CHAPTERS VI. AND VII.
Coulanges, La Cité Antique.
Grimm, Deutsche Rechts-Alterthümer.
Lavalaye, La Propriété et ses Formes Primitives.
Maine, Ancient Law.
Maine, Village Communities.
Maine, Early Institutions.
Maurer, Geschichte der Dorf-Verfassung.
Nasse, Agricultural Communities of the Middle Ages (translated by Ouvry).
Pictet, Les Origines Indo-Européennes.
In the account here given of the two most important social forms, the patriarchal family and the village community, the endeavour has been rather to present such a picture of them as may exhibit their chief peculiarities in a sufficiently clear and striking manner, than to enter into a minute examination of the various remains from which the picture has been constructed. It must not be supposed, however, that the representations here given can be completely verified from existing information. They are rather to be looked upon as typical of what these forms may have been in their earliest stage and under favourable circumstances. We only meet with traces of them when undergoing decay. Although the writer fully recognizes the importance of the researches of McLellan and others concerning the earlier conditions of society, no attempt has been made to give an account of the results which have been arrived at in this field of inquiry. Two reasons may be assigned for this omission. Firstly, the intrinsic difficulties of treating the subject in a manner suitable to the ‘general reader’ are, it is conceived, a sufficient excuse for the omission. Secondly, the results at present attained are so vague that the mere statement of them would be valueless without entering into great detail. All that can as yet fairly be regarded as established is either that the Aryan and Semitic races have at one time possessed social customs and practices similar to those which are found in the most barbarous people; or that they have during some period of their history so far amalgamated with, or been influenced by, other races that had just emerged from this state, as to absorb into their traditions and customs traces of a social condition of a much lower and more primitive kind than that in which we first find them. If we try to form any conception of what the earlier state may have been, we at once see that the results at present attained are almost purely negative. All that can be predicated is that at one time a large proportion of the human race did not possess the notions of the family and the marriage tie which were entertained by people in the patriarchal state; that they did not trace blood relationship in the same way. What particular customs immediately preceded or led to the patriarchal family, whether this latter is to be considered as the original social type, and the lower forms are to be regarded as derived from it, or vice versâ—to these questions no satisfactory answer can at present be given.
Each step indeed in social change is to be looked upon, to a great extent, as simply a phenomenon to be noted, the causes for which it is impossible to determine accurately. This is especially the case with the village community. The extent of its distribution would incline one to the belief that it is a natural or necessary result of a certain stage of social development; while the elaborate and artificial nature of its construction points to the probability of some common origin from which its developments might be traced. The greatest difficulty, however, lies in trying to assign to this institution its due effect on civilization: for it is frequently found in close combination with institutions to which its spirit seems most strongly opposed. Thus while we find it flourishing among the Germanic tribes, we also discover among them a tendency to the custom of primogeniture much more marked than is discoverable among other Aryan races. Yet this custom scarcely seems to find a place in the pure village community beyond the limits of each individual household. At the same time the patriarchal power was certainly less among the Germans than among the early Romans, and probably also less than among the Slavs.