the common Aryan heritage. At least we cannot go back, by the help either of history or of legend, to any stage either of Greek, of Teutonic, or of Italian history in which those distinctions are not to be found. But the relations which rise up .vi HEREDITARY BURGHERSHIP 181 between the Commonwealth and those, whether individuals or commonwealths, which lie outside its pale, though they present a series of most striking and most instructive analo- gies, are necessarily the results of the circumstances under which each commonwealth finds itself, and can have no claim to be looked on as parts of the common heritage. We have already seen that, as cities began to arise in the Teutonic lands, and as, through the decline of the royal power, those cities began to approach to the character of independent commonwealths, many of the phenomena of the old city system of Greece were called again into being. Many of those analogies were to be seen in full force within the memory of men now living ; some of them have lingered on to our own time. There is commonly a stage in the history of a city Commonwealth, that stage which in the Roman legend is represented by the Asylum of Romulus, in which the new-born city is liberal of its franchise to strangers who are ready to throw in their lot to the new community, and so to add to its strength. Then comes a stage in which citizenship begins to be too highly valued to be given to all who ask for it, when the original citizens shrink up into an oligarchic body, with a large mass around them, who share only an imperfect citizenship, or no citizen- ship at all. Gradually, as at Rome, or suddenly, as at Athens, the unenfranchised or half enfranchised classes win for themselves equality of rights with the old citizens, and the work of Kleisthenes or Licinius is done. Or perhaps no such revolution takes place; perhaps a change takes place the other way, and the mass of the citizens gradually lose the rights which they had once enjoyed. That is to say, the Commonwealth developes either in an oligarchic or in a democratic direction. But, in either case, a time comes when its developement seems to stop, when the idea of any general extension of citizenship is an idea which is no longer heard of, when the civic franchise, aristocratic or democratic, becomes an hereditary privilege which is at most doled out now and then as a special favour, the reward of special merit. 182 MISCELLANEOUS ANALOGIES LECT. Or perhaps, in a meaner state of things, it becomes a matter of purchase and sale, and thereby of profit to the privileged class. Thus there arises an excluded class, strangers in the place where perhaps they were born, where their forefathers may even have lived for several generations. Such a class we have seen in the /zeYoiKoi of the ancient Greek cities ; they might be seen, perhaps they may still be seen by way of a feeble survival, in those whom many an English borough distinguished from the hereditary freemen by the name of foreigners (33). The two things are essentially the same, differing only in the value of the franchise from which the stranger is shut out. And that again depends on the differ- ence between a community which forms a sovereign common- wealth and one which, whatever its internal constitution may be, is, as regards all national matters, merely part of a greater whole. The fxeYoi/cos at Athens was shut out from the privileges of a sovereign commonwealth, while he had to bear burthens in which the hereditary burgher had no share. He had no voice, he had no means of obtaining a voice, in the affairs of the political society in which he lived. But the foreigner in an English borough, whether the local privileges from which he was shut out were precious or worthless, lay under a disqualification which was purely local. He lay under no disqualification as a member of the Commonwealth at large ; if he had no share in the election of the representatives of his own town, he could at any moment, by buying a forty-shilling freehold, become an elector of any county in England which he chose. And, through later enactments, other franchises, the parliamentary franchise among them, franchises dependent on residence and careless about descent, have grown up by the side of the old franchise of the hereditary freemen. And these new franchises have become so much more valuable as to make the old burghership seem contemptible. The freemen of an English borough are in most places looked upon as an inferior class; yet it is they who answer to the Athenian Eupatrids and the Roman Patricians ; the other inhabitants vi NIEDERGELASSENEN ANSWER TO HCTOIKOI 183 are but /UC'TOIKOI or plebeians by their side. The principle is the same in both cases; mere residence gives no claim to admission to the civic community, whether that civic community be a sovereign commonwealth or the pettiest municipality. In both cases the franchise, whatever it may be worth and whatever it carries with it, can be had only by the appointed means, means easier doubtless in most of the English cases than they were in the analogous case in Greece. Still in neither case does the civic franchise belong to every man who chooses to go and dwell within the civic boundary. It may not always be purely a matter of birth ; but it is always something which cannot be taken up at the mere will of the stranger. It always requires that particular qualification which is fixed by the custom of the civic community, be that qualification birth, marriage, servitude, special purchase, or special grant. All distinctions of this kind have, through later English legislation, lost all practical importance, and they have become mere materials for inquiries such as that on which we are now engaged. But in another part of Europe, in the land which among all modern states preserves to us at once the most precious relics of the old Teutonic world and the most striking analogies with the old Hellenic and Italian world, a close parallel to this feature, as to so many other features of Greek political life, is still to be seen in its fulness. It is naturally among those cities and districts which have grown into the Confederation of Switzerland that we find the most instructive illustrations which modern political life can give us of the working of city in many cases we should rather say of village communities. The Afiedei'gelassenen in Switzerland, those Swiss citizens who are settled in Gemeinden or Communes parishes or Mark- genossenschaftenof which they have not the hereditary burghership, answer exactly to the Greek p^roucot. And, in the late debates on the reform of the Federal Constitution, many proposals were brought forward to remedy a state of things by which a number not far short of half of the Swiss 184 MISCELLANEOUS ANALOGIES LECT. people are, in many important respects, strangers in the places where they themselves dwell, and where it may happen that their forefathers have dwelt for many gener- ations (34). But this state of things is the exact parallel to those which we have just been speaking of in Greece and in England. It is of the essence of a Gemeinde or commune, of a borough or a village community, one perhaps owning a considerable estate in folkland or ager publicus, that the stranger should be admitted to membership of the community only on such terms as the community itself may think good. In a sovereign community the power thus to bind and loose can be relaxed only by its own will and pleasure ; in a community which forms part of a greater sovereign whole, it may of course be modified or taken away by an act of the supreme Legislature. In the old days of the Swiss Con- federation, the days of the Staateribund, when there was no common Federal Legislature or Executive, when no part of the internal sovereignty of the Cantons had been given over to any central power, the citizen of one Canton who settled in another Canton^ must have been as strictly a fxcroiKos as a Corinthian who settled at Athens. He had no voice either in the cantonal or the communal affairs of the place in which he lived, any more than if he had settled in a spot beyond the bounds of the Confederation. The existing Federal Constitution gives every Swiss citizen equal Federal and Cantonal rights, in whatever part of the Confederation he may settle. But communal matters are left to the legislation of the Canton or of the commune itself; all that the Federal Constitution provides is that the {JL&OLKOS shall not be, as he was at Athens, subject to any special pcro&to?, any special tax laid on the /^TGI/COS and in which the citizen bears no share. The laws of different Cantons, the customs of different communes, may of course differ on these points ; some communes are more chary of granting or selling their franchise than others; but everywhere the Niedergelassene is still, in communal matters, a /xeroi/cos ; the mere fact of residence and contribution to the local taxes no more gives vi NATURE OF THE PERIOIKIC RELATION 185 him the fall communal franchise than it makes him a freeman of an English borough. The two higher franchises, those of the Confederation and the Canton, he enjoys as fully as any native ; to the lower franchise of the commune he can be admitted only by special grant or by the effect of some special enactment. In the like sort, as long as the old Confederation lasted, some other features of old Greek and Italian political life were still to be seen in all their fulness. If there still are IJ.CTOIKOI in Switzerland, down to 1798 there were irepioiKoi. Of course we may see a relation equivalent to the perioikic relation whenever any state, be it Venice or England, holds dependencies whose inhabitants have no voice in the general government, especially if they have no- means of obtaining that voice, even by taking up their abode in the ruling country (35). But distance makes a great difference both in the appearance and in the reality of things. We may question the right by which Venice bore rule over Cyprus, or that by which England bears rule over India. But, granting that such rule exists, it is not to be expected that the inhabitants of Cyprus or of India should have a voice in the affairs of Venice or of England. The full nature of the perioikic relation does not come out except in a state of things where the name can be applied geographically as well as politically, in those cases where the subjects really dwell round about or near the home of their rulers. The dominions of Venice on the mainland of Italy present an approach to the old perioikic relation. Still the island city always remained isolated from the Continent ; Venice never became part of continental Venetia in the same sense in which Florence was part of Tuscany or Bern part of the Lesser Burgundy. It is in mediaeval Italy, in Switzerland down to 1798, and, to some extent, also among the free cities of Germany, that we see the perioikic relation, just as it stood between Sparta and the other Laconian towns. As Sparta ruled over Amyklai and Epidauros Limera, so Florence ruled over Pisa and Bern ruled over Lausanne. Nay more, a very 186 MISCELLANEOUS ANALOGIES LECT. few years back, down to the last changes in Germany, the cities of Liibeck and Hamburg held the small district of Vierlande in Condominium (36). They held it in partner- ship as a joint possession, the government of which might be exercised conjointly or alternately as the ruling powers may think fit. In the like sort, in the old state of things in Switzerland, various districts were held, not only by this or that Canton singly, but by two or more Cantons, or by all the Cantons of the Confederation, in the same joint owner- ship. And mark again that, in all these cases, the internal constitution of the ruling State made no difference. As Athens had her subjects though not strictly her we/uiotKoi no less than Sparta, so democratic Uri had her own subjects, and her share in the common subjects of the Confederation, no less than aristocratic Bern. In all this we have a lively image of the state of things in old Greece, except that I do not remember that the condominium, the joint sovereignty or rather the joint ownership, has its parallel there. This fact is to be taken in connexion with a fact to which Mr. Grote has called attention, that the acquisition of dominion by purchase, so common in mediaeval history, is rare in the history of Greece (37). I conceive the cause of the difference to be that in old Greece and Italy the ideas of property and government had not got mixed together in the way in which they were mixed together in mediaeval times. The Roman People might make itself the landowner of the soil of a conquered commonwealth ; it might add the folkland of the conquered to its own folkland, or it might part it out as ~booldand among its own citizens ; but the right of govern- ment remained a distinct thing from the right of property. It remained something which could not be, as in mediaeval times, granted, sold, or enfeoffed, along with the land. But we have seen how in mediaeval times, as the feudal idea took root and grew, the right of government came to be looked on as a property, while the possession of landed property came to be looked on as carrying with it a kind of right of government. When government was thus looked on as a vi NOTION OF PROPERTY IN SOVEREIGNTY 187 possession, there seemed no reason why a rich commonwealth might not buy the sovereign rights and powers of a spend- thrift prince, just as it might buy his landed estate or his manorial privileges. In this way, Bern and other cities largely bought out the neighbouring territorial nobility, besides often conquering them in warfare. The new corporate lord, the Commonwealth, stepped into the place of the old personal lord ; it was clothed with all his authority, and it commonly contrived that the authority which thus passed to it should grow, rather than lessen, in its hands. So, when the same notion of property in sovereignty was fully estab- lished, there was no reason why two or more commonwealths might not hold the sovereignty of a town or district in partnership, just as two or more personal owners might hold a field or a house in partnership. In this way the purchase of territory, and with it of sovereignty, and the holding of sovereignty in partnership, if not absolutely unknown in the elder state of things, became at least far more familiar and important in the later. And, through the greater complica- tion of mediaeval jurisprudence a complication which for the most part grew out of this same confusion of the ideas of property and sovereignty there arose an endless variety of relations between princes, towns, independent and subject districts, to which there is no parallel in the simpler state of things in Greece and Italy (38). Still, as often as there arose a system of separate towns and districts, independent of, or but slightly controlled by, the central power of the Emperor, we find in mediaeval Europe a lively image of the relations between a Greek or Italian city and its Greek or Italian subjects, an image of the relation of Sparta to her Laconian TrepiWot or of Rome to her Italian allies (39). And in Switzerland and the neighbouring lands this system went on in all its fulness till the French invasion came to sweep away the old state of things, to sweep away its worst evils for ever, its good points only for a moment. The League itself, its several Cantons, the allied cities and confederations, 188 MISCELLANEOUS ANALOGIES LECT. all had their subjects, their Unterthanen, in Greek phrase their ire/oloucot. It was not only aristocratic Bern or Basel that thus ruled, sometimes over men of their own blood and language, in all cases over men who were not savages or heathens, but sharers in the common faith and civilization of Europe. If the Bear held a firm grasp on the lands from the Aargau to the Leman Lake, if for a moment he held and Europe may now sigh that he did not keep the shore which so proudly fronts Lausanne and Chillon (40), the bull of Uri had planted his foot no less firmly on the Levantine valley. So too the confederate village communities of the Upper Wallis lorded it over their Welsh neighbours lower down the river, and the Three Leagues of Raetia bore a rule perhaps sterner than all over the Italian valley to the south of them. The Valtelina alone has failed to rise from bondage to the highest freedom of all ; yet incorporation with con- stitutional Italy, nay, even subjection to France and Austria, was a good exchange for the rule of its former masters. In all these lands, whether well or ill governed in detail, the principle of government was the same. The internal state of the subject district might range from something very like bondage to a large amount of local self-government ; but all alike were irepiomot, in so far as the sovereignty was neither vested in the community itself nor in a prince whom it could claim as its own. In all alike, the sovereign was a common- wealth beyond their borders, a corporate lord, who, whether he ruled well or ill, ruled in his own interest and not in the interest of his subjects. Such a rule is not necessarily oppressive, though there is every temptation to make it so. But it is in any case irksome and degrading ; it is the story of Rome over again ; the rule of a single despot, where there is at least the chance of the personal virtues of a well- disposed despot, is better than the systematically selfish rule of an alien commonwealth. The rule of a single man, of a man so exalted as to seem like a being of another order, is less irksome than the rule of a body of men who seem to be vi COMMONWEALTHS AND THEIR SUBJECTS 189 in no way privileged above their subjects. And in one respect the experience of earlier and later days has been reversed. Democratic Athens was at least a better ruler of dependencies than oligarchic Sparta (41). But the common bailiwicks of Switzerland were always better off when the bailiff, the Vogt, the htmnost, who was sent to rule them came from aristocratic Bern or Zurich than when he came from democratic Uri or Unterwalden. A patrician of Bern was at least a man who knew men and things ; he was one of a class who were taught the art of ruling from their birth. The peasant harmost from a democratic Canton had too often bought his office of his countrymen, and had to repay and enrich himself at the cost of his temporary subjects. In the Greek case we must remember that Athens wisely sent no harmosts at all to her dependent allies, and the little evidence that we have tends to show that the foreign administration of Sparta was harsher than that of other Dorian and aristocratic cities (42). But everywhere we learn the same lesson, the inconsistency of commonwealths which boast themselves of their own freedom and exalt themselves at the cost of the freedom of others. I have thus gone through my subject as fully, I trust, as the nature and limits of the course prescribed to me would allow. But that is of course very imperfectly. In a course of lectures like this no subject can be dealt with exhaustively ; no subject can be set forth in all its bearings : nothing can be traced in detail from its beginning to its end. The object of the lecturer is rather to awaken curiosity than to gratify it, rather to show what is to be learned than to attempt to teach it in all its fulness. All that he can hope to do is to choose a few of the many aspects of his subject, and to take care that his treatment of them, though necessarily imperfect, shall be accurate as far as it goi-s. Thus much I trust that I have done ; to some I may have suggested a new line of thought ; to others I may have 190 MISCELLANEOUS ANALOGIES LECT. suggested new illustrations of a line of thought on which they had already entered. It will be enough if I can, by this present line of argument, bring home to any mind the great truth which it has been the chief business of all that I say or write to set forth by various arguments, the truth that history is one, and that every part of it has a bearing on every other part. No one, I think, who has followed me will deem that the institutions of ancient Greece and Italy are at all lowered from their place of dignity, by being shown to be the same in their origin, the same in many of their details, as the institutions of our own forefathers. We shall not think the less highly of the studies which form the groundwork of all our studies, if we give them their due place and no more, if we treat them as only branches of one great study, records of one great heritage in which England and Germany have their share alongside of Rome and Athens. I do not shut out the other branches of the common family, those who came before us, those whose destiny it may be to come after us, those whom, after so long a separation, we have again met in the far- off Eastern world. I do not shut my eyes to the strong likelihood that much that is common to the various branches of the Aryan family comes from sources common to the Aryans along with other divisions of mankind. But I leave researches of this kind to inquirers of wider ken than my own. It is enough for me to keep myself on ground on which I can be sure of my footing, and to trace out, at least in the form of a rough, though I would hope a suggestive, sketch, the main points of political instruction to be gathered from the history of the three branches of the common stock which have, each in its turn, held the foremost place among civilized men. It is enough if I have led any to look on the earlier forms of the institutions of our own people, on the kindred forms of the common institutions of their kindred races, not as something which is utterly passed and gone, not as something which is cut vi SUMMARY 191 off from us by an impassable barrier of time and place, but as something which is still living, .something in which we ourselves share, something of which we still reap the fruit, as a heritage which has descended to us from un- recorded times, as the still abiding work of the fathers and elder brethren of our common blood. 192 THE UNITY OF HISTORY UEDE THE UNITY OF HISTORY THE revival of learning in the fifteenth and sixteenth centuries marks, as is agreed on all hands, one of the great epochs in the history of the mind of man. It is easy to exaggerate the extent of the revival itself; it is easy to dwell too exclusively on the bright side of its results ; but the undoubted fact still remains none the less. That age was an age when the spirit of man cast away trammels by which it had long been fettered; it was an age when men opened their eyes to light against which they had been closed for ages. A new world was opened ; or, more truly, a world which men never had forgotten, but which had become to them a world of fable, was suddenly set before them in its true and living reality. The Virgil, the Aris- totle, the Alexander, of legend gave way to the true Virgil, the true Aristotle, the true Alexander, called up again to life in their writings and in their deeds. We are indeed apt greatly to exaggerate the ignorance of earlier times, but in one point it is hardly possible to exaggerate the importance of the change. It must have been like the discovery of a new sense, like the discovery of a new world of being, when the treasures of genuine Greek literature were, for the first time, thrown open to the gaze of Western Christendom. The twelfth century had its classical revival as well as the fifteenth ; but the classical revival of the twelfth century hardly ever went beyond a more accurate knowledge, a more happy imitation, of the elder specimens of that Latin tongue which was still the tongue of religion, LECT. THE REVIVAL OF LEARNING 193 government, and learning. To William of Malmesbury and John of Salisbury the voice of Homer was dumb, and the voice of Aristotle spoke only at third-hand with a Spanish Saracen to his dragoman. Such knowledge of Greek as fell to the lot of Robert Grosseteste and Roger Bacon was looked on as a prodigy; and, whatever was its amount, it certainly did not extend to any familiar knowledge of the masterpieces of Hellenic poetry, history, or oratory (i). That revival of learning which brought the men of our Northern world face to face with the camp before Ilios and with the Agore of Athens was indeed a revolution which amounted to hardly less than a second birth of the human mind. Yet the revival of learning, rich and manifold as have been its fruits, had its dark side. I speak not of its immediate results, political and ecclesiastical, in its native land of Italy. Better indeed by far was the honest barbarism of the darkest age than the guilty splendours of Lorenzo and of Leo, where all the blaze of art and poetry and learning strive in vain to gloss over the overthrow of freedom and the foul abuse of sacred things. I speak rather of the effects of the classical revival of those days directly on the pursuit of learning, on those studies of Greek and Roman literature and art which became the all in all of the intellect of the age. It at once opened and narrowed the field of human study. It led men to centre their whole powers on an exclusive attention to writings contained in two languages, and for the most part in certain arbitrarily chosen periods of those two languages. In its first stage it devoted itself too exclusively to the mere literature of those two languages, as opposed to the solid lessons of their political history. But, in all its forms and stages, it fostered the idea that the languages, the arts, the history, of Greece and Rome, at certain stages of their being, were the only forms of language, art, and history which deserved the study of cultivated men. It led to the belirf, not perhaps fully put forth in words, but 194 THE UNITY OF HISTOEY REDE none the less practically acted on, that those two languages, and all that belonged to them, had some special privilege above all others that the studies which were honoured by the ambiguous name of ' classical ' were fenced off from all others by some mysterious barrier that they formed a sacred precinct which the initiated alone might enter, and from which the profane were to be jealously shut out. Such a state of feeling, a feeling which has even now far from died out, could not fail to lead to mere contempt, and thereby to mere ignorance, of everything beyond the sacred pale. And, what is more, it hindered any knowledge of the true nature of those things which were allowed a place within the sacred pale. It led to a cutting off of so-called ' classical ' studies from all ordinary human pursuits and human interests. And of this cutting off we still feel the evil effects. Men persuaded themselves, not only that 'classical' models in literature and art were amongst the noblest and most precious works of human genius, but that they were the only possible standards of excellence. Whatever did not conform to their pattern was worthless and barbarous; the exclusive votaries of classical art and literature deemed that they were branding it with the heaviest reproach when they called it Gothic. They thus cut themselves off from long and stirring volumes of the world's history; they cut themselves off from forms of art and language no less worthy of their homage than those which they deemed alone worthy to receive it. They learned to look with scorn on the works of men of their own land, their own blood, and their own faith. They stifled art and literature by arbitrary rules drawn from models, perfect indeed in their own time and place, but which were utterly inappropriate when creeds and tongues and feelings had altogether changed. Let any one who would thoroughly take in how low the taste of Englishmen had fallen under the dominion of the exclusive classical fashion turn to those passages in the ' Spectator ' where Addison chances to speak of the history, the manners, the art, the religious belief, LECT. EVILS OF EXCLUSIVE 'CLASSICAL' STUDY 195 of Englishmen in earlier days. Then let him turn, and see how even then nature asserted her rights against the deadening yoke of fashion, in those passages in which the same man called on his astonished age to acknowledge an outpouring of the true Homeric spirit in the English lay of Chevy Chase (2). But, more than all this, the exclusive study of ' classical ' models hindered men from gaining any living knowledge of the classical models themselves. It has been wittily said that they believed that all ' the ancients ' lived at the same time. Certain it is that the habit of constantly classing together Greece and Rome that is, Greece and Rome during a few arbitrarily chosen centuries of their history in opposi- tion to all other times and places led to an utter forgetful- ness of the wide gap by which Greece and Rome were parted asunder. Men forgot the difference between the Ionian singer and the Augustan laureate ; they held up Homer and Virgil as poets of the same class, whose merits and defects could be profitably compared together. They would have been amazed indeed to be told that the true parallel for the tale of the wrath of Achilleus was to be looked for in the Lay of the Nibelungs or in the stirring battle-songs of Saulcourt and Maldon. They would have deemed it a degradation to entertain the thought that the vulgar tongues of England and Germany were kindred tongues, of equal birth and claiming equal^honour, with the sacred languages of Latium and Attica. They would have deemed it, not so much a degradation as an utterance of open madness, had they heard that those sacred languages were but dialects of one common mother-speech, that its elder offspring was to be looked for in the tongues of lands which the Macedonian conqueror had barely grazed, and, more wondrous still to tell, in the fast-vanishing speech of a few men of strange tongue by the Eastern shore of the Baltic Sea (3). On us a new light has come. I do not for a moment hesitate to say that the discovery of the Comparative method in philology, in mythology let me add in politics and 196 THE UNITY OF HISTORY REDE history and the whole range of human thought marks a stage in the progress of the human mind at least as great and memorable as the revival of Greek and Latin learning. The great contribution of the nineteenth century to the advance of human knowledge may boldly take its stand alongside of the great contribution of the fifteenth. Like the revival of learning, it has opened to its votaries a new world, and that not an isolated world, a world shut up within itself, but a world in which times and tongues and nations which before seemed parted poles asunder, now find each one its own place, its own relation to every other, as members of one common primaeval brotherhood. And not the least of its services is that it has put the languages and the history of the so-called ' classical ' world into their true position in the general history of the world. By making them no longer the objects of an exclusive idolatry, it has made them the objects of a worthier, because a more reasonable, worship. It has broken down the middle wall of partition between kindred races and kindred studies ; it has swept away barriers which fenced off certain times and languages as ' dead ' and ' ancient ; ' it has taught us that there is no such thing as ' dead ' and ' living ' languages, as ' ancient ' and ' modern ' history ; it has taught us that the study of language is one study, that the study of history is one study; it has taught us that no languages are more truly living than those which an arbitrary barrier fences off as dead ; it has taught us that no parts of history are more truly modern if by modern we mean full of living interest and teaching for our own times than those which the delusive name of. 'ancient' would seem to brand as some- thing which has wholly passed away, something which, for any practical use in these later times, may safely be forgotten. My position then is that, in all our studies of history and language and the study of language, besides all that it is in other ways, is one most important branch of the study of LECT. DELUSIVE USE OF 'ANCIENT' AND 'MODEBN' 197 history we must cast away all distinctions of ' ancient ' and < modern,' of ' dead ' and ' living,' and must boldly grapple with the great fact of the unity of history. As man is the same in all ages, the history of man is one in all ages. The scientific student of language, the student of primitive culture, will refuse any limits to their pursuits which cut them off from any portion of the earth's surface, from any moment of man's history since he first walked upon it. In their eyes the languages and the custonis of Greece and Rome have no special privilege above the languages and the customs of other nations. They do but take their place among their fellows, as illustrations of the universal laws which bear rule over human nature and human speech. But let us come to history more strictly so called, to the history of man as a political being, to the history of our own quarter of the globe and our own family of nations. The history of the Aryan nations of Europe, their languages, their institutions, their dealings with one another, all form one long series of cause and effect, no part of which can be rightly understood if it be dealt with as something wholly cut off from, and alien to, any other part. There is really nothing in certain arbitrarily chosen centuries of the history of Greece and Italy which ought to cut them off, either for reverence or for contempt, from any other portion of the history of the kindred nations. There is nothing to make the so-called 'ancient' history a separate study from the history of so-called ' modern ' times. ' Ancient ' history calls for no special powers for its mastery ; it calls for no special method for its study. The powers which are needed for the mastery of ancient history are the same as those that are needed for the mastery of modern history. The method, the line of thought, the habits of research and criticism, which are needed for the one are equally needed for the other. Knowledge is, in both cases, gained by the exercise of the same faculties, and by the use of the same process in their exercise. So too it is with language. There is not, as the world in general seems to think, anything special or 198 THE UNITY OF HISTORY REDE mysterious about the Greek and Latin tongues, or about those particular stages of those tongues which are picked out to receive the name of classical. The accurate knowledge of one language can be gained only by the same means as the accurate knowledge of another. It does not need two sets of faculties, but one and the same set, to enable us to master the inflexions of the tongue of Homer and the kindred inflexions of the kindred tongue of Ulfilas. No language, no period of history, can be understood in its fulness, none can be clothed with its highest interest and its highest profit, if it be looked at wholly in itself, without reference to its bearing on those other languages, those other periods of history, which join with it to make up the great whole of human, or at least of Aryan and European, being. The tie which binds together the Greek and the Latin languages is doubtless closer than that which binds either of them to any other member of the great family. But the tie is simply closer in degree ; it is in no way different in kind. We are at last learning that our scientific know- ledge of the speech of Greece is imperfect unless we add to it a scientific knowledge of the speech of England, and that our knowledge of the speech of England is imperfect unless we add to it a scientific knowledge of the speech of Greece. We are learning that Greek and Roman history do not stand alone, bound together by some special tie, but isolated from the rest of the history of the world, even from the history of the kindred nations. We are learning that European history, from its first glimmerings to our own day, is one unbroken drama, no part of which can be rightly understood without reference to the other parts which come before and after it. We are learning that of this great drama Rome is the centre, the point to which all roads lead, and from which all roads lead no less. It is the vast lake in which all the streams of earlier history lose themselves, and from which all the streams of later history flow forth again. The world of independent Greece stands on one side of it; the world of modern Europe stands on the other. But the history LECT. ROME THE CENTRE OF UNIVERSAL HISTORY 199 alike of the great centre and of its satellites on either side can never be fully grasped, except from a point of view wide enough to take in the whole group, and to mark the relations of each of its members to the centre and to one another. As it is with the language, so it is with the history. Our knowledge of the history of Greece is imperfect without a knowledge of the kindred history of England, and our knowledge of the history of England is imperfect without a knowledge of the kindred history of Greece. Rome is the centre ; Rome is the common link which binds all together ; and yet, while learning this, while learning more truly and fully the place and dignity of Rome, we are learning too to cast away the superstition which once looked on her language as the one guide and key to all other languages and to all human knowledge. We have learned that all members of the great family are alike kinsfolk, entitled to stand side by side on equal terms. We have learned that Angul and his brother Dan (4) may march boldly and claim of right to speak face to face with their cousin Helln, and have no need to be smuggled in by some back-way through the favour of their other cousin Latinus. I here stop to answer one possible objection. Is it, I may be asked, needful for the student of history or of language to be master of all history and of all language ? Must he be equally familiar with the tongue, the literature, the political constitutions, the civil and military events, of all times and places? Such an amount of knowledge, it may well be argued, can never fall to the lot of man. And some may go on to infer that any doctrine which may even seem to lead to such a result must be in itself fruitless. Now to be equally familiar with all history and all language is of course utterly beyond human power. But it is none the less true that the student of history or of language and he who is a student of either must be in no small degree a student of the other must take in all history and all language within his range. The degrees of his knowledge of various languages, 200 THE UNITY OF HISTORY REDE of various branches of history, will vary infinitely. Of some branches he must know everything, but of every branch he must know something. Each student will have his own special range, the times and places which he chooses for his special and minute study. Of these he will know everything; he will master every detail of their history in the minutest way from the original authorities. The choice of such ages and countries for special study will of course depend upon each man's taste and opportunities ; one may choose an earlier, another a later time ; one may choose the East, another the West ; one may choose a heathen, another a Christian period ; but all are fellow- workers, if only they all remember that, beyond the something of which they must needs know everything lies the everything of which they need only know something. No man can study the history of all ages and countries in original authorities. To the man who is most deeply versed in historic lore there must still be many periods of which his knowledge is vague, imperfect, and gained at second-hand. When a subject is so vast, it cannot be otherwise. Some branches must in every case be primary and some secondary; which are primary and which are secondary will of course differ in the case of each particular student. It is enough if each man, while thoroughly mastering the branches of his own choice, knows at least enough of the other branches to have a clear and abiding conception of their relation to his own special branches and to one another. And the thorough knowledge of one period, the habit of minute research and criticism among contemporary authorities, undoubtedly gives a man a power which leads him better to see his way through the periods which he has to take at second-hand, and to feel by a kind of instinct where second-hand writers may be freely followed and where they must be used with caution. A man who is thoroughly master of the periods which to him are primary will readily grasp the leading outlines and the true relations of the periods which to him are secondary. The one point is that of no period of history worthy of the LECT. POSITION OF GRECIAN HISTORY 201 name> of no part of the record of man's political being, can he afford to know nothing. I have said that a knowledge of the history of Greece is imperfect without a knowledge of the history of England, and that a knowledge of the history of England is imperfect without a knowledge of the history of Greece. But I do not say that the knowledge need be in each case the same in amount, or even the same in kind. With many men one must be primary and the other secondary ; one will be a study to be mastered in its minutest detail, while the other will be something of which it is enough to know the main outlines and to grasp the true relations of each period to the others. And as it is with history, so it is with language. The philologer will have certain languages of which he is thoroughly master, with whose literature he is familiar, and in which his tact can distinguish the nicest peculiarities of dialects and periods and particular writers. Of other tongues he will have no such minute knowledge ; he may be unable to compose a sentence in them, perhaps even to construe a sentence in them ; yet he may have a very real and practical knowledge of them for his own purpose. That purpose is gained if he thoroughly grasps their relations to other languages, the main peculiarities which distinguish them, and the position which they hold in the general history of human speech. Looking then at the history of man, at all events at the history of Aryan man in Europe, as one unbroken whole, no part of which can be safely looked at without reference to other parts, we shall soon see that those branches of history which are too often set aside as something distinct and isolated from all others do not lose but gain in dignity and importance, by being set free from an unnatural bondage, by being brought into their natural relation to other branches of the one great study of which they form a part. Let us look at the history of the Greek people and the Greek tongue. Some men speak as if that history came to an end on the field of Chaironeia, while others will gra- 202 THE UNITY OF HISTORY REDE ciously allow that the life of Greece lingered on to be burned up for ever among the flames of Corinth. Some speak as if the whole life of the Greek tongue was shut up within those few centuries which, by an arbitrary distinction, we choose to speak of as ' classical.' Some indeed draw the line very narrowly indeed. There was one Greek historian before whose eyes the history of the world was laid open as it never was to any other man before or after. There was one man who, in the compass of a single life, had been as it were a dweller in two worlds, in two wholly different stages of man's being. To the experience of Polybios the old life of independent Greece, the border warfare and the internal politics of her commonwealths, had been the familiar scenes of his earlier days. His childhood had been brought up among the traditions of the Achaian League, among men who were fellow-workers with Markos and Aratos. His birth would almost fall in days when Megalopolis stood, under the rule of Lydiadas, as an independent unit in the independent world of Hellas. The son of Lykortas, the pupil of Philopoimen, may have sat as a child on the knees of the deliverer of Sikyon and Corinth. He could remember the times when the tale of the self-devotion of their illus- trious tyrant must have still sounded like a trumpet in the ears of the men of the Great City (5). He had himself borne to the grave the urn of the last hero of his native land, cut off, as Anaxandros or Archidamos might have been, in border warfare with the rebels of Messene (6). He could remember times when Macedonia, perhaps even when Carthage, was still an independent and mighty power, able to grapple on equal terms with the advancing, but as yet not overwhelming, power of Rome. He lived to see all swept away. He lived to see Africa, Macedonia, and Greece itself, either incorporated with the Roman dominion or mocked with a shadow of freedom which left them abject dependents on the will of the conquering people. He saw the dominion of the descendants of Seleukos, the truest heirs of Alexander's conquests, shrink up from the vast LECT. HISTORIC POSITION OF POLYBIOS 203 empire of Western Asia into the local sovereignty of a Syrian kingdom. He saw Pergamos rise to its momentary greatness and Egypt begin the first steps of its downward course. He saw the gem of Asiatic history, the wise Con- federation of Lykia, rise into being after the model of the State in which his own youth had been spent. He lived to stand by the younger Scipio beside the flames of Carthage, and, if he saw not the ruin of Corinth with his own eyes, he lived to legislate for the helpless Roman dependency into which the free Hellenic League of his youth had changed (7). The man who saw all this saw changes greater than the men who lived in the days of Theodoric and Justinian, or the men who lived in the days of the elder Buonaparte. And yet there are scholars, men devoted to ' ancient ' and ' classical ' learning, who have been known to cast away from them the writings of the man who saw all this, because forsooth they were ' bad Greek/ because they did not conform in every jot and tittle to the standard of some arbitrarily chosen point in the history of a language which has lived a life of well nigh three thousand years. As if the form were more precious than the substance ; as if the changes in a language were not the most instructive part of the history of that language ; as if it were not as unreasonable to call the Greek of Polybios ' bad Greek ' because it is not the Greek of Thucydides as it would be to call the Greek of Thucydides ' bad Greek ' because it is not the Greek of Homer. But let us rise above trammels such as these ; let us take a wider and a worthier view of the long history of the most illustrious form of human speech. Let us remember that the despised Greek of Poly- bios gives us an instance of a law which has gone on from his day to ours. Thucydides, Xenophon, Demosthenes, wrote and harangued in the dialect which came most naturally to their lips, in the dialect of their daily life. The History of Polybios is as little written in the dialect which came most naturally to his lips as is the History of Trikoupes. The language of an Arkadian inscription is 204 THE UNITY OF HISTORY REDE something wholly different from the language of the con- temporary History (8). That is to say, the dialect of Athens had already made that complete conquest of Hellenic prose literature which it has kept ever since. The classical purist may smile when I apply the name of Attic to the long succession of writers of Macedonian, Roman, and Byzantine date. But so it is ; the style and spirit may change ; the vocabulary may be corrupted by strange and barbarous intruders ; but the mere forms of words still remain Attic. The latest Byzantine writer really differs less from Xenophon than Xenophon differs from Herodotus. Even the language of a modern Greek newspaper, in its vain attempts to call back a form of speech which has passed away, is Attic to the best of its ability. Its aim is to reproduce the Greek of Plato and Xenophon, not the Greek of Herodotus or of Pindar. What higher tribute can be paid to the great writers of the short sunshine of Athenian glory, than that the dialect of their one city should for two thousand years have thus set the standard of Greek prose writing, that it should thus keep up one ideal of Hellenic purity among the many and shifting forms of speech which were the native dialects of the men who used it ? But the full extent, the full worth, of such a tribute can never be fully understood by those who cast away with contempt whatever does not fully come up to an ideal whose full perfection of course was unattainable except in its native time and place. The man who would fully take in the influence of the Greek tongue and the Greek mind on the history of the world must look far beyond the narrow range of time and place within which classical purism would confine him. Let him see how, in the earliest days of Greek colonization, the tongue and the arts of Greece found themselves a home on every coast from the isle of Cyprus to the peninsula of Spain. Let him look on the greater isle of Sicily, twice the battle-field between the East and the West, between Africa and Europe, between the Semitic and the Aryan man (9). Let him see the native tribes gradually absorbed by kindred conquerors and neigh- LECT. LONG DURATION OF GREEK LIFE 205 hours, till the distinction between Sikel and Sikeliot died away, till the whole island was gathered into the Hellenic fold, a land whose Hellenic life failed not under the rule of Carthaginian, Roman, Saracen, and Norman, and where the tongue in which the victories of Hieron had been sung to the lyre of Pindar lived on to record the glories of the house of Hauteville on the walls of the Saracenic churches of Palermo (10). Look again at the Phokaian settlement in Gaul; see how, among a race far more alien than the kindred Sikel, the arts and letters of Greece held their place for ages, and how some glimmerings from the Massalian hearth may even have reached, not indeed to our own fore- fathers, but to our predecessors in our own island. See the long history of the Massalian commonwealth itself; how the spirit of the men who sailed away from the Persian yoke lived on in their kinsfolk who withstood the might of Caesar, and sprang again to life in later times to withstand the sterner might of Charles of Anjou (n). From the western extremity of Greek colonization let us look to the eastern ; let us turn our eyes from the northern shore of the Mediter- ranean to the northern shore of the Inhospitable Sea. The Greek kingdom of Bosporos and the Greek commonwealth of Cherson have passed so utterly out of memory that we may doubt whether, when, eighteen years back, those lands were in every mouth, there was one among the warriors and tourists and writers of a day who knew that, in compassing the fortress of Sebastopol, he was treading on the ruins of the last of the Greek republics. Yet it is something to remember that, ages after Athens and Sparta and Thebes had been swallowed up in the dominion of Rome, ages after their citizens had exchanged the name of Hellenes for the name of Romans, the fire once lighted at the prytaneion of Megara still burned on, that one single commonwealth still lived, Greek in blood and speech and feeling, the ally but not the subject of the lords of the Old and the New Rome (12). Thus far we have seen the free Greek settle on distant shores, and carry with him the freedom of his own 206 THE UNITY OF HISTORY RED land. But we must look also to other times and lands, when the Greek tongue and Greek arts were scattered through the world, but without carrying Greek freedom with them. Yet it was something that, before Greece yielded to her Macedonian master, he had himself to become a Greek, to be adopted into the great religious brotherhood of Greece, and to be chosen, with at least the outward assent of her commonwealths, to be their common leader against the Barbarian (13). The arms which overthrew her old political freedom carried her tongue and her culture through the kingdoms of the East. The centres of Grecian intellectual life moved from the banks of the Ilissos and the Eurotas to the banks of the Orontes and the Nile. Even the barbarous Gaul, the descendant of the invaders of her Delphic temple, was brought in his new home within her magic range, and his Asiatic land deserved to be spoken of as the Gaulish Greece (14). Thus that artificial Greek nation arose, some- times Greek in birth, always Greek in speech and culture, which so long divided the dominion of the world, and which, after ages of bondage, has again sprung to life in our own day. It is something too to see how truly Greece led captive, not only her Macedonian but her Roman conqueror; to remember how the first Roman historians recorded Roman legends in the Greek tongue, and how well nigh every Roman poet went to Greece as the fount of his inspiration. But our view will not stop with the Augustan or with the Flavian age. If we would see how truly Greece conquered Rome, we must see the two Imperial saints of heathendom, Marcus in his camp by the Danube and Julian in his camp by the Rhine, choosing the tongue of Greece, and not of Rome, to receive the witness of the time when the prayer of the wise man was answered, and when philosophers held the dominion of the world. But from them we must turn away to the records of the Faith which the one persecuted and the other cast aside. Those conquests which made the Greek tongue the literary tongue of civilized Asia caused that it should be in the Greek tongue that the oracles of LECT. THE MODERN GREEK CHURCH AND NATION 207 Christianity should be given to the world, and that Greek should be the speech of the earliest and most eloquent preachers of the Faith. The traditions of Greece and Rome, the conquests of Macedonian warriors and of Christian Apostles, all came together when the throne and the name of Rome were transferred to a Greek-speaking city of the Eastern world, and when the once heathen colony of Megara was baptized into the Christian capital of Constantine. There went on that long dominion of the laws of Rome, but of the speech, the learning, and the arts of Greece, the dominion of the city which those who scorned and overthrew her political power none the less revered as their intellectual mistress. We have not gone through the history of Greece till we have read the legends carved in her tongue on the monumental stones of Ravenna, and blazing in all the glory of the apses of Venice and Torcello (15). We have not taken in how thoroughly Greece leavened the world, till we read how the panegyrist of the Norman Conqueror tells us that the spoils of England were of such richness that they would not have disgraced the Imperial city, and that even Greek eyes might have looked on them with wonder (16). The Empire of Greece has passed away, but her changeless Church remains, the Church which still speaks the tongue of Paul and of Chrysostom, the Church which still sends up her prayers in the words of the liturgies of the earliest days, the Church which still keeps her Creed free from the in- terpolations of later times (17), and which, alone among Christian Churches, can give to her people the New Testa- ment itself, and not man's interpretation of it. And now again the Hellen, disguised for ages under the Roman name, has once more stood forth as a nation, a nation artificial indeed as regards actual blood, but a nation well defined by its Greek speech and its Greek religion. And, if regenerate Hellas has in some points failed, what has been the cause of her failure ? Mainly because regenerate Hellas has, in the zeal of her new birth, forgotten her long continuous being. It is, above all things, the dream of the irrecoverable 208 THE UNITY OF HISTORY REDE past, the dream of the exclusively classic past, which has checked the progress of the ransomed nation. A Greece which could utterly forget Athens and Sparta, which could look on herself simply as one of the Christian races rescued, or to be rescued, from the bondage of the Infidel a Greece which could look on herself, and which was allowed to look on herself, simply as the yoke-fellow of Servia and Bulgaria would be far more likely to hold up her head among the nations of Europe than a Greece that still dreams of Thermopylai and Marathon, hard as the lesson must be when her strife for freedom was one in which the very soil of Thermopylai and Marathon was again dyed with the blood of vanquished barbarians. Surely in such a view as this we learn how truly history is one ; surely such a survey teaches us how the whole drama hangs together, how ill we can afford to look at any one of its scenes as a mere isolated fragment, without referring to the scenes before and after it. And surely too we pay the highest homage to ' ancient ' days, to ' classic ' days, to the nation which stood forth as the first teacher of the human mind and to the tongue which was the instrument of its teaching, not by shutting them up within the prison of a few centuries, but by tracing out their influence on the history of all time, by showing how close is the bearing of those ' ancient ' times upon the modern world around us, and how the language which we falsely speak of as ' dead ' has in truth never died, but still lives on, as it has ever lived through the revolutions of so many ages. But we shall feel the oneness of history even more, if we turn from Greece and her in- fluence on mankind to the influence of the other ' ancient ' and ' classical ' people, to the long and abiding life of that other tongue which is even more strangely spoken of as ' dead.' Let us look at Rome, not the mere ' classic ' Rome of a generation or two of imitative poets, but the true Eternal City, the Rome of universal history. And in this view, it is again no small witness to the true oneness of history that much that we have already looked at as Greek we must look LECT. PERMANENCY OF THE LANGUAGE OF ROME 209 at from another point as Roman. The influence of Greece on the later world, deep and lasting as it has been, has been largely an indirect influence, an influence of example and analogy. No modern nation is governed by the laws of Lykourgos or the laws of Solon ; no modern state can directly trace its political being either to Athenian democracy or to Macedonian kingship. But Rome still lives in the inmost life of every modern European state. Two abiding signs of her rule stand out on the very surface of the modern world, and need no thought, no searching into records, to bring them before the eyes of every man. Three of the foremost nations of Europe still speak the tongue of Rome, in forms indeed which have parted off into independent languages, but which are none the less living witnesses of her abiding rule, as not only the conqueror but the civilizer of the Western lands. And among all the nations which speak her tongue, among many too to whom her tongue is strange, the city of the Caesars and the Pontiffs is still looked up to as their reli- gious metropolis, though no longer as their temporal capital. Let us look at the history of Rome and of her language. We may say of Rome, in a truer sense even than of Greece, that her sound has gone out into all lands, and her words unto the ends of the world. In the view of universal history, the century 01 two of its ' classic ' purity seem but as a moment in the long annals of the Imperial tongue. W T e might indeed be tempted to wipe out altogether the days of her ' classical ' that is, her imitative literature, as a mere episode in the history of the undying speech of Rome. We might be tempted to say that the genuine literature of Italy went into a katdbothra when the Camenae wept over the tomb of Naevius, and that it came out again when the dominion of the stranger Muses had passed away, and when the inspiration of Prudentius and Ambrose was drawn from sources at least not more foreign than the well of Helikon ( 1 8). The old Saturnian echoes which sang how it was the evil fate of Rome which gave her the Metelli as her Consuls, ring out again in those new Saturnian rimes which sing the praises of 210 THE UNITY OF HISTORY REDE Imperial Frederick and set forth the reforming policy of Earl Simon (19). The truly distinctive character of the Latin tongue was not stamped on it by its poets, not even by its historians and orators. The special calling of Rome, as one of those poets told her, was to rule the nations ; not merely to conquer by her arms, but to govern by her abiding laws. Her truest and longest life is to be looked for not in the triumphs of her Dictators, but in the edicts of her Praetors. The most truly original branch of Latin literature is to be found in what some might perhaps deny to be part of litera- ture at all, in the immediate records of her rule, in the text- books of her great lawyers, in the Itineraries of her provinces, in the Notitia of her governments and offices. The true glory of the Latin tongue is to have become the eternal speech of law and dominion. It is the tongue of Rome's twofold sovereignty and of her twofold legislation, the tongue of the Church and the Empire, the tongue of the successors of Augustus and of the successors of Saint Peter. It has been, wherever King or Priest could wrap himself in any shred of her Imperial or her Pontifical mantle, the chosen speech alike of temporal and of religious rule. In the hymn of the Fratres Arvales, in the ' lex horrendi carminis ' of the earliest recorded Roman formula (20), we get the beginnings of that long series of witnesses of her twofold rule, as alike the temporal and the spiritual mistress of the Western world. In the eyes of universal history the truest triumphs of the Latin tongue are to be found in lands far away from the seven hills, far away even from the shores of the Italian peninsula. The tongue of Rome, the tongue of Gaius and Ulpian rather than the tongue of Virgil and Horace, has become the tongue of the Code and the Capitularies, the tongue of the false Decretals and of the true Acts of Councils, the tongue of Domesday and the Great Charter, the tongue of the Missal and the Breviary, the tongue which was for ages in Western eyes the very tongue of Scripture itself, the tongue in which all Western nations were content to record their laws and annals, the tongue for which all those LECT. (ECUMENICAL ASPECT OF ROMAN HISTORY 211 nations which came within her immediate dominion were content to cast away their native speech. It is this abiding and Imperial character of the speech of Rome, far more than even the greatest works of one or two short periods in its long b'fe, which gives it a position in the history of the world which no other European tongue can share with it. But this its position in the history of the world can never be grasped except by those who look on the history of the world as one continuous whole. It is unintelligible to those who break up the unity of history by artificial barriers of ' ancient ' and ' modern.' Much that in a shallow view of things passes for mere imitation, for mere artificial revival, was in truth abiding and unbroken tradition. Of all the languages of the earth, Latin is the last to be spoken of as dead. It was but yesterday the universal speech of science and learning ; it is still the religious speech of half Western Europe ; it is still the key to European history and law ; and, if it is tfbwhere spoken in its ancient form, it still lives in the new forms into which it grew in the provinces which Rome civilized as well as conquered. It was a wise saying that the true scholar should know, not only whence words come, but whither they go (21). The history of the Latin language is imperfect if it does not take in the history of the changes by which it grew into the tongue of Dante and Villani, into the tongues of the Provencal Troubadour and the Castilian Campeador, and into that later but once vigorous speech which gave us the rimes of Wace and the prose of Joinville, and which still lives in so many of the statutes and records and legal formulae of our own land. In truth, as the full meaning and greatness of the Roman history cannot be grasped without a full understanding of history as a whole, so the history of Rome is in itself the great example of the oneness of all history. The history of Rome is the history of the European world. It is in Rome that all the states of the earlier European world lose them- selves; it is out of Rome that all the states of the later European world take their being. The true meaning of 212 THE UNITY OF HISTORY REDE Roman history as a branch of universal history, or rather the absolute identity of Roman history with universal history, can only be fully understood by giving special attention to- those ages of the history of Europe which are commonly most neglected. Men study what they call Greek and Roman history ; they study again the history of the modern kingdoms of England and France. But they end their Roman studies at the latest with the deposition of Augus- tulus ; sometimes they do not carry them beyond Pharsalia and Philippi. Their study of English history they begin at the point when England for a moment ceased to be England : their French studies they begin at some point which teaches them that the greatest of Germans was a Frenchman. In every case, they begin both at some point which leaves an utter gap between their ' ancient ' or ' classical ' and their ' modern ' studies. To understand history as a whole, to understand how truly all European history is Roman history, we must see things, not only as they seem when they are looked at from Rome and Athens, from Paris and London, but as they seem when they are looked at from Constanti- nople, from Aachen, and from Ravenna. In that last-named wondrous city we stand as it were on the isthmus which joins two worlds, and there, amid Roman, Gothic, and Byzantine monuments, we feel, more than on any other spot of the earth's surface, what the history of the Roman Empire really was. It is in the days of the decline of the Roman power those days which were in truth the days of its greatest conquests that we see how truly great, how truly abiding, was the power of Rome. When we see how thoroughly the conquered Roman led captive his Teutonic conqueror, we see how firm was the work of Sulla and of Augustus, of Diocletian and of Constantine. We see it alike when Odoacer and Theodoric shrink from assuming the titles and ensigns of Imperial power, and when the Imperial crown of Rome is placed upon the head of the Frankish Charles. We see it in our own day as long as the cognomen of a Roman family, strangely changed into the official LECT. ROMAN INFLUENCE ON TEUTONIC NATIONS 213 designation of Roman sovereignty, still remains the highest and most coveted of earthly titles. To know what Rome was, to feel how she looked in the eyes of other nations, it is not enough to read the hireling strains in which Horace sends the living Consul and Tribune to drink nectar among the Gods, or those in which Virgil and Lucan bid him take care on what quarter of the universe he seats himself (22). Let us rather see how Rome, in the days of her supposed decay, looked in the eyes of the men who overthrew her. Let us listen to the Goth Athanaric, when, overwhelmed by the splendours of the New Rome, he bears witness that the Emperor is a God upon earth, and that he who dares to withstand him shall have his blood on his own head (23). Let us listen to Ataulf in the moment of his triumph, when he tells how he had once dreamed of sweeping away the Roman name, of putting the Goth in the place of the Roman, and Ataulf in the place of Augustus, but how he learned in later days that the world could not be governed save by the laws of Rome, and how the highest glory to which he now looked was to use the power of the Goth in the defence of the Roman Commonwealth (24). And so her name and power lives on, witnessed in the Imperial style of every prince, from Winchester to Trebizond, who deemed it his highest glory to deck himself in some shreds of her purple ; witnessed too, when her name passes on not only to her subjects, allies, and disciples, but to the destroyers of her power and faith ; when Timour, coming forth from his unknown Mongolian land, sends his defiance to the Ottoman Bajazet and addresses him by the title of the Caesar of Rome (25). But it is not in mere names and titles that her dominion still lives. As long as the law of well-nigh every European nation but ourselves rests as its groundwork on the legislation of Servius and Justinian as long as the successor of the Leos and the Innocents, shorn of all earthly power, is still looked to by millions as holding their seat by a more than earthly right so long can no man say that the power of Rome is a thing of days which are gone by, or that 214 THE UNITY OF HISTORY REDE the history of her twofold rule is the history of a dominion which has wholly passed away. In tracing out the long history of the true middle ages, the ages when Roman and Teutonic elements stood as yet side by side, not yet mingled together into the whole which was to spring out of -their union in treading the spots which hate witnessed the deeds of Roman Caesars and Teutonic Kings many are the scenes which we light upon which make us feel more strongly how truly all European history is one unbroken tale. There are moments when contending elements are brought together in a wondrous sort, when strangely mingled tongues and races and states of feeling meet as it were from distant lands and ages. I will choose but one such scene out of many. Let us stand on the Akropolis of Athens on a day in the early part of the eleventh century of our aera. A change has come since the days of Perikles and even since the days of Alaric. The voice of the orator is silent in the Pnyx ; the voice of the philosopher is silent in the Academy. Athene Promachos no longer guards her city with her uplifted spear, nor do men deem that, if the Goth should again draw nigh, her living form would again scare him from her walls (26). But her temple is still there, as yet untouched by the cannon of Turk and Venetian, as yet unspoiled by the hand of the Scottish plunderer. It stands as holy as ever in the minds of men ; it is hallowed to a worship of which Iktinos and Kallikrates never heard ; yet in some sort it keeps its ancient name and use : the House of the Virgin is the House of the Virgin still. The old altars, the old images, are swept away ; but altars unstained by blood have risen in their stead, and the walls of the cella blaze, like Saint Sophia and Saint Vital, with the painted forms of Hebrew patriarchs, Christian martyrs, and Roman Caesars. It is a day of triumph, not as when the walls were broken down to welcome a returning Olympic conqueror; not as when ransomed thousands pressed forth to hail the victors of LECT. TRIUMPH OF BASIL THE SECOND AT ATHENS 215 Marathon, or when their servile offspring crowded to pay their impious homage to the descending godship of Demetrios (27). A conqueror comes to pay his worship within those ancient walls; an Emperor of the Romans comes to give thanks for the deliverance of his Empire in the Church of Saint Mary of Athens. Roman in title, Greek in speech boasting of his descent from the Mace- donian Alexander and from the Parthian Arsakes, but sprung in truth, so men whispered, from the same Slavonic stock which had given the Empire Justinian and Belisarius fresh from his victories over a people Turanian in blood, Slavonic in speech, and delighting to deck their Kings with the names of Hebrew prophets (28) Basil the Second, the Slayer of the Bulgarians, the restorer of the Byzantine power, paying his thank-offerings to God and the Panagia in the old heathen temple of democratic Athens, seems as if he had gathered all the ages and nations of the world around him, to teach by the most pointed of contrasts that the history of no age or nation can be safely fenced off from the history of its fellows (29). Other scenes of the same class might easily be brought together, but this one, perhaps the most striking of all, is enough. I know of no nobler subject for a picture or a poem. We might carry out the same doctrine of the unity of history into many and various applications. I have as yet been speaking of branches of the study where its oneness takes the form of direct connexion, of long chains of events bound together in the direct relation of cause and effect. There are other branches of history which proclaim the unity of the study in a hardly less striking "way, in the form of mere analogy. Man is in truth ever the same ; even when the direct succession of cause and effect does not come in, we see that in times and places most remote from one another like events follow upon like causes. European history forms one whole in the strictest sense, but between European and Asiatic history the connexion is only 216 THE UNITY OF HISTORY REDE occasional and incidental. The fortunes of the Roman Empire had no effect on the internal revolutions of the Saracenic Caliphate, still less effect had they on the momentary dominion of the house of Jenghiz or on the Mogul Empire in India. Yet the way in which the European Empire and its several kingdoms broke in pieces has its exact parallel in those distant Eastern monarchies. After all real dominion in the West had passed away from the New Rome, Gothic and Prankish Kings bore themselves as lieutenants of the absent Emperor. It was by Imperial commission that Ataulf conquered Spain and that Theodoric conquered Italy, and Odoacer, Chlodwig, and Theodoric him- self, bore the titles of Consul and Patrician, no less than Boetius and Belisarius. So in later times we see the Duke of the French at Paris owning a nominal homage to the King of the Franks at Laon, and at the same time attacking, despoiling, leading about as a prisoner, the King whom he did not dare to deprive of his royal title (30). We see Princes Aquitaine and Toulouse so far vassals of the King of Laon as to date their charters by the years of his reign, but not caring to speak a word for or against their master in his struggle with their rebellious fellow-vassal. We see in times far nearer to our own a Roman Emperor and King of Germany addressed in terms of the lowliest homage, and served, as by his menial servants, by princes some of them mightier than himself, princes who never scrupled to draw the sword against a Lord of the World who, as such, held not a foot of the earth's surface. We see the parallels to this when the dominion of Jenghiz is split up into endless fragments which still remember the name of their lawful sovereign. It is brought in all its fulness before our eyes when the Emir Timour, scrupulously forbearing to take on him any higher title, thus far respects the hereditary right of the Grand Khan who follows him as a single soldier in his army (31). We see it when every Moslem prince who has grasped any fragment of the old Saracenic Empire dutifully seeks investiture from the Caliph of his own sect LECT. HOW TO STUDY GREEK AND LATIN LANGUAGES 217 when Bajazet the Thunderbolt stoops to receive his patent as Sultan from the trembling slave of the Egyptian Mame- lukes, and when Selim the Inflexible obtains from the last Abbasside a formal cession of the rank and style of Com- mander of the Faithful (32). We see it in events which have more nearly touched ourselves. We see it in the history of our own dealings with the land where we won province after province from princes who owned a formal allegiance to the heir of Timour. We see it in the way in which we ourselves have dealt with the heir of Timour him- self, first as a pampered pensioner, lord only within the walls of his own palace, and at last as a criminal and a prisoner, sent to a harder exile than that of Glycerins in his bishop- rick or of the last Merwing in his cloister. One word more. The fashion of the day, by a not un- natural reaction, seems to be turning against ' ancient ' and ' classical ' learning altogether. We are asked, What is the use of learning languages which are ' dead ' ? What is the use of studying the records of times which have for ever passed away? Men who call themselves statesmen and historians are not ashamed to run up and down the land, spreading abroad, wherever such assertions will win them a cheer, the daring falsehood that such studies, and no others, form the sole business of our ancient Universities. They ask, in their pitiful shallowness, What is the use of poring over the history of ' petty states ' ? What is the use of studying battles in which so few men were killed as on the field of Marathon (33) ? In this place I need not stop for a moment to answer such transparent fallacies. Still even such falsehoods and fallacies as these are signs of the times which we cannot afford to neglect. The answer is in our own hands. As long as we treat the language and the history of Greece and Rome as if they were something special and mysterious, something to be set apart from all other studies, something to be approached and handled in Home peculiar method of their own, we are playing into the 218 THE UNITY OF HISTORY REDE hands of the enemy. As long as we have ' classical ' schools instead of general schools of language, as long as we have schools of 'modern' history instead of general schools of history (34), as long as we in any way recognize the distinc- tions implied in the words 'classical' and 'ancient,' we are pleading guilty to the charge which is brought against us. We are acknowledging that, not indeed our whole attention, but a chief share of it, is given to subjects which do stand apart from ourselves, cut off from all bearing on the intellect and life of modern days. The answer to such charges is to break down the barrier, to forget, if we can, the whole line of thought implied in the distinctions of ' ancient,' ' classical/ and ' modern,' to proclaim boldly that no languages are more truly living than those which are falsely called dead, that no portions of history are more truly ' modern ' that is, more full of practical lessons for our own political and social state than the history of the times which in mere physical distance we look upon as 'ancient.' If men ask whether French and German are not more useful languages than Latin and Greek, let us answer that, as a direct matter of parentage and birth, it is an imperfect knowledge of French which takes no heed to the steps by which French grew out of Latin, and that it is an imperfect knowledge of Latin which takes no heed to the steps by which Latin grew into French. Let us answer again, not as a matter of parentage and birth, but as a matter of analogy and kindred, that it is an imperfect knowledge of German which takes no heed to the kindred phaenomena of Greek, and that it is an imperfect knowledge of Greek which takes no heed to the kindred phenomena of German. If they ask what is the use of studying the histories of petty states, let us answer that moral and intellectual greatness is not always measured by physical bigness, that the smallness of a state of itself heightens and quickens the power of its citizens, and makes the history of a small commonwealth a more instructive lesson in politics than the history of a huge empire. If we are asked what is the use of studying the events and LKCT. PRACTICAL STUDY OF ANCIENT HISTORY 219 institutions of times so far removed from our own, let us answer that distance is not to be measured simply by lapse of time, and that those ages which gave birth to literature, and art, and political freedom are, sometimes only by analogy and indirect influence, sometimes by actual cause and effect, not distant, but very near to us indeed. Let us give to the history and literature of Greece and Rome in their chosen periods their due place in the history of mankind, but not more than their due place. Let us look on the ' ancients,' the men of Plutarch, the men of Homer, not as beings of another race, but as men of like passions with ourselves, as elder brethren of our common Aryan household. In this way we can make answer to gainsayers ; in this way we can convince the unlearned and unbelieving that our studies are not vain gropings into what is dead and gone. Let us carry about with us the thought that the tongue which we still speak is in truth one with the tongue of Homer ; that the Ekklesia of Athens, the Comitia of Rome, and the Parlia- ment of England, are all offshoots from one common stock ; that Kleisthenes, Licinius, and Simon of Montfort were fellow-workers in one common cause let all this be to us a living thought, as we read the records either of the earlier or of the later time and we shall find that the studies of our youthful days will still keep an honoured place among the studies of later life, that the heroes of ancient legend, the worthies of ancient history, lose not, but rather gain, in true dignity by being made the objects of a reasonable homage instead of an exclusive superstition. NOTES (1) Page 4. Max Miiller, Oxford Essays, 1856, p. 27. "The English name for ' mill ' is likewise of considerable antiquity, for it exists not only in the O. H. G. muli, but in the Lithuanian nialunas, the Bohemian mlyn, the Welsh rnelin, the Latin mola, and the Greek p,v\r]." Supposing the word not to be found beyond the Western branch of the Aryan family, it still seems quite impossible that the word could have got into these various languages by any means but that of original kindred. Examples of wider range might have been found ; but this has the example of being so perfectly clear, and of needing no philological practice to see the likeness between the different cognate words. (2) Page 6. The connexion between the Greek Char is and (Jharites and the Sanscrit Harits is discussed by Miiller, Science of Language, ii. 369-376, 381-383; Cox, Aryan Mythology, i. 48, 210 ; ii. 2. Mr. Cox, as usual, goes somewhat further than Professor Miiller. I can see no difficulty in looking on the Greek word x ^ 15 an< ^ *ks Greek cognates as sprung from the same original root ykar as the Sanscrit Harits and their Sanscrit cognates, and at the same time believing that the mythological CJtaris and Ckarites arose after the appellative x^P L< had received its particular Greek meaning. Charis and the Charites would thus be strictly personifications, like the other personifications compared with them in the text. The Harits and the Charite* have thus a connexion, the general connexion which exists between any two words sprung from the same root. I cannot see with Mr. Cox (i. 210) that we are bound to see the same kind of connexion between them which there is between Dyau* and Zeus. 222 NOTES ON (3) Page 7. The solar theory has undoubtedly been pressed too far ; on the other hand, it has been made the subject of a good deal of jesting which is much more foolish than any possible vagaries of the theory itself. The true rule seenis to be this ; it is not safe to set down as a solar myth every story which, by some ingenious process, may be made to fit in with the requirements of a solar story. I believe that this might be done with a little trouble with almost every tale in history or fiction. I have myself tried (see Fortnightly Review, November, 1870) to do as much with the story both of Harold Hardrada and of Harold the son of Godwine. One might argue that Augustus the Strong was a solar hero, on the strength of the 360 children whom he is said to have left behind him. These might fairly pass for the days of the year, all the more so as the most famous of them was undoubtedly the son of Eos or the Morning, in the person of Aurora von Kb'nigsmarck. Many of the solar explanations which have been put forth seriously seem to me to be of exactly the same kind as these sportive ones. The case is changed when philology comes to the help of mythology, and when the names and epithets of the hero and his attendants show beyond doubt that the story is solar. This is the distinction which is more than once drawn by Professor Miiller. Thus the solar character of Phoibos-Apollon runs through every detail. But I cannot see the same evidence for the solar character of Achilleus and Odysseus. (4) Page 9. For the happy name " survivals " we have to thank Mr. Tylor. No line of argument can well be more con- vincing, and it will be seen that in other lectures I have made a large use of it for my own purposes. (5) Page 9. Miiller, Science of Language, i. 223-226. (6) Page 10. Let the science rather go nameless than bear the burthen of such a name as, for instance, Sociology. (7) Page 14. See Growth of the English Constitution, 92, ed. ii. It can hardly be needful .to expose for the thousandth time either the notion that the Three Estates are King, Lords, and Commons, or the silly joke of calling the newspapers the Fourth Estate. LECTURE 1 223 (8) Page 14. See Growth of the English Constitution, 96, 98. (9) Page 16. I must confess that I say this at second hand, as I have not studied the Crusading Jurisprudence for myself. But it is plain that in no other time or place was there the same opportunity for bringing in a system of Feudal Law if any one likes the phrase, of introducing the Feudal System which was supplied by the Frank Conquest of Palestine. Elsewhere feudal notions gradually grew up, and they gradually spread from one country to another. Thus in England the feudal ideas, which were already growing up before the Norman Conquest, were greatly strengthened and put into shape through the Norman Conquest. But there was nothing like the bringing in of a wholly new jurisprudence at a single blow. In Palestine, on the other hand, where of course Mahometan law and custom went for nothing, the Crusaders had the opportunity of legislating afresh from the beginning, and the most perfect of feudal codes was the natural result. The lands conquered from the Eastern Empire by the Crusaders and other Western adventurers, from Apulia to Cyprus, offered a field for feudal legislation only one degree less open than the lands conquered from the Mahometans. The Assizes of Jerusalem themselves became the law of the Kingdom of Cyprus, whose Kings of the House of Lusignan con- tinued the nominal succession of the Kings of Jerusalem. See Gibbon, c. Iviii. vol. xi. p. 91, ed. Milman. (10) Page 17. The magistrates were called in Romance Capitouls. The name Cajritolium is graven in large letters on the front of the building itself, a building of no great age. I have not specially studied the local history of Toulouse, but I can hardly think that the Capitouls, whatever we make of the Capitolium itself, can be a direct inheritance from Roman times. Indeed, according to Thierry (Tiers Etat, ii. 1, Eng. Trans.), the Consuls of Toulouse were only established in 1188. There was also a Capitol at Ktiln, the name of which survives in the church of Saint Mary Capitoline. (n) Page 18. I learned this from an inscription in the church of Saint Salvi at Alby. The style is " major et consules." On the consular governments in the cities of Southern Gaul see the chapter 224 NOTES ON of Thierry just quoted. He speaks of the Mayor as an addition to the original consular government which came in first in the Aquitanian cities under Norman or English rule. (12) Page 19. On the modern corruption of the German language I have said something in my second series of Historical Essays, p. 269. (13) Page 20. See Forsyth, History of Ancient Manuscripts, p. 25. (14) Page 20. I said something on this matter many years ago in the two first chapters of the First Book of my History of Architecture; but I should not now talk about "Pelasgian." (15) Page 21. See History of Federal Government, i. 319. (16) Page 21. See Historical Essays, First Series, 401- 405. LECTURE II II (1) Page 25. See the remarks of Grote, ii. 289-302, on the effects of the geographical character of Greece on its history. See also the first chapter of Curtius, especially the remarkable passage at page 13 : "Euphrat und Nil bieten Jahr um Jahr ihren Anwohnern dieselben Yortheile und regeln ihre Beschaftigungen, deren stetiges Einerlei es mb'glich macht, dass Jahrhunderte iiber das Land hingehen, ohne dass sich in den hergebrachten Lebensver- haltnissen etwas Wesentliches andert. Es erfolgen Umwalzun- gen, aber keine Entwickelungen, und mumienartig eingesargt stockt im Thale des Nils die Cultur der Aegypter ; sie zahlen die einformigen Pendelschlage der Zeit, aber die Zeit hat keinen Inhalt ; sie haben Chronologic, aber keine Geschichte im vollen Sinne des Worts. Solche Zustiinde der Erstarrung duldet der Wellenschlag des agaischen Meeres nicht, der, wenn einmal Verkehr und geistiges Leben erwacht ist, dasselbe ohne Stillstand immer weiter fiihrt und entwickelt." (2) Page 26. The second chapter of Curtius and the appendix to the first volume should be read. But I see no reason to doubt the received version, which makes European Hellas the mother- land of the Asiatic Hellenes. (3) P ft g e 26. Of the Phoenician occupation of the islands there seems no doubt. See Thucydides, i. 8 ; Hero- dotus, iv. 147. Thasos, with its gold mines, is a well-known case ; the authorities are collected in the article on Thasos in the Dictionary of Geography. I venture to think that the Homeric Catalogue might enable us to draw a map of the islands as far as they had been already wrested from Phoenician and other pra> NOTES ON Hellenic occupants. It appears from vv. 645-680 that Crete, Rhodes, Kos, and several other of the southern islands, were already Hellenic, though the language used of Rhodes would seem to imply that the Hellenic settlement had been made not very long before. Chios and Samos were clearly not yet Hellenic, and Lesbos is a conquest of Achilleus himself. (Iliad, ix. 271.) The Hellenes were doing in these islands in prse-historic times what they afterwards did in Sicily and Cyprus. They were fighting the battle of the Aryan against the Semitic man ; and all the more so because the Phoenicians had doubtless established themselves in all these islands, except perhaps Cyprus, at the cost of Sikels, Karians, and other nations more or less akin to the Greek. (4) Page 26. See Historical Essays, Second Series, p. 90. (5) Page 26. The exact limits of Greek colonization should be noted. It spread gradually over the whole coast of the Mediter- ranean Sea and its great gulfs, except when there was some mani- fest hindrance. Thus, on the eastern and southern coasts of the Mediterranean the Greeks were cut off from colonization by the presence of Phoenicians and Egyptians, except in the lands between Egypt and the Carthaginian dominions, which did receive Greek colonies in the form of the Kyrenaic Pentapoli?. It will be at once seen that, while no part of the Mediterranean coast was more thickly set with Greek colonies than Southern Italy, Northern Italy contained few or none. The Greek origin of Pisse on the one coast and of Spina on the other is at best doubtful, and in no case did they play any part as Greek cities worthy to be compared with the famous cities which won the name of Magna Grsecia. This plainly shows that, in the days of Greek colonization, the occupants of Northern Italy Etruscan, Gaulish, Umbrian, or Latin were much stronger than those whom the Greek colonists found in the South. Another point to notice is that Greek colonization succeeded best in those lands where the former inhabitants were more or less closely akin to the Greeks. Thus Sicily and the ^Egsean coast became really Greek countries, while in Libya and on the Euxine the Greek colonies always remained mere scattered settlements in a barbarian land. LECTURE II 227 (6) Page 26. Notwithstanding all that has been said about Egypt and the East, I see no more reason than I did five-and- twenty years ago to derive the origin of Greek architecture from any barbarian source. The Ionic capital indeed may perhaps come from the East. But if so, the Greeks made it thoroughly their own, and they were the first to give it any form which, in the words of the text, really deserved the name of art. (?) P a g e 26. That is of course the Ki-iJ/xa es del of Thucy- dides himself (i. 22). The fact that such a history as that of Thucydides could be written at such an early stage of prose literature is in itself one of the greatest facts in Greek or in human history. The man himself was of course above his con- temporaries ; but in no other contemporary society could room have been found for such a man. I may refer to the third Essay in my second series of Historical Essays. (8) Page 27. I have said something on this head in the fifth and sixth essays of the same series. But the real witness to the lasting results of Alexander's career is to be found in the Histories of Mr. Finlay. An inhabitant of modern Athens seeks to trace out the causes of the state of things which he sees around him and of the events in which he had himself played a part, and he has to go back to the conquests of Alexander as his beginning. (9) Page 27. It must always be remembered that, till the modern Hellenic revival, the name of "EXAijv was altogether unknown as the name of the Greek nation. All through Byzan- tine, Frank, and Ottoman times, their one name was 'Pwpaioi Romans by virtue of the unrepealed law of Antoninus Caracalla. (10) Page 27. I accept the legend so far as this, that it expresses, in a legendary form, a policy by which Rome grew from the beginning the policy of incorporation. (i i ) Page 28. " The reign of Ctesar and of Christ was restored," says Gibbon (c. Hi., vol. x., 86, Milman), in recording the recovery of Antioch by Nikephoros Ph&kas. This exactly expresses the state of the case. 228 NOTES ON (12) Page 28. The phrase of "Urbs aeterna " is common in Ammianus. See xiv. 6, and a note of Lindenbrog for other instances. (13) Page 29. I believe that there are still people perhaps those who talk about " Goths, Huns and Vandals " as if they were all the same who fancy that the Goths were destroyers. Let them study the famous passage of Cassiodorus (vii. 15) ; only let them not fancy that the description there given has anything to do with Gothic architecture in the technical sense. (14) Page 29. See Growth of the English Constitution, p. 9, ed. 2. (15) Page 30. It should always be remembered that the three Scandinavian kingdoms, like the two Nether-Dutch kingdoms of Belgium and the Netherlands, were among the few European states which passed undisturbed through the storms of 1848. From 1660 to 1848 Denmark was the one country where despotism was really lawful; and in 1848 Frederick the Seventh had, as his first act, given his people a constitution of his own free will, before revolutions had began elsewhere. The wars and negotiations which have gone on since 1848 have had nothing to do with the state of Denmark itself, but wholly with its relations to the two border Duchies. And it should be further remarked that the discontent in those Duchies came to a head at the very moment of the proclamation of free institutions in Denmark. The cause is obvious. Under the despotism Kingdom and Duchies fared alike, and there were even times when the German element seemed to be preferred to the Danish. In a Parlia- ment representing both the Kingdom and the Duchies the German element would always have been out-voted. The like would be the case with the Romance Cantons of Switzerland, if their equality as sovereign States did not protect them. Hence the strong opposition of those Cantons to the proposed changes in the Federal Constitution. (16) Page 30. I assume this here; I have gone more fully into the matter in my Growth of the English Constitution, of which this position is the main argument. LECTURE II (17) Page 30. For Alfred's description of the modest way in which he laid his laws before his Witan, see Norman Conquest, i. 51. (18) Page 30. See Growth of the English Constitution, 34. (19) Page 30. I have elsewhere collected some instances of the notion of Britain as another world (Norman Conquest, i. 556). It may be well to give some more instances from earlier writers. The form of speech begins with YirgiFs " Penitus toto divisos orbe Britannos." (Eel. i. 67.) So Velleius (ii. 46) speaks of Caesar as going into Britain, " alterum pene imperio nostro ac suo quaerens orbem." Lucan probably means the same thing less directly, when he speaks (ii. 294) of " diductique fretis alio sub sidere reges." So Florus (iii. 10) : ''Quasi hie Romanus orbis non sufficeret, alterum cogitavit." (We hear again of " Romanus orbis " and even of " Imperator Romani orbis," in Vopiscus, Aurelian, 26, 28.) So Jornandes (11) also speaks of Csesar : " Pene omnem mundum suse ditionis subegit, omnia- que regna perdomuit, adeo ut extra nostrum orbem in Oceani sinu repositas insulas occuparet." So elsewhere (5) he opposes " Britannia "to " noster orbis." "We find the same way of speaking in Greek authors also. Josephus (Bell. Jud. ii. 16, 4) makes Agrippa, when enlarging on the Roman power, say, (TKt{f/a.(r6f Be Kal TO TSprrravwv ret^os, ol TOIS 'lepocroXv/nwv rct'^eo-t 7re7roi$OTs' Kal yap eKfivovs Trepi(3t(3\rjfj.fvov<; wKcavov Kal T>}S KO.&' 17/z.as oucov/ioo;? OVK f\d(T(rova vf)(rov oiKovvras, TrAerrraiTes eSouAoxrajro 'Paj/xaiot. So Plutarch, Cajsar, 23, Trpo-ujyayev e^w TT}? oiKou/AeVr/s TTJV 'Pw/xaiW rjyfp.oviav. Dion, on the other hand (Ixii. 4), puts language of the same kind into the mouth of Boadicea : Tocyapovv vf)(Tov Tr)\iKavrr)v, paXXov 8' rpretpov Tpwrrov TWO. TTfpippvTov, ve/xd/Aevot, Kal l&iav oiKOVfj.evT]v C^OITC?, Kal Tfxrovrov VJTO TOV ceavoi5 atfr' aTrai^rojv TWV aAAaiv dv^poi/Triov d BuavTi'w /Jao-iAecov TO TOIOUTOV aTreo-prjKt e$os), this was now the case no longer. One of the oddest forms of the dispute is when the Council of Basel in 1437 addresses the Emperor John Palaiologos as " Imperator Romeeorum" (Letters of Thomas Beckington, ii. 19, et al.). I conceive that this use of the Greek form was to avoid calling him " Imperator Romemorum " ; somewhat in the same way as I have known strict Anglican theologians who would not have called the ecclesiastical Establishment of Scotland a Church, according to the Saxon pronunciation, but who had no scruple against calling it by the Anglian or Danish form Kirk. In an earlier letter in the same series (i. 285) Richard the Second addresses Manuel Palaiologos as " Imperator Constantinopoli- tanus." (23) Page 32. Besides the important part which the Servians and Bulgarians for the Bulgarians may be practically reckoned as a Slavonic people played in the affairs of the Eastern Empire, the modern history of Russia is very like its history in the ninth and tenth centuries acted over again. Then, as in later times, Russian fleets covered the Euxine and threatened Constantinople. A variety of causes, crowned by the Mogul in- vasion in the thirteenth century, broke up the Russian power and directed its chief energies elsewhere. The wars of the Russians with their Tartar enemies, and their final recovery of the Euxine coast, form the exact parallel to the advance of the Christians in Spain and the recovery of Granada. And besides Russia, we must remember the great European position held by Poland under the House of Jagellon in the fifteenth and sixteenth centuries. (24) Page 33. All these stories are familiar from the legend- ary history of Rome in the first book of Livy and elsewhere. It is hard to say how far they are strictly native Italian legends, how far they were devised after the Romans had become familiar with Greek literature. The story which makes Numa a pupil of LECTUEE II 233 Pythagoras is of course only an unlucky guess, the chronological absurdity of which is exposed by Livy himself. (25) Page 33. Tacitus, Germania, 3 : " Fuisse apud eos et Herculem memorant, primumque omnium virorum fortium ituri in prcelia canunt .... Ceterum Ulyssem quidani opinantur, longo illo et fabuloso errore in hunc Oceanum delatum, adisse Germanise terras, Asciburgiumque, quod in ripa Rheni situm hodieque incolitur, ab illo constitutum nominatunique. Aram quinetiam Ulyssi consecratam, adjecto Laertaj patris nomine, eodem loco olim repertam, monumentaque et tumulos quosdam, Graecis litteris inscriptos, in confinio Germanic Rha?tia?que adhuc exstare ; quaj neque confirmare argumentis, neque refellere in animo est : ex ingenio suo quisque demat, vel addat fidem." (26) Page 34. I have here tried to bring together a few of the most obvious words which all, or many, of the Aryan lan- guages have in common. On timber and ear see Miiller, Oxford Essays, 1856, 25-27. The former word, in the form timbrian, is the word commonly used in Old-English for building, whatever be the material used. So Cnut " ferde to Assandune and let timbrian ftar an mynster of stane and lime ; " and so Eadward "getimbrode " the West Minster itself. (From the etymological connexion of this word with timber some people have oddly argued that all buildings built in England up to sunset on St. Calixtus' Day, 1066, must have been made of wood.) Tame, hound, deer, the two latter of which are words which have come down from a wider to a more special meaning, are good examples of common Aryan words. The bull I was thinking of him in his noblest office, as furnishing the standard and the war-horn of Uri does not appear by that name in Greek or Latin, but I believe that he is to be found in the primitive speech of Lithuania. One may doubt too whether the name of the lion is to be looked on as wholly borrowed from the South ; the beast himself is certainly a genuine European animal, whose " reti-eat " has been traced out by a happy union of historical and physical evidence in the hands of Mr. Dawkins. (27) Page 34. With the words of Herodotus (ix. 62) before us Xij/iiaTi fjiiv wv KOI (H>>fJ-y owe eovroves 7/ fiev TO. Orjv, ? TOCTOVTOV 8e p.f/a\o\l/v^ia avSpe We are apt to look upon the West-Gothic kingdom as some- thing specially Spanish. But, till the conquest of Aquitaine by Chlodwig, it was at least as much Gaulish as Spanish. The Gothic capital was the Gaulish Tolosa ; and there were more truly " no Pyrenees " then than at any time before or since. (34) Page 36. Jornandes, 36. "A parte vero Romanorum tanta patricii Aetii providentia fuit, cui tune innitebatur respub- lica Hesperise plagse, ut undique bellatoribus congregatis adversus ferocem et infinitam multitudinern non impar occurreret. His enim adfuere auxiliares Franci, Sarmatse, Armoritiani, Litiani, Burgundiones, Saxones, Riparioli, Ibriones, quondam milites LECTURE II 237 Romani, tune vero jam in numero auxiliariorum exquisiti, alite- que nonnullse Celticse vel Germanicse nationes." There is something very strange in the appearance of the Sarmatians ; but it is not for me to dispute the assertion of the historian that they were there, especially as it is convenient for my argument that they should have been there. The grievous thing is that in this great struggle between Aryan and Turanian men, there were Aryans, Teutons, Goths, on the Turanian side. (35) Page 37. On Alaric's march to Athens, see Zosimos, v. 6. (36) Page 38. On the influence of Massalia on the neigh- bouring Gauls, see Strabo, iv. 1. His words are very strong: fiv ' ev 8f T<3 Trapovrt Kal TOVS yva>pi/x.a>raTOvs TreTrctKCV, aWl TT/S eis 'A^vas aTroS^/iias fKei&e oira.v iXofia6ei av a/xeivov r] TToXtreta fJ^x^V TOCTOVTU) So, at an earlier stage of his argument (ii. 6), he says, p.ev ovv Aeyovcnv o>s Set TTJV apLO-rrjv TroXtrccav e cbracraiv cTrat Ttav TToXiTeitav p.fj.Lyp.fvrjv, Sio KO.I TTJV TU>V AaxeSat^ovtov hraivovcriv' and he goes on to describe the way in which the three forms of government were held to be united in the constitution of Sparta. Isokrates too, throughout the Areiopagitic and Panathenaic dis- courses, where the object is to contrast what he looks on as the corrupt democracy of his own time with the truer democracy of a past time (CKCIVTJV TTJV 8r/fj.oKpaTiav, r)v 2oA.V e avrov yeyovdrtov ov&eva fj.tTfXiirev iSiomKOis ovo/icuri irposayopevo/Aevov, dAAa TOV /xev /JacriAca KaX.ovp.evov, TOVS oe am/eras, ras oe aVacrcras. (41) Page 44. See Growth of the English Constitution, 32, 171, and below. (42) Page 45. The Old-English rice, the same as the High- Dutch reich, seems now to survive only in the ending of the word bis/iopric ; but in Northern English cynerice, in various .spellings, went on till a very late time. Ricsian, ri&ian, is the Old-English verb = reyere. (43) Page 45. See Max Miiller, Oxford Essays, p. 24, and see below, note 64 on Lecture IV. (44) Page 45. Massmann (Ulfilas, 728) explains the Gothic reiks by "ein Machtiger, Oberster, Herrscher; vornehm, angesehen, machtig." (45) Page 46. The Athenian ^Xiat'o, which Greek etymolo- gists (see Suidas in ^Aiatm/s) were tempted to connect with T/Aios, is of course the same word as dAt'o, connected with O.A.T/S and other kindred words. (46) Page 46. On the various names, dyopa for one of them, by which the Achaian Federal Assembly is called by Polvbios, see History of Federal Government, i. 263. 240 NOTES ON (47) Page 46. The Latin frater and English brother seem at first sight to have no Greek cognate, as its place in the literal sense has been usurped by dSeApa.Tr)p or Qpartap, to express a member of one of the union of yentes known as pa.rpai or tftparpiai, of which I have said more at p. 66. It might almost be in either sense that Nestor (Iliad, ix. 63) uses the negative word ; i>S iro\f/j.ov tparat But when in ii. 362 he bids Agamemnon Kpiv' &vSpas Kara. v\a, Kara p'tiTpriiv apyyr), v\a 5e v\ois' we could not better express KO.TO. vXa, Kara prjTpaV dptarwv a7rXu>s KCIT' dper/v iroXireiav, KOL fj.i] Trpos viroOea-iv TWO. dya0a>v avSpoov, fj.6vrjv SIKCUOV Trposayopeueiv dpioroKpcm'av, distinctly shuts out any such vrro^tVa? dya#a>v dvSpuiv as age, wealth, or birth. But he clearly feels that such a government of the actually best is something merely ideal ; and he seems to hold the best form of government to be that form of TroAtrcta his TroXtrcta being the same as the 8r)p.oKpa.Tia of Polybios and others (see Growth of the English Constitution, p. 166) which leans towards aristocracy. In this offices are filled by election and not by lot, and they are filled with regard not to riches only but to merit : OTTOV ye fir] //.oi/ov TrXovTivSrjv dXXa KCU dpiorivSr/v aipowrai ras dp^as. Aristocracy, in Aristotle's idea, was something wholly distinct from oligarchy, the government of the few, the government of mere wealth or birth, without regard to merit. Still the tendency of even the ideal aristocracy would unavoidably be to give predominance to birth and wealth ; for, without ruling whether there is or is not such a thing as strictly hereditary capacity, it is certain that some kinds of capacity, especially political capacity, are not^ only likely to be more easily recognized, but are likely really to be thicker on the ground where birth and wealth afford special opportunities for their culture. Aristotle's definition of evyeVeia is dp^atos irXovros KCU aperr) (iv. 8, 9), and again (iii. 13, 3), evyeveid eortv ape-ri] ycvovs : oligarchy, the corruption of aris- tocracy, looks only to birth or wealth without regard to merit. So, to turn to a writer of a time when all questions about aristocracy and democracy had become mere speculative talk, Dion Chrysostom, in his discourses addressed to Trajan, has his definition of aristocracy and of oligarchy. He follows Aristotle in LECTURE III 243 the doctrine of the three forms of government, each of which has its corruption, and he thus defines aristocracy (i. 47) : Sevrepa 8f dpio-TOKparia KaXovfjifvi) ovre evos ovre iroAAwv TIVMV, dAAa oAtyujv TWV apiovtov -rjyovfjifvwv, TrXeiov aTre^pvcra 77877 TOV Suvarou xat TOU s. He then defines oligarchy as oXtyap^i'a, (r/cX^pa KCU 7rA,eoveia, TrAoucriW nvuiv KCU Trovr/paiv oA,iy7roTpav avrots Ofa~6ai Trposrjyopiav 7TiTa fj.rj TTOLflv yvw/>n;v \LIOV aTravTCDV xvpiav, dAAa Sucriv tTrtTpeVeiv dvSpao-i TT}V (3a.oinjo~fo~iv, opyto'fois TTOrt' O.$AlU)TaTOUS ?V(U TOt'S "EAA^VaS, OTl f3ap(3dpOVS KoXa.KfVOVO~LV dpyvptov, acr/ccov TC, rjv o-tafrf) ot/ca8e, /cara ye TO avrai ovvarov ' A.&r)va.tovs /cat Aa/ceSai/jtovious, aTreVAevo'cv es MiA^rov. i. 6. 14. KaAAi/cpaTi'Sas OVK *<$>?), tavrov yc ap^ovros, ovoeva 'EAA^vtov es TOVKCIVOV Srvarov a (u) Page 54. The whole argument of Aristotle assumes that the commonwealth will be a city, and neither more nor less neither a mere village nor yet a nation. The three are contrasted together in several places. Thus we read in the Politics (ii. 2, 3) Sioitrci 8e TO> TOIOVTW /cat TroAts eOvovs, orav fj.rj Kara /cw/xas UMTI K^wpurp-fvoi TO Tr\rjdo 'Hpo.KA.eous 7reV fj.as. He goes on to speak of those /UUTOIKOI who, by the terms of special treaties, enjoyed special rights, the connubium and commercium or any others. ov&' ol roiv SiKai OITWS OJSTC Kai &IKTJV vTTC^ttv Kal 8iKaccr$ar TOVTO yap rots a7ro s ol fu'roiKoi /xcre^orcra', uAAa avdytaj irpoa-rdnjv. This last is the well-known disqualifica- tion of the fjitToiKot at Athens, which forbade them from suing in any court in their own names, and required them to appeal- through a citizen patron. (29) Page 58. Something of this kind happened at some stage or other of the history of most Grecian cities. I quote 254 NOTES ON the most illustrious case of all (Arist. Pol. iii. 2, 3) : ocroi p.fTa/3oXf}<; ycvofJifvrp; TroXtrctas, otov ' AOrjvrfo-LV eiroirja-f fj.fTa TTJV TOV rvpawdiv tK^oXrfV rroAAovs yap ev\cTfv(rc /cai SovAovs jtieToiKovs. TO o dfJLicr(3i^Tr]fj.a Trpos TOVTOUS ecrrtv ou rt's 7rO\tT7/S, (30) Page 58. Take the case of the orator Lysias at Athens, a yu,ToiKos who had shown himself as good an Athenian patriot as if he had come in a straight line from Erechtheus, who first had full citizenship voted to him, and then lost it on the ground of an informality in the vote. Photios 262 (p. 490, Bekker) ; ypd(f>ei fj.fv p-era TYJV itdOoSov paa"u(3ovXo<; iroXiTfiav avr<3, 6 Sc S^/xo? TT/V Scopeav. 'Ap^ivos Se, 8ia TO aTrpoftovXevrov ct?a^6^vat TO ypa a\\ai>Tos t KCU TW irarep' iii>Ti/36\fi &o-r)Btiv rfi irdrpa. We hear much more of this in later times. In oligarchic Sparta the grant of citizenship was of course far more rare and precious than in democratic Athens. Yet we find an instance in Herodotus (ix. 33) where the full Spartan citizenship is granted to the Eleian prophet Tisamenos and his brother Hegias. But the story shows how rare such a favour was, and with what difficulty the Spartans brought themselves to grant it : STrapTi^rai 8 irpwra fiev aKovcravres Sciva roievvTO. There is a later instance in the case of Dion of Syracuse LECTURE IIT 255 (Plutarch, Dion, 49) which shows how completely such artificial citizenship, when once granted, was looked on as the same thing as citizenship by birth. Herakleitos sets up Gaisylos as fitter to command the Syracusan forces than Dion, on the ground of his being a Spartan. Dion, who had, like Tisamenos, been admitted to Spartan citizenship, answers o>s elcrlv apxovres t TOIS SvpaKOWtots, et 8e 7raWa>s OCOL /cat STrap-naVou TOIS avros ouros clvai Kara ro&qtrtP yeyovws 2 aprian/s. Compare also the jest of Gorgias of Leontinoi (Arist. Pol. iii. 2, 2) on the ease with which citizens were made at Larissa ; !<>;, KaOd-rrep oA./uous eTvai TOUS VTTO Taiv 6A/AO7roitoJ' 7T7roiT7/Aevov9, orru) *cai Aapitro-at'ovs TOUS VTTO Toiv 8rjfj.tovp-yr)[JLCpov KWfJLV)' /tioAtoTa Se Kara v(rtv ZOIKCV rj Ktafjuj aTroiKia ouct'a? eivai T; 8' K TrXetovwv Kwp.o<;, as Finsbury (Finnesburh), are rarer. These last must of course not be confounded with places which are named after mere mortal owners. These are common enough, but they are not so common among the original Saxon and Anglian settlements as they are among the Danes of Lincolnshire and the Flemings of Pembrokeshire. And, as Kemble points out, the ing form, being so common, has sometimes thrust itself in where it has no right; as Abira/don and Huntm^don for Abbawdun and Huntrmdun. The same patronymic ing, in various shapes, is also found in many Continental names. One most interesting class is that which has been worked out by Bluntschli (Stoats- und Kechts- (jeschichte der Stadt und Landschaft Zurich, i. 25, referred to by Mr. Grote, iii. 16), who shows, by tracing the names through various forms, that the ending ikon, or iken, common in the old LECTURE III 263 Ziirichgau, is a corruption of inghoven ; as Dellikon, for Telling- hoven, exactly answering to our Gillingham and Doddington. Another set will be found in Dithmarschen among the gentes or Gesc/tkchter by whom the land was settled. See the Chronicle of Johann Adolfi, surnamed Neocorus (edited by Dahlmann, Kiel, 1827), i. 224. Some of the names have the ing form, as Dickbolinginanschlecht, Wittingmanschlacht, &c. See also Norman Conquest, i. 562, f. (49) Page 67. On this matter should be read the essay of Mommsen, Die Rijmischen Eigennamen, in his Rinnische Forschungen. But I cannot follow him when he makes the addition of the name of the di'mos at Athens (A^/ioo-flo^s Ar7/*oo-0evot's Ilaiaviei's, for example) equivalent to the nomen or gentile name at Rome. Ilaiavievs is not a gentile name as such. It may happen to be so, inasmuch as many of the d>'nioi answered to gentes ; but in itself it is not gentile but local. Ilaiavievs in truth is not a name at all; it is merely a description, while the gentile name Claudius or Julius is strictly the nomen of its bearer. Except that the membership of the d''mos was strictly hereditary, A^/xocr^c'n;? A^/ioo-^cVovs Ilaiavievs would exactly answer to Morgan ap Morgan of Llanfihangel or to John Johnson of Beckington, at that stage of nomenclature when only the son of a John could be called Johnson, and when the son of Robin Johnson would be called Richard Robinson. A Roman was never described by his local tribe or other local description, unless through the chance of a local description becoming a cognomen, such as Maluginensis and such like. The Athenian again was never spoken of as Ilatavtei's, except as a mere description by which he was introduced. No one would go on saying that AT/^OO-^CK?/? Ilaiavievs, still less that ILuavievs, did so and so ; while we do say in Latin that " Caius Julius," and even that " Julius," did so and so. The arrangement again of the names at Athens and at Rome shows the difference. At Athens a man is AT;/IOCT- 6tvTjs A7;/zcKr0eVovs Tlaiavicvs. At Rome he is not " Caius Lucii filius Julius," but " Caius Julius Lucii films." Then the cognomen, if he have one, is added : " Caius Julius Luoii nlius Cesar." It is the Casar, in short, not the Jiilint, which answers to the Ilatavtcv?. The only difference is that at Athens every man had a demotic name, and the demotic name was 264 NOTES ON necessarily local, while at Rome a man had not necessarily a cognomen, and the cognomen was not necessarily local. The difference is really implied in Mommsen's own remark (p. 7) : " Bei den Griechen schwankt noch das gentilische Ethnikon : es findet sich -evs, -t'S^s, -ios neben einander ; die Italiker, vor allem mit der ihnen eigenen Strenge die Homer haben das Suffix -ius im gentilischen Ethnikon ausschliesslich durchgefiihrt." That is to say, the demotic description, not being a nomen or gentile name, but a legalized local cognomen, takes various endings according to the name of the demos from which it is formed ; the nomen or gentile name, being strictly gentile, take* always the one ending in ius, answering to the Greek i'8>/$ and to the Teutonic ing. Mommsen makes a remark just before (pp. 5, 6) which is striking, and, to say the least, worth looking into. This is that, in such phrases as "Marcus Marci," Arj/zoo-tfeVr/s A^oo-foVous, there was at first no ellipsis olfilius or rios- The name in the genitive case is simply the genitive expressing property ; it is, as he calls it, a Herrenname, pointing out under whose potestas or mund the person spoken of was. That which is ixnder "the potestas may be wife, son, slave, ox, or field, and the formula is the same for all. Ccecilia Marci, Marcus Marci, are the same form (" sprachlich und rechtlich gleichartig ") as ager Marci, or, I suppose, as Marci par. If it be so, it would be woi'th finding out whether the formula which names the grandfather as well as the father, " Caius Julius Lucii filius Sexti nepos," came in through those cases where the father was himself still in the potestas of the grandfather. (50) Page 67. See the passages collected by JSiebuhr (i. 327, i. 606 of the English translation), passages which undoubtedly prove that there was not necessarily any real kindred among all the members of a gens. So too there is force when he says that, if Cicero had believed all the members of a gens to have a common origin, he would hardly have thought it enough to say, as he does in the Topica, 6, " Gentiles sunt qui inter se eodem nomine sunt." Adoptions and enfranchisements, even if the gens was never enlarged in any way but these two, would be enough to hinder there being any real connexion by blood among all the members of the gens. But Niebuhr is clearly wrong in inferring from this that the gentes were purely artificial LECTURE III 265 divisions. Mr. Grote puts the case far better when he says (iii. 74) : " The basis of the whole was the house, hearth, or family a number of which, greater or less, composed the gens or genos. This gens was therefore a clan, sept, or enlarged, and partly factitious brotherhood." The description given by Curtius, G')"iechische Geschichte, i. 250, would very well describe the nature of a gens, if he had not made the Stammvater and the Sipixchaft alternative. He begins by saying, " Jedes Geschlecht urnfasste eine Gruppe von Familien, welche entweder wirklich von einem Stammvater herriihrten oder sich in alter Zeit zu einer Sippschaf t vereinigt hatten." He then mentions the chief ties, religious and civil, and adds, " Es war ein grosses Haus, eine enggeschlos- sene heilige Lebensgemeinschaft." The well-known passage of Varro, "ab ^.Emilio homine orti ^Ernilii ac gentiles," expresses the idea of the whole thing, and it matters not whether the supposed ^-Emilius, or rather ^Kmilus, was a real man or not A (/ens may even have invented a forefather for itself, as pedigree-makers do now ; but if so, they did it simply in imitation of gentes which had real known forefathers. Every Julius was not necessarily descended from either a real or a mythical Julus, but the yens Julia had none the less for its kernel a body of real kinsmen who either were, or pretended to be, descended from a Julus, but who admitted, by adoption or naturalization, some members who neither were nor pretended to be his descendants. In the passage referred to in the Topica, Cicero adds to his definition of (/entiles, " Qui ab ingenuis oriundi sunt " and " Quorum majorum nemo servitutem servivit." But this definition is given simply as the definition of the gentile right to inheritance. In a wider sense, the freedman who bore the name of the yens was surely a member of it. Compare the dispute between the patrician and plebeian Claudii in Cicero de Oratore, i. 39, and the remarks of Mr. Long in the Dictionary of Antiquities, 568. In other parts of the article he follows the notion of Niebuhr. (51) Page 67. On the importance of legal fictions, especially in an early state of society, see the second chapter of Sir Henry Maine's Ancient Law. (52) Page 67. In the cases of adoption we commonly find that the adopted son was already a kinsman of his artificial father. 266 NOTES ON a sister's son or the like. But, on the one hand, there was no need that there should be any such connexion ; and, if there was, the nephew or other kinsman was as much a stranger to the yens, his admission to its legal and religious rites was as purely artificial, as when the adopting parent chose some one who had nothing to do with himself. But in either case the adopted son became, as far as a fiction of law could make him, the real son of his new parent. He became such for every purpose legal, social, and religious. That is to say, the yens was an institu- tion originally founded on community of blood, but in certain cases an artificial kindred was allowed to take the place of a natural one. The orations of Isaios, the second and third, for instance, throw great light on the process of adoption at Athens. In the second, Ilepi TOV MevexAcous /cA^pov, the adopted son describes the process (18) TTOI^O-OL/ACVOS eisayei /xc ts TOI>S pa.Topapa.Topae teal $iAo^opos' TOUS Se ^pdropa? CTruvay/ces Se'^ecr^ai at rors opyeaiva? Kat TOVS o/xoyaAa/cra? ovs yewT^ras xaAovju-cv. It does not seem clear whether the bodies among whom the adopted son was to be admitted to membership had the power of rejecting him. Probably they would have it at first, but it would sink into a mere form. This, as is well known, actually happened at Rome, where the adoption needed the formality of a lex curiata. (53) Page 67. See note 47 on Lecture II. (54) Page 68. There can be no doubt that the political effects of the Roman practice of using the gentile name as the real nomen were most important. The nomen stamped a man as belonging to a certain gens. He could not be spoken of without himself and others being reminded of the gens to which he belonged. At Athens an Alkmaionid himself knew, and everybody else knew, that he was an Alkmaionid, but they were not in the same way reminded of it every time he was spoken of. LECTURE III 267 There can be no doubt that this had a great effect on the here- ditary character which we see so strongly marked on the great Roman families. We know beforehand the policy which a Fabius, a Valerius, or a Claudius must follow. The same thing revives in the Middle Ages, when surnames revive. The truth is that there is nothing so really aristocratic as a surname. And this bears on a remark which I have made in the last lecture, that a real aristocracy can exist only in a republic. When the title of a peer is changed in each generation (sometimes, as in the case of the first Duke of Leeds, several times in the same lifetime), the (/entile sentiment may possibly live on within the family itself, but it is quite lost among the outer world, who have to ask at each stage who he is. No doubts of the kind can arise when a man, instead of a mere title, inherits the name of Fabius, Erlach, or Reding. (55) Page 68. See above, note 26. (56) Page 69. On the Doric tribes see Grote ii. 479, 0. Miiller, Dorians ii. 76 (Eng. Gr.). The point is that, as the three tribes, Hylleis, Pamphyloi, and Dymanes, seem to have been found in all Dorian settlements everywhere a point which seems to be fully proved by Herod, v. 68 it would follow that these tribes are older than the migrations which took the Dorians into Peloponnesos and Crete. In this last we must remember that the threefold division was recognized in the time of Homer, witness the Awpts TC Tpixai/cts of the Odyssey (xix. 1 74). That is to say, these tribes must be as old, or older, than the occupation of the primitive northern Doris; and we may be inclined to suspect that they were older, because their names bear no relation to the names of the four old Dorian towns. We are thus led to look upon these tribes as the oldest known elements of the Dorian people, and it would seem that in every Dorian settlement members of each of these tribes took a share. And the name of the Pamphyloi would seem to show that that tribe at least was an aggregate mixde up of smaller tribes. These tribes, or at least the u>/3oi of which they were formed, went on to the very latest times. The local divisions, handed on from the pne-Dorian time, went on alongside of them, like the Attic 8/fioi, or like the local tribes of Rome alongside of the yenle*. The difference, of course, was 268 NOTES ON that in this case the divisions of the conquerors and of those of the conquered went on together, while at Athens we have 110 sign of conquest. The w/3pa.Tpia to express a Spartan v\davTa KCU w/8a? w/3afavTa rpiaKOvra, ycpovcriav crvv d/a^ayeVais /caracrTT/crai/Ta, wpas e aipas a7reAAaeiv .... Sa/za> 8' ayopav eT/xev KOL Kparos. Plutarch goes on to explain that apxayerai means the Kings, and that a.TrcXXdeiv means e/cKA.7/o-iaeu/ ; but he cannot avoid the belief that Lykourgos divided the Spartan people into tribes and w/3cu, just as it is a common English belief that JElfred divided England into shires and hundreds. (57) Page 69. I think I can see something of the kind in the story of the Pelasgian inhabitants of Attica in Herod, vi. 137, Thucydides ii. 17 (where see Arnold's note), Pausanias i. 28, 3, Strabo ix. 1 (ii. 241). etp^rai 8' on Ka.VTo.vQa. ^atVerai TO TWV TLeXaaywv $vos 'nri$T)p.r) Trposc^e?. TaTios oe TO KaTTlTOJ/XlOV, O7Tp ^ dpX^S KaTO-^C, Kttt TOV KvplVlOV O~)(6oV. It will be remembered that the space between the two was the Comitia, and that the gate of Janus was opened in time of war to allow the allied communities to give help to one another. (63) Page 70. The difference between genealogical and local tribes is well brought out by Dionysios, iv. 14, when he is describing the changes made by Servius : 'O 8e TvAAto? .... ets Tcro-apa p-fpr] SieAwv T?)V TroXw .... TTpd(f>vXov 7rot^o-e TT/V TroAtv civat, Tpiv\ov ouo-av Tews, Kal TOV? avOpwirovs ra.f TOUS ev eKcio-rr) fj-oipa TO>V Terrapcov oixowTa?, wo-Trep KO)yu,7;Tas, .... K? irporepov, aXXa Kara TO.S Tro-apas Tas TOTTIKCI?, Kat Tas v' eavTou (64) Page 70. The usual version of the coming of the Claudian tribe places it a few years after the driving out of the Kings. Mommsen, however (Romische Forschungen, 72), refers it to a much earlier time, following the tradition preserved by Suetonius, Tib. 1. " Inde [Regillis] Romam recens conditam cum magna clientum manu commigravit, auctore Tito Tatio consorte Romuli." Mommsen's words are : " Das Factum selbst scheint glaubwlirdiger als die meisten iibrigen Angaben in diesem alteren Theil der Annalen, aber natiirlich war dasselbe urspriinglich zeitlos liberliefert und ist nur von dem spa tern falschen Pragmatisrnus mit dem Sabinerkrieg des Poplicola verkniipft worden die Einwanderung des claud- ischen Stammes muss viel friiher fallen, dass eine der Landtribus altester Einrichtung nach ihn benannt ist und das Geschlecht, obwohl es in den alteren Fasten keine hervorragende Rolle spielt, doch bereits im J. 259 in der Consulartafel erscheint." It might be said in answer to this that family vanity would be likely to thrust back the incorporation of the Claudii with the Roman State to an earlier time, while, if the Claudii had been Sabines simply in the sense of being Titienses the statement in LECTURE III 271 Suetonius, as it stands, is clearly a mixture of two stories it is not easy to see how the tale of their later origin could arise. Anyhow the accounts given by Livy and Dionysios set clearly before us the kind of process which would happen in such a case the addition at once of a Patrician gens and of a local tribe. Livy (ii. 16) thus tells the story; " Attus Clausus, cui postea Ap. Claudio fuit Romae nomen . . . . ab Regillo, magna clientiuni comitatus manu, Romam transfugit. His civitas data agerque trans Anienem ; vetus Claudia tribus, additis postea novis tribulibus, qui ex eo venirent agro, appellata." The migration is again refei'red to in speeches in iv. 3, x. 8. So Dionysios, v. 40, O.VTJP Tts /c TOV Sa/JtVwv l$vous TroXiv O'IKWV 'PijyiXXov, evycvTjs KOI Xpr)fjia. >v KOI \)\r) TIS eyevcro (rvv ^pova), KAavSia KoXou/tcn/. The other new local tribes, formed out of allies or subjects admitted to citizenship, were added pretty constantly down to B.C. 299, when the Tribes Aniensis and Terentina were added (Livy, x. 9). There is then a gap till B.C. 241, when the last two Tribes, Velina and Quirina, were added (Livy, Epit. 19). This marks a stage in the history of commonwealths in general, the stage when they feel that they have no further need of fresh citizens, and when the selfish and exclusive feeling begins to prevail (see p. 163). But in this case it should be- remembered that these successive additions had made the ager Rovumus reach, and indeed outstrip, the fullest extent of territory which could be occupied by a single city-community. (65) Page 72. See Norman Conquest, iv. 415. The whole history of the word is drawn out by Gibbon, chap. 21 (vol. iii. p. 402, Milrnan). (66) Page 73. It is a certain trial of faith to believe that the word " heathen " has nothing to do with the Greek c#i 1*0? : but it is, in its different forms, good English, good High-German, and good Gothic ; h'H'Sno from /uli'Si. 272 NOTES ON (67) Page 74. I have discussed this elsewhere at some length. Norman Conquest, ii. 587. (68) Page 74. Even Anselm is " Angloruni Archiepi- scopus," at least in the mouths of Irishmen and of the Pope. See Eadmer, Hist. Nov. Lib. ii. pp. 393-414, Migne. On the speci- ally territorial style of the Bishops of the South-Saxons see Norman Conquest, ii. 592. The territorial styles of many American and colonial Bishops are therefore, from an English or British point of view, more primitive than those which are taken from cities. (69) Page 75. I have touched somewhat slightly on the nature of the Mark in the History of the Norman Conquest, i. 83, and still more slightly in the Growth of the English Con- stitution, p. 10. The great English authority on the subject is, of course, Mr. Kemble's chapter on the Mark, in the first volume of his Saxons in England. Before that, the nature of the early Teutonic settlements had been worked out by various German writers, from Jacob Grimm (Deutsche Rechtsalterthiimer, 495, et seqq.) onwards, especially in the chapter of Waitz in the first volume of his Deutsche Verfassungsgeschichte, Das Dorf, die Gemeinde, der Gau. Since Mr. Kemble wrote, the subject has been dealt with more at large, though, on the whole, from a somewhat different point of view, in the great works of Maurer, Einleitung zur Geschichte der Mark-, Hof- und Stadtverfassuny (Miinchen, 1854), Geschichte der Markenverfassung in Deutsch- Jand (Erlangen, 1856), Geschichte der Dorfverfassung in Deutsch- land (Erlangen, 1866), for which works Sir Henry Maine, in his Village Communities, has become a sort of sponsor to English readers. The Mark, in its strictness, is of course the boundary, the strip of uncultivated land left between the land occupied by one settlement and the land occupied by its neighbour. The Markgenossenschaft is the body of settlers, that is, in my view, the gens or clan, by whom the land was first occupied. Here we have the lowest territorial and political unit, to be found alike in India, Greece, Italy, Germany, and England, and out of the union of which with other marks, cities, tribes, and nations gradually grew. (70) Page 75. The common occupation of land by the members of the Markgenossenschaft has been the point which, LECTURE III 273 since the researches of Maurer (see Einleitung, 40), and more lately of Nasse and Sir Henry Maine, has drawn to itself most attention. This concerns me only as being the earliest form of J'olkland a name which should never be uttered without a feeling of thankfulness to the memory of John Allen of which I have said a word or two in the History of the Norman Conquest, i. pp. 83, 94, 589, and on the political aspect of which I have found something to say at p. 139 of the Growth of the English Constitution. (71) Page 75. The original kindred between the members of the Markyenosseiuchaft, allowing, of course, for adoptions and admissions (on which see Maurer, Dorfverfassung, i. 175, cf. Einlrittmg, 13), is strongly set forth by Mr. Kemble, i. 56. "I represent them to myself as great family unions, com- prising households of various degrees of wealth, rank, and authority : some, in direct descent from the common ancestors, or from the hero of the particular tribe ; others, more distantly connected, through the natural result of increasing population, which multiplies indeed the members of the family, but removes them at every step further from the original stock ; some, admitted into communion by marriage, others by adoption ; others even by emancipation ; but all recognizing a brotherhood, a kins- manship or sibsceaft ; all standing together as one unit in respect of other, similar communities ; all governed by the same judges and led by the same captains ; all sharing in the same religious rites, and all known to themselves and to their neighbours by one general name." Mr. Kemble refers to the passage of Csesar, vi. 22, " Neque quisquam agri modum certum, aut fines habet proprios ; sed magistratus ac principes in annos singulos yentibits oognationi- busque hominum qui una coierint quantum et art of a larger whole ; or again when, as happened to many of the Continental yaueu, a yau is cut up into several 280 NOTES ON smaller gauen, or has its boundaries otherwise altered. Thus, when the great T/iurgau was divided, the Ziirichgau, and the other smaller gauen which were made out of it, would be literally shires parts shorn off from a greater whole. It is certain too that, though we find the word scir as early as the time of Ine, it is only from about the tenth century that we find it actually added to the names of districts. It is certain also that there are many English counties to which the name shire has never been applied down to our own times. It is further certain, as Mr. Kemble has shown, that we have traces of earlier divisions divisions earlier than the tenth century which sometime!* agree with, and sometimes differ from, our present divisions. (See Kemble, i. 78-84.) The inference I make from all this is the same which I made in Appendix E to the first volume of the Norman Conquest, namely that those shires which are not called after a town, but which have a territorial name of their own, are strictly gauen, or, when they are mediatized kingdoms, groups of gauen. Thus, in Kent and Sussex, the lathe and the rajje, divisions between the hundred and the county, would answer to the gnu. Elsewhere, where the county is called after a town, it is strictly a shire, something shorn off or otherwise divided afresh. Thus, as I have tried to show in the Appendix already referred to, the Mercian counties are strictly shires, divisions mapped out afresh by Eadward the Elder, after the recovery of the country from the Danes. Thus again, we do not hear of Yorkshire by that name till the second half of the eleventh cen- tury. It was a shire, shorn off from the original Northumberland, part of which still kept the elder name. And it is a shire which was further shorn into smaller shires, one of which, Bichmonct- shire, could not have borne that name till the foundation of Rich- mond Castle after the Norman Conquest. But, on the other hand, looking on Yorkshire in its older estate as the kingdom of Deira, we may look on it as made up of earlier gauen, Elmet, Craven, Cleveland, and so forth. The gau, in short, is a natural associa- tion ; the shire is an artificial division. The two may or may not coincide. But they very often do, and, in any case, the shire is the division which answers to and represents the gau, even when it represents it only by way of supplanting it. In the Appendix of which I have already spoken I have said something about the names of particular counties. I have not mentioned there, though I think I have mentioned it elsewhere, LECTURE III 281 that in the Chronicles and in the Exchequer Domesday, Devon- shire is always spoken of as a shire (Defenascir), while Somerset and Dorset keep the tribal names (on Sumorscetan, on Dorscetan). And this is the more remarkable, because in the Exeter Domes- day we do sometimes find such a name as " Summersetae syra," so that the use of the tribal form in the Exchequer Domesday has the force of a correction. Wherever, as I think really is the case in one or two instances, a modern French Department exactly answers to an ancient duchy or county, the distinction between the two would be exactly the same as that between the gau and the shire, and in the other case, when an ancient province was shorn into several depart- ments, we see the creation of shires in the literal sense. (83) Page 81. See above, note 79. (84) Page 81. See Norman Conquest, i. 25-27. I have there quoted the description given by Henry of Huntingdon of the growth of East Anglia and Mercia ; but the passage of William of Malmesbury (i. 44) there referred to is worth giving at length : " Annis enim uno minus centum, Northanhimbri duces communi habitu contenti, sub imperio Cantuaritarum pri- vates agebant ; sed non postea stetit hsec ambitionis continentia, sen quia semper in deteriora declivus est hum anus animus, sen quia gens ilia naturaliter inflatiores anhelat spiritus. Anno itaque Dominicse incarnationisquingentesimoquadragesimo septimo, post mortem Heugesti sexagesimo, ducatus in regnurn mutatus, regna- vitque ibi primus Ida, haud dubie nobilissiinus, letate et viribus integer ; verum utrum ipse per se principatutn invaserit, an aliorum consensu delatum susceperit, parum definio, quia est in abdito veritas : cseterum satis constat magna et vetere pi-osapia oriun- dum, puris et defwcatis moribus multum splendoris generosis con- tulisse natalibus." (85) Page 82. The truth that the Teutonic element in French exactly answers to the Romance element in English is somewhat disguised by the fact tliat, for some centuries past, it has been the fashion for English to borrow a crowd of French or Latin words, while the number of German, English, or other Teutonic words which have found their way into French during the same period is comparatively small. But, if we look to those words 282 NOTES ON which make up the real substance of the two languages, we shall see that the analogy is a perfectly true one. There is however this difference. In English we have two, perhaps three, classes of Romance words which have become thoroughly naturalized /xeVotKoi admitted to the full franchise while in French there is only one such class of Teutonic words. The number of Teutonic words which made their way into the Latin of Gaul during the time of the Gothic, Burgundian, and Frankish conquests, and which survive in the modern Pro verbal and French tongues, is really very large, far larger than any one would think at first sight, far larger than the number of Celtic words which have crept in on the other side from the native languages of the country. Still, large as the infusion is, it is merely an infusion, and it in no way affects the essentially Latin character of the two modern languages of Gaul. But this Teutonic infusion into the Romance of Gaul answers to a threefold Romance infusion into the Teutonic of Britain. There is, first of all, the half-dozen words which the Romans left behind them, and which the English took \\p, just as we now take up native names for native things in India and elsewhere. Secondly, there is the larger group of Latin words, either ecclesiastical or expressing some foreign idea, which came in between the coming of Augustine and the coming of William. These two together would be outnum- bered over and over again by the Teutonic that is the Frankish infusion in French. This is the natural result of the difference between a destroying conquest, like that of the English in Britain, and a colonizing conquest, like that of the Franks in Gaul. But the tables are turned the other way by the third, the Norman, infusion, under which I reckon those Romance words which it needs historical or philological knowledge to recognize for Romance words, as distinguished from those which, by their endings or otherwise, betray their foreign origin at first sight. All these three classes must be looked on as thoroughly natural- ized in English, just as the Frankish words are naturalized in French. But one of the gradual results of the Norman Conquest and of the establishment of French for a while as the polite speech in England events to which there is no parallel in France after it became France has been to set a fashion of bringing in Romance words, and even Romance endings, into English, while nothing has ever set the fashion of bringing a German or English as distinguished from an Old-Teutonic LECTURE III 283 infusion into French. For instance, we do not scruple to add a Romance ending to a Teutonic root, and thus to make such a mongrel word as starvation, while French adopts such a word as meeting, but it does not add on the ending ing to roots of its own. Still the greater Romance infusion in English, and the lesser Teutonic infusion in French, both remain infusions, and do not affect the substance of either language. With a little care, Teutonic words may be avoided in French, and with somewhat more care, Romance words may be avoided in English. The opposite process in either language is impossible. (86) Page 82. The transitional days of European history, the days of the Wandering of the Nations and of the Frankish dominion, will not be fully understood as regards Italy, unless we bear in mind that Venice belongs, in all but geographical position, to the eastern side of the Hadriatic, and not to the western. The Venetian islands are the one piece of the earlier Western Empire which escaped Teutonic conquest. They re- mained part of the Eastern Empire fjfifis SouAot, 6i\op.v clvcu TOV 'PoyuuW /Jao-tAews till they were strong enough to build up a dominion of their own at the expense of both Empires. (87) Page 83. See the Essay on Ancient Greece and Mediaeval Italy, in Historical Essays, Second Series. (88) Page 83. Nomenclature alone, without any help from recorded history, is commonly enough to tell us which of our towns are of purely English origin. A Roman site most com- monly makes itself known, if not by some corruption of its earlier name, at any rate by the word Ceaster in its various shapes. Of most of our purely English towns, like Bristol or Oxford, all we can say is, that we first hear of them at a given time, without having any record of their foundation. Of others, like Taunton in the eighth century, like the long string of places fortified by Eadward and ^thelflted in the tenth century, we know when they became fortresses, but it does not follow that that was the time when they first became dwellings of men. Another class of towns grew up round some great monastery, or, more rarely, as at Wells and Wnltham, round a secular church. In the cases of Durham in the tenth century and New Salisbury in the thirteenth, church and city were founded together. But we have few towns 284 NOTES ON in England of which we can safely say that they were called into being, like the cities founded by the Successors of Alexander, at the personal bidding of a King. Such however is Kingston-on- Hull, the work of the great Edward, and such also are several of the Welsh towns. In Bluntschli, Stoats- und Rechtsgeschickte der Stadt und LandscJutft Zurich, we can trace out the steps by which a city arose out of a royal house, a monastery, a church of secular canons, and a primitive Markgenossenschaft, all standing side by side. (89) Page 84. On the Five Boroughs, see Norman Conquest, i. 61 ; and on Lincoln, the greatest of them, iv. 208 ; on Exeter, and the chance which it had in 1068 of becoming the head of a confederation of boroughs, see iv. 138. (90) Page 84. The whole history of Bern, the greatest example in modern times of an inland city ruling over a great collection of subject towns and districts, is throughout eminently Roman. Liibeck, on the other hand, the head of the great commercial confederacy, as naturally suggests Carthage. (91) Page 84. On this phrase, the proper title of the old Swiss Confederation, see Historical Essays, First Series, 352. The name " Swiss " and " Switzerland," though they had long been in familiar use, did not form part of the formal style of the Confederation till 1803. (92) Page 84. Verona, I need hardly say, is Dietrichsbern ; and I have seen the Burgundian Bern called " Verona in monti- bus." The two names must surely have the same origin. The identification can hardly be so purely artificial as that which has turned Bormio into Worms. But what is the real origin ] One thing alone is certain, that Bern has etymologically nothing to do with bears. (93) Page 85. This is a subject which I must some day find an opportunity of discussing at length. I trust that I have shown, in a paper in Macmillan's Magazine (July 1870), that the handing of Roman institutions to our own forefathers is simply impossible ; but I find that, since then, the writer LECTURE III 2S5 against whom I then argued, Mr. H. C. Coote, has again revived the notion, and supported it with the same curious plausibility against Dr. Brentano, in a paper on the Ordinances of some Secular Guilds of London, reprinted from the Transactions of the London and Middlesex Archaeological Society. (94) Page 87. See Historical Essays, First Series, pp. 153, 154. 286 NOTES ON IV (1) Page 89. See above, note 22 on Lecture II., and Bryce, Holy Roman Empire, 192. (2) Page 89. Bryce, Holy Roman Empire, 233. (3) Page 90. This is the way in which the comparative and superlative /Jao-tXevrepos and /JaonAcvTaTos are used in the Iliad. Thus, ix. 69 : 'A.Tpei$ij, ffv fj.fV &px e , ov yap 0affi\vrar6s tffffi. Ka.1 fnol viroari\T(a, offffov 0affi\(vrfp6s el/j.i. (ix. 160.) is yevtrjv dp6uv, /ir;5' et /3aepew, KCLL ft? iroo-ov xpoVov. I n hi next chapter he goes on to discuss other cases of a temporary revival of kingly power under other names ; r)vayKs ov8' oo-iov crfyicriv as KaTe'Xuo-av e^ovo-tas op/cois Kal dpats CTTI^CO-TTIO-CXVTWV ^ewv TrdAiv e^TreSow. In either case, whether the office was held for a time or for life, the holder of it was not necessarily succeeded by another aio-v/xvr/T^s. In truth the Roman Empire, down at least to Diocletian, was in form, as being in each case the subject of a special grant, a government of the same kind. A regular magistracy for life, such as that of the perpetual Gonfaloniere in the reformed Florentine Constitution of 1502, is by no means usual. The Spartan Kings and the Venetian Doge are not exceptions. The King and the Doge were not mere magistrates, but princes, though cut down to the lowest amount of power. Priesthoods, both at Rome and elsewhere, were commonly held for life ; but that was because they were not magistracies. (8) Page 91. See Allen on the Royal Prerogative, 93-98. (9) Page 91. Waitz, Deutsclie Verfassungsyeschichte, iii. 61. " Bei den germanischen Volkern, konnte man sagen, erlangte sie fur den christlichen Kb'nig eine ahnliche Bedeutung, wie in heidnischen Zeit die Zuriickflihrung des koniglichen Geschlechts auf die Gb'tter gehabt hatte." (10) Page 92. Inquiry into the Rise and Growth of the Royal Prerogative in England. By John Allen. New edition, London, 1849. (n) Page 92. See Allen, pp. 14, 172. (12) Page 93. See the well-known verses in the Iliad (ii. 102) about the descent of the sceptre, which, if they do nothing LECTURE IV 289 else, show distinctly to my mind that the story of the Lydian origin of Pelops is no real primitive legend. Cf. i. 277 : v, Tlr}\elSri, 6e\' fpt^f^fv Tjl', tirel 06 Tro6' 6/j.oirjs tp.fj.opf Ttfj.rjs ovxos &affi\tvs, yrt Ztvs KvSos tStaKfv. ii. 205 : els /3afft\fvs, y fSwKf Kp6vov irats ayKv\ofj. j fiTftt>. [ffieriirTp6v r' r/Se Offniffras, ?KX trry, ws ov% aTravras Trapa TOU Aios l^ovra? TO (TKrfTnpov ov8c TT/V dp^ryv Tavnrjv, aAAa p.6vov<; TOVS ayaOovs. He goes on with a description of what a King ought to be. When one finds the Homeric doctrine of the transmission of the royal authority from Zeus confined to good Kings only, one is tempted to wonder at finding the Wickliffite tenet of dominion being founded on grace already set forth in a discourse addressed to Trajan. I need hardly add that the succession of Jewish Kings from father to son, from David to the sons of Josiah, and of French Kings from Hugh Capet to Lewis the Tenth, are the most striking examples in history of direct succession in any royal house. (13) Page 93. It is worth while to read the account which Plutarch (Theseus, 32) gives of the accession of Menestheus at Athens, and how he stirred the people up during the absence of Theseus. He was himself sprung from the stock of Erechtheus ; but he was, according to Plutarch's story, the earliest demagogue ; Trporros, w? os X<*p iv ox^V 8iaAc'yeo-0ai. Cf. Pausanias, i. 16, 5, 6. But in the Homeric Catalogue (ii. 552, and in iv. 328) he appears as a &iarpi)9, ai rtav 7rpo9 TOV Otovg Ktynos. (15) Page 94. Odyssey, i. 394. &AA' T^roi Pa(Ti\T)fS 'A^oiWP e/oi Kttl &AAol n-oAAol V d./j.id\(f! 'WaKfi, vtoi 7)5t TraAatof. Bo amongst the Phaiakians (Odyssey, viii. 390) : ScaSfKO. yap KOTck STJ/J.OV ctpcn-ptWes Ba ourjj. And they had already been spoken of as (fKrjirfov\oL patfiXfjet;, viii. 40. Hesiod too (Works and Days, 200, 246, 259, 261) speaks of /3av rrjv A-o^mv e/c/cA^criav, oi/o/Aacrarw re TOV? yae'AAovTas eeiv rrjv ft&httvff&v (3av ol TrActerroi TT/V c^ovat'av aurwv irepieAo/ttvot, /JLOVOV TO ^t'tiv rots foots direAiTrov. 'Pw/xaioi 8e TravTaTracri TOVS /3ao-iAei s, aAAov c^-l ras Qvaias Ira^av, oi/r' dp^eiv av T/)v r/ye/toviav /xovov eT^ov. On this last clause see below, note 20. (18) Page 95. A still stronger proof would be that the Emperors themselves so constantly held the actual consulship, always once at least in each reign, and often much oftener ; that, when they were not Consuls, they were invested with consular power; and that though they could not be actual Tribunes because of the adoption of the plebeian Octavius into the patrician gens Julia they not only held the tribunician power, but they looked on it as the main source of their authority. See below, note 42. (19) Page 95. -The Spartan kingship was, in the ideas of Aristotle (Pol. iii. 14), a real kingship, not a mere survival, like the priestly kingships already mentioned. It is rather, in his eyes, the best example of a lawful kingship : fj yap ev ry AaKaJvi/o) TroAtrei'a Soicet p.ev etvat /Jao'jAei'a /AaXwrra TWV Kara v6fj.ov, OVK ecrri 8e Kvpia TraiTwv, aAX' OTO.V e^eXOr] rrjv -^(apav, fjyefjuav cart TWV Trpos rov fl-dXc/Aov, In Se ra Trpos row? $eovs obroSe'SoTai TOIS ^SacriAeSo-tv. avrq l*.lv ovv TI fiacfiXeia. otov a-Tpa-rrjyia TIS avroKpaToptov icai dfStos TTIV. Afterwards he calls it (rTparrjyia 8ia (3tov, and o>s flirelv a7rAa>5 a-Tpa-rrjyia Kara yevos diSios. But, on the other hand, there is something remarkable in the way in which Herodotus (vi. 56-58) sums up the privileges of the Spartan Kings, without noticing that they do not take in anything which comes under the ordinary idea of government. Thucydides, on the other hand (i. 131), notices it as something strange that the Ephors had the power of arresting the King (es p.ev rrjv eipxTT/v csTrnrrei TO irpuirov VTTO rutv l(f)6p(av' fe6ovr)(racra TOV TpoTeTL/j.rjo'Oai aurous, erre^ei'/DT^o'e KaTaAvom T^V apxrjv avriav, oi Tf. (3a(TiXti' otsTrtp e^ ap^9 rrjv j3aa-L\elav Trape'AaySov. TOiyapow LECTURE IV 293 ovoffjiia. apxn fawtpo- tern Siayeyeir^evTi dSiacrTrcwrTos ovrt or)/j.oKpaTia ovrc o\(.yap^ia ovre Tvpavvis ovrc y8a66vov e/i,7rot^crai T^S Dionysios, in the speech assigned to Brutus, which I have quoted several times, makes the deliverer speak of the consulship as following the model of the Spartan kingship. The power of the Roman Consul was certainly greater than that of the Spartan Kings. But an hereditary office is essentially different- from one held by yearly election. The Spartan kingship was real kingship with its powers cut very short : the consulship was the kingly power put into perpetual commission. (20) Page 96. We have several notices of the Argeian Kings. Pausanias (ii. 19, 1) mentions that, from the reign of a certain King Medon, the royal power became merely nominal, and that after Meltas, who is placed (Clinton. Fast. Hell. i. 249) in the days of Kleisthenes of Sikyon, kingship was abolished altogether ; 'Apyctoi Sc, are lirrjyopiu.v KCU TO avrovofiov dyaTroirre? CK TraXa.iora.Tov, TO. TTJS e^ovcrias TOJV ftao-tXetav cs eXa^icrTov 7rpo7/yayov, vi TO Kturou KCU rols aTroydvot? TO oVo/xa Aei^>^vai TT}S p-ovov. Me'A.Tuv 8e TOV AaKi'8ou TUV aTrdyovoi' M7/8wi'os TO irapdirav fira.vo~fv ap^5 /caTuyvovs o 8^/109. It is plain however that kingship went on much longer. There is a story told by Plutarch 'in his treatise irtpl TT}? 'A\fdvopov n'^? T/ upeT?}? (ii. 8), according to which kingship had such a hold at Argos that, when the old Herakleid line died out, another King was chosen, in obedience of course to divine signs ; t^e'AiTrev 'Apyti'ois TTOT TO 'llf*u(\fiojp'#7 Atywv. He has another reference to this election of Aigon in his treatise on the Pythian oracles (5), where he speaks casually of ^p^cr/Aou TIVOS e/x/xcVpou Xe^^tVro?, ot/tat, Trepl TT/S Aiywvos TOU 'Apyeiou /JeuriAeias. But the most important, notice is that in the well-known passage of Herodotus (vii. 148, 149), where he tells us how, on the coming of Xerxes, the Argeians claimed, if they joined in the defence of Greece, to have an equal share in the command with the Lacedaemonians. The Lacedaemonians answered that, as they had two Kings, while the Argeians had only one, the command could not be equally divided. Neither of the Spartan Kings could be deprived of his vote, but they were ready to allow the Argeian King a third vote along with their own two (Aeyeiv l p*v elvat 8vo /3aortA.Tja.9, 'Apyeiouri Se era* OVKWV Swarov elvat TOIV ( TOV 'Apyeiav tlvai KtoXveii/ ouSev). It would seem from this passage that the Argeian King, whatever his position may have been in other ways, at least retained the military command. The Spartans would never have proposed to give an equal vote with their own Kings to a magistrate whose functions were merely civil or priestly. The Argeian King would thus be one of the class spoken of by Aristotle in the extract in Note 17. (21) Page 96. We get a vivid mention of the King-archon at Athens and his functions in the opening of the oration of Lysias against Andokides. He puts the possible case of so impious a person as Andokidos drawing the successful lot for this archonship : av vwl 'AvSoja'S?;? o.$uk>9 aTroAAayrJ fjfjuov /c -roSSe TOU dyaivos KOL eXOrj /cXiypwcro/xevos Ttov ewe'a dp^ovrwv KOU Xa^r; /SacrtXev?. He goes on to speak of a great number of religious duties which the King had to discharge. But presently he has to bring in the word in its more usual sense ; for he goes on to say that Andokides, in the course of his travels, had been a flatterer of many Kings, among which class Dionysios of Syracuse is reckoned by implication (/SacrtXeas TroAAors KcoA.aKi;/cev, u> av (vyyfVTjTcu, irX.i)v TOV 'Svpa.Kovcrtov Aioia-o-t'ov). Dionysios, according to the orator, was a match for AndokidOf, and would not be taken in by him. The wife of the King-archon was /?ao-t'A.wr0-a, as the wife of the Eoman " rex sacrorum " was called " regina." (Cf. Pseudo-Dem, c. Neser. 98.) LECTURE IV 295 Besides the King-archon, there was another survival of kingship at Athens in the form of the Phylobasileis, who seem to be the same as the fiaaiXeis spoken of in the law of Solon quoted by Plutarch (Solon, 19). Plutarch seems directly after- wards to speak of them as Trpirraveis. Very little seems to be known about the nature of their duties, but it is with their kingly title alone that we are now concerned. They must, one would think, have been the Kings of the four Ionic tribes before they were thoroughly fused into one commonwealth, something like the local Under-kings of the West-Saxons. In any case, they are another instance of the kingly title continuing to be held after all kingly power bad passed away, and that by magistrates who held no very important place in the common- wealth. (22) Page 97. Mommsen, probably with truth, looks on the whole legend of Romulus as comparatively late. The real ancient name of the city lurks in that of the Ramnes, and the (TT(aw(jM' ov KO.T ivuivTov ^px^ apx^v' while in the 49th we have the usual form, apxovros 'Adrjvrja-i TAt/o-ia. So Pausanias (vii. 2, 1) describes the sons of Kodros as disputing about the succession after his death, and uses the word ftao-iXevtiv OVK eaks of her son Xerxes as ofy wrtv6wo9 8oy/xa. In this last we have a forestalling of the great doctrine of the Civil Law, though the Greek rhetorician does not stop to trouble himself with any theories about the " lex regia." I conceive that, though the King or Archon was still appointed for life, yet he became subject, like the magistrates who came after him, to the obligations of the formal SoKipao-ia and evOvvrj. This is quite another thing from a possible power of deposition, which, even if legally recognized, must always be something extra- ordinary and unusual. Some confusion between this state of things and the King-archon of the confirmed democracy may be traced in the words of the Pseudo-Demosthenes against Neaira (98) : eirfiSrj 8c &TJ(TV7ros eyevero, TOV /aev /JacriAe'a ouSev ^TTOV 6 8^/ios r/pciro TrpOKpiYwv /car' av8paya#tav ^ciporovwv. This last state- ment leaves out of sight the fact that the kingship or archonship was confined to the single house of Kodros. In fact, at this stage of the Athenian constitution, the King or Archon, hereditary or at most chosen out of a single family, holding his office for life, but responsible for its administration, must have been exactly like the Spartan King, except that he had no colleague. (31) Page 99. See Historical Essays, Second Series, p. 126. (32) Page 99. Dion Cassius (Ixix. 16). 'ASpiavos .... TO, Atovucrta, TT)V //.eyiOTT/v Trap' avrots ap^rjv apas, ev TT/ ei, wv rjyom-ro trr in/trua Trpooraertlji and avTOKptiVwp, and (in ii. 1-3) there is also a description of the powers granted to both the elder and the younger Caesar. The passages are much too long to quote in full ; but it should be noted that this writer, writing in Greek in the sixth century but in a thoroughly Roman character, distinctly denies the power of the Emperors to be either y3ao-tA.a or rvpawi'?. eo-ri yap j8atrtA.u>$ p.ev TpoTTOs 6 vd/tov, rvpdwov Se vd/ios 6 TpoTnos. TO yap rtav Kat(rapa)v ^yow avroKpardpcuv 7ra)w/)tov ouSc fia.V /cotvuiv $opv/8ous TTI TO KoAAlOV. 7TtTaTTCtV T TW O-TpaTV/AttTt 7TW? ttV Scot flO.^(fa-&a.L TOIS tvavrtol?- imperare yap TO eTriTciTTetv Trap' 'iTaXots Xc'yeTai, IvOtv lp.ire- parajp. All this has the force of a protest, when we remember how familiarly the name of /SatriAeus had for ages been applied to the Emperors. Lydus very naturally sets down Marius and Sulla as Tyrants : but, what we should hardly have looked for, he sets down Romulus as a Tyrant also, and argues at some length that the Latin Rex answers to the Greek Tvpawos. There is not a glimmei'ing to be seen of the great dispute about pry and three hundred years later. (43) Page 103. See above, note 18. (44) Page 103. -Theodoric was undoubtedly Consul, though his patriciate stands out more conspicuously in history. Both he and Odoacer were Patricians by Imperial commission. For the patriciate of Odoacer see the fragment of Malchos in the Bonn edition, p. 235. The Senate asks Z<-n6n to bestow that rank on Odoacer ; Trorpuaou T aurtiva.L BioiKTjo-iVj and the Emperor does so accord- ingly, (3av r)f3ov\tTO TrtfiirMV T<3 'O8oa^w, jrarpiKiov tv Tovrta Tu5 ypdff.fta.Ti C7rv TO dito/z,a. CTTI TO> Ba.vSiA.ovs vevi/cr/Kevai, ravn/5 In e^o/xevos, eTreiS?) Trapetrr^craTO 2,iK\ia.v oArjv, r V T '? s VTraTeias ^r) ySao-tXcv? dAAa KaTo-ap KaXei(r6ai. (49) Page 103. It is hardly needful to collect examples of this usage from the New Testament onwards, and indeed one or two have come incidentally in the extracts which I have already given. But it is worth noticing how completely the orations of Dion Chrysostom addressed to Trajan assume the dominion of the Emperors to be a /SacrtAeia, though (BacriXeia is throughout pointedly opposed to rvpawi's. In one place in the third oration (i. 46), after describing the oppressive ruler, Dion says, OVK av TOV TOLOVTOV up^ovTa rj avTOKpdropa r/ ftaariXfa, TroXv &t LECTURE IV 303 rvpawov Kal Xevcrr^pa, ws TTOTC Trposewrev 6 ATroAAtov TOV Tvpawov. In another place in the second oration (i. 37), he incidentally brings out that solitary position of the Roman ruler Which was so strikingly enforced by Mr. Goldwin Smith at the end of his famous review of Mr. Congreve. The good King is to do this and that for the public good, Trpos 8e TOUS oAAov? /focriAeas, ef rives otpa etev, d/uAAao'&JU ircpl r^s aperies. The difference between this writer and one so much later as John Lydus is the difference between a Greek rhetorician speaking in a loose way of things as he practically found them, and a Roman lawyer, Who happened to write in Greek, but who still dealt with the legal and historical side of things from a purely Roman point of view. (50) Page 104. John Lydus (i. 4) points out the wearing of the diadem and the royal robes as an innovation of Diocletian, adding that he thereby lirl TO /3ao*iAtxov rj tdXrjOcs cltrflv CTTI TO rpci/fev. Compare Aurelius Victor, Caesares, 39. (51) Page 104. The word regnum is applied to the imperial rule, even by Tacitus, though it would seem always with some- what of sarcasm. Thus in the Annals (xii. 66) Locusta is said to have been " diu inter instrumenta regni habita," and again (xiii. 14) it is said of Pallas that "velut arbitrum regni agebat." But much earlier (Annals, i. 4) Tacitus speaks of the house of Augustus as " domus regnatrix " seemingly without any sarcastic meaning. (52) Page 104. The name regia is more than once applied by Tacitus to the Imperial dwelling. Thus in the Annals (xi. 29) Callistus, the former favourite of Cains, is described under Claudius as " prioris quoque regies peritus," and in xiv. 13 it is Raid of the palace of Nero " deterrimus quisque, quorum non alia regia fecundior exstitit." Here again there probably is sarcasm, but we must remember that the house of the Emperor was formally regia in his character of High Pontiff. If we leap from Tacitus to the next Latin writer who deserves the name of historian, we find, in the very first chapter of Ammiumis which i preserved to us, the word regia, and pretty well every other derivative of rtx, used as a matter of course, but re* itself never. 304 NOTES ON (53) Page 104. In the opening chapter of Ammianus (xiv. 1) the name regina is twice applied to the Empress Eusebia. So again xvi. 10. So in xiv. 1 we read of " regia stirps," and in xix. 11 of " sella regalis." (54) Page 104. It is quite certain that no Emperor is ever called rex by any Latin writer. That the title was given to Hannibalianus the nephew of Constantino is also quite certain (see the opening chapter of Ammianus and the Article in the Dictionary of Biography). At any time before the decree of Antoninus Caracalla, one would have said that he was meant to be King, not over Rome or Romans, but, like the sons of the Triumvir Antonius, over some of the provinces of the Roman Empire. But this seems hardly to apply, now that all the subjects of the Empire were alike Romans. Still this title stands quite by itself, and it is most striking to find the word rex never applied to the Emperor, though all its derivatives are so freely applied to his belongings. (55) Page 104. For the Roman appointments of Alaric see Zosimos, v. 5, 31, vi. 7. (56) Page 104. The consulship of Chlodwig comes from Gregory of Tours, ii. 38. " Igitur Chlodovechus ab Anastasio imperatore codicillos de consulatu accepit, et in basilica beati Martini tunica blatea indutus est et chlamyde, imponens vertici diadema." He was saluted by the people " tanquam consul aut Augustus." The confusion between Consul and Augustus, in the mind either of Chlodwig or of Gregory, may remind one of the like confusion in the mind of Rienzi, when he called himself " candidatus Spiritus Sancti miles, Nicolaus severus et clemens, Liberator Urbis, Zelator Italiae, amator Orbis, et Tribunus Augustus." Cronica Sanese, 1347. Muratori, xv. 118. Chron- icon Estense, ib. 441. (57) Page 104. SeeBryce, Holy Roman Empire, 404. Joseph the Second was the last who bore this title, having been elected in 1764, during the lifetime of his father, and becoming Emperor- elect on his death the next year. (58) Page 104. See Growth of the English Constitution, 17, 169. LECTURE IV 305 (59) Page 105. So the Peterborough Chronicle, 449. " Fram fan Wodne awoc eall ure cynecynn, and Su^Sanhymbra eac." The contrary process seems to be set forth by King Alfred when he tells the story of Odysseus and Kirke ; " J>a wees Jjaer Apollines dohtor, lobes suna, se lob wses hiora cyning, and licette Jjset he sceolde bion se hehsta god, and ]?aet dysige folc him gelyfde, forj?am ^Se he wses cyne-cynnes, and hi nyston nsenne ojjerne god on Jjaene timan, buton hiora cyningas hi weorpodon for godas. Da sceolde fses lobes feeder bion eac god, J>ses nama waes Saturnus, and his swa ilce sel cine hi haefdon for god." (60) Page 105. See Norman Conquest, i. 593. (61) Page 105. See \Vaitz, Deutsche Verfassungsgeschichte, i. 68, 166. (62) Page 106. See above, note 76 on Lecture III. (63) Page 106. See Growth of the English Constitution, 34, 171. (64) Page 107. All people, save those who fancy that the name King has something to do with a Tartar KJian or with a " canning " or " cunning " man, are agreed that the English Cyning and the Sanscrit Ganaka both come from the same root, from that widely spread root whence comes our own cyn or kin and the Greek yo/os. The only question is whether there is any connexion between cyning and ganaka closer than that which is implied in their both coming from the same original root. That is to say, are we to suppose that cyning and ganaka are strictly the same word, common to Sanscrit and Teutonic, or is it enough to think that cyning is an independent formation, made after the Teutons had separated themselves from the common stock 1 The former view is maintained by Professor Max Miiller, in the later editions of the Science of Language (ii. 285), with an array of German scholarship which it is hard to resist. On the other hand it is equally hard for an Englishman, looking to his own language only, to resist the obvious derivation of cyning as the direct offspring of cyn. See Norman Conquest, i. 583, Growth of the English Constitution, 171. The difference between the two derivations is not very remote, as the cyn is the ruling idea x 306 NOTES ON in either case ; but if we make the word immediately cognate with ganaka, we bring in a notion about "the father of his people," which has no place, if we simply derive cyning from cyn. (65) Page 107. See the pedigrees of ^Ethelwulf in the Chronicles under the year 855. They go straight up to Woden, and thence to Noah and Adam ; but Woden is not made to spring from Shem, Ham, or Japheth, but from Sceaf the son of Noah, who was born in the ark. (66) Page 109. Joshua ix. 2. (67) Page 109. Genesis xxxvi. 14. The Hebrew *VlvH, from S gens, answers however better to cyning than to Jwretoga. (68) Page 110. See the instances which I have collected in Note K in the Appendix to the first Volume of the Norinan Conquest, and at page 172 of the Growth of the English Con- stitution. Another passage about the Goths will be found in Zosimos, iv. 34. Frithigern is ^ye/xwv, while he speaks of ' A.0a.vapi\6v T TTOIVTOS TOV /SacrtXfiov TUV ^KvOtav ap^ovra (69) Page 110. This is the argument assumed throughout Dante's great treatise De Monarchia. See Historical Essays, First Series. (70) Page 110. See Norman Conquest, i. 26. Compare for Mercia also the account of the battle of Winfield, where Penda fell " and xxx cynebearna mid him, and fa wseron sume ciningas." This last notice comes from the Peterborough Chronicler only. We may again compare the description given by Ammianus (xvi. 12) of the Alemanni at the battle of Strassburg. Chnodomarius, the Bretwalda, so to speak, comes first ; then some other chiefs by name ; " Hos sequebantur potestate proximi Keges numero quinque, Regalesque [probably ^Ethelings] decem." The Batavians also in the same account have several Kings. (71) Page 111. See Growth of the English Constitution, 172. (72) Page 111. See the famous passage in the Iliad, ii. 188. LECTURE IV 307 (73) Page 112. I shall have to speak more fully of this in my last lecture. (74) Page 112. According to the famous doctrine of the Civil Law (Inst. i. 2. 6.) " quod principi placuit, legis habet vigorem ; quum lege regia, quae de ejus imperio lata est, populus ei in eum omne imperium suum et potestatem concedat." With this lawyers' theory of the origin of the Empire one may well com- pare the pithy account given by Tacitus (Ann. i. 2) of its real origin : " Caesar dux reliquus, posito Triumviri nomine, Consulem se ferens et ad tuendam plebem tribunicio jure contentum ; ubi militem donis, populum annona, cunctos dulcedine otii pellexit, insurgere paullatim, munia Senatus, magistratuum, legum, in se trahere, nullo adversante." (75) Page 112. See Norman Conquest, i. 584. It is worth while to compare the definition given by Suidas under the word /3aeriA.evs. BatrtAcvs /tey as 6 TWV Ilepcraiv. TOVS Se aAAovs irposcri- Beo-av KO.I TW ap^ofifvwv TO. ovd/xara, oiov AaKcSai/idvioi, Ma/ceSdvcs. He then goes on to distinguish /3ao-tA.evs and rvpawos, and to point out how Pindar and others had applied the name (3acriX.fvf(n~r)Ke. They had just been elected Generals by the army, much as Camillus (Livy v. 46) is elected Dictator by the Boman Assembly at Veii, though the circumstances of the Boman migration to Veii are more like those of the Athenian migration to Salamis. LECTURE V 313 (15) Page 129. For the ^Etolian Federal Assembly held under the walls of the besieged city of Medeon in B.C. 231, see History of Federal Government, i. 413. (16) Page 130. In the Teutonic mythology a God might die, as appears from the famous case of Balder. In the Greek mythology there is no case of the death of a God, though the possibility of such a thing seems implied in one passage of the Iliad (v. 388), where Ares is spoken of as running a chance of being killed by the sons of Aloeus. Kdl vv Kfv iv6' iir6\oiTO 'Ap'jjy, OTOS voAe/xoto, Cl ,UT7 /ATlTpVlT], TTplKa\\7]S 'Hfpi&OlO., -iiyyti\tv, & 8' itK\(\f/ rap6fj.(vov' xaXeiros 5e I 5etet j>rer wees an cyning Jws nama Aulixes, se hiefde twa )>ioda under J>am kasere. )5a Sioda wwron hatena ISacige and Retie, and Jues kaseres nama wies Agamemnon." 314 NOTES ON (22) Page 132. Iliad, xvi. 434. (23) Page 132. Odyssey, ii. 26. ovli iro0' fifitrtpri ayop^i yfvtr' ot>8 &&UIKOS, i ov 'OSvfffffvs Slos t&i\ Kol\s iv\ rnvai. (24) Page 133. Tacitus, Germania, 11. "Si displicuit sen- tentia, fremitu adspernantur ; sin placuit, frameas concutiunt. Honoratissimum adsensus genus est, armis laudare." (25) Page 133. Thucydides, i. 87. Kptvovcri yap (3ay Kal ov (26) Page 134. I will refer only to two examples, one of an Assembly which was held, and another of one which was not held, but which proves almost more than any of those which were held. Kassandros, having Olympias in his power, but having promised to spare her life, first holds an Assembly in which she is condemned to death in her absence ; then, when she still demands a public trial, he shrinks from the effect which he knew that her presence would have upon the Assembly, and causes her to be put to death privately. Diod. xix. 51. 6 8e KacrcravSpos .... irpoeTp&j/aTO TOVS oucetovs Ttov a.VTfjpijfJi.ev(av vrr 'OXv/x,7ria8os (V Kowr) TUV MaKtSovwv fKKXrja-ia Karrjyopelv TT}S Trpocipr]p.fvr]s yuvaiKos. a>v Trot^o-avrwv TO Trposra^^ev, KCU T^S 'OAv/i- TriaSos ovTf irapova-rjs ovrc e^ovcn/s TOUS aTroXoy^croficvovs, ot /xev MaxeSdves KarfyivuKTKOV avTrjs Oavarov .... v\a(3eiTO yap afjuj. KOL TO TTfpl avnjv aiu>p.a. Kal TO rwv MaxcSovtuv ev/AtTa/JoAov. T^? 8' 'O\v/X7ria8os ov ap.vr]<; euf(r6ai, Tovvavri'ov 8' tTot^s OVOT;S fv TTOLCTL Ma>cc8do-i KpiO^vai, 6 Kao-o*av8pos o(3r)6fitAi7T7rou 7T/3OS a7rav TO l^vos fvfpyf(rLopa TTCUTI TO urov, icaTa 8f TTJV dft'wcriv, d>s c/caoTO? v TO) fv8oKLfj.fi . . . cA.ev$epa)s 8f ra, re Trpos TO KOIVOV Kol is TTJV Trpos aAA^Aovs Toiv Ka0' fjfJLfpav tTriTT/Scv/xaTwv vTT ou Si 1 opy^s TOV 7reA.as, i KaO' rjoovT)v TL Spa, l^ovrcs, ovof /icv \VTrtjpas Of Trj oi^ei a\0rjo6va^ 7rposri$/xevoi. He then goes on to speak of obedience to the laws and magistrates as one of the consequences of popular government. Modern writers very often charge democracy with doing the exact opposite to all these things, and especially with moulding all men accord- ing to one pattern. But it is commonly very hard to make out what modern writers mean by democracy, and it seems likely, on the whole, that Perikles knew best. (32) Page 139. I have referred to the debate in the Spartan Assembly recorded by Thucydides, i. 67-88. The body debating is the general Assembly of the Spartan citizens (t'AAoyos o-wv avrwv 6 cio>0w), as distinguished both from the smaller bodies in the Spartan Commonwealth and from the general Assembly of the Lacedaemonian allies which appears in c. 119. The Corinthians and others are heard, and the Athenian Ambassadors are heard in answer. Then the Spartans debate among them- selves ; but the narrative seems to imply that no one spoke 316 NOTES ON except the two great official persons, the King Archidamos and the Ephor Sthenelaidas, and the latter seems to wind up the debate somewhat suddenly by his official authority. It should be noticed that, after the cry of Aye and Nay (see above, note 25) the Ephor professed the historian hints that he merely professed (/JouAo/zevos aurovs av(pw<5 aTroScocw/xe'vovs r-rjv yvtapyv 4s TO TToAt/xeiv fj.a\Xov opp.rj(rKc p.iv yap ru? are 8 IK(IVV irpo^rjKovrtav cr^tVtv oWtov, KCU TWV oTrovSap;(iu>VTfc>v fjM\L O.VTW iraiptav StSoxriv avrcj) TO avrov Sopv. 326 NOTES ON (17) Page 170. The Roman clients would be in old English phrase not so much tfiegns as loaf-eaters. The relation of the loaf-eater was surely a variety, though a very low variety, of the comitatits ; and even a churl might have his loaf -eaters, as appears from the 25th law of u^thelberht : " Gif man ceorlses hlaf-setan ofslsehS, vi scillingum gebete." (18) Page 173. At Bern the young patrician was literally apprenticed to political life by the singular institution of the Ausserstand, a copy of the real commonwealth with councils and magistrates of its own. The SchultJieiss or chief magistrate of the mimic republic was commonly elected a member of the Great Council of the real one. See the account in Coxe's Travels in Switzerland, ii. 231. In his day, as in the earlier days of Bishop Burnet, travellers did not disdain to study the institutions of the country. (19) Page 174. I have before me, in a Geograplmclues statis- tisch-topograpliiscJies Lexicon von Franken (Ulm, 1801), iv. 46, a list of the twenty-three patrician families of Niirnberg, three of them had been admitted as lately as 1788, but none of these " novi homines " seem to have actually held seats in the Senate. (20) Page 176. Numbers xxxv. 9 ; Deuteronomy iv. 41 ; xix. 2 ; Joshua xx. 2. The right is however by the Hebrew law strictly confined to the slayer who hated not in times past the man whom he slew. It would therefore not cover the case of the old Teutonic Fcehde. (21) Page 176. The laws of Alfred (42) set forth the general principle that no man is to appeal to force till he has tried legal means ; " Eac we be6daS, se mon se J>e his gefan ham-sittendne wite, ]?et he ne feohte per j?am J>e him ryhtes bidde.'"' Then follow a number of rules regulating the cases in which private war is allowed, the last of which is, if he finds a man with his wife, daughter, sister, or mother ; " And mon mot feohtan orwige, gif he gemete'S b'Serne set his tewum wife betynedum durum oft'Se under anre reon, o'S'Se set his dehter sewumborenre, oftfte set his swister [sewum]-borenre, o^SSe set his medder, }e wjere t6 {fewum wife forgifen his f seder." The Athenian law on this subject comes out in the First Oration of Lysias, where the slayer of Eratosthenes defends himself on the ground of the LECTURE VI 327 adultery of the slain man with his wife. The case is more remarkable because Eratosthenes offered money, which the husband refused, determining, as he said, to carry out the law ; OVK r)fj.ia-{$rJTt, u> dvSpes, aXX.' w/toAoyci dStKCtv, /cat OTTCDS p.tv fir) aTroOdvy rjvriftoXfL KCU IKCTCUCV, aTTOTiVeiv S' CTTOI/XOS rjv xp?;/xaTa. eyw Sc TU> fifv fKfivov Tip.rma.Ti ov (rvve^wpow, TOV 8e TT/S TrdXews vop.ov rj^iow eivai Kvpiwrfpov, KO.L Tavrrfv IAa/3ov T^V SIKTJV, rjv v/tets SiKaiora- TT;V etvat rryr]6voio ttoiv^v, fi ov -xaitibs I8{|aro TtOrttwTos' ical p 6 fjitv fv S'fi/j.tf yucVet ai''Tof<, iroAX' airoricraj, TOV 8t T" ipTfrvfTtu cpo5i7j Kal 6vfj.us i (26) Page 178. In Iliad, vi. 45, Adrostos craves his life of Menelaos and offers a ransom cru 8' aia 8c'ai aTroiva Menelaos is inclined to spare him, but Agamemnon steps in and slays Adrcstos himself, and the poet approves the act. Sis tiirwv Xrpftytv a$f\v rpoTTcov f.Tnp.f\ovp.fvoi, auTovoyuwv Se p-dXicrra epywv VOL, fire op.opoi ovres Trpos TOV Kara TO. fioptia TOV "IOT/DOV p.(Ta TOV orpaTw iayyew TroXXw KOI Swtxynci /-ta^s 7ratpecr$ai, fjOeai Tf. ToTs Kt TO. TTCLpO. (TpOl'TeS, Kt'vWV KO.I <77Ticras rrtv avnjv opav iv rot? dyaA/iao-iv, wTrXwr/xeviTV KoCplov rots tTTiovtriv eviOTatr^at /x.e'AAov(rav, rots TrpocoTwra rov 'A^iAAc'a TOV ^pai TOIOITOV otov airrov TOIS cSct^cv "O/xr;ps cetween, 196- 19S. i, value of his legend, 295. 344 INDEX ANDOKIDfeS. Andokides, speech of Lysias against, 332. Andorra, commonwealth of, 309. Angul and Dan, legend of, 335. Anointing, introduction of the cere- mony, 107 ; its political effect, 108. Antioch, recovered by Nikephoros, 227. Antoninus Caracalla, effect of his edict, 259. Animations', Frankish, answer to the English Thegnas, 167. Appeal of murder, its origin and abolition, 177. Aquce Sexticc, its influence in Gaul, 38. Arch, invented more than once, 20. Architecture, Greek, origin of, 227. Archons at Athens, their origin and history, 96, 99, 100, 296; called kings, 297 ; not presidents of the assembly, 298. Apxa>v &anls with cyniny, king, 44, 105, 106, 305. Cynehlaford, 325. ';i nitty, Icing, origin and cognates of 348 INDEX CYPRUS. the name, 44, 105, 106 ; its con- nexion with (janaka, 305. Cyprus, Frank kingdom of, 223. D. Dante, his treatise De Monarchid, 306. Daiclcins, Mr. W. ., quoted, 233. Dead languages, no such thing, 196. D&metrios Poliorketes, Athenian flattery of, 215, 340. Democracy, primitive, traces of, 41- 42 ; definition of, 125, 138 ; form taken by, in Mediaeval Italy, 153 ; government of dependencies by, 189 ; description of by Perikles, 315 ; its history and character at Athens, 136-139 ; compared with later Greek democracies, 139 ; modified under the Achaian League, 141 ; pure democracy not applicable to a large state, 140-143. ATJ/UOJ, at Athens, originally village communities, 69, 268 ; their local character, 70. ATJ/KOS, uses of the word, 56, 251. Denmark, despotism lawful in, 228 ; its relations to the Duchies, ib. Dependencies repeat the institutions of the mother country, 16 ; govern- ment of, 189, 247 ; their relations to the mother country, 329. Diadem, use of, 103 ; introdxiced by Diocletian, 303. Dictatorship, nature of at Rome, 100, 287 ; perpetual, distinguished from kingship, 90. Dietrichsbern, name of Verona, 284. Dimock, Mr. J. F., quoted, 333. Diocletian introduces the diadem, 303. Di6n Chrysostom, his definition of aristocracy, 242 ; his theory of kingship, 289, 302. Dithmarschen, retention of the old freedom in, 78, 154 ; local nomen- clature of, 263 ; its history, 277. EMPIRE. Dominion, looked on as property, 186, 187. Dorians, antiquity of their three tribes, 267. Auvairrefa, nature and instances of, 297. E. Ealdor, Ealdorman, origin of the title, 76 ; chiefs of the tribe, 76, 106 ; give way to kings, 106 ; return to their government, 109. Earl, Eorl, Jarl, Scandinavian, 110, 111 ; history and meaning of the word, 167, 323 ; immemorial nobility of the Eorlas. 159, 162 ; give way to the Thegns, 166, 170. Edoni, Dukes of, 109. Ehu, Eoh, cognate with equus, 240. 'HXmia, origin of the word, 239. Elis, foundation of, 57, 251 ; language of its inscription, 336. Elizabeth, Quzcn, her English descent, 309. "EAA.TJV, use of the name, 227. Emperors, origin of their powers, 50, 112, 288 ; union of the various magistracies in their hands, 103 ; kingly language how far applied to, 103-104 ; alone called monarchs, 110 ; contrast between the earliest and latest, 120 ; their dealings with the senate and assembly, 149 ; retention and imitation of their titles, 213 ; their consulships, 292 ; their tribunician power, 292, 300 ; their solitary position, 303. Empire, its effect on the city and the provinces, 63, 64 ; its effects in Germany and Italy, 87 ; open to all baptized men, 89 : united with the German kingship, 104 ; effects of its union with the Frankish kingdom, 116; lawyers' theory of its origin, 307 ; becomes purely elective, 308 ; then practically hereditary, ib. INDEX 349 England, continuity of its political history, 30 ; no true Roman ele- ment in, 31, 85 ; ambassadors from at the court of Justinian, 36 ; the Teutonic constitution begins afresh in, 79 ; modification of the mark and the gau in, 80 ; union of its several kingdoms, 81, 113, 117; growth of the cities hindered by stronger national unity, 83 ; position of in general Teutonic history, 86 ; origin or history of kingship in, 106, 113; continuity of the royal succession in, 1 14 ; continuity of assemblies in, 149, 150 ; no true nobility in, 150 ; powers of Parliament in, 156 ; effect of feudal ideas in, 168 ; its relation to India, 185. English, their relation to other Teu- tonic nations, 29 ; their three homes, 31 ; the Teutonic constitu- tion brought by them into Britain, 78. English language, Romance elements in, 282. Epeiros, the older condition of Greece continued in, 57, 102 ; its import- ance in later times, 59 ; history of kingship in, ib. ; becomes a ' Greek commonwealth, 102. Ephors, presidents of the Spartan i assembly, 299. Estates, their nature in England and I France, 14 ; representation of, 149, 150 ; system of, broke down in England, 150. 'Eroupot, answers to the English gesfens, 166, 169. Eternal, title of Rome, 28. Eupatrids, Athenian, their nobility immemorial, 160 ; its probable , origin, 162, 321 ; loss of their political power, 163; still preferred for high offices, 165. Exeter, position of in English history, 84, 85, 284. FROUDE. Fcehdc , feud, right of, 326. Feudalism, its origin and working in France and England, 168 ; growth of, 223. Filioque, interpolation of, 337. Finlay, Mr., origin of his history* 227 ; quoted, 336. Fins, position of, in Europe, 234. Five Boroughs, confederacy of, 84. Flamens at Rome, always patrician, 164. Florence, parliaments of, 153. Falkland, the same as ager publicus^ 75. Foreigner, meaning of the word in English boroughs, 182. Forest Cantons, retention of the old freedom in, 78. France, its origin, 116 ; strictly hereditary character of its crown, 117, 289 ; effect of feudal ideas in, 168. Franchise, various forms of in Eng- land, 182, 183; how attained in boroughs, 183. Franks, their place among Teutonic nations, 81 ; history and division of their kingdom, 110, 115 ; growth of the power of their kings, 1 16 ; union of their kingdom with the Empire, ib. Freeman, various classes below, 160, 161. Freemen, their history in English boroughs, 182. French, Kings and Dukes of, 216. French language, Teutonic element in, 281. Friesland, retains its primitive assemblies, 154. Frithigern, his titles, 306. Fronde, Mr. J. A., his account of university studies, 340. 350 INDEX G. Galatia, Greek influence on, 206. Ganaka, connexion of the word with king and cyning, 106, 107, 305. Gau, its relation to the shire, 76, 279 ; the territory of the tribe, 76 ; authorities on, 276 ; name not known in England, 279. Gaul, Teutonic character of its later political institutions, 82 ; Greek and Roman civilization in, 237. (femeinde, equivalent to the mark, 75- ; their position in Switzerland, 183-185. Generals, powers of, at Athens, 99 ; their special power in war times, 128. Ttvos, ge'/is, or dan, use of the word, 46 ; its special importance in ancient Italy, 62, 65 ; its various forms, 65, 66 ; community of blood its original idea, 66, 264 ; modifi- cations in later times, 67 : its abiding importance in Rome, 68 ; its connexion with tribes and 5f)/uoi, 70 ; names of gcntes in England, 66 ; its form as a village community, 75 ; at Rome, com- pared with the Celtic clans, 261 ; with the German gcscMechter, 262 ; hereditary character of, 267. Geniilis, Cicero's definition of, 264. Germany, its history modified by its connexion with the Empire, 29 ; changes in after the time of Tacitus, 78 ; history of the cities in, 84 ; growth of the modern kingdoms of, 90, 286, 287 ; its kingdom sinks into a confederation, 116; modern Empire a revival of the kingdom, 116, 308. Geschlechter, German, answer to the Roman gentes, 262. GesV&as, answer to the Greek traipot, 166. Gibbon, quoted, 227. i l:l.l. k LANGUAGE. Gibeon, a free city, 109. Giraldus Cambrensis, germs of com- parative philology in, 332, 333. Gladstone, Mr., his defence of the ninth book of the Iliad, 286. Goddesses, presence of, in the divine council and assembly, 130, 131. Gods, children of, unknown in the Italian mythology, 96, 295 ; con- ception of in Greece, 130 ; their council and assembly, 130 ; death of in Scandinavia and Greece, 313. Gothic, use of the word, 194. Goths, history of their kingdom in Spain, 115 ; preservers of Roman monuments, 228. Graubiinden, retention of the old freedom in, 78 ; dominion of, over the Valtelina, 188. Greece, its physical character, 25, 225 ; common origin of its in- habitants with those of Italy, 33, 35 ; early political institutions of, 42 ; its pre-historic state, 55, 56 ; growth of city life in, 56 ; federal period in, 59 ; no true national life in, 60, 61 ; effect of the Persian wars on, 60; its colonies, 61, 203, 205, 226; connexion of its mythical and its historic state, 82; nature of early kingship in, 92, 130, 131-132; its influence on the East, 205, 206 ; on Rome, 206 ; on Christianity, 206, 207 ; on the Byzantine Empire, 207 ; its modern revival, 207, 208 ; its indirect influence on modern times, 209 ; motherland of the Asiatic Greeks, 225 ; traditions of non-Aryan nations in, 250 ; nearness of its great cities, 257. Greek church, its character and per- manence, 207. Greek language, ignorance of, in the middle ages, 193 ; its special con- nexion with Latin, 204 ; its rela- tion to modern languages, 198 ; INDEX 351 GREEK NATION. its history, 203-207 ; permanence of its Attic dialect, 203, 204 ; its use in Sicily, 205 ; in the East, 206 ; at Rome, ib. ; its relation to Christianity, 206, 207 ; knowledge of, in the thirteenth century, 333. Greek nation, modern, origin of, 206 ; its difficulties, 207, 208. Greeks, their progress and history, 25-27 ; a nation as contrasted with barbarians, 53 ; feeling of brotherhood among, 245. Grimm, Jacob, quoted, 272. Grote, Mr., his defence of Athenian democracy, 136, 250, 251 ; quoted, 265,268. H. Hadrian, his archonship at Athens, 99, 298. Hannibal, compared with Buona- parte, 244. Hannibalianus, called Rex, 304. Harits, etymology of the word, 6, 221. Harold Harfagra, Norway united under, 111. Heathen, origin of the name, 73, 271. Hebrews, judges of, 109. Henry 111., Emperor, first king of the Romans, 104. Henry VIII., of England, an elective king, 142. Heptarchy, name and thing un- known, 110. Hereditary succession, its introduc- tion, 108. Heretoga, Herzog, equivalent to eal- donnan, 76 ; answers to the Dux of Tacitus, 276. Hesitxl, his language as to kings, 290. Hill-forts, growth of, into cities, 55, 249, 250. History, how to be studied, 199-201, 217-219. Homer, his true parallels, 195. ITALY. Horse, titles formed from its various names, 46, 47. House of Lords, its judicial power, 320. Hundred, equivalent to the curia and the ijSjj, 75 ; made up of marks, 76 ; authorities on, 275 : its nature, 276. Hungarians, their history, 234. Iberians, position of, in Europe, 234. Ida begins kingship in Northum- berland, 111. Iliad, question of the genuineness of its ninth and tenth books, 286. Ilios, foundation of, 56. Imperium, effect of the doctrine of, 243. India, its relation to England, how ttrperioikic, 185. Inc, laws of, 328. Ing, Teutonic patronymic ending, .262. Intcrrcx, interregnum, origin of the names, 94 ; office always patri- cian, 165, 291. Inventions, cases of their independ- ent occurrence, 20. lona, abbots and bishops of, 291. Ionic Tribes, nature of, 268. Ireland, repetition of English in- stitutions in, 16. Isokratis, his definition of demo- cracy, 238 ; his exhortations to Philip, 245, 248. //'///, common origin of its inha- bitants with those of Greece, 33 ; early political institutions of, 42 ; city life less develojxjd in, than in Greece, 61 ; its history largely federal, 62, 63 ; its institutions more primitive than those of Greece, 64 ; influence of the gtna in, 65 ; Teutonic character of its mediaeval polity, 82, 83: its 352 INDEX parallel with ancient Greece, 83 ; developement of the cities in, 84 ; modern kingdoms in, 90, 282 ; nature of its mediaeval democracies, 153 ; extent of Greek colonization in, 226 ; comparative rarity of great cities in, 257 ; origin of its ancient towns, ib. Ithakt, many kings in, 94, 111 ; no assembly held in, during the absence of Odysseus, 132. J. Jarl, Karl, and Thrall, legend of their creation, 162. Jerusalem, assizes of, 16. Joseph the Second, last king of the Romans, 104, 304. Judah, hereditary succession of its kings, 289. Jvdges among the Hebrews and Goths, 109. Judicial Power, gradually separated from the legislative, 156, 157. Julian, his use of the Greek lan- guage, 206. Jupiter, Alfred's account of, 305. Jus imaginum, at Rome, 165. Jus Latii, meaning of, 258. Justinian, his historical position, 36 ; extent of his empire, 235. K. Kallikratidas, Greek patriotism of, 246. Kcmble, F. M., quoted, 252, 262, 272, 273, 276, 280, 311. Kent, assembly of, at Pennenden Heath, 317. King Archon at Athens, 294. King of the Ramans, history of the title, 104. Kingdom, made up of shires or pagi, 76 ; formed by the union of smaller states, 109 ; division of, 1 10 ; territorial theory of, 1 12 ; German, KINGSHIP. its revival, 1 16 ; growth of, in Germany and Italy, 286, 287. Kings, represent the national stage of growth, 90, 106 ; difficulty of defining, 88 ; Romance and Teu- tonic names of, ib. ; their position in ancient Greece, 92, 289 ; limi- tation on their authority, 93 ; their position at Sparta, Argos and Athens, 95, 96, 98 ; their oath in Molossis, 102 ; their posi- tion in Macedonia, ib. ; at Rome not divine, ib. ; Teutonic kings, Roman offices held by, 104 ; how chosen, 104-105; description of, by Tacitus, ib. ; descendants of Woden, 105 ; origin of the name, 105, 106-107 ; unknown among the Old-Saxons, 106 ; ecclesiastical coronation of, 107 ; its political effects, 108 ; beginning of heredi- tary succession among, ib. ; great numbers of in early times, 109- 111, 306; clothed with imperial ideas, 112; changed into terri- torial lords, ib. ; changes in their titles, 112, 307 ; difference of their powers, 113; their relation to their ministers, 113, 117 ; English, subject to the law, 114 ; growth of their power, 116; traces of their election in England, 153 ; election of in Poland, 155 ; prose- cute crimes in the name of the commonwealth, 177, 180 ; imperial titles borne by in England, 230 ; their sacred character, Christian and heathen, 288 ; their power granted by Zeus, 289 ; succession of in Judsea and France, ib. ; how spoken of by Hesiod, 290 ; cut down to priestly functions, 291 ; name applied to the Athenian archons, 297. Kingship, distinction between its power and its titles, 49, 117 ; put into commission at Rome, 117 ; general idea of, 90 ; its religious INDEX 353 character, 91, 107 ; lawyers' theory of, 91-92 ; its original character, 92 ; evidence of its existence at Rome, 94, 96 ; its elective character, 97 ; modifica- tion of in city states, 98 ; history of at Sparta, 98, 292, 293; at Athens, 99 ; opposite reasons for its abolition at Rome and at Athens, 99, 296 ; continued in Epeiros and Macedonia, 101 ; its German form united with the Roman Empire, 104 ; displaces the earlier rule of Ealdormen, 106 ; its origin and continuity in England, 106, 111, 113, 114; modifications of in later times, 112 ; its various shapes, 113, 287 ; modified by the settlement of the Teutonic nations within the Em- pire, 115; in Germany absorbed by the Empire, 116; its elective character in Germany, ib. ; strictly hereditary in France, 117 ; its position in modern times, ib. ; survival of in the American president, 118; distinguished from royalty, 119 ; inconsistent with aristocracy, 174 ; why not held for a term, 287 ; temporary re- vivals of, 288 ; survivals of in Greece, 291 ; duration of at Argos, 293 ; Greek definition of, 297 ; decline of in Mercia, 310. Kirk, Anglian form of church, 232. AV. />///. //.\, his arrangement of tribes and Demoi, 269. Kltmnenta restores the Spartan kingship, 98. Klf&n, accident of his promotion, 164. Kiidros, the archonship continued in his family, 99. A'tiln, capitol at, 223. Knrkyra, her relations to Corinth, 881. Kykl6i>cs, traditions of, 250. LEX REGIA. Lacedcemonian Confederacy, way of voting in its Assembly, 318. Laconia, position of the irtploiKot in, 161. Landesgemeinden, in Uri and other cantons, 29 ; time of balding, 310. Languages, various ways of spread- ing, 18-19. Lappcnberg, J. M., quoted, 274. Latin language, its special connexion with Greek, 132 ; its place in universal history, 209-211 ; its early, its classical, and its me- diaeval forms, 209, 210 ; the tongue of law and dominion, 210 ; its ecclesiastical position, 210, 211 ; continued in the Romance lan- guages, 211-218; how to be studied, 218. Latins, position of, 259. Law, power of, in England, 114. Law, Roman, abiding influence of, 83 ; its influence on Teutonic king- ship, 111, 116; the great work of Rome, 210, 211. Lawyers, their theory of kingship, 112. Learning, Revival of, in the fifteenth century, 192 ; its good and bad side, 192-195. Legends of Greek heroes in Italy and Germany, 33 ; value of at Rome, 295, 296. LeMans, growth of the city, 250. Lcotychid&i, his taunt to Demaratos, 296. Iscwtx, l>attle of, poem on, 338. Lewis, Sir G. U., on the Presidency of Deliberative Assemblies, 299. Lewis the Second, Emperor, his argu- ment about /Wj and 0aat\ivs, 231. Lfx Hortfnsia, ita effect, 244. Lex regia, effect of the doctrine of, 243. A A 354 INDEX LIKENESSES. Likenesses, different classes of, 15, 19. Lincoln, history of, 284. Lion, name and history of, 233. Lithuania, antiquity of its language, 195, 335. Liti, position of, 161, 311. Loaf-eaters, compared with clients, 326. Lombards, fall back on the govern- ment of dukes, 109. Long, Mr. G., quoted, 265. Lords, House of, its origin, 150, 151 ; its judicial powers, 156. Lowe, Mr. E., his view of University studies, 341. Lilbeck, its analogy with Carthage, 284. Lucan, his flattery of Nero, 213. Lyiiadas, his history, 202. Lydus, John, his distinction of Em- peror, King, and Tyrant, 301. Lyka6n, slain by Achilleus, 327. Lykia, way of voting in, 144, 145 ; history of its confederation, 202, 258. Lysias, his position at Athens, 254. M. Macedonia, the older condition oi Greece continued in, 57 ; consti tution of, 102, 135 ; its historica position, 101 ; history of kingship in, 102 ; character of Macedonian kingdoms in Asia, ib. ; imperfec tion of its history, 135 ; influenci of Greece on, 206 ; growth of city life in, 253 ; names and working o the Assembly in, 312, 314. Maecenas, his verses, 261. Mceg&, nature of, 274. Magistrates, greater power of, in aristocratic states, 139 ; in federa states, ib. ; powers of in Italian cities, 153. Maine Sir H. S., quoted, 243, 250 259, 261, 265, 272, 275, 279. MIXED GOVERNMENTS. fanor, its connexion with the mark, 279. \fantineia, foundation and history of, 57, 252, 253. Marciis Aurelius, his use of the Greek language, 206. Marius, Caius, 166 ; his election to the consulship, 166, 322. Mark, Markgenossenschaft, Teutonic form of the gens, 75, 273 ; its history and nomenclature in Eng- land, 79, 262 ; its assembly con- tinued in the parish vestry, 153 ; authorities on, 272 ; common occu- pation of land in, ib. ; cases of in the East, 275 ; lost in the parish and the manor, 279. Marzfeld, its working, 142. Massalia, its influence in Gaul, 38, 205, 237 ; conquest of, by Charles of Anjou, 205, 336. Maurer, G. L., quoted, 273. Mayor, introduction of the title, 224. Mede&n, JEtolisai assembly held before, 313. Megalopolis, foundation of, 57, 251. Menestheus, the first demagogue, 289. Mercia, its gradual incorporation with Wessex, 310. Mctellus, his language to Marius, 322. MS'TOJKOI, Greek, their position, 126, 182, 253; answer to English foreigners, ib. ; to Swiss nieder- gelassenen, 183-185 ; their special tax, 254. Michael, Emperor, addresses Charles the Great as Basileus, 230. Middle Class, specially English, 171. Military service, universal duty of, in early times, 127. Mill, history and cognates of the word, 4, 221. Ministers, their relation to the Crown, 117. Mixed Governments, views of ancient writers on, 238. INDEX 355 Moguls, analogy of their empire with that of Rome, 216. Molossis, position of the kings in, 102. Momrnsen, Th., quoted, 257, 263, 269, 270, 295. Monarch, use of the word, 110. Monarchy, primitive traces of, 41 ; distinguished from kingship, 110. Morlot family, their admission at Bern, 174. Mosaic Law, right of private venge- ance limited by, 177 ; principle of talio recognized by, 178. MvJ,, wergild paid for, 328. Miiller, Max, quoted, 12, 221, 222, 233, 239 ; his view of the word cyning, 305. Matter, 0., quoted, 268. Mund, answers to the Roman Po- testas, 75, 275. Mundi Dominus, title of mediaeval Emperors, 308. Municipalities, Roman, influence on mediaeval Europe, 85-86. Mythology, scientific and unscientific treatment of, 7. Mythology, Comparative, its relation to comparative philology, 4, 7 : to the study of culture, 11. N. Ntevius, his epitaph, 337 ; his posi- tion in the history of the Latin language, 209 ; his Saturnian lines, 338. Nation, one form of the State, 52. Nationality, definition of, 53, 54 ; oppressed nationalities, 246. Nationalrath, Swiss, its constitution, 152. Naturalization, contrast as to, be- tween different ages, 126-127. Neale, Mr. J. Af., quoted, 338. Niblcy Green, battle of, 328. Niebuhr, his view of the gentes, 264. Nicdcrgelassenen, Swiss, answer to the Greek utrontot, 183-185. Nub i I is, meaning of, at Rome, 105. OLIGARCHY. Nobility, none in England, 150, 170- 171 ; various origins of, 159, 160 ; nobility of office supplants nobility of birth, 159, 165, 166; im- memorial among the Teutonic nations, 162 ; history of at Athens, 162-164 ; at Rome, 164-165 ; ple- beian form of at Rome, 165, 166 ; modern, its origin in the Comi- tatus, 170 ; nature of in France, 172, 173. Nomen, use of at Rome, 68 ; its political importance, 266. Nomenclature, diversities of in kin- dred tongues, 43 ; analogies in, 46, 47 ; Roman and Athenian compared, 263, 266. Non-Aryan Races, analogies of their institutions, 37. Norman Conquest of England, its effects, 113. Northumberland, formation of the kingdom of, 111, 281. Norway, united under Harold Har- fagra, 111. Nomis Homo, at Rome, 166. Numa, Greek element in his legend, 96 ; its value, 295, 296. Niirnbcrg, patrician families at, 326. O. 'nfSai, their nature and duration at Sparta, 68, 268. Odoacer, his patriciate, 301. Odysseus, his dealings with the . kings before Ilios, 111 ; legends of in Germany, 233 ; how de- scribed by Alfred, 313. Offices, various names of in kindred tongues, 45-46. Old Man of the Mountain, his de- scription, 47, 241. Old-Saxons, their retention of the old freedom, 78 ; their federal union, 78, 276 ; kingship unknown among, 106 ; three orders among, 321. Oligarch y, growth of at Venice, 320. 856 INDEX OLYMPIAS. Olympias, claims a trial before the Macedonian Assembly, 314. Opposition speakers, existence of in the Homeric Assembly, 133. "O/yewj/fs at Athens, 266. Ottomans, called Romans in the East, 260. Oxford University, way of voting in Convocation, 316. P. Pagan, origin of the name, 72. Pagus, equivalent to Gau or Shire, 76 ; mediaeval definition of, 248. Papacy, its witness to Roman per- manence, 213. Parish, its connexion with the Mark, 75, 279. Parliament, its origin and growth in England, 13, 149, 150 ; action of at Florence, 153, 320. Parthentin, its use as a Christian church, 214. Patria, use of the word, 55. Patria Potestas, its connexion with the Mund, 75. Patricians, use of the name in the (lerman cities, 85 ; origin of their privileges at Rome, 160, 163, 321 ; gradual loss of them, 164, 165. Patriciate of Theodoric, 301 ; of Odoacer, ib. Tlarpis, use of the word, 55, 248. Patronymics, use of in English local nomenclature, 66, 262 ; practical effect of their use, 68. Peerage, English, its origin and nature, 170-171 ; its existence in- consistent with nobility, 170, 171. Pclops, no authority in Homer for his Lydian origin, 288. Pembrokeshire, local nomenclature of, 262. I\tvtari, Thessalian, position of, 311. Perc.yriiii, distingushed from Gives, 258. POSEIDON. Pergamos, rise of, 203. Perikles, nature of his influence, 139 ; his description of demo- cracy, 315. IlepiotKot, their position, 161 ; in- stances of, in mediaeval and modern Europe, 185-188; differ- ences in their practical position, 188, 189; compared with the Italian allies, 330. Persians, their military powers, 234. Philology, Comparative, its relations to the other comparative sciences, 2, 7, 11 ; germs of in Giraldus and Roger Bacon, 332, 333. Philotas, condemned by the Mace- donian Assembly, 314. Qparpa, tpparpta, pdru>p, use of the words, 46 ; answer to the Latin curia, 67 ; and the Teutonic hun- dred, 75 ; cognate words, 240. $v\o&u ; effects of the French invasion of, 187 ; treatment of the common baili- wicks, 189 ; position of the Ro- mance cantons in, 228 ; origin of the confederation, 235 ; use of the name, 284 ; importance of its history, 330. Sysscl, equivalent to Gau or Shire, 76. T. Tacitus, his views as to mixed government, 42, 238 ; his picture of the early Germans, 42, 104 ; trustworthiness of his Germania, 239 ; his report of Claudius' speech, 259. Talio, recognized by the Mosaic and Roman law, 178 ; how regulated in England, 178, 179. Territorial idea of kingship, 112; titles, ib. Teutonics, use of the word by Giral- dus, 333. Teutons, their separation from the other Aryan stocks in Europe, 35 ; their institutions more pri- mitive than those of Greece and Italy, 64 ; the idea of the city never fully developed among, 65, 73 ; relations of their history to that of Greece and Italy, 71, 82 ; their tribes grow into na- tions, 72, 79 ; their slower but surer growth, 74 ; first descrip- tion of them by Tacitus, 74, 75 ; carry their institutions into the conquered countries, 78, 79 ; their institutions the groundwork of modern European society, 82 ; modification of their institutions through Roman influences, 82, 800 INDEX }>EGENL1C. 83, 115 ; position of cities among, 83. Bcgenlic, use of the word, 324. Thcgn, analogies with, in other na- tions, 166 ; origin and growth of the order, 166, 167 ; change in the meaning of the word, 167, 323 ; supplant the Eorls, 156, 170. Theodoric, his consulship and patri- ciate, 103, 301. SfpdirovTfs, answer to the English tygnas, 166. Thcrsit&s, how dealt with in the Homeric Assembly, 133. Thierry, Augustin, quoted, 223. Thirlwall, Bishop, quoted, 337. Thiudans, origin and cognates of the name, 44. Three Estates, popular error about, 222. Thucydides, character of his history, 227 ; witness of his Preface, 251. Tiberius at Capreae, 55. Timbrian, use of the word, 233. Tithing, authorities on, 275. Titienses, their origin, 70. Toulouse, its capitol and magistrates, 17, 223. Towns, various classes of, in Eng- land, 283. Tribes, Dorian, 68, 69 ; local origin of at Rome, 69, 70, 269, 270 ; their later character at Athens, 70, 269 ; formation of new tribes at Rome, 70, 271 ; their relation to the Gau, 77 ; temporary union of, ib. ; assembly of, at Rome, 145. Tribunes, their power at Rome, 147. Tribunitia potestas, chief source of the imperial power, 103, 300. Tylor, Mr. E. ., quoted, 12, 222, 328. Tyrannicide, lawful at Rome and Athens, 176. Tyrant, meaning of the name, 101. VIEKLASUK. U. Undersatcn, use of the word, 330. Unfree, position of, 311. United States, analogy between its constitution and that of Achaia, 21 ; their relation to British America, 52 ; constitution of the two Houses of Congress, 151. United Provinces, origin of their confederation, 235. Unterthanen answer to icepioiKoi, 188. Urbs Sterna, use of the name, 228. Uri, its possession of dependencies, 188 ; bull of, 233. V. Valtelina, its history, 188. Vandals, history of their kingdom, 115. Vassal, origin of the word, 324. Vassalage, origin and growth of, 167; its connexion with the old comita- tus, 324, 325. Veii, Roman assembly held at, 312. Vengeance, private, origin of crimi- nal jurisprudence, 175 ; gradually regulated by the commonwealth, 176 ; Hebrew, Greek, Roman, and English legislation on, 326, 327 ; regulated by the wergild, 178- 180. Venice, its unbroken connexion with ancient times, 82, 283 ; Great Council of, 125, 188, 320 ; position of the cittadini at, 161 ; origin and character of its nobility, 167, 174 ; nature of its government, 172-173 ; its relation to its subject states, 185. Verona, name of, 284. Vestry, parish, represents the assembly of the Mark, 153. Vierlande, district of, held in con- dominium by Liibeck and Ham- burg, 186. INDEX 361 Village, a stage between the family and the oity, 261. Village communities, a form of the Gens, 66, 75, 262; first recorded state of the Teutonic nations, 75. Villains, position of, 161, 311. Voting, early ways of, 133. Voting-papers, use of at Rome, 260. W. Wager of battle, its origin and aboli- tion, 177. Waitz, O. H., quoted, 239, 240, 274, 275, 276, 288, 311, 317, 322, 324. Wallis, retention of the old freedom in, 78 ; dominion of Upper over Lower, 188. War, private, gradually limited by law, 176-180 ; late case of in England, 180. Ward, Mr. A. W., 342. Warren, Mr. J. L., quoted, 336. Washington, Capitol of, 17. Werglld, a common Aryan institu- tion, 175, 178 ; grows out of the right of private vengeance, 175- 178 ; notices of in Homer, 178 ; Old-English legislation on, 178, 179 ; between nation and nation, 179 ; late instance of, in England, 180. Wtti-Gotiis, extent of their kingdom, 23J. ZURICHGATT. West-Saxons, growth of their king- dom, 81 ; fall back on the govern- ment of Ealdormen, 109 ; con- federate Under-kings among, 1 10 ; permanence of their royal house, 114. Whiteside, Chief Justice, his views on Switzerland, 308. William the Conqueror finally unites the English kingdom, 113 ; effects of his legislation, 170, 171. William Unfits, his theory of the royal supremacy, 230. W-itenayemot, an assembly of all freemen, 141 ; shrinks into a small body, 141, 145 ; continued in the House of Lords, 150 ; its ancient powers, 156. Woden, forefather of the Teutonic kings, 105, 305, 306 ; looked on as a man in Christian times, 107. Wunn, C. /., quoted, 330. Z. Zeus, his power in the Assembly of the Gods, 130, 131 ; tM'ofold con- ception of him, 132. Zeuss, K., quoted, 278. Zurich, origin of the city, 284. Zurich'jau, local nomenclature of, 263. Till: END RICHARD CLAY & SONS, LIMITED, LONDON & BUNUAY. UNIVERSITY OF CALIFORNIA LIBRARY, LOS ANGELES COLLEGE LIBRARY This book is due on the last date stamped below. Book Slip-25m-9,'60(.B2<936s4)4280 UCLA-College Library JC 21 F87C 1896 i 005 690 837 9 If College Library JC 21 F8?c 1896 5> > >> > g> - SOUTHERN REGIO^L LIBRARY FAaUT. TTooi 037 663 o -* > >a > , :