they were composed of those who were always under kingly government, for every family is governed by the elder, as are its branches, on account of their relationship." In the same division of the work, however, we are told that "in the order of nature the state is prior to the family or individual;" and, in book iii., cap 15, a further passage occurs which is still more inconsistent with an historical belief in the Patriarchal Theory: "The reason that the first governments were generally monarchies was because it was difficult to find a number of persons eminently virtuous, more particularly as they dwelt in particular communities. "

And yet the period at which Aristotle lived was not so far separated from that stage of Grecian life which may be termed patriarchal, that no remnants of such a system existed as evidence to the historical observer. The laws of King Italus were still obtained during his time, and Dr. Mommsen thinks they may denote the institutions common to Græco-Italian life, when the association in communities of families under patriarchal chiefs contained the germ out of which the laws of both nations were moulled. The tribal form of patriarchal life had not entirely died out, and here and there the ancient genealogical tribes existed side by side with the more modern local tribes ;† and still Aristotle, with that peculiar knowledge of Grecian history for which, as before mentioned, he is so much lauded, fails to record the change-fails to recognise, in the contrast, an item of pure history, and in the older form, an argument for many of the points raised in his system of politics.

We have to turn to a different source than historical or philosophical writings in ascertaining the Roman conception of Patriarchal authority. What Homer has done for the Greeks has been very imperfectly accomplished for the Romans, whose origin was veiled even from their own eyes; though there are some glimpses of a possible national epic in the odes which used to be sung on festive occasions, in the houses of men of rank, in praise of the heroes from whom they claimed descent, which are alluded to by Cato in his treatise "Origines," and regretted by Cicero that they had become obsolete.§ The Romans sought for their history in Grecian mythology and Grecian genius ; but we are now coming upon an age when the lost works of Cato may be somewhat compensated for by modern researches into Roman archæology, and Roman history

"History of Rome," book i. cap. ii., vol. i. p. 26, of E. T.

+ Niebuhr's "Rome," vol. i., p. 262. E. T.

‡ Ortolan's "History of Roman Law," sect. ii.

§ Cicero, in Brutum, sect. 19.

Ovid's Metamorphosis views the world unfolded through the mytho logical and ancient times down to the days of Julius Cæsar. And see Momm sen's Rome, book ii. cap. ix.

theo men ptral potem f the Argan race w ti their proper place in the nature of Ronan promess.

Tue - une ir mill we put the Roman enception of the Pational Theory is their legal system. We can only see here i's delay enlisting in the form of its principal relic-the Pa Po Tough the important element in Roman law to a great extent superseled the whole machinery of modern criminal law, thm_h the wie basis on whith Reman family law was funded is that otpreme a thor, there is no trace of its ori in ever having been sought for in the patriarchal primitiveness from which the nation had descer led. With its first introduction into written cles, we perceive also the commencement of its decay, but not a sign of its injustice or its arbitrary introduction into their system. The Twelve Tables make provision relating to the control of the father over his children-the right existing during their whole life to imprison, scourge, keep to rustic labour in chains, to sel or slay, even though they be in the enjoyment of Ligh offices. By the side of this despotic rule, however, is a section (and it derives aditional authority from being an original fragment of the celebrated code, which the preceding is not, stating that three consecutive sales of the son by the father releases the former from the patria potestas-si pater flium ter rerum duit, filius a patre liber esto.‡

Now, so completely is the origin of patria potestas obscured at the time of the Antonines, that Gaius affirms there is scarcely any other nation where fathers are invested with such power over their children as at Rome," although I am aware," he adds, "that among the Galatians parents are invested with power over their children." Sir Henry Maine observes upon this, that had he glanced across the Rhine or the Danube, to those tribes of barbarians which were exciting the curiosity of some among his contemporaries, he would have seen examples of patriarchal power in its crudest forms. But neither did his contemporaries, and amongst them the noble genius of Tacitus, perceive sufficient analogy to trace a common origin from a patriarchal commencent of tribal life, though, according to Professor Stubbs, it is on points of social and political organisation that our greatest debt to Tacitus is due. We owe to his historical taste a narrative which has supplied to modern scholars the place of a Pentateuch or Iliad and Odyssey; but his own country

*Austin, lecture xliv. + Ortolan's History of Roman Law, sec. 119. 1 These are portions of the fourth table; but the first one is not included by Dr. Wordsworth in "Fragments and Specimens of Early Latin,” p. 256. It is given in Ortolan's History of Roman Law, p. 107-Nasmith's translation. Institutes, i. 55.

owed to his historical vision absolutely nothing, or much of the opposition and bitter hostility of Roman and barbarian might have been influenced by the softening power which is now exerting itself on Hindoo and Englishman.

In passing from Roman to English history, it must not be supposed that we are passing from ancient to modern thought. The mediæval age of the world stretches far down into European history, and the subject of this paper illustrates this conception of Bunsen very clearly. Moreover, a peculiar parallelism is observable in that, instead of tracing the evidence from the literature of the age, it is necessary to have recourse to the legal or political actions of the government, as they stand unrecorded except in the dry annals of official routine. The long series of chronicles, due chiefly to the Romish monks, give but very little elucidation of the course of early English historical life; and it would be an interesting chapter of English literature to trace the causes which may account for the late development of historical writing.

England falls equally short with Greece and Rome in failing to perceive what was going on around her from a properly historical point of view. We meet this with peculiar significance in the treatment of Ireland by the English Government.* Sir Henry Maine, in his valuable work on Early Institutions, while noticing the invectives of Sir John Davis and the author of the "Faery Queene " against the "lewd" institutions of the Irish, claims that they were virtually the same institutions as those out of which "the just and honourable law" of England grew. In following the lectures of Professor O'Curry on Irish history, it is easily perceived that the whole basis claimed for Irish institutions, and more particularly those which roused the anger of the English ministers of Elizabeth, was derived from that system common to the whole Aryan peoplethe Patriarchal system. It is not found that the Irish claimed this for themselves, any more than Greece and Rome did of old. Though much of what might have remained had yielded to the raids and innovations of English conquerers, we find that, at a much earlier period of English history the same narrow view of historical evidences was taken as that in Elizabeth's reign. In 1277, King Edward I. wrote to his chief-justice in Ireland that 8000 marks were offered him to establish the English laws in that country; and that he consents to do it, because, says he, those which the Irish make use of are abominable in the sight of God and by consequence ought not to be deemed laws.† The English Justinian held a broad and states

* Vide Dr. Sullivan's Introd. to O'Curry's Lectures on Ancient Irish, page clxxxiv., on the custom of gavelkind.

+ Vide Rymer's Foedera, ii., p. 78.

be constructed from Roman sources, from whence evident traces of the common patriarchal system of the Aryan race will find their proper place in the narrative of Roman progress.

*

The source from which we gain the Roman conception of the Patriarchal Theory is their legal system. We can only see here its decay, existing in the form of its principal relic-the Patria Potestas. Though this important element in Roman law to a great extent superseded the whole machinery of modern criminal law, though the whole basis on which Roman family law was founded is that of paternal authority, there is no trace of its origin ever having been sought for in the patriarchal primitiveness from which the nation had descended. With its first introduction into written codes, we perceive also the commencement of its decay, but not a sign of its injustice or its arbitrary introduction into their system. The Twelve Tables make provision relating to the control of the father over his children-the right existing during their whole life to imprison, scourge, keep to rustic labour in chains, to sell or slay, even though they be in the enjoyment of high offices. By the side of this despotic rule, however, is a section (and it derives additional authority from being an original fragment of the celebrated code, which the preceding is not) stating that three consecutive sales of the son by the father releases the former from the patria potestas-si pater filium ter venum duit, filius a patre liber esto.+

Now, so completely is the origin of patria potestas obscured at the time of the Antonines, that Gaius affirms there is scarcely any other nation where fathers are invested with such power over their children as at Rome," although I am aware," he adds, "that among the Galatians parents are invested with power over their children." Sir Henry Maine observes upon this, that had he glanced across the Rhine or the Danube, to those tribes of barbarians which were exciting the curiosity of some among his contemporaries, he would have seen examples of patriarchal power in its crudest forms. But neither did his contemporaries, and amongst them the noble genius of Tacitus, perceive sufficient analogy to trace a common origin from a patriarchal commencent of tribal life, though, according to Professor Stubbs, it is on points of social and political organisation that our greatest debt to Tacitus is due. We owe to his historical taste a narrative which has supplied to modern scholars the place of a Pentateuch or Iliad and Odyssey; but his own country

* Austin, lecture xliv. + Ortolan's History of Roman Law, sec. 119. These are portions of the fourth table; but the first one is not included by Dr. Wordsworth in "Fragments and Specimens of Early Latin," p. 256. It is given in Ortolan's History of Roman Law, p. 107-Nasmith's translation. Institutes, i. 55.

owed to his historical vision absolutely nothing, or much of the opposition and bitter hostility of Roman and barbarian might have been influenced by the softening power which is now exerting itself on Hindoo and Englishman.

In passing from Roman to English history, it must not be supposed that we are passing from ancient to modern thought. The mediæval age of the world stretches far down into European history, and the subject of this paper illustrates this conception of Bunsen very clearly. Moreover, a peculiar parallelism is observable in that, instead of tracing the evidence from the literature of the age, it is necessary to have recourse to the legal or political actions of the government, as they stand unrecorded except in the dry annals of official routine. The long series of chronicles, due chiefly to the Romish monks, give but very little elucidation of the course of early English historical life; and it would be an interesting chapter of English literature to trace the causes which may account for the late development of historical writing.

England falls equally short with Greece and Rome in failing to perceive what was going on around her from a properly historical point of view. We meet this with peculiar significance in the treatment of Ireland by the English Government.* Sir Henry Maine, in his valuable work on Early Institutions, while noticing the invectives of Sir John Davis and the author of the "Faery Queene" against the "lewd" institutions of the Irish, claims that they were virtually the same institutions as those out of which "the just and honourable law" of England grew. In following the lectures of Professor O'Curry on Irish history, it is easily perceived that the whole basis claimed for Irish institutions, and more particularly those which roused the anger of the English ministers of Elizabeth, was derived from that system common to the whole Aryan people— the Patriarchal system. It is not found that the Irish claimed this for themselves, any more than Greece and Rome did of old. Though much of what might have remained had yielded to the raids and innovations of English conquerers, we find that, at a much earlier period of English history the same narrow view of historical evidences was taken as that in Elizabeth's reign. In 1277, King Edward I. wrote to his chief-justice in Ireland that 8000 marks were offered him to establish the English laws in that country; and that he consents to do it, because, says he, those which the Irish make use of are abominable in the sight of God and by consequence ought no to be deemed laws.† The English Justinian held a broad and states

* Vide Dr. Sullivan's Introd. to O'Curry's Lectures on Ancient Irish, page clxxxiv., on the custom of gavelkind.

+ Vide Rymer's Foedera, ii., p. 78.