Evidently Tacitus depicted the matrimonial relations of the ancient Germans in a somewhat too rosy hue, to set them before the Romans as an example. They indeed severely punished the woman who committed adultery, but the punishment was not inflicted upon the man who committed adultery. At the time of Tacitus, the gens still flourished among the Germans. Tacitus, being accustomed to the more advanced Roman conditions that made the old gentile organization and its foundations seem strange and incomprehensible to him, wonderingly relates that among the Germans a mother’s brother regards his nephew as a son, and that some considered the bond of blood relation between an uncle on the mother’s side and his nephew as being even more sacred than the bond between father and son. For this reason, so he furthermore relates, when hostages were asked for, it was considered a stronger security when a man gave his sister’s son instead of his own. Upon this subject Engels remarks: “When the member of a gens gave his own son as a hostage and he was sacrificed by a breach of the agreement, it was the father’s own concern. But if his sister’s son had been sacrificed a sacred gentile right had been violated. The nearest gentile relation by duty bound to protect the boy or youth, had caused his death. He should either not have pledged him, or should have kept his agreement.”[30] Engels shows that in other respects among the Germans at the time of Tacitus, the matriarchate had already been replaced by the patriarchate. The children inherited from their father. In the absence of children, brothers and uncles on both the father’s and mother’s side were the lawful heirs. That the mother’s brother was admitted to a share in the inheritance, although inheritance was determined by descent on the father’s side, can be explained by the fact that the old law had but recently disappeared. Memories of the old law also caused that profound respect of the German for the female sex, which so greatly surprised Tacitus. He also observed that the courage of the men was kindled to the utmost by the women. The thought of seeing their women led into captivity and servitude was most terrible to the ancient Germans and impelled them to the utmost resistance. But the women also were animated by a spirit that greatly impressed the Romans. When Marius would not permit the captured Teuton women to become priestesses of Vesta (the goddess of virgin chastity) they committed suicide.
At the time of Tacitus the Germans possessed fixed abodes. There was an annual division of the soil, which was determined by lot, and the wood, the streams and the pasture-ground were considered common property. Their mode of life was extremely simple; their wealth consisted mainly of cattle; coarse woolen cloaks or the hides of animals constituted their clothing. Women and some men of rank wore linen under-garments. Metal tools and weapons were manufactured only by those tribes who lived in too remote parts for the importation of Roman products of industry. In minor matters decisions were rendered by the council of chiefs; in more important matters by the popular assembly. Originally the chiefs were elected, though usually from one particular family. But the transition to the patriarchal system favored the heredity of the position, and finally led to the formation of a hereditary nobility that later on developed into kingship. As in Greece and Rome, the German gens perished by the rise of private property, the development of industry and commerce, and intermarriage with members of foreign tribes and nations. The gens was replaced by the mark community, a democratic organization of free peasants that constituted a firm bulwark against the encroachments of church and nobility for many centuries, and did not quite disappear even then when the feudal state had come into power and the free peasants had been forced into a condition of servitude. The mark community was represented by the heads of the families. Wives, daughters and daughters-in-law were excluded from the council. The times had passed in which women conducted the affairs of the tribe—an incident which greatly amazed Tacitus, and which he describes with remarks of scorn. In the fifth century the Salic law repealed the right of inheritance of women to patrimonial estates.
Every male member of the mark community was entitled, upon marriage, to share in the common soil. Usually grandparents, parents and children lived under one roof in a household community, and so it frequently occurred that for the purpose of obtaining an additional share, a son who had not yet attained the marriageable age was joined in wedlock with some maiden of marriageable age by proxy, the father acting as husband in place of the son.[31] Newly married couples were given a cartload of beachwood and wood to build a log cabin. Upon the birth of a daughter, parents also received one cartload of wood; upon the birth of a son they received two. The female sex accordingly was considered worth only half as much as the male sex.
The marriage ceremony was simple. Religious rites were unknown. A mutual agreement was sufficient, and as soon as the couple had entered the nuptial bed, the marriage was contracted. Only in the ninth century that custom arose according to which a religious ceremony was necessary to legalize a marriage, and as late as the sixteenth century, marriage was made a sacrament of the Catholic Church by a decision of the council of Trent.
[30] Engels: “Origin of the Family.”
[31] The same custom was met with in Russia during the rule of Mir.
[2.—Feudalism and the Right of the First Night.]
With the rise of the feudal state the position of a great many commoners became considerably worse. The victorious leaders of the army abused their power by taking possession of large tracts of land. They considered themselves entitled to the common property, and did not hesitate to distribute it among their followers, slaves, serfs or freed men, either for temporary use or with the right of inheritance. Thereby they created for themselves a court and military nobility, devoted to them in all things. The establishment of a large realm of the Franks destroyed the last traces of gentile organization. The council of the chiefs was replaced by the leaders of the army and the newly created nobility.
Gradually the great mass of the commoners were driven into a condition of exhaustion and pauperism, as a result of the continuous wars of conquest and the disputes of their rulers, for which they had to bear the heaviest burdens. They could no longer serve in the militia. In their place the lords and noblemen recruited vassals, and the peasants placed themselves and their possessions under the protection of a worldly or spiritual lord—for the church had succeeded in becoming a great power within a few centuries—in return for which they paid rent and taxes. Thus the free farms were transformed into leased property, and as time went by new duties were constantly imposed. Having once come into this dependent position, it was not long before the peasants were deprived of their personal liberty as well. Bondage and serfdom expanded more and more. The feudal lord held almost unrestricted sway over his serfs. His was the right to compel any man who had attained the eighteenth and any girl who had attained the fourteenth year, to become married. He could prescribe to both men and women whom they were to marry, even in the case of widows and widowers. As lord of his subjects, he considered himself entitled to sexual intercourse with his female serfs, and his power was expressed in the “jus primae noctis” (the right of the first night). This right might also be practiced by his representative (major domo) unless the right were waived upon payment of a tax. The terms “bed-tribute,” “virgin’s tribute,” etc., betray the nature of these taxes.