prescribes only a single act, and it is to commands, therefore, that
"Themistes" are more akin than to laws. They are simply adjudications
on insulated states of fact, and do not necessarily follow each other
in any orderly sequence.
The literature of the heroic age discloses to us law in the germ under
the "Themistes" and a little more developed in the conception of
"Dike." The next stage which we reach in the history of jurisprudence
is strongly marked and surrounded by the utmost interest. Mr. Grote,
in the second part and second chapter of his History, has fully
described the mode in which society gradually clothed itself with a
different character from that delineated by Homer. Heroic kingship
depended partly on divinely given prerogative, and partly on the
possession of supereminent strength, courage, and wisdom. Gradually,
as the impression of the monarch's sacredness became weakened, and
feeble members occurred in the series of hereditary kings, the royal
power decayed, and at last gave way to the dominion of aristocracies.
If language so precise can be used of the revolution, we might say
that the office of the king was usurped by that council of chiefs
which Homer repeatedly alludes to and depicts. At all events from an
epoch of kingly rule we come everywhere in Europe to an era of
oligarchies; and even where the name of the monarchical functions does
not absolutely disappear, the authority of the king is reduced to a
mere shadow. He becomes a mere hereditary general, as in Lacedaemon, a
mere functionary, as the King Archon at Athens, or a mere formal
hierophant, like the _Rex Sacrificulus_ at Rome. In Greece, Italy, and
Asia Minor, the dominant orders seem to have universally consisted of
a number of families united by an assumed relationship in blood, and,
though they all appear at first to have laid claim to a quasi-sacred
character, their strength does not seem to have resided in their
pretended sanctity. Unless they were prematurely overthrown by the
popular party, they all ultimately approached very closely to what we
should now understand by a political aristocracy. The changes which
society underwent in the communities of the further Asia occurred of
course at periods long anterior in point of time to these revolutions
of the Italian and Hellenic worlds; but their relative place in
civilisation appears to have been the same, and they seem to have been
exceedingly similar in general character. There is some evidence that
the races which were subsequently united under the Persian monarchy,
and those which peopled the peninsula of India, had all their heroic
age and their era of aristocracies; but a military and a religious
oligarchy appear to have grown up separately, nor was the authority of
the king generally superseded. Contrary, too, to the course of events
in the West, the religious element in the East tended to get the
better of the military and political. Military and civil aristocracies
Public-domain text, read in full here on John Shaqi.
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