History of Human Society

Tribal Life. – Referring to the period of Germanic history prior to the influence of the Romans on the customs, laws, and institutions of the people, which transformed them from wandering tribes into settled nationalities, it is easy to observe, even at this time, the Teutonic character. The tribes had come in contact with Roman civilization, and many of them were already being influenced by the contact. Their social life and habits were becoming somewhat fixed, and the elements of feudalism were already prominent as the foundation of the great institution of the Middle Ages. This period also embraces the time when the tribes were about to take on the influence of the Christian religion, and when there was a constant mingling of the Christian spirit with the spirit of heathenism. In fact, the subject should cover all that is known of the Germanic tribes prior to the Roman contact and after it, down to the full entrance of the Middle Ages and the rise of new nationalities. In this period we shall miss the full interest of the society of the Middle Ages after the feudal system had transformed Europe or, rather, after Europe had entered into a great period of transformation from the indefinite, broken-down tribal life into the new life of modern nations.

Tribal society has its limitations and types distinctive from every other. The very name "tribe" suggests to us something different from the conditions of a modern nation. Caesar and Tacitus were accustomed to speak of the Germanic tribes as nationes, although with no such fulness of meaning as we attach to our modern nations. The Germanic, like the Grecian, tribe is founded upon two cardinal principles, and is a natural and not an artificial assemblage of people. These two principles are religion and kinship, or consanguinity. In addition to this there is a growth of the tribe by adoption, largely through the means of matrimony and the desire for protection.

These principles in the formation of the tribe are universal with the Aryan people, and, probably, with all other races. There is a clustering of the relatives around the eldest parent, who becomes the natural leader of the tribe and who has great power over the members of the expanded family. There is no state, there are no citizens, consequently the social life must be far different from that which we are accustomed to see. At the time of our first knowledge of the Germans, the family had departed a step from the conditions which bound the old families of Greece and Rome into such compact and firmly organized bodies. There was a tendency toward individualism, freedom, and the private ownership of land. All of these points, and more, must be taken into consideration, as we take a brief survey of the characteristics of the early Teutonic society. What has been said in reference to the tribe, points at once to the fact that there must have been different ranks of society, according to the manner in which a person became a member of the tribe.

Classes of Society. – The classes of people were the freemen of noble blood, or the nobility, the common freemen, the freedmen, or half-free, and the slaves.

The class of the nobility was based largely upon ancient lineage, some of whom could trace their ancestry to such a distance that they made tenable the claim that they were descended from the gods. The position of a noble was so important in the community that he found no difficulty in making good his claim to pure blood and a title of reverence, but this in no way gave him any especial political privilege. It assured a consideration which put him in the way of winning offices of preferment by his wealth and influence, but he must submit to the decision of the people for his power rather than depend upon the virtues of his ancestry. This is why, in a later period, the formation of the new kingship left out the idea of nobility and placed the right of government upon personal service. The second class represented the rank and file of the German freemen, the long-haired and free-necked men, who had never felt the yoke of bondage. Those were the churls of society, but upon them fell the burden of service and the power of leadership. Out of this rank came the honest yeomen of England.

The third class represented those who held lands of the freemen as serfs, and in the later period of feudal society they became attached to the soil and were bought with the land and sold with the land, though not slaves in the common acceptation of the term. The fourth class were those who were reduced to the personal service of others. They were either captives taken in war or those who had lost their freedom by gambling. This body was not large in the early society, although it tended to increase as society developed.

It will be seen at once that in the primitive life of a people like the one we are studying, there is a mingling of the political, religious, and social elements of society. There are no careful lines of distinction to be drawn as in present society, and more than this – there was a tendency to consolidate and simplify all of the forms of political and social life. There was a simplicity of forms and a lack of conventional usage, with a complexity of functions.

The Home and the Home Life. – The family of the Germans, like the family of all other Aryan races, was the social, political, and religious unit of the larger organization. As compared with the Oriental nations, the family was monogamic and noted for purity and virtue. Add to this the idea of reverence for women that characterized the early German people, and we may infer that the home life, though of a somewhat rude nature, was genuine, and that the home circle was not without a salutary influence in those times of wandering and war. The mother, as we may well surmise, was the ruler of the home, had the care of the household, deliberated with the husband in the affairs of the tribe, and even took her place by his side in the field of battle when it seemed necessary. In truth, if we may believe the chroniclers, woman was supposed to be the equal of man.

But returning to the tribal life, we find that the houses were of the rudest kind, made of undressed lumber or logs, with a hole in the roof for the smoke to pass out, with but one door and sometimes no window. There were no cities among the Germans until they were taught by contact with Rome to build them. The villages were, as a rule, an irregular collection of houses, more or less scattered, as is customary where land is plentiful and of no particular value. There were no regularly laid out streets, the villagers being a group of kinsmen of the same tribe, grouped together for convenience. Around the village was constructed a ditch and a hedge as a rampart for protection. This was called a "tun" (German Zoun), from which word we derive our name "town." The house generally had but one room, which was used for all purposes.

There was another class of houses, belonging to the nobility and the chiefs, called halls. They consisted of one long room, which sometimes had transepts or alcoves for the women, partitioned off by curtains from the main hall. This large room was the place where the lord and his companions were accustomed to sit at the great feasts after their return from a successful expedition. This is the "beer hall" that we read so much about in song, epic, and legend. Here the beer and the mead were passed; here arose the songs and the mirth of the warriors. On the walls of the hall might be seen the rude arms of the warrior, the shield and the spear, or decorations composed of the heads and the skins of wild beasts – all of which bring us to the early type of the hall of the great baron of the feudal age.

Until the age of chivalry, women were not present at these rude feasts. The religious life of the early Germans was tribal rather than personal or of the simple family. There were certain times at which members of the same tribe were wont to assemble and sacrifice to the gods. There was a common meeting-place from year to year. As it has been related, this had a tendency to cement the tribe together and enhance political unity. This custom must have had its influence on social order and must have, in a measure, arrested the tendency of the people to an unsocial and selfish life.

Political Assemblies. – The political assemblies, where all of the freemen met to discuss the affairs of the community, must have been powerful factors in the establishment of social customs and usage. The kinsmen or fellow tribesmen were grouped in villages, and each village maintained its privilege of self-government, and consequently the freemen met in the village assembly to consider the affairs of the community. We find combined in the political representation the ideas of tribal unity and individuality, or at least family independence. As the tribes federated, there was a tendency to make the assemblies more general, and thus the family exclusiveness tended to give way in favor of the development of the individual as a member of the tribal state. It was a slow transition from an ethnic to a democratic type of society.

This association created a feeling of common interest akin to patriotism. Mr. Freeman has given us a graphic representation of the survival of the early assembly in the Swiss cantons.29 In the forest cantons the freemen met in the open field on stated occasions to enact the laws and transact the duties of legislators and judges. But although there was a tendency to sectional and clannish relations in society, this became much improved by the communal associations for political and economic life. But society, as such, could not advance very far when the larger part of the occupation of the freemen was that of war. The youth were educated in the field, and the warriors spent much of their time fighting with neighboring tribes.

The entire social structure, resting as it did upon kinship, found its changes in developing economic, political, and religious life. Especially is this seen in the pursuit of the common industries. As soon as the tribes obtained permanent seats and had given themselves mostly to agriculture, the state of society became more settled, and new customs were gradually introduced. At the same time society became better organized, and each man had his proper place, not only in the social scale but also in the industrial and political life of the tribe.

General Social Customs. – In the summer-time the clothing was very light. The men came frequently to the Roman camp clad in a short jacket and a mantle; the more wealthy ones wore a woollen or linen undergarment. But in the cold weather sheepskins and the pelts of wild animals, as well as hose for the legs and shoes made of leather for the feet, were worn. The mantle was fastened with a buckle, or with a thorn and a belt. In the belt were carried shears and knives for daily use. The women were not as a general thing dressed differently from the men. After the contact with the Romans the methods of dress changed, and there was a greater difference in the garments worn by men and women.

Marriage was a prominent social institution among the tribes, as it always is where the monogamic family prevails. There were doubtless traces of the old custom, common to most races, of wife capture, a custom which long continued as a mere fiction to some extent among the peasantry of certain localities in Germany. In this survival the bride makes feint to escape, and is chased and captured by the bridegroom. Some modern authorities have tried to show that there is a survival of this old custom of courtship, whereby the advances are supposed to be made by the men. The engagement to be married meant a great deal more in those days than at present. It was more than half of the marriage ceremony. Just as among the Hebrews, the engagement was the real marriage contract, and the latter ceremony only a form, so among the Germans the same custom prevailed. After engagement, until marriage they were called the Bräut and Bräutigam, but when wedded they ceased to be thus entitled. The betrothal contained the essential bonds of matrimony, and was far more important before the law than the later ceremony. In modern usage the opposite custom prevails.

The woman was always under wardship; her father was her natural guardian and made the marriage contract or the engagement. When a woman married, she brought with her a dower, furnished by her parents. This consisted of all house furnishings, clothes, and jewelry, and a more substantial dower in lands, money, or live stock. On the morning of the day after marriage the husband gave to the wife the "Morgengabe," which thereafter was her own property. It was the wedding-present of the groom. This is but a survival of the time when marriage among the Germans meant a simple purchase of a wife. It is said that "ein Weib zu kaufen" (to buy a wife) was the common term for getting engaged, and that this phrase was so used as late as the eleventh century. The wardship was called the mundium, and when the maid left her father's house for another home, her mundium was transferred from her father to her husband. This dower began, indeed, with the engagement, and the price of the mundium was paid over to the guardian at the time of the contract. From this time suit for breach of promise could be brought. These are the primitive customs of the marriage ceremony, but they were changed from time to time. Through the influence of Christianity, the woman finally attained prominence in the matter of choosing a husband, and learned, much to her satisfaction, to make her own contracts in matrimony.

The Economic Life. – The economic life was of the most meagre kind in the earlier stages of society. We find that Tacitus, writing 150 years after Caesar, shows that there had been some changes in the people. In the time of Caesar, the tribes were just making their transition from the pastoral-nomadic to the pastoral-agricultural state, and by the time of Tacitus this transition was so general that most of the tribes had settled to a more or less permanent agricultural life. It must be observed that the development of the tribes was not symmetrical, and that which reads very pleasantly on paper represents a very confused state of society. However much the tribes practised agriculture, they had but little peace, for warfare continued to be one of their chief occupations. It was in the battle that a youth received his chief education, and in the chase that he occupied much of his spare time.

But the ground was tilled, and barley, wheat, oats, and rye were raised. Flax was cultivated, and the good housewife did the spinning and weaving – all that was done – for the household. Greens, or herbage, were also cultivated, but fruit-trees seldom were cultivated. With the products of the soil, of the chase, and of the herds, the Teutons lived well. They had bread and meat, milk, butter and cheese, beer and mead, as well as fish and wild game. The superintending of the fields frequently fell to the lot of the hausfrau, and the labor was done by serfs. The tending of the fields, the pursuit of wild animals or the catching of fish, the care of the cattle or herds, and the making of butter and cheese, the building of houses, the bringing of salt from the sea, the making of garments, and the construction of weapons of war and utensils of convenience – these represent the chief industries of the people. Later, the beginnings of commerce sprang up between the separate tribes, and gradually extended to other nationalities.

Contributions to Law. – The principle of the trial by jury, which was developed in the English common law, was undoubtedly of Teutonic origin. That a man should be tried by his peers for any misdemeanor was considered to be a natural right. The idea of personal liberty made a personal law, which gradually gave way to civil law, although the personal element was never entirely obliterated. The Teutonic tribes had no written law, yet they had a distinct legal system. The comparison of this legal system with the Roman or with our modern system brings to light the individual character of the early Germanic laws. The Teuton claimed rights on account of his own personality and his relation to a family, not because he was a member of a state.

When the Teutons came in contact with the Romans they mingled their principles of law with those of the latter, and thus made law more formal. Nearly all of the tribes, after this contact, had their laws codified and written in Latin, by Roman scholars, chiefly of the clergy, who incorporated not only many elements of Roman law but also more or less of the elements of Christian usage. Those tribes which had been the longer time in contact with the Romans had a greater body of laws, more systematized and of more Roman characteristics. Finally, as modern nationality arose, the laws were codified, combining the Roman and the Teutonic practice.

The forms of judicial procedure remained much the same on account of the character of Teutonic social organization. The personal element was so strong in the Teutonic system as to yield a wide influence in the development of judicial affairs. The trial by combat and the early ordeals, the latter having been instituted largely through the church discipline, and the idea of local courts based upon a trial of peers, had much to do with shaping the course of judicial practice. The time came, however, when nearly every barbarian judicial process was modified by the influence of the Roman law, until the predominance of the state, in judicial usage, was recognized in place of the personal element which so long prevailed in the early Teutonic customs.

But in the evolution of the judicial systems of the various countries the Teutonic element of individual liberty and individual offenses never lost its influences. These simple elements of life indicate the origin of popular government, individual and social liberty, and the foundation of local self-government. Wherever the generous barbarians have gone they have carried the torch of liberty. In Italy, Greece, England, Germany, Spain, and the northern nations, wherever the lurid flames of revolt against arbitrary and conventional government have burst forth, it can be traced to the Teutonic spirit of freedom. This was the greatest contribution of the Teutonic people to civilization.30

SUBJECTS FOR FURTHER STUDY

1. The vital elements of modern civilization contributed by the Germans.

2. Teutonic influence on Roman civilization.

3. Compare the social order of the Teutons with that of the early Greeks.

4. Causes of the invasion of Rome by the Teutonic tribes.

5. What were the racial relations of Romans, Greeks, Germans, Celts, and English?

6. Modern contributions to civilization by Germany.

CHAPTER XVIII

FEUDAL SOCIETY

Feudalism a Transition of Social Order. – Feudalism represents a change from the ancient form of imperialism to the newer forms of European government. It arose out of the ruins of the Roman system as an essential form of social order. It appears to be the only system fitted to bring order out of the chaotic conditions of society, but by the very nature of affairs it could not long continue as an established system. It is rather surprising, indeed, that it became so universal, for every territory in Europe was subjected to its control in a greater or less degree. Frequently those who were forced to adopt its form condemned its principle, and those who sought to maintain the doctrine of Roman imperialism were subjected to its sway. The church itself, seeking to maintain its autocracy, came into direct contact with feudal theory and opposed it bitterly. The people who submitted to the yoke of personal bondage which it entailed hated the system. Yet the whole European world passed under feudalism. But notwithstanding its universality, feudalism could offer nothing permanent, for in the development of social order it was forced to yield to monarchy, although it made a lasting influence on social life and political and economic usage.

There Are Two Elementary Sources of Feudalism. – The spirit of feudalism arises out of the early form of Teutonic social life. It sprang from the personal obligation of the comitatus, which was composed of a military leader and his followers or companions. The self-constituted assembly elected the leader who was most noted for courage and prowess in battle. To him was consigned the task of leading in battle the host, which was composed of all the freemen in arms. Usually these chiefs were chosen for a single campaign, but it not infrequently happened that their leadership was continuous, with all the force of hereditary selection.

Another phase of the comitatus is represented by the leader's setting forth in time of peace with his companions to engage in fighting, exploiting, and plunder on his own account. The courageous young men of the tribe, thirsting for adventure in arms, gathered about their leader, whom they sought to excel in valor. He who was bravest and strongest in battle was considered most honorable. The principal feature to be noted is the personal allegiance of the companions to their leader, for they were bound to him with the closest ties. For the service which they rendered, the leader gave them sustenance and also reward for personal valor. They sat at his table and became his companions, and thus continually increased his power in the community.

This custom represents the germ of the feudal system. The leader became the lord, the companions his vassals. When the lord became a tribal chief or king, the royal vassals became the king's thegns, or represented the nobility of the realm. The whole system was based upon service and personal allegiance. As conquest of territory was made, the land was parcelled out among the followers, who received it from the leader as allodial grants and, later, as feudal grants. The allodial grant resembled the title in fee simple, the feudal grant was made on condition of future service.

The Roman element of feudalism finds its representation in clientage. This was a well-known institution at the time of the contact of the Romans with their invaders. The client was attached to the lord, on whom he depended for support and for representation in the community. Two of the well-known feudal aids, namely, the ransom of the lord from captivity and the gift of dowry money on the marriage of his eldest daughter, are similar to the services rendered by the Roman client to his lord.

The personal tie of clientage resembled the personal allegiance in the comitatus, with the difference that the client stood at a great distance from the patron, while in the comitatus the companions were nearly equal to their chief. The Roman influence tended finally to make the wide difference which existed between the lord and vassal in feudal relations. Other forms of Roman usage, such as the institution of the coloni, or half-slaves of the soil, and the custom of granting land for use without actual ownership, seem to have influenced the development of feudalism. Without doubt the Roman institutions here gave form and system to feudalism, as they did in other forms of government.

The Feudal System in Its Developed State Based on Land-Holding. – In the early period in France, where feudalism received its most perfect development, several methods of granting land were in vogue. First, the lands in the immediate possession of the conquered were retained by them on condition that they pay tribute to the conquerors; the wealthy Romans were allowed to hold all or part of their large estates. Second, many lands were granted in fee simple to the followers of the chiefs. Third was the beneficiary grant, most common to feudal tenure in its developed state. By this method land was granted as a reward for services past or prospective. The last method to be named is that of commendation, by which the small holder of land needing protection gave his land to a powerful lord, who in turn regranted it to the original owner on condition that the latter became his vassal. Thus the lands conquered by a chief or lord were parcelled out to his principal supporters, who in turn regranted them to those under them, so that all society was formed in a gradation of classes based on the ownership of land. Each lord had his vassal, every vassal his lord. Each man swore allegiance to the one next above him, and this one to his superior, until the king was reached, who himself was but a powerful feudal lord.