7. Bachofen, Das Mutterrecht, Stuttgart, 1861; Lewis H. Morgan, Ancient Society, or Researches in the Lines of Human Progress from Savagery through Barbarism to Civilization, New York, 1877; J.F. MacLennan, Studies in Ancient History, 1st series, new edition, 1886; 2nd series, 1896; L. Fison and A.W. Howitt, Kamilaroi and Kurnai, Melbourne. These four writers--as has been very truly remarked by Giraud Teulon,--starting from different facts and different general ideas, and following different methods, have come to the same conclusion. To Bachofen we owe the notion of the maternal family and the maternal succession; to Morgan--the system of kinship, Malayan and Turanian, and a highly gifted sketch of the main phases of human evolution; to MacLennan--the law of exogeny; and to Fison and Howitt--the cuadro, or scheme, of the conjugal societies in Australia. All four end in establishing the same fact of the tribal origin of the family. When Bachofen first drew attention to the maternal family, in his epoch-making work, and Morgan described the clan-organization,--both concurring to the almost general extension of these forms and maintaining that the marriage laws lie at the very basis of the consecutive steps of human evolution, they were accused of exaggeration. However, the most careful researches prosecuted since, by a phalanx of students of ancient law, have proved that all races of mankind bear traces of having passed through similar stages of development of marriage laws, such as we now see in force among certain savages. See the works of Post, Dargun, Kovalevsky, Lubbock, and their numerous followers: Lippert, Mucke, etc.
8. None 9. For the Semites and the Aryans, see especially Prof. Maxim Kovalevsky's Primitive Law (in Russian), Moscow, 1886 and 1887. Also his Lectures delivered at Stockholm (Tableau des origines et de l'evolution de la famille et de la propriete, Stockholm, 1890), which represents an admirable review of the whole question. Cf. also A. Post, Die Geschlechtsgenossenschaft der Urzeit, Oldenburg 1875.
10. It would be impossible to enter here into a discussion of the origin of the marriage restrictions. Let me only remark that a division into groups, similar to Morgan's Hawaian, exists among birds; the young broods live together separately from their parents. A like division might probably be traced among some mammals as well. As to the prohibition of relations between brothers and sisters, it is more likely to have arisen, not from speculations about the bad effects of consanguinity, which speculations really do not seem probable, but to avoid the too-easy precocity of like marriages. Under close cohabitation it must have become of imperious necessity. I must also remark that in discussing the origin of new customs altogether, we must keep in mind that the savages, like us, have their "thinkers" and savants-wizards, doctors, prophets, etc.--whose knowledge and ideas are in advance upon those of the masses. United as they are in their secret unions (another almost universal feature) they are certainly capable of exercising a powerful influence, and of enforcing customs the utility of which may not yet be recognized by the majority of the tribe.
11. Col. Collins, in Philips' Researches in South Africa, London, 1828. Quoted by Waitz, ii. 334.
12. Lichtenstein's Reisen im sudlichen Afrika, ii. Pp. 92, 97. Berlin, 1811.
13. Waitz, Anthropologie der Naturvölker, ii. pp. 335 seq. See also Fritsch's Die Eingeboren Süd-Afrika's, Breslau, 1872, pp. 386 seq.; and Drei Jahre in Süd-Afrika. Also W. Bleck, A Brief Account of Bushmen Folklore, Capetown, 1875.
14. Elisee Reclus, Geographie Universelle, xiii. 475.
15. P. Kolben, The Present State of the Cape of Good Hope, translated from the German by Mr. Medley, London, 1731, vol. i. pp. 59, 71, 333, 336, etc.
16. Quoted in Waitz's Anthropologie, ii. 335 seq.
17. The natives living in the north of Sidney, and speaking the Kamilaroi language, are best known under this aspect, through the capital work of Lorimer Fison and A.W. Howitt, Kamilaroi and Kurnaii, Melbourne, 1880. See also A.W. Howitt's "Further Note on the Australian Class Systems," in Journal of the Anthropological Institute, 1889, vol. xviii. p. 31, showing the wide extension of the same organization in Australia.
18. The Folklore, Manners, etc., of Australian Aborigines, Adelaide, 1879, p. 11.
19. Grey's Journals of Two Expeditions of Discovery in North-West and Western Australia, London, 1841, vol. ii. pp. 237, 298.
20. Bulletin de la Societe d'Anthropologie, 1888, vol. xi. p. 652. I abridge the answers.
21. Bulletin de la Societe d'Anthropologie, 1888, vol. xi. p. 386.
22. The same is the practice with the Papuas of Kaimani Bay, who have a high reputation of honesty. "It never happens that the Papua be untrue to his promise," Finsch says in Neuguinea und seine Bewohner, Bremen, 1865, p. 829.
23. Izvestia of the Russian Geographical Society, 1880, pp. 161 seq. Few books of travel give a better insight into the petty details of the daily life of savages than these scraps from Maklay's notebooks.
24. L.F. Martial, in Mission Scientifique au Cap Horn, Paris, 1883, vol. i. pp. 183-201.
25. Captain Holm's Expedition to East Greenland.
26. In Australia whole clans have been seen exchanging all their wives, in order to conjure a calamity (Post, Studien zur Entwicklungsgeschichte des Familienrechts, 1890, p. 342). More brotherhood is their specific against calamities.
27. Dr. H. Rink, The Eskimo Tribes, p. 26 (Meddelelser om Gronland, vol. xi. 1887).
28. Dr. Rink, loc. cit. p. 24. Europeans, grown in the respect of Roman law, are seldom capable of understanding that force of tribal authority. "In fact," Dr. Rink writes, "it is not the exception, but the rule, that white men who have stayed for ten or twenty years among the Eskimo, return without any real addition to their knowledge of the traditional ideas upon which their social state is based. The white man, whether a missionary or a trader, is firm in his dogmatic opinion that the most vulgar European is better than the most distinguished native."--The Eskimo Tribes, p. 31.
29. Dall, Alaska and its Resources, Cambridge, U.S., 1870.
30. Dall saw it in Alaska, Jacobsen at Ignitok in the vicinity of the Bering Strait. Gilbert Sproat mentions it among the Vancouver indians; and Dr. Rink, who describes the periodical exhibitions just mentioned, adds: "The principal use of the accumulation of personal wealth is for periodically distributing it." He also mentions (loc. cit. p. 31) "the destruction of property for the same purpose," (of maintaining equality).
31. See Appendix VIII.
32. Veniaminoff, Memoirs relative to the District of Unalashka (Russian), 3 vols. St. Petersburg, 1840. Extracts, in English, from the above are given in Dall's Alaska. A like description of the Australians' morality is given in Nature, xlii. p. 639.
33. It is most remarkable that several writers (Middendorff, Schrenk, O. Finsch) described the Ostyaks and Samoyedes in almost the same words. Even when drunken, their quarrels are insignificant. "For a hundred years one single murder has been committed in the tundra;" "their children never fight;" "anything may be left for years in the tundra, even food and gin, and nobody will touch it;" and so on. Gilbert Sproat "never witnessed a fight between two sober natives" of the Aht Indians of Vancouver Island. "Quarrelling is also rare among their children." (Rink, loc. cit.) And so on.
34. Gill, quoted in Gerland and Waitz's Anthropologie, v. 641. See also pp. 636-640, where many facts of parental and filial love are quoted.
35. Primitive Folk, London, 1891.
36. Gerland, loc. cit. v. 636.
37. Erskine, quoted in Gerland and Waitz's Anthropologie, v. 640.
39. It is remarkable, however, that in case of a sentence of death, nobody will take upon himself to be the executioner. Every one throws his stone, or gives his blow with the hatchet, carefully avoiding to give a mortal blow. At a later epoch, the priest will stab the victim with a sacred knife. Still later, it will be the king, until civilization invents the hired hangman. See Bastian's deep remarks upon this subject in Der Mensch in der Geschichte, iii. Die Blutrache, pp. 1-36. A remainder of this tribal habit, I am told by Professor E. Nys, has survived in military executions till our own times. In the middle portion of the nineteenth century it was the habit to load the rifles of the twelve soldiers called out for shooting the condemned victim, with eleven ball-cartridges and one blank cartridge. As the soldiers never knew who of them had the latter, each one could console his disturbed conscience by thinking that he was not one of the murderers.
40. In Africa, and elsewhere too, it is a widely-spread habit, that if a theft has been committed, the next clan has to restore the equivalent of the stolen thing, and then look itself for the thief. A. H. Post, Afrikanische Jurisprudenz, Leipzig, 1887, vol. i. p. 77.
41. See Prof. M. Kovalevsky's Modern Customs and Ancient Law (Russian), Moscow, 1886, vol. ii., which contains many important considerations upon this subject.
42. See Carl Bock, The Head Hunters of Borneo, London, 1881. I am told, however, by Sir Hugh Law, who was for a long time Governor of Borneo, that the "head-hunting" described in this book is grossly exaggerated. Altogether, my informant speaks of the Dayaks in exactly the same sympathetic terms as Ida Pfeiffer. Let me add that Mary Kingsley speaks in her book on West Africa in the same sympathetic terms of the Fans, who had been represented formerly as the most "terrible cannibals."
43. Ida Pfeiffer, Meine zweite Weltriese, Wien, 1856, vol. i. pp. 116 seq. See also Muller and Temminch's Dutch Possessions in Archipelagic India, quoted by Elisee Reclus, in Geographie Universelle, xiii.
44. Descent of Man, second ed., pp. 63, 64.
45. See Bastian's Mensch in der Geschichte, iii. p. 7. Also Grey, loc. cit. ii. p. 238.
46. Miklukho-Maclay, loc. cit. Same habit with the Hottentots.
CHAPTER IV MUTUAL AID AMONG THE BARBARIANS The great migrations. New organization rendered necessary. The village community. Communal work. Judicial procedure. Inter-tribal law. Illustrations from the life of our contemporaries. Buryates. Kabyles. Caucasian mountaineers. African stems.
It is not possible to study primitive mankind without being deeply impressed by the sociability it has displayed since its very first steps in life. Traces of human societies are found in the relics of both the oldest and the later stone age; and, when we come to observe the savages whose manners of life are still those of neolithic man, we find them closely bound together by an extremely ancient clan organization which enables them to combine their individually weak forces, to enjoy life in common, and to progress. Man is no exception in nature. He also is subject to the great principle of Mutual Aid which grants the best chances of survival to those who best support each other in the struggle for life. These were the conclusions arrived at in the previous chapters.
However, as soon as we come to a higher stage of civilization, and refer to history which already has something to say about that stage, we are bewildered by the struggles and conflicts which it reveals. The old bonds seem entirely to be broken. Stems are seen to fight against stems, tribes against tribes, individuals against individuals; and out of this chaotic contest of hostile forces, mankind issues divided into castes, enslaved to despots, separated into States always ready to wage war against each other. And, with this history of mankind in his hands, the pessimist philosopher triumphantly concludes that warfare and oppression are the very essence of human nature; that the warlike and predatory instincts of man can only be restrained within certain limits by a strong authority which enforces peace and thus gives an opportunity to the few and nobler ones to prepare a better life for humanity in times to come.
And yet, as soon as the every-day life of man during the historical period is submitted to a closer analysis and so it has been, of late, by many patient students of very early institutions--it appears at once under quite a different aspect. Leaving aside the preconceived ideas of most historians and their pronounced predilection for the dramatic aspects of history, we see that the very documents they habitually peruse are such as to exaggerate the part of human life given to struggles and to underrate its peaceful moods. The bright and sunny days are lost sight of in the gales and storms. Even in our own time, the cumbersome records which we prepare for the future historian, in our Press, our law courts, our Government offices, and even in our fiction and poetry, suffer from the same one-sidedness. They hand down to posterity the most minute descriptions of every war, every battle and skirmish, every contest and act of violence, every kind of individual suffering; but they hardly bear any trace of the countless acts of mutual support and devotion which every one of us knows from his own experience; they hardly take notice of what makes the very essence of our daily life--our social instincts and manners. No wonder, then, if the records of the past were so imperfect. The annalists of old never failed to chronicle the petty wars and calamities which harassed their contemporaries; but they paid no attention whatever to the life of the masses, although the masses chiefly used to toil peacefully while the few indulged in fighting. The epic poems, the inscriptions on monuments, the treaties of peace--nearly all historical documents bear the same character; they deal with breaches of peace, not with peace itself. So that the best-intentioned historian unconsciously draws a distorted picture of the times he endeavours to depict; and, to restore the real proportion between conflict and union, we are now bound to enter into a minute analysis of thousands of small facts and faint indications accidentally preserved in the relics of the past; to interpret them with the aid of comparative ethnology; and, after having heard so much about what used to divide men, to reconstruct stone by stone the institutions which used to unite them.
Ere long history will have to be re-written on new lines, so as to take into account these two currents of human life and to appreciate the part played by each of them in evolution. But in the meantime we may avail ourselves of the immense preparatory work recently done towards restoring the leading features of the second current, so much neglected. From the better-known periods of history we may take some illustrations of the life of the masses, in order to indicate the part played by mutual support during those periods; and, in so doing, we may dispense (for the sake of brevity) from going as far back as the Egyptian, or even the Greek and Roman antiquity. For, in fact, the evolution of mankind has not had the character of one unbroken series. Several times civilization came to an end in one given region, with one given race, and began anew elsewhere, among other races. But at each fresh start it began again with the same clan institutions which we have seen among the savages. So that if we take the last start of our own civilization, when it began afresh in the first centuries of our era, among those whom the Romans called the "barbarians," we shall have the whole scale of evolution, beginning with the gentes and ending in the institutions of our own time. To these illustrations the following pages will be devoted.
Men of science have not yet settled upon the causes which some two thousand years ago drove whole nations from Asia into Europe and resulted in the great migrations of barbarians which put an end to the West Roman Empire. One cause, however, is naturally suggested to the geographer as he contemplates the ruins of populous cities in the deserts of Central Asia, or follows the old beds of rivers now disappeared and the wide outlines of lakes now reduced to the size of mere ponds. It is desiccation: a quite recent desiccation, continued still at a speed which we formerly were not prepared to admit.(1) Against it man was powerless. When the inhabitants of North-West Mongolia and East Turkestan saw that water was abandoning them, they had no course open to them but to move down the broad valleys leading to the lowlands, and to thrust westwards the inhabitants of the plains.(2) Stems after stems were thus thrown into Europe, compelling other stems to move and to remove for centuries in succession, westwards and eastwards, in search of new and more or less permanent abodes. Races were mixing with races during those migrations, aborigines with immigrants, Aryans with Ural-Altayans; and it would have been no wonder if the social institutions which had kept them together in their mother countries had been totally wrecked during the stratification of races which took place in Europe and Asia. But they were not wrecked; they simply underwent the modification which was required by the new conditions of life.
The Teutons, the Celts, the Scandinavians, the Slavonians, and others, when they first came in contact with the Romans, were in a transitional state of social organization. The clan unions, based upon a real or supposed common origin, had kept them together for many thousands of years in succession. But these unions could answer their purpose so long only as there were no separate families within the gens or clan itself. However, for causes already mentioned, the separate patriarchal family had slowly but steadily developed within the clans, and in the long run it evidently meant the individual accumulation of wealth and power, and the hereditary transmission of both. The frequent migrations of the barbarians and the ensuing wars only hastened the division of the gentes into separate families, while the dispersing of stems and their mingling with strangers offered singular facilities for the ultimate disintegration of those unions which were based upon kinship. The barbarians thus stood in a position of either seeing their clans dissolved into loose aggregations of families, of which the wealthiest, especially if combining sacerdotal functions or military repute with wealth, would have succeeded in imposing their authority upon the others; or of finding out some new form of organization based upon some new principle.
Many stems had no force to resist disintegration: they broke up and were lost for history. But the more vigorous ones did not disintegrate. They came out of the ordeal with a new organization--the village community--which kept them together for the next fifteen centuries or more. The conception of a common territory, appropriated or protected by common efforts, was elaborated, and it took the place of the vanishing conceptions of common descent. The common gods gradually lost their character of ancestors and were endowed with a local territorial character. They became the gods or saints of a given locality; "the land" was identified with its inhabitants. Territorial unions grew up instead of the consanguine unions of old, and this new organization evidently offered many advantages under the given circumstances. It recognized the independence of the family and even emphasized it, the village community disclaiming all rights of interference in what was going on within the family enclosure; it gave much more freedom to personal initiative; it was not hostile in principle to union between men of different descent, and it maintained at the same time the necessary cohesion of action and thought, while it was strong enough to oppose the dominative tendencies of the minorities of wizards, priests, and professional or distinguished warriors. Consequently it became the primary cell of future organization, and with many nations the village community has retained this character until now.
It is now known, and scarcely contested, that the village community was not a specific feature of the Slavonians, nor even of the ancient Teutons. It prevailed in England during both the Saxon and Norman times, and partially survived till the last century;(3) it was at the bottom of the social organization of old Scotland, old Ireland, and old Wales. In France, the communal possession and the communal allotment of arable land by the village folkmote persisted from the first centuries of our era till the times of Turgot, who found the folkmotes "too noisy" and therefore abolished them. It survived Roman rule in Italy, and revived after the fall of the Roman Empire. It was the rule with the Scandinavians, the Slavonians, the Finns (in the pittaya, as also, probably, the kihla-kunta), the Coures, and the lives. The village community in India--past and present, Aryan and non-Aryan--is well known through the epoch-making works of Sir Henry Maine; and Elphinstone has described it among the Afghans. We also find it in the Mongolian oulous, the Kabyle thaddart, the Javanese dessa, the Malayan kota or tofa, and under a variety of names in Abyssinia, the Soudan, in the interior of Africa, with natives of both Americas, with all the small and large tribes of the Pacific archipelagoes. In short, we do not know one single human race or one single nation which has not had its period of village communities. This fact alone disposes of the theory according to which the village community in Europe would have been a servile growth. It is anterior to serfdom, and even servile submission was powerless to break it. It was a universal phase of evolution, a natural outcome of the clan organization, with all those stems, at least, which have played, or play still, some part in history.(4) It was a natural growth, and an absolute uniformity in its structure was therefore not possible. As a rule, it was a union between families considered as of common descent and owning a certain territory in common. But with some stems, and under certain circumstances, the families used to grow very numerous before they threw off new buds in the shape of new families; five, six, or seven generations continued to live under the same roof, or within the same enclosure, owning their joint household and cattle in common, and taking their meals at the common hearth. They kept in such case to what ethnology knows as the "joint family," or the "undivided household," which we still see all over China, in India, in the South Slavonian zadruga, and occasionally find in Africa, in America, in Denmark, in North Russia, and West France.(5) With other stems, or in other circumstances, not yet well specified, the families did not attain the same proportions; the grandsons, and occasionally the sons, left the household as soon as they were married, and each of them started a new cell of his own. But, joint or not, clustered together or scattered in the woods, the families remained united into village communities; several villages were grouped into tribes; and the tribes joined into confederations. Such was the social organization which developed among the so-called "barbarians," when they began to settle more or less permanently in Europe.
A very long evolution was required before the gentes, or clans, recognized the separate existence of a patriarchal family in a separate hut; but even after that had been recognized, the clan, as a rule, knew no personal inheritance of property. The few things which might have belonged personally to the individual were either destroyed on his grave or buried with him. The village community, on the contrary, fully recognized the private accumulation of wealth within the family and its hereditary transmission. But wealth was conceived exclusively in the shape of movable property, including cattle, implements, arms, and the dwelling house which--"like all things that can be destroyed by fire"--belonged to the same category(6). As to private property in land, the village community did not, and could not, recognize anything of the kind, and, as a rule, it does not recognize it now. The land was the common property of the tribe, or of the whole stem, and the village community itself owned its part of the tribal territory so long only as the tribe did not claim a re-distribution of the village allotments. The clearing of the woods and the breaking of the prairies being mostly done by the communities or, at least, by the joint work of several families--always with the consent of the community--the cleared plots were held by each family for a term of four, twelve, or twenty years, after which term they were treated as parts of the arable land owned in common. Private property, or possession "for ever" was as incompatible, with the very principles and the religious conceptions of the village community as it was with the principles of the gens; so that a long influence of the Roman law and the Christian Church, which soon accepted the Roman principles, were required to accustom the barbarians to the idea of private property in land being possible.(7) And yet, even when such property, or possession for an unlimited time, was recognized, the owner of a separate estate remained a co-proprietor in the waste lands, forests, and grazing-grounds. Moreover, we continually see, especially in the history of Russia, that when a few families, acting separately, had taken possession of some land belonging to tribes which were treated as strangers, they very soon united together, and constituted a village community which in the third or fourth generation began to profess a community of origin.
A whole series of institutions, partly inherited from the clan period, have developed from that basis of common ownership of land during the long succession of centuries which was required to bring the barbarians under the dominion of States organized upon the Roman or Byzantine pattern. The village community was not only a union for guaranteeing to each one his fair share in the common land, but also a union for common culture, for mutual support in all possible forms, for protection from violence, and for a further development of knowledge, national bonds, and moral conceptions; and every change in the judicial, military, educational, or economical manners had to be decided at the folkmotes of the village, the tribe, or the confederation. The community being a continuation of the gens, it inherited all its functions. It was the universitas, the mir--a world in itself.
Common hunting, common fishing, and common culture of the orchards or the plantations of fruit trees was the rule with the old gentes. Common agriculture became the rule in the barbarian village communities. True, that direct testimony to this effect is scarce, and in the literature of antiquity we only have the passages of Diodorus and Julius Caesar relating to the inhabitants of the Lipari Islands, one of the Celt-Iberian tribes, and the Sueves. But there is no lack of evidence to prove that common agriculture was practised among some Teuton tribes, the Franks, and the old Scotch, Irish, and Welsh.(8) As to the later survivals of the same practice, they simply are countless. Even in perfectly Romanized France, common culture was habitual some five and twenty years ago in the Morbihan (Brittany).(9) The old Welsh cyvar, or joint team, as well as the common culture of the land allotted to the use of the village sanctuary are quite common among the tribes of Caucasus the least touched by civilization,(10) and like facts are of daily occurrence among the Russian peasants. Moreover, it is well known that many tribes of Brazil, Central America, and Mexico used to cultivate their fields in common, and that the same habit is widely spread among some Malayans, in New Caledonia, with several Negro stems, and so on.(11) In short, communal culture is so habitual with many Aryan, Ural-Altayan, Mongolian, Negro, Red Indian, Malayan, and Melanesian stems that we must consider it as a universal--though not as the only possible--form of primitive agriculture.(12) Communal cultivation does not, however, imply by necessity communal consumption. Already under the clan organization we often see that when the boats laden with fruits or fish return to the village, the food they bring in is divided among the huts and the "long houses" inhabited by either several families or the youth, and is cooked separately at each separate hearth. The habit of taking meals in a narrower circle of relatives or associates thus prevails at an early period of clan life. It became the rule in the village community. Even the food grown in common was usually divided between the households after part of it had been laid in store for communal use. However, the tradition of communal meals was piously kept alive; every available opportunity, such as the commemoration of the ancestors, the religious festivals, the beginning and the end of field work, the births, the marriages, and the funerals, being seized upon to bring the community to a common meal. Even now this habit, well known in this country as the "harvest supper," is the last to disappear. On the other hand, even when the fields had long since ceased to be tilled and sown in common, a variety of agricultural work continued, and continues still, to be performed by the community. Some part of the communal land is still cultivated in many cases in common, either for the use of the destitute, or for refilling the communal stores, or for using the produce at the religious festivals. The irrigation canals are digged and repaired in common. The communal meadows are mown by the community; and the sight of a Russian commune mowing a meadow--the men rivalling each other in their advance with the scythe, while the women turn the grass over and throw it up into heaps--is one of the most inspiring sights; it shows what human work might be and ought to be. The hay, in such case, is divided among the separate households, and it is evident that no one has the right of taking hay from a neighbour's stack without his permission; but the limitation of this last rule among the Caucasian Ossetes is most noteworthy. When the cuckoo cries and announces that spring is coming, and that the meadows will soon be clothed again with grass, every one in need has the right of taking from a neighbour's stack the hay he wants for his cattle.(13) The old communal rights are thus re-asserted, as if to prove how contrary unbridled individualism is to human nature.