More illustrations would simply involve me in tedious repetitions—so strikingly similar are the barbarian societies under all climates and amidst all races. The same process of evolution has been going on in mankind with a wonderful similarity. When the clan organization, assailed as it was from within by the separate family, and from without by the dismemberment of the migrating clans and the necessity of taking in strangers of different descent—the village community, based upon a territorial conception, came into existence. This new institution, which had naturally grown out of the preceding one—the clan—permitted the barbarians to pass through a most disturbed period of history without being broken into isolated families which would have succumbed in the struggle for life. New forms of culture developed under the new organization; agriculture attained the stage which it hardly has surpassed until now with the great number; the domestic industries reached a high degree of perfection. The wilderness was conquered, it was intersected by roads, dotted with swarms thrown off by the mother-communities. Markets and fortified centres, as well as places of public worship, were erected. The conceptions of a wider union, extended to whole stems and to several stems of various origin, were slowly elaborated. The old conceptions of justice which were conceptions of mere revenge, slowly underwent a deep modification—the idea of amends for the wrong done taking the place of revenge. The customary law which still makes the law of the daily life for two-thirds or more of mankind, was elaborated under that organization, as well as a system of habits intended to prevent the oppression of the masses by the minorities whose powers grew in proportion to the growing facilities for private accumulation of wealth. This was the new form taken by the tendencies of the masses for mutual support. And the progress—economical, intellectual, and moral—which mankind accomplished under this new popular form of organization, was so great that the States, when they were called later on into existence, simply took possession, in the interest of the minorities, of all the judicial, economical, and administrative functions which the village community already had exercised in the interest of all.
NOTES:
1. Numberless traces of post-pliocene lakes, now disappeared, are found over Central, West, and North Asia. Shells of the same species as those now found in the Caspian Sea are scattered over the surface of the soil as far East as half-way to Lake Aral, and are found in recent deposits as far north as Kazan. Traces of Caspian Gulfs, formerly taken for old beds of the Amu, intersect the Turcoman territory. Deduction must surely be made for temporary, periodical oscillations. But with all that, desiccation is evident, and it progresses at a formerly unexpected speed. Even in the relatively wet parts of South-West Siberia, the succession of reliable surveys, recently published by Yadrintseff, shows that villages have grown up on what was, eighty years ago, the bottom of one of the lakes of the Tchany group; while the other lakes of the same group, which covered hundreds of square miles some fifty years ago, are now mere ponds. In short, the desiccation of North-West Asia goes on at a rate which must be measured by centuries, instead of by the geological units of time of which we formerly used to speak.
2. Whole civilizations had thus disappeared, as is proved now by the remarkable discoveries in Mongolia on the Orkhon and in the Lukchun depression (by Dmitri Clements).
3. If I follow the opinions of (to name modern specialists only) Nasse, Kovalevsky, and Vinogradov, and not those of Mr. Seebohm (Mr. Denman Ross can only be named for the sake of completeness), it is not only because of the deep knowledge and concordance of views of these three writers, but also on account of their perfect knowledge of the village community altogether—a knowledge the want of which is much felt in the otherwise remarkable work of Mr. Seebohm. The same remark applies, in a still higher degree, to the most elegant writings of Fustel de Coulanges, whose opinions and passionate interpretations of old texts are confined to himself.
4. The literature of the village community is so vast that but a few works can be named. Those of Sir Henry Maine, Mr. Seebohm, and Walter's Das alte Wallis (Bonn, 1859), are well-known popular sources of information about Scotland, Ireland, and Wales. For France, P. Viollet, Precis de l'histoire du droit francais. Droit prive, 1886, and several of his monographs in Bibl. de l'Ecole des Chartes; Babeau, Le Village sous l'ancien regime (the mir in the eighteenth century), third edition, 1887; Bonnemere, Doniol, etc. For Italy and Scandinavia, the chief works are named in Laveleye's Primitive Property, German version by K. Bucher. For the Finns, Rein's Forelasningar, i. 16; Koskinen, Finnische Geschichte, 1874, and various monographs. For the Lives and Coures, Prof. Lutchitzky in Severnyi Vestnil, 1891. For the Teutons, besides the well-known works of Maurer, Sohm (Altdeutsche Reichs-und Gerichts-Verfassung), also Dahn (Urzeit, Volkerwanderung, Langobardische Studien), Janssen, Wilh. Arnold, etc. For India, besides H. Maine and the works he names, Sir John Phear's Aryan Village. For Russia and South Slavonians, see Kavelin, Posnikoff, Sokolovsky, Kovalevsky, Efimenko, Ivanisheff, Klaus, etc. (copious bibliographical index up to 1880 in the Sbornik svedeniy ob obschinye of the Russ. Geog. Soc.). For general conclusions, besides Laveleye's Propriete, Morgan's Ancient Society, Lippert's Kulturgeschichte, Post, Dargun, etc., also the lectures of M. Kovalevsky (Tableau des origines et de l'evolution de la famille et de la propriete, Stockholm, 1890). Many special monographs ought to be mentioned; their titles may be found in the excellent lists given by P. Viollet in Droit prive and Droit public. For other races, see subsequent notes.
5. Several authorities are inclined to consider the joint household as an intermediate stage between the clan and the village community; and there is no doubt that in very many cases village communities have grown up out of undivided families. Nevertheless, I consider the joint household as a fact of a different order. We find it within the gentes; on the other hand, we cannot affirm that joint families have existed at any period without belonging either to a gens or to a village community, or to a Gau. I conceive the early village communities as slowly originating directly from the gentes, and consisting, according to racial and local circumstances, either of several joint families, or of both joint and simple families, or (especially in the case of new settlements) of simple families only. If this view be correct, we should not have the right of establishing the series: gens, compound family, village community—the second member of the series having not the same ethnological value as the two others. See Appendix IX.
6. Stobbe, Beitrag zur Geschichte des deutschen Rechtes, p. 62.
7. The few traces of private property in land which are met with in the early barbarian period are found with such stems (the Batavians, the Franks in Gaul) as have been for a time under the influence of Imperial Rome. See Inama-Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, Bd. i. 1878. Also, Besseler, Neubruch nach dem alteren deutschen Recht, pp. 11-12, quoted by Kovalevsky, Modern Custom and Ancient Law, Moscow, 1886, i. 134.
8. Maurer's Markgenossenschaft; Lamprecht's "Wirthschaft und Recht der Franken zur Zeit der Volksrechte," in Histor. Taschenbuch, 1883; Seebohm's The English Village Community, ch. vi, vii, and ix.