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 a.s.semble and sacrifice to the G.o.ds. 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 a.s.semblies_.--The political a.s.semblies, 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 {288} of self-government, and consequently the freemen met in the village a.s.sembly 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 a.s.semblies 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 a.s.sociation created a feeling of common interest akin to patriotism. Mr. Freeman has given us a graphic representation of the survival of the early a.s.sembly in the Swiss cantons.[1] 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 a.s.sociations 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 {289} 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 inst.i.tution 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 Braut and Brautigam, but when wedded they ceased to be thus ent.i.tled. 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," {290} 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 {291} 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, b.u.t.ter 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 b.u.t.ter 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 {292} 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 inst.i.tuted 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.[2]

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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.

[1] See Chapter XXI.

[2] The modern Prussian military state was a departure from the main trend of Teutonic life. It represented a combination of later feudalism and the Roman imperialism. It was a perversion of normal development, a fungous growth upon inst.i.tutions of freedom and justice.

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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 pa.s.sed 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-const.i.tuted a.s.sembly 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 {295} 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 princ.i.p.al 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 va.s.sals. When the lord became a tribal chief or king, the royal va.s.sals became the king's thegns, or represented the n.o.bility 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 t.i.tle 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 inst.i.tution 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 {296} 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 va.s.sal in feudal relations. Other forms of Roman usage, such as the inst.i.tution 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 inst.i.tutions 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 va.s.sal. Thus the lands conquered by a chief or lord were parcelled out to his princ.i.p.al supporters, who in turn regranted them to those under them, so that all society was formed in a gradation of cla.s.ses based on the ownership of land. Each lord had his va.s.sal, every va.s.sal 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.

As the other forms and functions of state life developed, feudalism became the ruling principle, from which many strove in vain to free themselves. There were in France, in the time {297} of Hugh Capet, according to Kitchen, "about a million of souls living on and taking their names from about 70,000 separate fiefs or properties; of these about 3,000 carried t.i.tles with them. Of these again, no less than a hundred were sovereign states, greater or smaller, whose lords could coin money, levy taxes, make laws, and administer their own justice."[1] Thus the effect of feudal tenure was to arrange society into these small, compact social groups, each of which must really retain its power by force of arms. The method gave color to monarchy, which later became universal.

_Other Elements of Feudalism_.--Prominent among the characteristics of feudalism was the existence of a close personal bond between the grantor and the receiver of an estate. The receiver did homage to the grantor in the form of oath, and also took the oath of fealty. In the former he knelt before the lord and promised to become his man on account of the land which he held, and to be faithful to him in defense of life and limb against all people. The oath of fealty was only a stronger oath of the same tenor, in which the va.s.sal, standing before the lord, appealed to G.o.d as a witness. These two oaths, at first entirely separate, became merged into one, which pa.s.sed by the name of the oath of fealty. When the lord desired to raise an army he had only to call his leading va.s.sals, and they in turn called those under them.

When he needed help to harvest his grain the va.s.sals were called upon for service.

Besides the service rendered, there were feudal aids to be paid on certain occasions. The chief of these were the ransom of the lord when captured, the amount paid when the eldest son was knighted, and the dowry on the marriage of the eldest daughter. There were lesser feudal taxes called reliefs. Of these the more important were the payment of a tax by the heir of a deceased va.s.sal upon succession to property, one-half year's profit paid when a ward became of age, and the right to escheated lands of the va.s.sal. The lord also had the right to land forfeited on account of certain heinous crimes. {298} Wardship ent.i.tled the lord to the use of lands during the minority of the ward.

The lord also had a right to choose a husband for the female ward at the age of fourteen; if she refused to accept the one chosen, the lord had the use of her services and property until she was twenty-one.

Then he could dispose of her lands as he chose and refuse consent for her to marry. These aids and reliefs made a system of slavery for serfs and va.s.sals.

_The Rights of Sovereignty_.--The feudal lord had the right of sovereignty over all of his own va.s.sal domain. Not only did he have military sovereignty on account of allegiance of va.s.sals, but political sovereignty also, as he ruled the a.s.semblies in his own way. He had legal jurisdiction, for all the courts were conducted by him or else under his jurisdiction, and this brought his own territory completely under his control as proprietor, and subordinated everything to his will. In this is found the spirit of modern absolute monarchy.

_The Cla.s.sification of Feudal Society_.--In France, according to Duruy, under the perfection of feudalism, the people were grouped in the following cla.s.ses: First, there was a group of Gallic or Frankish freemen, who were obliged to give military service to the king and give aids when called upon. Second, the va.s.sals, who rendered service to those from whom they held their lands. Third, the royal va.s.sals, from whom the king usually chose his dukes and counts to lead the army or to rule over provinces and cities. Fourth, the _liti_, who, like the Roman _coloni_, were bound to the soil, which they cultivated as farmers, and for which they paid a small rent. Finally, there were the ordinary slaves. The character of the _liti_, or _glebe_, serfs varied according to the degree of liberty with which they were privileged.

They might have emanc.i.p.ation by charter or by the grant of the king or the church, but they were never free. The feudal custom was binding on all, and no one escaped from its control. Even the clergy became feudal, there being lords and va.s.sals within the church. Yet the ministry, in their preaching, recognized the opportunity of {299} advancement, for they claimed that even a serf might become a bishop, although there was no great probability of this.

_Progress of Feudalism_.--The development of feudalism was slow in all countries, and it varied in character in accordance with the condition of the country. In England the Normans in the eleventh century found feudalism in an elementary state, and gave formality to the system. In Germany feudalism was less h.o.m.ogeneous than in France. It lacked the symmetrical finish of the Roman inst.i.tutions, although it was introduced from French soil through overlordship and proceeded from the sovereign to the serf, rather than springing from the serf to the sovereign. It varied somewhat in characteristics from French feudalism, although the essentials of the system were not wanting. In the Scandinavian provinces the Teutonic element was too strong, and in Spain and Italy the Romanic, to develop in these countries perfect feudalism. But in France there was a regular, progressive development.

The formative period began in Caesar's time and ended with the ninth century.

This was followed by the period of complete domination and full power, extending to the end of the thirteenth century, at the close of which offices and benefices were in the hands of the great va.s.sals of Charles the Bald. Then followed a period of transformation of feudalism, which extended to the close of the sixteenth century. Finally came the period of the decay of feudalism, beginning with the seventeenth century and extending to the present time. There are found now, both in Europe and America, laws and usages which are vestiges of the ancient forms of feudalism, which the formal organization of the state has failed to eradicate.