Munu systrungar sifjum spilla.
"Brothers will wage war against one another and become each other's murderers, and sisters' children will break the bonds of blood." Systrungr means the son of the mother's sister, and an abnegation of the blood kinship from that side surpasses in the eyes of the poet even the crime of fratricide. There is a deliberate climax in that systrungar, emphasizing the maternal kinship. If the term syskina-börn, brother's and sister's children, or syskina-synir, brother's and sister's sons, had been used, there would have been a weakening of the effect, instead of a climax. That shows that even at the time of the Vikings, when the Völuspâ was composed, the recollection of maternal law was not yet blotted out.
Among the Germans with whom Tacitus was familiar maternal law had already given way to paternal lineage. The children were the next heirs of the father; in the absence of children, the brothers and uncles on both sides were next in line. The admission of the mother's brother to the inheritance is a relic of maternal law and proves that paternal law had only recently been introduced by the Germans. Traces of maternal law were preserved until late in the middle ages. It seems that even at this late date people still felt certain misgivings about the reliability of fatherhood, especially among serfs. For when a feudal lord demanded the return of a fugitive serf from a city, it was first required, for instance in Augsburg, Basel and Kaiserslautern, that the fact of his serfdom should be established by the oaths of six of his next blood relations, all of whom had to belong to his mother's kin. (Maurer, Städteverfassung, I, page 381.)
Another relic of declining matriarchy was the (from the Roman standpoint) almost inexplicable respect of the Germans for the female sex. Young girls of noble family were considered the safest bonds to secure the keeping of contracts with Germans. In battle, nothing stimulated their courage so much as the horrible thought that their wives and daughters might be captured and carried into slavery. A woman was to them something holy and prophetical, and they listened to her advice in the most important matters. Veleda, the Bructerian priestess on the river Lippe, was the soul of the insurrection of the Batavians, in which Civilis at the head of German and Belgian tribes shook the foundations of Roman rule in Gaul. The women held undisputed sway in the house. If we may believe Tacitus, they, together with the old men and children, had to do all the work, for the men went hunting, drank and loafed. But as Tacitus does not say who cultivated the fields, and as according to his explicit statement the slaves paid only tithes, but did not work under compulsion, it seems that the adult men would have had to do what little agricultural work was required.
The form of marriage, as stated above, was the pairing family in gradual transition to monogamy. It was not yet strict monogamy, for polygamy was permitted for the wealthy. Chasteness of the girls was in general carefully maintained, different from the custom of the Celts. Tacitus speaks with special ardor of the sacredness of the matrimonial bond among the Germans. Adultery of the woman is alone quoted by him as a reason for a divorce. But his treatment of this subject leaves many a flaw and besides, it too openly holds up the mirror of virtue to the dissipated Romans. So much is certain: Granted that the Germans were such exceptional models of virtue in their forests, it required only a short contact with the outer world to bring them down to the level of the other average Europeans. In the whirl of Roman life the last trace of pure morals disappeared even faster than the German language. Just read Gregorius of Tours. It is obvious that in the primeval forests of Germany no such hyper-refined voluptuousness could exist as in Rome. That implies fully enough superiority of the Germans over the Roman world, and there is no necessity for ascribing to them a moderation and chastity that have never been the qualities of any nation as a whole.
A result of gentile law is the obligation to inherit the enmities as well as the friendships of one's father and relatives; so is furthermore the displacement of blood revenge by the Wergeld, a fine to be paid in atonement of manslaughter and injuries. A generation ago this Wergeld was considered a specifically German institution, but it has since been found that hundreds of nations introduced this mitigation of gentile blood revenge. Like the obligatory hospitality, it is found, for instance, among the American Indians. Tacitus' description of the manner in which hospitality was observed (Germania, chapt. 21) is almost identical with Morgan's.
The hot and ceaseless controversy as to whether or not the Germans had already made a definite repartition of the cultivated land at Tacitus' time, and how the passages relating to this question should be interpreted, is now a thing of the past. After the following facts had been established: that the cultivated land of nearly all nations was tilled collectively by the gens and later on by communistic family groups, a practice which Cesar still found among the Suebi; that as a result of this practice the land was re-apportioned periodically; and that this periodical repartition of the cultivated land was preserved in Germany down to our days—after such evidence we need not waste any more breath on the subject. A transition within 150 years from collective cultivation, such as Cesar expressly attributes to the Suebi, to individual cultivation with annual repartition of the soil, such as Tacitus found among the Germans, is surely progress enough for any one. The further transition from this stage to complete private ownership of land during such a short period and without any external intervention would involve an absolute impossibility. Hence I can only read in Tacitus what he states in so many words: They change (or re-divide) the cultivated land every year, and enough land is left for common use. It is the stage of agriculture and appropriation of the soil which exactly tallies with the contemporaneous gentile constitution of the Germans.
I leave the preceding paragraph unchanged, just as it stood in former editions. Meantime the question has assumed another aspect. Since Kovalevsky has demonstrated that the patriarchal household community existed nearly everywhere, perhaps even everywhere, as the connecting link between the matriarchal communistic and the modern isolated family, the question is no longer "Collective property or private property?" as discussed between Maurer and Waitz, but "What was the form of that collective property?" Not alone is there no doubt whatever, that the Suebi were the collective owners of their land at Cesar's time, but also that they tilled the soil collectively. The questions, whether their economic unit was the gens, or the household, or an intermediate communistic group, or whether all three of these groups existed at the same time as a result of different local conditions, may remain undecided for a long while yet. Kovalevsky maintains that the conditions described by Tacitus were not founded on the mark or village community, but on the household community, which developed much later into the village community by the growth of the population.
Hence the settlements of the Germans on the territory they occupied at the time of the Romans, and on territory later taken by them from the Romans, would not have consisted of villages, but of large co-operative families comprising several generations, who cultivated a sufficient piece of land and used the surrounding wild land in common with their neighbors. If this was the case, then the passage in Tacitus regarding the changing of the cultivated land would indeed have an agronomic meaning, viz., that the co-operative household cultivated a different piece of land every year, and the land cultivated during the previous year was left untilled or entirely abandoned. The scarcity of the population would have left enough spare wild lands to make all dispute about land unnecessary. Only after the lapse of centuries, when the members of the family had increased so that the collective cultivation became incompatible with the prevailing conditions of production, the household communities were dissolved. The former common fields and meadows were then divided in the well-known manner among the various individual families that had now formed. The division of farm lands was first periodical, but later final, while forest, pasture and watercourses remained common property.
It seems that this process of development has been fully established for Russia by historical investigation. As for Germany and, in the second place, for other German countries, it cannot be denied that this view affords in many instances a better interpretation of historical authorities and a readier solution of difficulties than the idea of tracing the village community to the time of Tacitus. The oldest documents, e. g. of the Codex Laureshamensis, are easier explained by the help of the household than of the village community. On the other hand, new difficulties now arise and new questions pose themselves. It will require further investigations to arrive at definite conclusions. However, I cannot deny that the probability is very much in favor of the intermediate stage of the household community.[29]
