With respect to the number of persons in a gens it varied with the number of the gentes, and with the prosperity or decadence of the tribe. Three thousand Senecas divided equally among eight gentes would give an average of three hundred and seventy-five persons to a gens. Fifteen thousand Ojibwas divided equally among twenty-three gentes would give six hundred and fifty persons to a gens. The Cherokees would average more than a thousand to a gens. In the present condition of the principal Indian tribes the number of persons in each gens would range from one hundred to a thousand.
One of the oldest and most widely prevalent institutions of mankind, the gentes have been closely identified with human progress upon which they have exercised a powerful influence. They have been found in tribes in the Status of savagery, in the Lower, in the Middle, and in the Upper Status of barbarism on different continents, and in full vitality in the Grecian and Latin tribes after civilization had commenced. Every family of mankind, except the Polynesian, seems to have come under the gentile organization, and to have been indebted to it for preservation, and for the means of progress. It finds its only parallel in length of duration in systems of consanguinity, which, springing up at a still earlier period, have remained to the present time, although the marriage usages in which they originated have long since disappeared.
From its early institution, and from its maintenance through such immense stretches of time, the peculiar adaptation of the gentile organization to mankind, while in a savage and in a barbarous state, must be regarded as abundantly demonstrated.
CHAPTER III. - THE IROQUOIS PHRATRY.
Definition of a Phratry.—Kindred Gentes Reunited in a Higher Organization.—Phratry of the Iroquois Tribes.—Its Composition.—Its Uses and Functions.—Social and Religious.—Illustrations.—The Analogue of the Grecian Phratry; but in its Archaic Form.—Phratries of the Choctas.—Of the Chickasas.—Of the Mohegans.—Of the Thlin-keets.—Their Probable Universality in the Tribes of the American Aborigines.
The phratry (φρατρία) is a brotherhood, as the term imports, and a natural growth from the organization into gentes. It is an organic union or association of two or more gentes of the same tribe for certain common objects. These gentes were usually such as had been formed by the segmentation of an original gens.
Among the Grecian tribes, where the phratric organization was nearly as constant as the gens, it became a very conspicuous institution. Each of the four tribes of the Athenians was organized in three phratries, each composed of thirty gentes, making a total of twelve phratries and three hundred and sixty gentes. Such precise numerical uniformity in the composition of each phratry and tribe could not have resulted from the subdivision of gentes through natural processes. It must have been produced, as Mr. Grote suggests, by legislative procurement in the interests of a symmetrical organization. All the gentes of a tribe, as a rule, were of common descent and bore a common tribal name, consequently it would not require severe constraint to unite the specified number in each phratry, and to form the specified number of phratries in each tribe. But the phratric organization had a natural foundation in the immediate kinship of certain gentes as subdivisions of an original gens, which undoubtedly was the basis on which the Grecian phratry was originally formed. The incorporation of alien gentes, and transfers by consent or constraint, would explain the numerical adjustment of the gentes and phratries in the Athenian tribes.
The Roman curia was the analogue of the Grecian phratry. It is constantly mentioned by Dionysius as a phratry.70 There were ten gentes in each curia, and ten curiae in each of the three Roman tribes, making thirty curiae and three hundred gentes of the Romans. The functions of the Roman curia are much better known than those of the Grecian phratry, and were higher in degree because the curia entered directly into the functions of government. The assembly of the gentes (comitia curiata) voted by curiae, each having one collective vote. This assembly was the sovereign power of the Roman People down to the time of Servius Tullius.
Among the functions of the Grecian phratry was the observance of special religious rites, the condonation or revenge of the murder of a phrator, and the purification of a murderer after he had escaped the penalty of his crime preparatory to his restoration to society.71 At a later period among the Athenians—for the phratry at Athens survived the institution of political society under Cleisthenes—it looked after the registration of citizens, thus becoming the guardian of descents and of the evidence of citizenship. The wife upon her marriage was enrolled in the phratry of her husband, and the children of the marriage were enrolled in the gens and phratry of their father. It was also the duty of this organization to prosecute the murderer of a phrator in the courts of justice. These are among its known objects and functions in the earlier and later periods. Were all the particulars fully ascertained, the phratry would probably manifest itself in connection with the common tables, the public games, the funerals of distinguished men, the earliest army organization, and the proceedings of councils, as well as in the observance of religious rites and in the guardianship of social privileges.
The phratry existed in a large number of the tribes of the American aborigines, where it is seen to arise by natural growth, and to stand as the second member of the organic series, as among the Grecian and Latin tribes. It did not possess original governmental functions, as the gens, tribe and confederacy possessed them; but it was endowed with certain useful powers in the social system, from the necessity for some organization larger than a gens and smaller than a tribe, and especially when the tribe was large. The same institution in essential features and in character, it presents the organization in its archaic form and with its archaic functions. A knowledge of the Indian phratry is necessary to an intelligent understanding of the Grecian and the Roman.
The eight gentes of the Seneca-Iroquois tribe were reintegrated in two phratries as follows:
First Phratry. Gentes.—1. Bear. 2. Wolf. 3. Beaver. 4. Turtle. Second Phratry. Gentes.—5. Deer. 6. Snipe. 7. Heron. 8. Hawk.
Each phratry (De-ă-non-dă′-a-yoh) is a brotherhood as this term also imports. The gentes in the same phratry are brother gentes to each other, and cousin gentes to those of the other phratry. They are equal in grade, character and privileges. It is a common practice of the Senecas to call the gentes of their own phratry brother gentes, and those of the other phratry their cousin gentes, when they mention them in their relation to the phratries. Originally marriage was not allowed between the members of the same phratry; but the members of either could marry into any gens of the other. This prohibition tends to show that the gentes of each phratry were subdivisions of an original gens, and therefore the prohibition against marrying into a person’s own gens had followed to its subdivisions. This restriction, however, was long since removed, except with respect to the gens of the individual. A tradition of the Senecas affirms that the Bear and the Deer were the original gentes, of which the others were subdivisions. It is thus seen that the phratry had a natural foundation in the kinship of the gentes of which it was composed. After their subdivision from increase of numbers there was a natural tendency to their reunion in a higher organization for objects common to them all. The same gentes are not constant in a phratry indefinitely, as will appear when the composition of the