The statement that each naukrary was obliged to furnish one ship
can hardly be true of the time before Solon: as Pollux states
it, we should be led to conceive that he only infers it from the
name ναύκραρος (Pollux, viii, 108), though the real etymology
seems rather to be from ναίω (Wachsmuth, Hellen. Alt. sect.
44, p. 240). There may be some ground for believing that the
old meaning, also, of the word ναύτης connected it with ναίω;
such a supposition would smooth the difficulty in regard to
the functions of the ναυτόδικαι as judges in cases of illicit
admission into the phratores. See Hesychius and Harpokration, v.
Ναυτόδικαι; and Baumstark, De Curatoribus Emporii, Friburg, 1828,
p. 67, _seq._: compare, also, the fragment of the Solonian law, ἢ
ἱερῶν ὀργίων ἢ ναῦται, which Niebuhr conjecturally corrects. Rom.
Gesch. v. i, p. 323, 2d ed.; Hesychius, Ναυστῆρες—οἱ οἰκέται. See
Pollux, Ναῦλον, and Lobeck, Ῥηματικὸν, sect. 3, p. 7; Ἀειναῦται
παρὰ Μιλησίοις? Plutarch, Quæst. Græc. c. 32, p. 298.
But the phratries and gentes are a distribution completely different
from this. They seem aggregations of small primitive unities into
larger; they are independent of, and do not presuppose, the tribe;
they arise separately and spontaneously, without preconcerted
uniformity, and without reference to a common political purpose;
the legislator finds them preëxisting, and adapts or modifies them
to answer some national scheme. We must distinguish the general
fact of the classification, and the successive subordination in the
scale, of the families to the gens, of the gentes to the phratry, and
of the phratries to the tribe,—from the precise numerical symmetry
with which this subordination is invested, as we read it,—thirty
families to a gens, thirty gentes to a phratry, three phratries to
each tribe. If such nice equality of numbers could ever have been
procured, by legislative constraint[82] operating upon preëxistent
natural elements, the proportions could not have been permanently
maintained. But we may reasonably doubt whether it did ever so exist:
it appears more like the fancy of an author who pleased himself
by supposing an original systematic creation in times anterior to
records, by multiplying together the number of days in the month
and of months in the year. That every phratry contained an equal
number of gentes, and every gens an equal number of families, is
a supposition hardly admissible without better evidence than we
possess. But apart from this questionable precision of numerical
scale, the phratries and gentes themselves were real, ancient, and
durable associations among the Athenian people, highly important to
be understood.[83] 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, bound together by,—1. Common religious
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