Friedrich Engels

Origin of the Family, Private Property, and the State

Written: March-May, 1884; First Published: October 1884, in Hottingen-Zurich; ource: Mar!"#ngels elected Wor$s, %olu&e 'hree; 'ranslation: 'he te!t is essentially the #nglish translation by (lic$ West )ublished in 1*4+, but it has been re,ised against the -er&an te!t as it a))eared in MEW .Mar!-#ngels Wer$e/ %olu&e +1, 0iet1 %erlag 1*2+, and the s)elling o3 na&es and other ter&s has been &odernised; 'ranscri)tion"Mar$u): Zodiac"4rian 4aggins; Online %ersion: Mar!"#ngels 5nternet (rchi,e 6&ar!ists7org8 1**9, 1***, +:::7 Proo3ed and corrected: Mar$ Harris +:1: (3ter Mar!;s death, in ru&aging through Mar!;s &anuscri)ts, #ngels ca&e u)on Mar!;s )recis o3 Ancient Society < a boo$ by )rogressi,e = scholar >e?is Henry Morgan and )ublished in >ondon 18@@7 'he )recis ?as ?ritten bet?een 188:-81 and contained Mar!;s nu&erous re&ar$s on Morgan as ?ell as )assages 3ro& other sources7 (3ter reading the )recis, #ngels set out to ?rite a s)ecial treatise < ?hich he sa? as 3ul3illing Mar!;s ?ill7 Wor$ing on the boo$, he used Mar!;s )recis, and so&e o3 Morgan;s 3actual &aterial and conclusions7 He also &ade use o3 &any and di,erse data gleaned in his o?n studies o3 the history o3 -reece, Ao&e, Old 5reland, and the (ncient -er&ans7 5t ?ould, o3 course, beco&e The Origin of the Family, Private Property and the State < the 3irst edition o3 ?hich ?as )ublished October 1884 in Hottingen-Zurich7 #ngels ?rote The Origin of the Family, Private Property and the State in Bust t?o &onths < beginning to?ard the end o3 March 1884 and co&)leting it by the end o3 May7 5t 3ocuses on early hu&an history, 3ollo?ing the disintegration o3 the )ri&iti,e co&&unity and the e&ergence o3 a class society based on )ri,ate )ro)erty7 #ngels loo$s into the origin and essence o3 the state, and concludes it is bound to ?ither a?ay lea,ing a classless society7 #ngels: C(long ?ith .the classes/ the state ?ill ine,itably 3all7 ociety, ?hich ?ill reorganise )roduction on the basis o3 a 3ree and eDual association o3 the )roducers, ?ill )ut the ?hole &achinery o3 state ?here it ?ill then belong: into the &useu& o3 antiDuity, by the side o3 the s)inning-?heel and the bron1e a!e7E 5n 18*:, ha,ing gathered ne? &aterial on the history o3 )ri&iti,e society, #ngels set about )re)aring a ne? edition o3 his boo$7 He studied the latest boo$s on the subBect < including those o3 Aussian historian Ma!i& Fo,ale,s$y7 6'he 3ourth edition, tuttgart, 18*+, ?as dedicated to Fo,ale,s$y78 (s a result, he introduced a nu&ber o3 changes in his original te!t and also considerable insertions7

Pre3ace to the First #dition, 1884

5n 18*4, #ngels;s boo$ a))eared in Aussian translation7 5t ?as the 3irst o3 #ngels;s ?or$s )ublished legally in Aussia7 >enin ?ould later describe it as Cone o3 the 3unda&ental ?or$s o3 &odern socialis&7E

Table of Contents
Preface to the First Edition, 1884................................................................................................ 4 Preface to the Fourth Edition, 1891............................................................................................. 6 I. Stages of Prehistoric Culture.................................................................................................. 13 II. The Fa il!.............................................................................................................................. 1" III. The Iro#uois $ens................................................................................................................ 4% III. The $ree& $ens.................................................................................................................... %4 '. The (ise of the )thenian State.............................................................................................. 6* 'I. The $ens and the State in (o e......................................................................................... 66 'II. The $ens a ong Celts and $er ans................................................................................ "+ 'III. The For ation of the State a ong $er ans.................................................................. 8* I,. -ar.aris and Ci/ili0ation.................................................................................................. 86

Preface to the First Edition, 1884

'he 3ollo?ing cha)ters are, in a sense, the e!ecution o3 a beDuest7 Go less a &an than Farl Mar! had &ade it one o3 his 3uture tas$s to )resent the results o3 Morgan;s researches in the light o3 the conclusions o3 his o?n < ?ithin certain li&its, 5 &ay say our < &aterialistic e!a&ination o3 history, and thus to &a$e clear their 3ull signi3icance7 For Morgan in his o?n ?ay had disco,ered a3resh in (&erica the &aterialistic conce)tion o3 history disco,ered by Mar! 3orty years ago, and in his co&)arison o3 barbaris& and ci,ili1ation it had led hi&, in the &ain )oints, to the sa&e conclusions as Mar!7 (nd Bust as the )ro3essional econo&ists in -er&any ?ere 3or years as busy in )lagiari1ing Ha)ital as they ?ere )ersistent in atte&)ting to $ill it by silence, so MorganIs (ncient ociety i recei,ed )recisely the sa&e treat&ent 3ro& the s)o$es&en o3 C)rehistoricE science in #ngland7 My ?or$ can only )ro,ide a slight substitute 3or ?hat &y de)arted 3riend no longer had the ti&e to do7 4ut 5 ha,e the critical notes ?hich he &ade to his e!tensi,e e!tracts 3ro& Morgan, and as 3ar as )ossible 5 re)roduce the& here7 (ccording to the &aterialistic conce)tion, the deter&ining 3actor in history is, in the 3inal instance, the )roduction and re)roduction o3 the i&&ediate essentials o3 li3e7 'his, again, is o3 a t?o3old character7 On the one side, the )roduction o3 the &eans o3 e!istence, o3 articles o3 3ood and clothing, d?ellings, and o3 the tools necessary 3or that )roduction; on the other side, the )roduction o3 hu&an beings the&sel,es, the )ro)agation o3 the s)ecies7 'he social organi1ation under ?hich the )eo)le o3 a )articular historical e)och and a )articular country li,e is deter&ined by both $inds o3 )roduction: by the stage o3 de,elo)&ent o3 labor on the one hand and o3 the 3a&ily on the other7 'he lo?er the de,elo)&ent o3 labor and the &ore li&ited the a&ount o3 its )roducts, and conseDuently, the &ore li&ited also the ?ealth o3 the society, the &ore the social order is 3ound to be do&inated by $inshi) grou)s7 Ho?e,er, ?ithin this structure o3 society based on $inshi) grou)s the )roducti,ity o3 labor increasingly de,elo)s, and ?ith it )ri,ate )ro)erty and e!change, di33erences o3 ?ealth, the )ossibility o3 utili1ing the labor )o?er o3 others, and hence the basis o3 class antagonis&s: ne? social ele&ents, ?hich in the course o3 generations stri,e to ada)t the old social order to the ne? conditions, until at last their inco&)atibility brings about a co&)lete u)hea,al7 5n the collision o3 the ne?ly-de,elo)ed social classes, the old society 3ounded on $inshi) grou)s is bro$en u); in its )lace a))ears a ne? society, ?ith its control centered in the state, the subordinate units o3 ?hich are no longer $inshi) associations, but local associations; a society in ?hich the syste& o3 the 3a&ily is co&)letely do&inated by the syste& o3 )ro)erty, and in ?hich there no? 3reely de,elo) those class antagonis&s and class struggles that ha,e hitherto 3or&ed the content o3 all ?ritten history7 5t is Morgan;s great &erit that he has disco,ered and reconstructed in its &ain lines this )rehistoric basis o3 our ?ritten history, and that in the $inshi) grou)s o3 the Gorth (&erican 5ndians he has 3ound the $ey to the &ost i&)ortant and hitherto insoluble riddles o3 earliest -ree$, Ao&an and -er&an history7 His boo$ is not the ?or$ o3 a day7 For nearly 3orty years he ?restled ?ith his &aterial, until he ?as co&)letely &aster o3 it7 4ut that also &a$es his boo$ one o3 the 3e? e)och-&a$ing ?or$s o3 our ti&e7 5n the 3ollo?ing )resentation, the reader ?ill in general easily distinguish ?hat co&es 3ro& Morgan and ?hat 5 ha,e added7 5n the historical sections on -reece and Ao&e 5 ha,e not con3ined &ysel3 to Morgan;s e,idence, but ha,e added ?hat ?as a,ailable to &e7 'he sections on the Helts and the -er&ans are in the &ain &y ?or$; Morgan had to rely here al&ost entirely on secondary sources, and 3or -er&an conditions < a)art 3ro& 'acitus < on the ?orthless and

Pre3ace to the First #dition, 1884

liberalistic 3alsi3ications o3 Mr7 Free&an7 'he treat&ent o3 the econo&ic as)ects, ?hich in Morgan;s boo$ ?as su33icient 3or his )ur)ose but Duite inadeDuate 3or &ine, has been done a3resh by &ysel37 (nd, 3inally, 5 a&, o3 course, res)onsible 3or all the conclusions dra?n, in so 3ar as Morgan is not e!)ressly cited7

Preface to the Fourth Edition, 1891

'he earlier large editions o3 this ?or$ ha,e been out o3 )rint no? 3or al&ost hal3 a year, and 3or so&e ti&e the )ublisher has been as$ing &e to )re)are a ne? edition7 =ntil no?, &ore urgent ?or$ $e)t &e 3ro& doing so7 ince the a))earance o3 the 3irst edition se,en years ha,e ela)sed, during ?hich our $no?ledge o3 the )ri&iti,e 3or&s o3 the 3a&ily has &ade i&)ortant ad,ances7 'here ?as, there3ore, )lenty to do in the ?ay o3 i&)ro,e&ents and additions; all the &ore so as the )ro)osed stereoty)ing o3 the )resent te!t ?ill &a$e any 3urther alterations i&)ossible 3or so&e ti&e7 5 ha,e accordingly sub&itted the ?hole te!t to a care3ul re,ision and &ade a nu&ber o3 additions ?hich, 5 ho)e, ta$e due account o3 the )resent state o3 $no?ledge7 5 also gi,e in the course o3 this )re3ace a short re,ie? o3 the de,elo)&ent o3 the history o3 the 3a&ily 3ro& 4acho3en to Morgan; 5 do so chie3ly because the chau,inistically inclined #nglish anthro)ologists are still stri,ing their ut&ost to $ill by silence the re,olution ?hich Morgan;s disco,eries ha,e e33ected in our conce)tion o3 )ri&iti,e history, ?hile they a))ro)riate his results ?ithout the slightest co&)unction7 #lse?here also the e!a&)le o3 #ngland is in so&e cases 3ollo?ed only too closely7 My ?or$ has been translated into a nu&ber o3 other languages7 First, 5talian: >;origine delta 3a&iglia, delta )ro)rieta )ri,ata e dello stato, ,ersions ri,eduta dall;autore, di PasDuale Martignetti, 4ene,ento, 188J7 'hen, Au&anian: Origina 3a&dei, )ro)rietatei )ri,ate si a statului, traducere de Koan Gadeide, in the Lassy )eriodical Honte&)oranul, e)te&ber, 188J, to May, 18827 Further, 0anish: Fa&ilBens, Pri,ateBendo&&ens og tatens O)rindelse, 0ans$, a3 For3attern genne&gaaet =dga,e, besorget a3 -erson 'rier, Fobenha,n, 18887 ( French translation by Henri Aa,e, based on the )resent -er&an edition, is on the )ress7 4e3ore the beginning o3 the ;si!ties, one cannot s)ea$ o3 a history o3 the 3a&ily7 5n this 3ield, the science o3 history ?as still co&)letely under the in3luence o3 the 3i,e boo$s o3 Moses7 'he )atriarchal 3or& o3 the 3a&ily, ?hich ?as there described in greater detail than any?here else, ?as not only assu&ed ?ithout Duestion to be the oldest 3or&, but it ?as also identi3ied < &inus its )olyga&y < ?ith the bourgeois 3a&ily o3 today, so that the 3a&ily had really e!)erienced no historical de,elo)&ent at all; at &ost it ?as ad&itted that in )ri&iti,e ti&es there &ight ha,e been a )eriod o3 se!ual )ro&iscuity7 5t is true that in addition to the &onoga&ous 3or& o3 the 3a&ily, t?o other 3or&s ?ere $no?n to e!ist < )olyga&y in the Orient and )olyandry in 5ndia and 'ibet; but these three 3or&s could not be arranged in any historical order and &erely a))eared side by side ?ithout any connection7 'hat a&ong so&e )eo)les o3 ancient history, as ?ell as a&ong so&e sa,ages still ali,e today, descent ?as rec$oned, not 3ro& the 3ather, but 3ro& the &other, and that the 3e&ale line ?as there3ore regarded as alone ,alid; that a&ong &any )eo)les o3 the )resent day in e,ery continent &arriage is 3orbidden ?ithin certain large grou)s ?hich at that ti&e had not been closely studied < these 3acts ?ere indeed $no?n and 3resh instances o3 the& ?ere continually being collected7 4ut nobody $ne? ?hat to do ?ith the&, and e,en as late as #7 47 'ylor;s Aesearches into the #arly History o3 Man$ind, etc7 6182J8 they are listed as &ere Ccurious custo&sE, side by side ?ith the )rohibition a&ong so&e sa,ages against touching burning ?ood ?ith an iron tool and si&ilar religious &u&bo-Bu&bo7 'he history o3 the 3a&ily dates 3ro& 1821, 3ro& the )ublication o3 4acho3en;s Mutterrecht7 .Mother-right, &atriarchate < #d7/ 5n this ?or$ the author ad,ances the 3ollo?ing )ro)ositions:
618 'hat originally &an li,ed in a state o3 se!ual )ro&iscuity, to describe ?hich 4acho3en uses the &ista$en ter& Chetaeris&E;

Pre3ace to the Fourth #dition, 18*1

6+8 that such )ro&iscuity e!cludes any certainty o3 )aternity, and that descent could there3ore be rec$oned only in the 3e&ale line, according to &other-right, and that this ?as originally the case a&ongst all the )eo)les o3 antiDuity; 698 that since ?o&en, as &others, ?ere the only )arents o3 the younger generation that ?ere $no?n ?ith certainty, they held a )osition o3 such high res)ect and honor that it beca&e the 3oundation, in 4acho3en;s conce)tion, o3 a regular rule o3 ?o&en 6gynaecocracy8; 648 that the transition to &onoga&y, ?here the ?o&an belonged to one &an e!clusi,ely, in,ol,ed a ,iolation o3 a )ri&iti,e religious la? 6that is, actually a ,iolation o3 the traditional right o3 the other &en to this ?o&an8, and that in order to e!)iate this ,iolation or to )urchase indulgence 3or it the ?o&an had to surrender hersel3 3or a li&ited )eriod7

4acho3en 3inds the )roo3s o3 these assertions in innu&erable )assages o3 ancient classical literature, ?hich he collected ?ith i&&ense industry7 (ccording to hi&, the de,elo)&ent 3ro& Chetaeris&E to &onoga&y and 3ro& &other-right to 3ather-right is acco&)lished, )articularly a&ong the -ree$s, as the conseDuence o3 an ad,ance in religious conce)tions, introducing into the old hierarchy o3 the gods, re)resentati,e o3 the old outloo$, ne? di,inities, re)resentati,e o3 the ne? outloo$, ?ho )ush the 3or&er &ore and &ore into the bac$ground7 'hus, according to 4acho3en, it is not the de,elo)&ent o3 &en;s actual conditions o3 li3e, but the religious re3lection o3 these conditions inside their heads, ?hich has brought about the historical changes in the social )osition o3 the se!es in relation to each other7 5n accordance ?ith this ,ie?, 4acho3en inter)rets the Oresteia o3 (schylus as the dra&atic re)resentation o3 the con3lict bet?een declining &otherright and the ne? 3ather-right that arose and triu&)hed in the heroic age7 For the sa$e o3 her )ara&our, Mgisthus, Hlyte&nestra slays her husband, (ga&e&non, on his return 3ro& the 'roBan War; but Orestes, the son o3 (ga&e&non and hersel3, a,enges his 3ather;s &urder by slaying his &other7 For this act he is )ursued by the Furies, the de&onic guardians o3 &other-right, according to ?hich &atricide is the gra,est and &ost ine!)iable cri&e7 4ut ()ollo, ?ho by the ,oice o3 his oracle had su&&oned Orestes to this deed, and (thena, ?ho is called u)on to gi,e Budg&ent < the t?o deities ?ho here re)resent the ne? )atriarchal order < ta$e Orestes under their )rotection; (thena hears both sides7 'he ?hole &atter o3 the dis)ute is brie3ly su&&ed u) in the debate ?hich no? ta$es )lace bet?een Orestes and the Furies7 Orestes contends that Hlyte&nestra has co&&itted a double cri&e; she has slain her husband and thus she has also slain his 3ather7 Why should the Furies )ursue hi&, and not her, seeing that she is by 3ar the &ore guiltyN 'he ans?er is stri$ing: C he ?as not $in by blood to the &an she sle?7E 'he &urder o3 a &an not related by blood, e,en i3 he be the husband o3 the &urderess, is e!)iable and does not concern the Furies; their o33ice is solely to )unish &urder bet?een blood relations, and o3 such &urders the &ost gra,e and the &ost ine!)iable, according to &other-right, is &atricide7 ()ollo no? co&es 3or?ard in Orestes; de3ense; (thena calls u)on the (reo)agites < the (thenian Burors < to ,ote; the ,otes 3or Orestes; conde&nation and 3or his acDuittal are eDual; (thena, as )resident, gi,es her ,ote 3or Orestes and acDuits hi&7 Father-right has triu&)hed o,er &other-right, the Cgods o3 young descent,E as the Furies the&sel,es call the&, ha,e triu&)hed o,er the Furies; the latter then 3inally allo? the&sel,es to be )ersuaded to ta$e u) a ne? o33ice in the ser,ice o3 the ne? order7 'his ne? but undoubtedly correct inter)retation o3 the Oresteia is one o3 the best and 3inest )assages in the ?hole boo$, but it )ro,es at the sa&e ti&e that 4acho3en belie,es at least as &uch as Mschylus did in the Furies, ()ollo, and (thena; 3or, at botto&, he belie,es that the o,erthro? o3 &other-right by 3ather-right ?as a &iracle ?rought during the -ree$ heroic age by these di,inities7 'hat such a conce)tion, ?hich &a$es religion the le,er o3 ?orld history, &ust 3inally end in )ure &ysticis&, is clear7 5t is there3ore a tough and by no &eans al?ays a grate3ul tas$ to )lo? through 4acho3en;s solid to&e7 4ut all that does not lessen his i&)ortance as a )ioneer7 He ?as the 3irst to re)lace the ,ague )hrases about so&e un$no?n )ri&iti,e state o3 se!ual )ro&iscuity by )roo3s o3 the 3ollo?ing 3acts: that abundant traces sur,i,e in old classical

Pre3ace to the Fourth #dition, 18*1

literature o3 a state )rior to &onoga&y a&ong the -ree$s and (siatics ?hen not only did a &an ha,e se!ual intercourse ?ith se,eral ?o&en, but a ?o&an ?ith se,eral &en, ?ithout o33ending against &orality; that this custo& did not disa))ear ?ithout lea,ing its traces in the li&ited surrender ?hich ?as the )rice ?o&en had to )ay 3or the right to &onoga&y; that there3ore descent could originally be rec$oned only in the 3e&ale line, 3ro& &other to &other; that 3ar into the )eriod o3 &onoga&y, ?ith its certain or at least ac$no?ledged )aternity, the 3e&ale line ?as still alone recogni1ed; and that the original )osition o3 the &others, as the only certain )arents o3 their children, secured 3or the&, and thus 3or their ?hole se!, a higher social )osition than ?o&en ha,e e,er enBoyed since7 4acho3en did not )ut these state&ents as clearly as this, 3or he ?as hindered by his &ysticis&7 4ut he )ro,ed the&; and in 1821 that ?as a real re,olution7 4acho3en;s &assi,e ,olu&e ?as ?ritten in -er&an, the language o3 the nation ?hich at that ti&e interested itsel3 less than any other in the )rehistory o3 the &odern 3a&ily7 HonseDuently, he re&ained un$no?n7 His 3irst successor in the sa&e 3ield a))eared in 182J, ?ithout e,er ha,ing heard o3 4acho3en7 'his successor ?as K7 F7 Mc>ennan, the e!act o))osite o3 his )redecessor7 5nstead o3 a &ystic o3 genius, ?e ha,e the dry-as-dust Burist; instead o3 the e!uberant i&agination o3 a )oet, the )lausible argu&ents o3 a barrister de3ending his brie37 Mc>ennan 3inds a&ong &any sa,age, barbarian, and e,en ci,ili1ed )eo)les o3 ancient and &odern ti&es a 3or& o3 &arriage in ?hich the bridegroo&, alone or ?ith his 3riends, &ust carry o33 the bride 3ro& her relations by a sho? o3 3orce7 'his custo& &ust be the sur,i,al o3 an earlier custo& ?hen the &en o3 one tribe did in 3act carry o33 their ?i,es by 3orce 3ro& other tribes7 What ?as the origin o3 this C&arriage by ca)tureEN o long as &en could 3ind enough ?o&en in their o?n tribe, there ?as no reason ?hate,er 3or it7 We 3ind, ho?e,er, no less 3reDuently that a&ong unde,elo)ed )eo)les there are certain grou)s 6?hich in 182J ?ere still o3ten identi3ied ?ith the tribes the&sel,es8 ?ithin ?hich &arriage is 3orbidden, so that the &en are obliged to ta$e their ?i,es, and ?o&en their husbands, 3ro& outside the grou); ?hereas a&ong other )eo)les the custo& is that the &en o3 one grou) &ust ta$e their ?i,es only 3ro& ?ithin their o?n grou)7 Mc>ennan calls the 3irst )eo)les Ce!oga&ousE and the second Cendoga&ousE; he then )ro&)tly )roceeds to construct a rigid o))osition bet?een e!oga&ous and endoga&ous Ctribes7E (nd although his o?n in,estigations into e!oga&y 3orce the 3act under his nose that in &any, i3 not in &ost or e,en in all, cases, this o))osition e!ists only in his o?n i&agination, he ne,ertheless &a$es it the basis o3 his ?hole theory7 (ccording to this theory, e!oga&ous tribes can only obtain their ?i,es 3ro& other tribes; and since in sa,agery there is a )er&anent state o3 ?ar bet?een tribe and tribe, these ?i,es could only be obtained by ca)ture7 Mc>ennan then goes on to as$: Whence this custo& o3 e!oga&yN 'he conce)tion o3 consanguinity and incest could not ha,e anything to do ?ith it, 3or these things only ca&e &uch later7 4ut there ?as another co&&on custo& a&ong sa,ages<the custo& o3 $illing 3e&ale children i&&ediately a3ter birth7 'his ?ould cause a sur)lus o3 &en in each indi,idual tribe, o3 ?hich the ine,itable and i&&ediate conseDuence ?ould be that se,eral &en )ossessed a ?i3e in co&&on: )olyandry7 (nd this ?ould ha,e the 3urther conseDuence that it ?ould be $no?n ?ho ?as the &other o3 a child, but not ?ho its 3ather ?as: hence relationshi) only in the 3e&ale line, ?ith e!clusion o3 the &ale line < &other-right7 (nd a second conseDuence o3 the scarcity o3 ?o&en ?ithin a tribe < a scarcity ?hich )olyandry &itigated, but did not re&o,e < ?as )recisely this syste&atic, 3orcible abduction o3 ?o&en 3ro& other tribes7
(s e!oga&y and )olyandry are re3erable to one and the sa&e cause < a ?ant o3 balance bet?een the se!es<?e are 3orced to regard all the e!oga&ous races as ha,ing originally been )olyandrous7777 'here3ore ?e &ust hold it to be beyond dis)ute that a&ong e!oga&ous races the 3irst syste& o3 $inshi) ?as that ?hich recogni1ed blood-ties through &others only7 (McLennan, Studies in Ancient History, 1886. Primitive Marriage, p. 12 !

5t is Mc>ennan;s &erit to ha,e directed attention to the general occurrence and great i&)ortance o3 ?hat he calls e!oga&y7 He did not by any &eans disco,er the e!istence o3 e!oga&ous grou)s;

Pre3ace to the Fourth #dition, 18*1

still less did he understand the&7 4esides the early, scattered notes o3 &any obser,ers 6these ?ere Mc>ennan;s sources8, >atha& 60escri)ti,e #thnology, 18J*8 had gi,en a detailed and accurate descri)tion o3 this institution a&ong the 5ndian Magars, and had said that it ?as ,ery ?ides)read and occurred in all )arts o3 the ?orld < a )assage ?hich Mc>ennan hi&sel3 cites7 Morgan, in 184@, in his letters on the 5roDuois 6 American Review8 and in 18J1 in The Leag e of the !ro" oi#, had already de&onstrated the e!istence o3 e!oga&ous grou)s a&ong this tribe and had gi,en an accurate account o3 the&; ?hereas Mc>ennan, as ?e shall see, ?rought greater con3usion here ?ith his legalistic &ind than 4acho3en ?rought in the 3ield o3 &other-right ?ith his &ystical 3ancies7 5t is also a &erit o3 Mc>ennan that he recogni1ed &atrilineal descent as the earlier syste&, though he ?as here antici)ated by 4acho3en, as he later ac$no?ledged7 4ut Mc>ennan is not clear on this either; he al?ays s)ea$s o3 C$inshi) through 3e&ales only,E and this ter&, ?hich is correct 3or an earlier stage, he continually a))lies to later stages o3 de,elo)&ent ?hen descent and inheritance ?ere indeed still traced e!clusi,ely through the 3e&ale line, but ?hen $inshi) on the &ale side ?as also recogni1ed and e!)ressed7 'here you ha,e the )edantic &ind o3 the Burist, ?ho 3i!es on a rigid legal ter& and goes on a))lying it unchanged ?hen changed conditions ha,e &ade it a))licable no longer7 ())arently Mc>ennan;s theory, )lausible though it ?as, did not see& any too ?ell established e,en to its author7 (t any rate, he hi&sel3 is struc$ by the 3act that Cit is obser,able that the 3or& o3 ca)ture is no? &ost distinctly &ar$ed and i&)ressi,e Bust a&ong those races ?hich ha,e &ale $inshi)E 6should be Cdescent in the &ale lineE87 65bid7, )7 14:8 (nd again: C5t is a curious 3act that no?here no?, that ?e are a?are o3, is in3anticide a syste& ?here e!oga&y and the earliest 3or& o3 $inshi) co-e!ist7E 65bid7, )7 14278 4oth these 3acts 3latly contradict his &ethod o3 e!)lanation, and he can only &eet the& ?ith ne? and still &ore co&)licated hy)otheses7 Ge,ertheless, his theory 3ound great a))lause and su))ort in #ngland7 Mc>ennan ?as here generally regarded as the 3ounder o3 the history o3 the 3a&ily and the leading authority on the subBect7 Ho?e,er &any e!ce)tions and ,ariations &ight be 3ound in indi,idual cases, his o))osition o3 e!oga&ous and endoga&ous tribes continued to stand as the recogni1ed 3oundation o3 the acce)ted ,ie?, and to act as blinders, obstructing any 3ree sur,ey o3 the 3ield under in,estigation and so &a$ing any decisi,e ad,ance i&)ossible7 (gainst Mc>ennan;s e!aggerated re)utation in #ngland < and the #nglish 3ashion is co)ied else?here < it beco&es a duty to set do?n the 3act that be has done &ore har& ?ith his co&)letely &ista$en antithesis bet?een e!oga&ous and endoga&ous CtribesE than he has done good by his research7 Facts ?ere no? already co&ing to light in increasing nu&ber ?hich did not 3it into his neat 3ra&e?or$7 Mc>ennan $ne? only three 3or&s o3 &arriage: )olygyny, )olyandry and &onoga&y7 4ut once attention had been directed to the Duestion, &ore and &ore )roo3s ?ere 3ound that there e!isted a&ong unde,elo)ed )eo)les 3or&s o3 &arriage in ?hich a nu&ber o3 &en )ossessed a nu&ber o3 ?o&en in co&&on, and >ubboc$ 6The Origin of $ivili%ation, 18@:8 recogni1ed this grou) &arriage 6Cco&&unal &arriageE8 as a historical 3act7 5&&ediately a3ter?ards, in 18@1, Morgan ca&e 3or?ard ?ith ne? and in &any ?ays decisi,e e,idence7 He had con,inced hi&sel3 that the )eculiar syste& o3 consanguinity in 3orce a&ong the 5roDuois ?as co&&on to all the aboriginal inhabitants o3 the =nited tates and there3ore e!tended o,er a ?hole continent, although it directly contradicted the degrees o3 relationshi) arising out o3 the syste& o3 &arriage as actually )racticed by these )eo)les7 He then induced the Federal go,ern&ent to collect in3or&ation about the syste&s o3 consanguinity a&ong the other )eo)les o3 the ?orld and to send out 3or this )ur)ose tables and lists o3 Duestions )re)ared by hi&sel37 He disco,ered 3ro& the re)lies: 618 that the syste& o3 consanguinity o3 the (&erican 5ndians ?as also in 3orce a&ong nu&erous )eo)les in (sia and, in a so&e?hat &odi3ied 3or&, in (3rica and (ustralia; 6+8 that its co&)lete e!)lanation ?as to be 3ound in a 3or& o3 grou) &arriage ?hich ?as Bust dying out in Ha?aii and other (ustralasian islands; and 698 that side by side ?ith this 3or& o3 &arriage a syste& o3 consanguinity ?as in 3orce in the sa&e islands ?hich could only be

1:

Pre3ace to the Fourth #dition, 18*1

e!)lained through a still &ore )ri&iti,e, no? e!tinct, 3or& o3 grou) &arriage7 He )ublished the collected e,idence, together ?ith the conclusions he dre? 3ro& it, in his yste&s o3 Honsanguinity and (33inity, 18@1, and thus carried the debate on to an in3initely ?ider 3ield7 4y starting 3ro& the syste&s o3 consanguinity and reconstructing 3ro& the& the corres)onding 3or&s o3 3a&ily, he o)ened a ne? line o3 research and e!tended our range o3 ,ision into the )rehistory o3 &an7 53 this &ethod )ro,ed to be sound, Mc>ennan;s )retty theories ?ould be co&)letely de&olished7 Mc>ennan de3ended his theory in a ne? edition o3 Pri&iti,e Marriage 6 St die# in Ancient &i#tory, 18@287 Whilst he hi&sel3 constructs a highly arti3icial history o3 the 3a&ily out o3 )ure hy)otheses, he de&ands 3ro& >ubboc$ and Morgan not &erely )roo3s 3or e,ery one o3 their state&ents, but )roo3s as indis)utably ,alid as i3 they ?ere to be sub&itted in e,idence in a cottish court o3 la?7 (nd this is the &an ?ho, 3ro& 'acitus; re)ort on the close relationshi) bet?een &aternal uncle and sister;s son a&ong the -er&ans 6 'ermania, Hha)7 +:8, 3ro& Haesar;s re)ort that the 4ritons in grou)s o3 ten or t?el,e )ossessed their ?i,es in co&&on, 3ro& all the other re)orts o3 classical authors on co&&unity o3 ?i,es a&ong barbarians, cal&ly dra?s the conclusion that all these )eo)les li,ed in a state o3 )olyandryO One &ight be listening to a )rosecuting counsel ?ho can allo? hi&sel3 e,ery liberty in arguing his o?n case, but de&ands 3ro& de3ending counsel the &ost 3or&al, legally ,alid )roo3 3or his e,ery ?ord7 He &aintains that grou) &arriage is )ure i&agination, and by so doing 3alls 3ar behind 4acho3en7 He declares that Morgan;s syste&s o3 consanguinity are &ere codes o3 con,entional )oliteness, the )roo3 being that the 5ndians also address a stranger or a ?hite &an as brother or 3ather7 One &ight as ?ell say that the ter&s C3ather,E C&other,E Cbrother,E CsisterE are &ere &eaningless 3or&s o3 address because Hatholic )riests and abbesses are addressed as C3atherE and C&other,E and because &on$s and nuns, and e,en 3ree&asons and &e&bers o3 #nglish trade unions and associations at their 3ull sessions are addressed as CbrotherE and Csister7E 5n a ?ord, Mc>ennan;s de3ense ?as &iserably 3eeble7 4ut on one )oint he had still not been assailed7 'he o))osition o3 e!oga&ous and endoga&ous CtribesE on ?hich his ?hole syste& rested not only re&ained unsha$en, but ?as e,en uni,ersally ac$no?ledged as the $eystone o3 the ?hole history o3 the 3a&ily7 Mc>ennan;s atte&)t to e!)lain this o))osition &ight be inadeDuate and in contradiction ?ith his o?n 3acts7 4ut the antithesis itsel3, the e!istence o3 t?o &utually e!clusi,e ty)es o3 sel3-su33icient and inde)endent tribes, o3 ?hich the one ty)e too$ their ?i,es 3ro& ?ithin the tribe, ?hile the other ty)e absolutely 3orbade it < that ?as sacred gos)el7 Ho&)are, 3or e!a&)le, -iraud-'eulon;s Origine# de la Famille 618@48 and e,en >ubboc$;s Origin of $ivili%ation 63ourth edition, 188+87 Here Morgan ta$es the 3ield ?ith his &ain ?or$, Ancient Society 618@@8, the ?or$ that underlies the )resent study7 What Morgan had only di&ly guessed in 18@1 is no? de,elo)ed in 3ull consciousness7 'here is no antithesis bet?een endoga&y and e!oga&y; u) to the )resent, the e!istence o3 e!oga&ous CtribesE has not been de&onstrated any?here7 4ut at the ti&e ?hen grou) &arriage still )re,ailed < and in all )robability it )re,ailed e,ery?here at so&e ti&e < the tribe ?as subdi,ided into a nu&ber o3 grou)s related by blood on the &other;s side, gentes, ?ithin ?hich it ?as strictly 3orbidden to &arry, so that the &en o3 a gens, though they could ta$e their ?i,es 3ro& ?ithin the tribe and generally did so, ?ere co&)elled to ta$e the& 3ro& outside their gens7 'hus ?hile each gens ?as strictly e!oga&ous, the tribe e&bracing all the gentes ?as no less endoga&ous7 Which 3inally dis)osed o3 the last re&ains o3 Mc>ennan;s arti3icial constructions7 4ut Morgan did not rest here7 'hrough the gens o3 the (&erican 5ndians, he ?as enabled to &a$e his second great ad,ance in his 3ield o3 research7 5n this gens, organi1ed according to &otherright, he disco,ered the )ri&iti,e 3or& out o3 ?hich had de,elo)ed the later gens organi1ed according to 3ather-right, the gens as ?e 3ind it a&ong the ancient ci,ili1ed )eo)les7 'he -ree$

11

Pre3ace to the Fourth #dition, 18*1

and Ao&an gens, the old riddle o3 all historians, no? 3ound its e!)lanation in the 5ndian gens, and a ne? 3oundation ?as thus laid 3or the ?hole o3 )ri&iti,e history7 'his redisco,ery o3 the )ri&iti,e &atriarchal gens as the earlier stage o3 the )atriarchal gens o3 ci,ili1ed )eo)les has the sa&e i&)ortance 3or anthro)ology as 0ar?in;s theory o3 e,olution has 3or biology and Mar!;s theory o3 sur)lus ,alue 3or )olitical econo&y7 5t enabled Morgan to outline 3or the 3irst ti&e a history o3 the 3a&ily in ?hich 3or the )resent, so 3ar as the &aterial no? a,ailable )er&its, at least the classic stages o3 de,elo)&ent in their &ain outlines are no? deter&ined7 'hat this o)ens a ne? e)och in the treat&ent o3 )ri&iti,e history &ust be clear to e,eryone7 'he &atriarchal gens has beco&e the )i,ot on ?hich the ?hole science turns; since its disco,ery ?e $no? ?here to loo$ and ?hat to loo$ 3or in our research, and ho? to arrange the results7 (nd, conseDuently, since Morgan;s boo$, )rogress in this 3ield has been &ade at a 3ar &ore ra)id s)eed7 (nthro)ologists, e,en in #ngland, no? generally a))reciate, or rather a))ro)riate, Morgan;s disco,eries7 4ut hardly one o3 the& has the honesty to ad&it that it is to Morgan that ?e o?e this re,olution in our ideas7 5n #ngland they try to $ill his boo$ by silence, and dis)ose o3 its author ?ith condescending )raise 3or his earlier achie,e&ents; they niggle endlessly o,er details and re&ain obstinately silent about his really great disco,eries7 'he original edition o3 Ancient Society is out o3 )rint; in (&erica there is no sale 3or such things; in #ngland, it see&s, the boo$ ?as syste&atically su))ressed, and the only edition o3 this e)och&a$ing ?or$ still circulating in the boo$ trade is < the -er&an translation7 Why this reser,eN 5t is di33icult not to see in it a cons)iracy o3 silence; 3or )oliteness; sa$e, our recogni1ed anthro)ologists generally )ac$ their ?ritings ?ith Duotations and other to$ens o3 ca&araderie7 5s it, )erha)s, because Morgan is an (&erican, and 3or the #nglish anthro)ologists it goes sorely against the grain that, des)ite their highly creditable industry in collecting &aterial, they should be de)endent 3or their general )oints o3 ,ie? in the arrange&ent and grou)ing o3 this &aterial, 3or their ideas in 3act, on t?o 3oreigners o3 genius, 4acho3en and MorganN 'hey &ight )ut u) ?ith the -er&an < but the (&ericanN #,ery #nglish&an turns )atriotic ?hen he co&es u) against an (&erican, and o3 this 5 sa? highly entertaining instances in the =nited tates7 Moreo,er, Mc>ennan ?as, so to s)ea$, the o33icially a))ointed 3ounder and leader o3 the #nglish school o3 anthro)ology7 5t ?as al&ost a )rinci)le o3 anthro)ological etiDuette to s)ea$ o3 his arti3icially constructed historical series < child-&urder, )olygyny, &arriage by ca)ture, &atriarchal 3a&ily < in tones only o3 )ro3oundest res)ect7 'he slightest doubt in the e!istence o3 e!oga&ous and endoga&ous CtribesE o3 absolute &utual e!clusi,eness ?as considered ran$ heresy7 Morgan had co&&itted a $ind o3 sacrilege in dissol,ing all these hallo?ed dog&as into thin air7 5nto the bargain, he had done it in such a ?ay that it only needed saying to carry i&&ediate con,iction; so that the Mc>ennanites, ?ho had hitherto been hel)lessly reeling to and 3ro bet?een e!oga&y and endoga&y, could only beat their bro?s and e!clai&: CHo? could ?e be such 3ools as not to thin$ o3 that 3or oursel,es long agoNE (s i3 these cri&es had not already le3t the o33icial school ?ith the o)tion only o3 coldly ignoring hi&, Morgan 3illed the &easure to o,er3lo?ing by not &erely critici1ing ci,ili1ation, the society o3 co&&odity )roduction, the basic 3or& o3 )resent-day society, in a &anner re&iniscent o3 Fourier, but also by s)ea$ing o3 a 3uture trans3or&ation o3 this society in ?ords ?hich Farl Mar! &ight ha,e used7 He had there3ore a&)ly &erited Mc>ennan;s indignant re)roach that Cthe historical &ethod is anti)athetical to Mr7 Morgan;s &ind,E and its echo as late as 1884 3ro& Mr7 Pro3essor -iraud-'eulon o3 -ene,a7 5n 18@4 6 Origine# de la Famille8 this sa&e gentle&an ?as still gro)ing hel)lessly in the &a1e o3 the Mc>ennanite e!oga&y, 3ro& ?hich Morgan had to co&e and rescue hi&O O3 the other ad,ances ?hich )ri&iti,e anthro)ology o?es to Morgan, 5 do not need to s)ea$ here; they are su33iciently discussed in the course o3 this study7 'he 3ourteen years ?hich ha,e ela)sed since the )ublication o3 his chie3 ?or$ ha,e greatly enriched the &aterial a,ailable 3or the study

1+

Pre3ace to the Fourth #dition, 18*1

o3 the history o3 )ri&iti,e hu&an societies7 'he anthro)ologists, tra,elers and )ri&iti,e historians by )ro3ession ha,e no? been Boined by the co&)arati,e Burists, ?ho ha,e contributed either ne? &aterial or ne? )oints o3 ,ie?7 (s a result, so&e o3 Morgan;s &inor hy)otheses ha,e been sha$en or e,en dis)ro,ed7 4ut not one o3 the great leading ideas o3 his ?or$ has been ousted by this ne? &aterial7 'he order ?hich he introduced into )ri&iti,e history still holds in its &ain lines today7 5t is, in 3act, ?inning recognition to the sa&e degree in ?hich Morgan;s res)onsibility 3or the great ad,ance is care3ully concealed7 ii Frederic( Engel# London, ) ne *+, *,-*

I. Stages of Prehistoric Culture

MOA-(G is the 3irst &an ?ho, ?ith e!)ert $no?ledge, has atte&)ted to introduce a de3inite order into the history o3 )ri&iti,e &an; so long as no i&)ortant additional &aterial &a$es changes necessary, his classi3ication ?ill undoubtedly re&ain in 3orce7 O3 the three &ain e)ochs < sa,agery, barbaris&, and ci,ili1ation < he is concerned, o3 course, only ?ith the 3irst t?o and the transition to the third7 He di,ides both sa,agery and barbaris& into lo?er, &iddle, and u))er stages according to the )rogress &ade in the )roduction o3 3ood; 3or, he says:
=)on their s$ill in this direction, the ?hole Duestion o3 hu&an su)re&acy on the earth de)ended7 Man$ind are the only beings ?ho &ay be said to ha,e gained an absolute control o,er the )roduction o3 3ood7777 5t is accordingly )robable that the great e)ochs o3 hu&an )rogress ha,e been identi3ied, &ore or less directly, ?ith the enlarge&ent o3 the sources o3 subsistence7 "Morgan, op. cit., p. 1#. $%d.&

'he de,elo)&ent o3 the 3a&ily ta$es a )arallel course, but here the )eriods ha,e not such stri$ing &ar$s o3 di33erentiation7

I. Savagery
6a78 >OW#A '(-#7 Hhildhood o3 the hu&an race .(ustralo)ithecus/7 Man still li,ed in his original habitat, in tro)ical or subtro)ical 3orests, and ?as )artially at least a tree-d?eller, 3or other?ise his sur,i,al a&ong huge beasts o3 )rey cannot be e!)lained7 Fruit, nuts and roots ser,ed hi& 3or 3ood7 'he de,elo)&ent o3 articulate s)eech is the &ain result o3 this )eriod7 O3 all the )eo)les $no?n to history none ?as still at this )ri&iti,e le,el7 'hough this )eriod &ay ha,e lasted thousands o3 years, ?e ha,e no direct e,idence to )ro,e its e!istence; but once the e,olution o3 &an 3ro& the ani&al $ingdo& is ad&itted, such a transitional stage &ust necessarily be assu&ed7iii 6b78 M500># '(-#7 4egins ?ith the utili1ation o3 3ish 3or 3ood 6including crabs, &ussels, and other aDuatic ani&als8, and ?ith the use o3 3ire7 'he t?o are co&)le&entary, since 3ish beco&es edible only by the use o3 3ire7 With this ne? source o3 nourish&ent, &en no? beca&e inde)endent o3 cli&ate and locality; e,en as sa,ages, they could, by 3ollo?ing the ri,ers and coasts, s)read o,er &ost o3 the earth7 Proo3 o3 these &igrations is the distribution o,er e,ery continent o3 the crudely ?or$ed, unshar)ened 3lint tools o3 the earlier tone (ge, $no?n as C)alaeoliths,E all or &ost o3 ?hich date 3ro& this )eriod7 Ge? en,iron&ents, ceaseless e!ercise o3 his in,enti,e 3aculty, and the ability to )roduce 3ire by 3riction, led &an to disco,er ne? $inds o3 3ood: 3arinaceous roots and tubers, 3or instance, ?ere ba$ed in hot ashes or in ground o,ens7 With the in,ention o3 the 3irst ?ea)ons, club and s)ear, ga&e could so&eti&es be added to the 3are7 4ut the tribes ?hich 3igure in boo$s as li,ing entirely, that is, e!clusi,ely, by hunting ne,er e!isted in reality; the yield o3 the hunt ?as 3ar too )recarious7 (t this stage, o?ing to the continual uncertainty o3 3ood su))lies, cannibalis& see&s to ha,e arisen, and ?as )racticed 3ro& no? on?ards 3or a long ti&e7 'he (ustralian aborigines and &any o3 the Polynesians are still in this &iddle stage o3 sa,agery today7 i, 6c78 =PP#A '(-#7 4egins ?ith the in,ention o3 the bo? and arro?, ?hereby ga&e beca&e a regular source o3 3ood, and hunting a nor&al 3or& o3 ?or$7 4o?, string, and arro? already constitute a ,ery co&)le! instru&ent, ?hose in,ention i&)lies long, accu&ulated e!)erience and shar)ened intelligence, and there3ore $no?ledge o3 &any other in,entions as ?ell7 We 3ind, in

14

tages o3 Prehistoric Hulture

3act, that the )eo)les acDuainted ?ith the bo? and arro? but not yet ?ith )ottery 63ro& ?hich Morgan dates the transition to barbaris&8 are already &a$ing so&e beginnings to?ards settle&ent in ,illages and ha,e gained so&e control o,er the )roduction o3 &eans o3 subsistence; ?e 3ind ?ooden ,essels and utensils, 3inger-?ea,ing 6?ithout loo&s8 ?ith 3ila&ents o3 bar$; )laited bas$ets o3 bast or osier; shar)ened 6neolithic8 stone tools7 With the disco,ery o3 3ire and the stone a!, dug-out canoes no? beco&e co&&on; bea&s and )lan$s arc also so&eti&es used 3or building houses7 We 3ind all these ad,ances, 3or instance, a&ong the 5ndians o3 north?est (&erica, ?ho are acDuainted ?ith the bo? and arro? but not ?ith )ottery7 'he bo? and arro? ?as 3or sa,agery ?hat the iron s?ord ?as 3or barbaris& and 3ire-ar&s 3or ci,ili1ation < the decisi,e ?ea)on7,

2. ar!arism
6a78 >OW#A '(-#7 0ates 3ro& the introduction o3 )ottery7 5n &any cases it has been )ro,ed, and in all it is )robable, that the 3irst )ots originated 3ro& the habit o3 co,ering bas$ets or ?ooden ,essels ?ith clay to &a$e the& 3ire)roo3; in this ?ay it ?as soon disco,ered that the clay &old ans?ered the )ur)ose ?ithout any inner ,essel7 'hus 3ar ?e ha,e been able to 3ollo? a general line o3 de,elo)&ent a))licable to all )eo)les at a gi,en )eriod ?ithout distinction o3 )lace7 With the beginning o3 barbaris&, ho?e,er, ?e ha,e reached a stage ?hen the di33erence in the natural endo?&ents o3 the t?o he&is)heres o3 the earth co&es into )lay7 'he characteristic 3eature o3 the )eriod o3 barbaris& is the do&estication and breeding o3 ani&als and the culti,ation o3 )lants7 Go?, the #astern He&is)here, the so-called Old World, )ossessed nearly all the ani&als ada)table to do&estication, and all the ,arieties o3 culti,able cereals e!ce)t one; the Western He&is)here, (&erica, had no &a&&als that could be do&esticated e!ce)t the lla&a, ?hich, &oreo,er, ?as only 3ound in one )art o3 outh (&erica, and o3 all the culti,able cereals only one, though that ?as the best, na&ely, &ai1e7 O?ing to these di33erences in natural conditions, the )o)ulation o3 each he&is)here no? goes on its o?n ?ay, and di33erent land&ar$s di,ide the )articular stages in each o3 the t?o cases7 6b78 M500># '(-#7 4egins in the #astern He&is)here ?ith do&estication o3 ani&als; in the Western, ?ith the culti,ation, by &eans o3 irrigation, o3 )lants 3or 3ood, and ?ith the use o3 adobe 6sun-dried8 bric$s and stone 3or building7 We ?ill begin ?ith the Western He&is)here, as here this stage ?as ne,er su)erseded be3ore the #uro)ean conDuest7 (t the ti&e ?hen they ?ere disco,ered, the 5ndians at the lo?er stage o3 barbaris& 6co&)rising all the tribes li,ing east o3 the Mississi))i8 ?ere already )racticing so&e horticulture o3 &ai1e, and )ossibly also o3 gourds, &elons, and other garden )lants, 3ro& ?hich they obtained a ,ery considerable )art o3 their 3ood7 'hey li,ed in ?ooden houses in ,illages )rotected by )alisades7 'he tribes in the north?est, )articularly those in the region o3 the Holu&bia Ai,er, ?ere still at the u))er stage o3 sa,agery and acDuainted neither ?ith )ottery nor ?ith any 3or& o3 horticulture7 'he so-called Pueblo 5ndians o3 Ge? Me!ico, ho?e,er, and the Me!icans, Hentral (&ericans, and Peru,ians at the ti&e o3 their conDuest ?ere at the &iddle stage o3 barbaris&7 'hey li,ed in houses li$e 3ortresses, &ade o3 adobe bric$ or o3 stone, and culti,ated &ai1e and other )lants, ,arying according to locality and cli&ate, in arti3icially irrigated )lots o3 ground, ?hich su))lied their &ain source o3 3ood; so&e ani&als e,en had also been do&esticated < the tur$ey and other birds by the Me!icans, the lla&a by the Peru,ians7 'hey could also ?or$ &etals, but not iron; hence they ?ere still unable to dis)ense ?ith stone ?ea)ons and tools7 'he )anish conDuest then cut short any 3urther inde)endent de,elo)&ent7 5n the #astern He&is)here the &iddle stage o3 barbaris& began ?ith the do&estication o3 ani&als )ro,iding &il$ and &eat, but horticulture see&s to ha,e re&ained un$no?n 3ar into this )eriod7 ,i 5t ?as, a))arently, the do&estication and breeding o3 ani&als and the 3or&ation o3 herds o3

1J

tages o3 Prehistoric Hulture

considerable si1e that led to the di33erentiation o3 the (ryans and e&ites ,ii 3ro& the &ass o3 barbarians7 'he #uro)ean and (siatic (ryans still ha,e the sa&e na&es 3or cattle, but those 3or &ost o3 the culti,ated )lants are already di33erent7 5n suitable localities, the $ee)ing o3 herds led to a )astoral li3e: the e&ites li,ed u)on the grassy )lains o3 the #u)hrates and 'igris .Meso)ota&ia/, and the (ryans u)on those o3 5ndia and o3 the O!us and Ka!artes, o3 the 0on and the 0nie)er7 5t &ust ha,e been on the borders o3 such )asture lands that ani&als ?ere 3irst do&esticated7 'o later generations, conseDuently, the )astoral tribes a))ear to ha,e co&e 3ro& regions ?hich, so 3ar 3ro& being the cradle o3 &an$ind, ?ere al&ost uninhabitable 3or their sa,age ancestors and e,en 3or &an at the lo?er stages o3 barbaris&7 4ut ha,ing once accusto&ed the&sel,es to )astoral li3e in the grassy )lains o3 the ri,ers, these barbarians o3 the &iddle )eriod ?ould ne,er ha,e drea&ed o3 returning ?illingly to the nati,e 3orests o3 their ancestors7 #,en ?hen they ?ere 3orced 3urther to the north and ?est, the e&ites and (ryans could not &o,e into the 3orest regions o3 ?estern (sia and o3 #uro)e until by culti,ation o3 grain they had &ade it )ossible to )asture and es)ecially to ?inter their herds on this less 3a,orable land7 5t is &ore than )robable that a&ong these tribes the culti,ation o3 grain originated 3ro& the need 3or cattle 3odder and only later beca&e i&)ortant as a hu&an 3ood su))ly7 'he )lenti3ul su))ly o3 &il$ and &eat and es)ecially the bene3icial e33ect o3 these 3oods on the gro?th o3 the children account )erha)s 3or the su)erior de,elo)&ent o3 the (ryan and e&itic races7 5t is a 3act that the Pueblo 5ndians o3 Ge? Me!ico, ?ho are reduced to an al&ost entirely ,egetarian diet, ha,e a s&aller brain than the 5ndians at the lo?er stage o3 barbaris&, ?ho eat &ore &eat and 3ish,iii7 5n any case, cannibalis& no? gradually dies out, sur,i,ing only as a religious act or as a &eans o3 ?or$ing &agic, ?hich is here al&ost the sa&e thing7 6c78 =PP#A '(-#7 4egins ?ith the s&elting o3 iron ore, and )asses into ci,ili1ation ?ith the in,ention o3 al)habetic ?riting and its use 3or literary records .beginning in Meso)ota&ia in around 9::: 47H7#7/7 'his stage 6as ?e ha,e seen, only the #astern He&is)here )assed through it inde)endently8 is richer in ad,ances in )roduction than all the )receding stages together7 'o it belong the -ree$s o3 the heroic age, the tribes o3 5taly shortly be3ore the 3oundation o3 Ao&e, the -er&ans o3 'acitus and the Gorse&en o3 the %i$ing age7 i! (bo,e all, ?e no? 3irst &eet the iron )lo?share dra?n by cattle, ?hich &ade large-scale agriculture, the culti,ation o3 3ields, )ossible, and thus created a )ractically unrestricted 3ood su))ly in co&)arison ?ith )re,ious conditions7 'his led to the clearance o3 3orest land 3or tillage and )asture, ?hich in turn ?as i&)ossible on a large scale ?ithout the iron a! and the iron s)ade7 Po)ulation ra)idly increased in nu&ber, and in s&all areas beca&e dense7 Prior to 3ield agriculture, conditions &ust ha,e been ,ery e!ce)tional i3 they allo?ed hal3 a &illion )eo)le to be united under a central organi1ation; )robably such a thing ne,er occurred7 We 3ind the u))er stage o3 barbaris& at its highest in the Ho&eric )oe&s, )articularly in the 5liad7 Fully de,elo)ed iron tools, the bello?s, the hand-&ill, the )otter;s ?heel, the &a$ing o3 oil and ?ine, &etal ?or$ de,elo)ing al&ost into a 3ine art, the ?agon and the ?ar-chariot, shi)-building ?ith bea&s and )lan$s, the beginnings o3 architecture as art, ?alled cities ?ith to?ers and battle&ents, the Ho&eric e)ic and a co&)lete &ythology < these are the chie3 legacy brought by the -ree$s 3ro& barbaris& into ci,ili1ation7 When ?e co&)are the descri)tions ?hich Haesar and e,en 'acitus gi,e o3 the -er&ans, ?ho stood at the beginning o3 the cultural stage 3ro& ?hich the Ho&eric -ree$s ?ere Bust )re)aring to &a$e the ne!t ad,ance, ?e reali1e ho? rich ?as the de,elo)&ent o3 )roduction ?ithin the u))er stage o3 barbaris&7 'he s$etch ?hich 5 ha,e gi,en here, 3ollo?ing Morgan, o3 the de,elo)&ent o3 &an$ind through sa,agery and barbaris& to the beginnings o3 ci,ili1ation, is already rich enough in ne? 3eatures; ?hat is &ore, they cannot be dis)uted, since they are dra?n directly 3ro& the )rocess o3 )roduction7 Let &y s$etch ?ill see& 3lat and 3eeble co&)ared ?ith the )icture to be unrolled at

12

tages o3 Prehistoric Hulture

the end o3 our tra,els; only then ?ill the transition 3ro& barbaris& to ci,ili1ation stand out in 3ull light and in all its stri$ing contrasts7 For the ti&e being, Morgan;s di,ision &ay be su&&ari1ed thus:
a,agery < the )eriod in ?hich &an;s a))ro)riation o3 )roducts in their natural state )redo&inates; the )roducts o3 hu&an art are chie3ly instru&ents ?hich assist this a))ro)riation7 4arbaris& < the )eriod during ?hich &an learns to breed do&estic ani&als and to )ractice agriculture, and acDuires &ethods o3 increasing the su))ly o3 natural )roducts by hu&an acti,ity7 Hi,ili1ation < the )eriod in ?hich &an learns a &ore ad,anced a))lication o3 ?or$ to the )roducts o3 nature, the )eriod o3 industry )ro)er and o3 art7

II. The Family

MOA-(G, ?ho s)ent a great )art o3 his li3e a&ong the 5roDuois 5ndians < settled to this day in Ge? Lor$ tate < and ?as ado)ted into one o3 their tribes 6the enecas8, 3ound in use a&ong the& a syste& o3 consanguinity ?hich ?as in contradiction to their actual 3a&ily relationshi)s7 'here )re,ailed a&ong the& a 3or& o3 &onoga&y easily ter&inable on both sides, ?hich Morgan calls the C)airing 3a&ily7E 'he issue o3 the &arried )air ?as there3ore $no?n and recogni1ed by e,erybody: there could be no doubt about ?ho& to call 3ather, &other, son, daughter, brother, sister7 4ut these na&es ?ere actually used Duite di33erently7 'he 5roDuois calls not only his o?n children his sons and daughters, but also the children o3 his brothers; and they call hi& 3ather7 'he children o3 his sisters, ho?e,er, he calls his ne)he?s and nieces, and they call hi& their uncle7 'he 5roDuois ?o&an, on the other hand, calls her sisters; children, as ?ell as her o?n, her sons and daughters, and they call her &other7 4ut her brothers; children she calls her ne)he?s and nieces, and she is $no?n as their aunt7 i&ilarly, the children o3 brothers call one another brother and sister, and so do the children o3 sisters7 ( ?o&anIs o?n children and the children o3 her brother, on the other hand, call one another cousins7 (nd these are not &ere e&)ty na&es, but e!)ressions o3 actual conce)tions o3 nearness and re&oteness, o3 eDuality and di33erence in the degrees o3 consanguinity: these conce)tions ser,e as the 3oundation o3 a 3ully elaborated syste& o3 consanguinity through ?hich se,eral hundred di33erent relationshi)s o3 one indi,idual can be e!)ressed7 What is &ore, this syste& is not only in 3ull 3orce a&ong all (&erican 5ndians 6no e!ce)tion has been 3ound u) to the )resent8, but also retains its ,alidity al&ost unchanged a&ong the aborigines o3 5ndia, the 0ra,idian tribes in the 0eccan and the -aura tribes in Hindustan7 'o this day the 'a&ils o3 southern 5ndia and the 5roDuois eneca 5ndians in Ge? Lor$ tate still e!)ress &ore than t?o hundred degrees o3 consanguinity in the sa&e &anner7 (nd a&ong these tribes o3 5ndia, as a&ong all the (&erican 5ndians, the actual relationshi)s arising out o3 the e!isting 3or& o3 the 3a&ily contradict the syste& o3 consanguinity7 Ho? is this to be e!)lainedN 5n ,ie? o3 the decisi,e )art )layed by consanguinity in the social structure o3 all sa,age and barbarian )eo)les, the i&)ortance o3 a syste& so ?ides)read cannot be dis&issed ?ith )hrases7 When a syste& is general throughout (&erica and also e!ists in (sia a&ong )eo)les o3 a Duite di33erent race, ?hen nu&erous instances o3 it are 3ound ?ith greater or less ,ariation in e,ery )art o3 (3rica and (ustralia, then that syste& has to be historically e!)lained, not tal$ed out o3 e!istence, as Mc>ennan, 3or e!a&)le, tried to do7 'he na&es o3 3ather, child, brother, sister are no &ere co&)li&entary 3or&s o3 address; they in,ol,e Duite de3inite and ,ery serious &utual obligations ?hich together &a$e u) an essential )art o3 the social constitution o3 the )eo)les in Duestion7 'he e!)lanation ?as 3ound7 5n the and?ich 5slands 6Ha?aii8 there still e!isted in the 3irst hal3 o3 the nineteenth century a 3or& o3 3a&ily in ?hich the 3athers and &others, brothers and sisters, sons and daughters, uncles and aunts, ne)he?s and nieces ?ere e!actly ?hat is reDuired by the (&erican and old 5ndian syste& o3 consanguinity7 4ut no? co&es a strange thing7 Once again, the syste& o3 consanguinity in 3orce in Ha?aii did not corres)ond to the actual 3or& o3 the Ha?aiian 3a&ily7 For according to the Ha?aiian syste& o3 consanguinity all children o3 brothers and sisters are ?ithout e!ce)tion brothers and sisters o3 one another and are considered to be the co&&on children not only o3 their &other and her sisters or o3 their 3ather and his brothers, but o3 all the brothers and sisters o3 both their )arents ?ithout distinction7 While, there3ore, the (&erican syste& o3 consanguinity )resu))oses a &ore )ri&iti,e 3or& o3 the 3a&ily ?hich has disa))eared in (&erica, but still actually e!ists in Ha?aii, the Ha?aiian syste& o3 consanguinity, on the other hand, )oints to a still earlier 3or& o3 the 3a&ily ?hich, though ?e can no?here )ro,e

18

'he Fa&ily

it to be still in e!istence, ne,ertheless &ust ha,e e!isted; 3or other?ise the corres)onding syste& o3 consanguinity could ne,er ha,e arisen7
'he 3a&ily .says Morgan/ re)resents an acti,e )rinci)le7 5t is ne,er stationary, but ad,ances 3ro& a lo?er to a higher 3or& as society ad,ances 3ro& a lo?er to a higher condition7777 yste&s o3 consanguinity, on the contrary, are )assi,e; recording the )rogress &ade by the 3a&ily at long inter,als a)art, and only changing radically ?hen the 3a&ily has radically changed7 "Morgan, op. cit., p. . ' %d.&

C(nd,E adds Mar!, Cthe sa&e is true o3 the )olitical, Buridical, religious, and )hiloso)hical syste&s in general7E While the 3a&ily undergoes li,ing changes, the syste& o3 consanguinity ossi3ies; ?hile the syste& sur,i,es by 3orce o3 custo&, the 3a&ily outgro?s it7 4ut Bust as Hu,ier could deduce 3ro& the &arsu)ial bone o3 an ani&al s$eleton 3ound near Paris that it belonged to a &arsu)ial ani&al and that e!tinct &arsu)ial ani&als once li,ed there, so ?ith the sa&e certainty ?e can deduce 3ro& the historical sur,i,al o3 a syste& o3 consanguinity that an e!tinct 3or& o3 3a&ily once e!isted ?hich corres)onded to it7 'he syste&s o3 consanguinity and the 3or&s o3 the 3a&ily ?e ha,e Bust &entioned di33er 3ro& those o3 today in the 3act that e,ery child has &ore than one 3ather and &other7 5n the (&erican syste& o3 consanguinity, to ?hich the Ha?aiian 3a&ily corres)onds, brother and sister cannot be the 3ather and &other o3 the sa&e child; but the Ha?aiian syste& o3 consanguinity, on the contrary, )resu))oses a 3a&ily in ?hich this ?as the rule7 Here ?e 3ind oursel,es a&ong 3or&s o3 3a&ily ?hich directly contradict those hitherto generally assu&ed to be alone ,alid7 'he traditional ,ie? recogni1es only &onoga&y, ?ith, in addition, )olyga&y on the )art o3 indi,idual &en, and at the ,ery &ost )olyandry on the )art o3 indi,idual ?o&en; being the ,ie? o3 &orali1ing )hilistines, it conceals the 3act that in )ractice these barriers raised by o33icial society are Duietly and cal&ly ignored7 'he study o3 )ri&iti,e history, ho?e,er, re,eals conditions ?here the &en li,e in )olyga&y and their ?i,es in )olyandry at the sa&e ti&e, and their co&&on children are there3ore considered co&&on to the& all < and these conditions in their turn undergo a long series o3 changes be3ore they 3inally end in &onoga&y7 'he trend o3 these changes is to narro? &ore and &ore the circle o3 )eo)le co&)rised ?ithin the co&&on bond o3 &arriage, ?hich ?as originally ,ery ?ide, until at last it includes only the single )air, the do&inant 3or& o3 &arriage today7 Aeconstructing thus the )ast history o3 the 3a&ily, Morgan, in agree&ent ?ith &ost o3 his colleagues, arri,es at a )ri&iti,e stage ?hen unrestricted se!ual 3reedo& )re,ailed ?ithin the tribe, e,ery ?o&an belonging eDually to e,ery &an and e,ery &an to e,ery ?o&an7 ince the eighteenth century there had been tal$ o3 such a )ri&iti,e state, but only in general )hrases7 4acho3en < and this is one o3 his great &erits < ?as the 3irst to ta$e the e!istence o3 such a state seriously and to search 3or its traces in historical and religious sur,i,als7 'oday ?e $no? that the traces he 3ound do not lead bac$ to a social stage o3 )ro&iscuous se!ual intercourse, but to a &uch later 3or& < na&ely, grou) &arriage7 'he )ri&iti,e social stage o3 )ro&iscuity, i3 it e,er e!isted, belongs to such a re&ote e)och that ?e can hardly e!)ect to )ro,e its e!istence directly by disco,ering its social 3ossils a&ong bac$?ard sa,ages7 4acho3enIs &erit consists in ha,ing brought this Duestion to the 3ore3ront 3or e!a&ination7 ! >ately it has beco&e 3ashionable to deny the e!istence o3 this initial stage in hu&an se!ual li3e7 Hu&anity &ust be s)ared this Csha&e7E 5t is )ointed out that all direct )roo3 o3 such a stage is lac$ing, and )articular a))eal is &ade to the e,idence 3ro& the rest o3 the ani&al ?orld; 3or, e,en a&ong ani&als, according to the nu&erous 3acts collected by >etourneau 6 Evol tion d manage et de la fa lt#, 18888, co&)lete )ro&iscuity in se!ual intercourse &ar$s a lo? stage o3 de,elo)&ent7 4ut the only conclusion 5 can dra? 3ro& all these 3acts, so 3ar as &an and his )ri&iti,e conditions o3 li3e are concerned, is that they )ro,e nothing ?hate,er7 'hat ,ertebrates &ate together 3or a considerable )eriod is su33iciently e!)lained by )hysiological causes < in the

1*

'he Fa&ily

case o3 birds, 3or e!a&)le, by the 3e&ale;s need o3 hel) during the brooding )eriod; e!a&)les o3 3aith3ul &onoga&y a&ong birds )ro,e nothing about &an, 3or the si&)le reason that &en are not descended 3ro& birds7 (nd i3 strict &onoga&y is the height o3 all ,irtue, then the )al& &ust go to the ta)e?or&, ?hich has a co&)lete set o3 &ale and 3e&ale se!ual organs in each o3 its J:-+:: )roglottides, or sections, and s)ends its ?hole li3e co)ulating in all its sections ?ith itsel37 Hon3ining oursel,es to &a&&als, ho?e,er, ?e 3ind all 3or&s o3 se!ual li3e < )ro&iscuity, indications o3 grou) &arriage, )olygyny, &onoga&y7 Polyandry alone is lac$ing < it too$ hu&an beings to achie,e that7 #,en our nearest relations, the Duadru&ana, e!hibit e,ery )ossible ,ariation in the grou)ing o3 &ales and 3e&ales; and i3 ?e narro? it do?n still &ore and consider only the 3our anthro)oid a)es, all that >etourneau has to say about the& is that they are so&eti&es &onoga&ous, so&eti&es )olyga&ous, ?hile aussure, Duoted by -iraud-'eulon, &aintains that they are &onoga&ous7 'he &ore recent assertions o3 the &onoga&ous habits o3 the anthro)oid a)es ?hich are cited by Wester&arc$ 6 The &i#tory of & man Marriage, >ondon 18*18, are also ,ery 3ar 3ro& )ro,ing anything7 5n short, our e,idence is such that honest >etourneau ad&its: C(&ong &a&&als there is no strict relation bet?een the degree o3 intellectual de,elo)&ent and the 3or& o3 se!ual li3e7E (nd #s)inas 6 .e# #ociete# animate#, 18@@8, says in so &any ?ords:
'he herd is the highest social grou) ?hich ?e can obser,e a&ong ani&als7 5t is co&)osed, so it a))ears, o3 3a&ilies, but 3ro& the start the 3a&ily and the herd are in con3lict ?ith one another and de,elo) in in,erse )ro)ortion7

(s the abo,e sho?s, ?e $no? )ractically nothing de3inite about the 3a&ily and other social grou)ings o3 the anthro)oid a)es; the e,idence is 3latly contradictory7 Which is not to be ?ondered at7 'he e,idence ?ith regard to sa,age hu&an tribes is contradictory enough, reDuiring ,ery critical e!a&ination and si3ting; and a)e societies are 3ar &ore di33icult to obser,e than hu&an7 For the )resent, there3ore, ?e &ust reBect any conclusion dra?n 3ro& such co&)letely unreliable re)orts7 'he sentence Duoted 3ro& #s)inas, ho?e,er, )ro,ides a better starting )oint7 (&ong the higher ani&als the herd and the 3a&ily are not co&)le&entary to one another, but antagonistic7 #s)inas sho?s ,ery ?ell ho? the Bealousy o3 the &ales during the &ating season loosens the ties o3 e,ery social herd or te&)orarily brea$s it u)7
When the 3a&ily bond is close and e!clusi,e, herds 3or& only in e!ce)tional cases7 When on the other hand 3ree se!ual intercourse or )olyga&y )re,ails, the herd co&es into being al&ost s)ontaneously7777 4e3ore a herd can be 3or&ed, 3a&ily ties &ust be loosened and the indi,idual &ust ha,e beco&e 3ree again7 'his is the reason ?hy organi1ed 3loc$s are so rarely 3ound a&ong birds7777 We 3ind &ore or less organi1ed societies a&ong &a&&als, ho?e,er, )recisely because here the indi,idual is not &erged in the 3a&ily7777 5n its 3irst gro?th, there3ore, the co&&on 3eeling o3 the herd has no greater ene&y than the co&&on 3eeling o3 the 3a&ily7 We state it ?ithout hesitation: only by absorbing 3a&ilies ?hich had undergone a radical change could a social 3or& higher than the 3a&ily ha,e de,elo)ed; at the sa&e ti&e, these 3a&ilies ?ere thereby enabled later to constitute the&sel,es a3resh under in3initely &ore 3a,orable circu&stances7 "%spinas, op. cit., (uoted )y *iraud$+eu,on, -rigines du mariage et de ,a .ami,,e, 188 , pp. /18$20&.

Here ?e see that ani&al societies are, a3ter all, o3 so&e ,alue 3or dra?ing conclusions about hu&an societies; but the ,alue is only negati,e7 o 3ar as our e,idence goes, the higher ,ertebrates $no? only t?o 3or&s o3 3a&ily < )olygyny or se)arate cou)les; each 3or& allo?s only one adult &ale, only one husband7 'he Bealousy o3 the &ale, ?hich both consolidates and isolates the 3a&ily, sets the ani&al 3a&ily in o))osition to the herd7 'he Bealousy o3 the &ales )re,ents the herd, the higher social 3or&, 3ro& co&ing into e!istence, or ?ea$ens its cohesion, or brea$s it u) during the &ating )eriod; at best, it attests its de,elo)&ent7 'his alone is su33icient )roo3 that ani&al 3a&ilies and )ri&iti,e hu&an society are inco&)atible, and that ?hen )ri&iti,e

+:

'he Fa&ily

&en ?ere ?or$ing their ?ay u) 3ro& the ani&al creation, they either had no 3a&ily at all or a 3or& that does not occur a&ong ani&als7 5n s&all nu&bers, an ani&al so de3enseless as e,ol,ing &an &ight struggle along e,en in conditions o3 isolation, ?ith no higher social grou)ing than the single &ale and 3e&ale )air, such as Wester&arc$, 3ollo?ing the re)orts o3 hunters, attributes to the gorillas and the chi&)an1ees7 For &anIs de,elo)&ent beyond the le,el o3 the ani&als, 3or the achie,e&ent o3 the greatest ad,ance nature can sho?, so&ething &ore ?as needed: the )o?er o3 de3ense lac$ing to the indi,idual had to be &ade good by the united strength and co-o)eration o3 the herd7 'o e!)lain the transition to hu&anity 3ro& conditions such as those in ?hich the anthro)oid a)es li,e today ?ould be Duite i&)ossible; it loo$s &uch &ore as i3 these a)es had strayed o33 the line o3 e,olution and ?ere gradually dying out or at least degenerating7 'hat alone is su33icient ground 3or reBecting all atte&)ts based on )arallels dra?n bet?een 3or&s o3 3a&ily and those o3 )ri&iti,e &an7 Mutual toleration a&ong the adult &ales, 3reedo& 3ro& Bealousy, ?as the 3irst condition 3or the 3or&ation o3 those larger, )er&anent grou)s in ?hich alone ani&als could beco&e &en7 (nd ?hat, in 3act, do ?e 3ind to be the oldest and &ost )ri&iti,e 3or& o3 3a&ily ?hose historical e!istence ?e can indis)utably )ro,e and ?hich in one or t?o )arts o3 the ?orld ?e can still study todayN -rou) &arriage, the 3or& o3 3a&ily in ?hich ?hole grou)s o3 &en and ?hole grou)s o3 ?o&en &utually )ossess one another, and ?hich lea,es little roo& 3or Bealousy7 (nd at a later stage o3 de,elo)&ent ?e 3ind the e!ce)tional 3or& o3 )olyandry, ?hich )ositi,ely re,olts e,ery Bealous instinct and is there3ore un$no?n a&ong ani&als7 4ut as all $no?n 3or&s o3 grou) &arriage are acco&)anied by such )eculiarly co&)licated regulations that they necessarily )oint to earlier and si&)ler 3or&s o3 se!ual relations, and there3ore in the last resort to a )eriod o3 )ro&iscuous intercourse corres)onding to the transition 3ro& the ani&al to the hu&an, the re3erences to ani&al &arriages only bring us bac$ to the ,ery )oint 3ro& ?hich ?e ?ere to be led a?ay 3or good and all7 What, then, does )ro&iscuous se!ual intercourse really &eanN 5t &eans the absence o3 )rohibitions and restrictions ?hich are or ha,e been in 3orce7 We ha,e already seen the barrier o3 Bealousy go do?n7 53 there is one thing certain, it is that the 3eeling o3 Bealousy de,elo)s relati,ely late7 'he sa&e is true o3 the conce)tion o3 incest7 Got only ?ere brother and sister originally &an and ?i3e; se!ual intercourse bet?een )arents and children is still )er&itted a&ong &any )eo)les today7 4ancro3t 6The /ative Race# of the Pacific State# of /orth America , 18@J, %ol7 58, testi3ies to it a&ong the Fadia$s on the 4ehring traits, the Fadia$s near (las$a, and the 'inneh in the interior o3 4ritish Gorth (&erica; >etourneau co&)iled re)orts o3 it a&ong the Hhi))e?a 5ndians, the Hucus in Hhile, the Haribs, the Farens in 4ur&a; to say nothing o3 the stories told by the old -ree$s and Ao&ans about the Parthians, Persians, cythians, Huns, and so on7 4e3ore incest ?as in,ented < 3or incest is an in,ention, and a ,ery ,aluable one, too < se!ual intercourse bet?een )arents and children did not arouse any &ore re)ulsion than se!ual intercourse bet?een other )ersons o3 di33erent generations, and that occurs today e,en in the &ost )hilistine countries ?ithout e!citing any great horror; e,en Cold &aidsE o3 o,er si!ty, i3 they are rich enough, so&eti&es &arry young &en in their thirties7 4ut i3 ?e consider the &ost )ri&iti,e $no?n 3or&s o3 3a&ily a)art 3ro& their conce)tions o3 incest < conce)tions ?hich are totally di33erent 3ro& ours and 3reDuently in direct contradiction to the&-then the 3or& o3 se!ual intercourse can only be described as )ro&iscuous < )ro&iscuous in so 3ar as the restrictions later established by custo& did not yet e!ist7 4ut in e,eryday )ractice that by no &eans necessarily i&)lies general &i!ed &ating7 'e&)orary )airings o3 one &an ?ith one ?o&an ?ere not in any ?ay e!cluded, Bust as in the cases o3 grou) &arriages today the &aBority o3 relationshi)s are o3 this character7 (nd ?hen Wester&arc$, the latest ?riter to deny the e!istence o3 such a )ri&iti,e state, a))lies the ter& C&arriageE to e,ery relationshi) in ?hich the t?o se!es re&ain &ated until the birth o3 the o33s)ring, ?e &ust )oint out that this $ind o3 &arriage can ,ery ?ell occur under the conditions o3 )ro&iscuous intercourse ?ithout contradicting the )rinci)le o3 )ro&iscuity < the absence o3 any restriction i&)osed by custo& on se!ual intercourse7 Wester&arc$, ho?e,er,

+1

'he Fa&ily

ta$es the stand)oint that )ro&iscuity Cin,ol,es a su))ression o3 indi,idual inclinations,E and that there3ore Cthe &ost genuine 3or& o3 it is )rostitution7E 5n &y o)inion, any understanding o3 )ri&iti,e society is i&)ossible to )eo)le ?ho only see it as a brothel7 We ?ill return to this )oint ?hen discussing grou) &arriage7 (ccording to Morgan, 3ro& this )ri&iti,e state o3 )ro&iscuous intercourse there de,elo)ed, )robably ,ery early:

1. "he #onsang$ine Family, "he First Stage of the Family

Here the &arriage grou)s are se)arated according to generations: all the grand3athers and grand&others ?ithin the li&its o3 the 3a&ily are all husbands and ?i,es o3 one another; so are also their children, the 3athers and &others; the latter;s children ?ill 3or& a third circle o3 co&&on husbands and ?i,es; and their children, the great-grandchildren o3 the 3irst grou), ?ill 3or& a 3ourth7 5n this 3or& o3 &arriage, there3ore, only ancestors and )rogeny, and )arents and children, are e!cluded 3ro& the rights and duties 6as ?e should say8 o3 &arriage ?ith one another7 4rothers and sisters, &ale and 3e&ale cousins o3 the 3irst, second, and &ore re&ote degrees, are all brothers and sisters o3 one another, and )recisely 3or that reason they are all husbands and ?i,es o3 one another7 (t this stage the relationshi) o3 brother and sister also includes as a &atter o3 course the )ractice o3 se!ual intercourse ?ith one another7 !i 5n its ty)ical 3or&, such a 3a&ily ?ould consist o3 the descendants o3 a single )air, the descendants o3 these descendants in each generation being again brothers and sisters, and there3ore husbands and ?i,es, o3 one another7 !ii 'he consanguine 3a&ily is e!tinct7 #,en the &ost )ri&iti,e )eo)les $no?n to history )ro,ide no de&onstrable instance o3 it7 4ut that it &ust ha,e e!isted, ?e are co&)elled to ad&it: 3or the Ha?aiian syste& o3 consanguinity still )re,alent today throughout the ?hole o3 Polynesia e!)resses degrees o3 consanguinity ?hich could only arise in this 3or& o3 3a&ily; and the ?hole subseDuent de,elo)&ent o3 the 3a&ily )resu))oses the e!istence o3 the consanguine 3a&ily as a necessary )re)aratory stage7

"he P$nal$an Family

53 the 3irst ad,ance in organi1ation consisted in the e!clusion o3 )arents and children 3ro& se!ual intercourse ?ith one another, the second ?as the e!clusion o3 sister and brother7 On account o3 the greater nearness in age, this second ad,ance ?as in3initely &ore i&)ortant, but also &ore di33icult, than the 3irst7 5t ?as e33ected gradually, beginning )robably ?ith the e!clusion 3ro& se!ual intercourse o3 o?n brothers and sisters 6children o3, the sa&e &other8 3irst in isolated cases and then by degrees as a general rule 6e,en in this century e!ce)tions ?ere 3ound in Ha?aii8, and ending ?ith the )rohibition o3 &arriage e,en bet?een collateral brothers and sisters, or, as ?e should say, bet?een 3irst, second, and third cousins7 5t a33ords, says Morgan, Ca good illustration o3 the o)eration o3 the )rinci)le o3 natural selection7E 'here can be no Duestion that the tribes a&ong ?ho& inbreeding ?as restricted by this ad,ance ?ere bound to de,elo) &ore Duic$ly and &ore 3ully than those a&ong ?ho& &arriage bet?een brothers and sisters re&ained the rule and the la?7 Ho? )o?er3ully the in3luence o3 this ad,ance &ade itsel3 3elt is seen in the institution ?hich arose directly out o3 it and ?ent 3ar beyond it -- the gens, ?hich 3or&s the basis o3 the social order o3 &ost, i3 not all, barbarian )eo)les o3 the earth and 3ro& ?hich in -reece and Ao&e ?e ste) directly into ci,ili1ation7 (3ter a 3e? generations at &ost, e,ery original 3a&ily ?as bound to s)lit u)7 'he )ractice o3 li,ing together in a )ri&iti,e co&&unistic household, ?hich )re,ailed ?ithout e!ce)tion till late in the &iddle stage o3 barbaris&, set a li&it, ,arying ?ith the conditions but 3airly de3inite in each locality, to the &a!i&u& si1e o3 the 3a&ily co&&unity7 (s soon as the conce)tion arose that se!ual intercourse bet?een children o3 the sa&e &other ?as ?rong, it ?as bound to e!ert its in3luence ?hen the old households s)lit u) and ne? ones ?ere 3ounded 6though these did not

++

'he Fa&ily

necessarily coincide ?ith the 3a&ily grou)87 One or &ore lines o3 sisters ?ould 3or& the nucleus o3 the one household and their o?n brothers the nucleus o3 the other7 5t &ust ha,e been in so&e such &anner as this that the 3or& ?hich Morgan calls the )unaluan 3a&ily originated out o3 the consanguine 3a&ily7 (ccording to the Ha?aiian custo&, a nu&ber o3 sisters, o?n or collateral 63irst, second or &ore re&ote cousins8 ?ere the co&&on ?i,es o3 their co&&on husbands, 3ro& a&ong ?ho&, ho?e,er, their o?n brothers ?ere e!cluded; these husbands no? no longer called the&sel,es brothers, 3or they ?ere no longer necessarily brothers, but )unalua < that is, inti&ate co&)anion, or )artner7 i&ilarly, a line o3 o?n or collateral brothers had a nu&ber o3 ?o&en, not their sisters, as co&&on ?i,es, and these ?i,es called one another )unalua7 'his ?as the classic 3or& o3 a ty)e o3 3a&ily, in ?hich later a nu&ber o3 ,ariations ?as )ossible, but ?hose essential 3eature ?as: &utually co&&on )ossession o3 husbands and ?i,es ?ithin a de3inite 3a&ily circle, 3ro& ?hich, ho?e,er, the brothers o3 the ?i,es, 3irst o?n and later also collateral, and con,ersely also the sisters o3 the husbands, ?ere e!cluded7 'his 3or& o3 the 3a&ily )ro,ides ?ith the &ost co&)lete e!actness the degrees o3 consanguinity e!)ressed in the (&erican syste&7 'he children o3 &y &other;s sisters are still her children, Bust as the children o3 &y 3ather;s brothers are also his children; and they are all &y brothers and sisters7 4ut the children o3 &y &other;s brothers are no? her ne)he?s and nieces, the children o3 &y 3atherIs sisters are his ne)he?s and nieces, and they are all &y &ale and 3e&ale cousins7 For ?hile the husbands o3 &y &other;s sisters are still her husbands, and the ?i,es o3 &y 3atherPrDuo;s brothers are still his ?i,es 6in right, i3 not al?ays in 3act8, the social ban on se!ual intercourse bet?een brothers and sisters has no? di,ided the children o3 brothers and sisters, ?ho had hitherto been treated as o?n brothers and sisters, into t?o classes: those in the one class re&ain brothers and sisters as be3ore 6collateral, according to our syste&8; those in the other class, the children o3 &y &other;s brother in the one case and o3 &y 3ather;s sister in the other, cannot be brothers and sisters any longer, they can no longer ha,e co&&on )arents, neither 3ather nor &other nor both, and there3ore no? 3or the 3irst ti&e the class o3 ne)he?s and nieces, &ale and 3e&ale cousins beco&es necessary, ?hich in the earlier co&)osition o3 the 3a&ily ?ould ha,e been senseless7 'he (&erican syste& o3 consanguinity, ?hich a))ears )urely nonsensical in any 3or& o3 3a&ily based on any ,ariety o3 &onoga&y, 3inds, do?n to the s&allest details, its rational e!)lanation and its natural 3oundation in the )unaluan 3a&ily7 'he )unaluan 3a&ily or a 3or& si&ilar to it &ust ha,e been at the ,ery least as ?ides)read as this syste& o3 consanguinity7 #,idence o3 this 3or& o3 3a&ily, ?hose e!istence has actually been )ro,ed in Ha?aii, ?ould )robably ha,e been recei,ed 3ro& all o,er Polynesia i3 the )ious &issionaries, li$e the )anish &on$s o3 3or&er days in (&erica, had been able to see in such unchristian conditions anything &ore than a sheer Cabo&ination7E !iii Haesar;s re)ort o3 the 4ritons, ?ho ?ere at that ti&e in the &iddle stage o3 barbaris&, Ce,ery ten or t?el,e ha,e ?i,es in co&&on, es)ecially brothers ?ith brothers and )arents ?ith children,E is best e!)lained as grou) &arriage7 4arbarian &others do not ha,e ten or t?el,e sons o3 their o?n old enough to $ee) ?i,es in co&&on, but the (&erican syste& o3 consanguinity, ?hich corres)onds to the )unaluan 3a&ily, )ro,ides nu&erous brothers, because all a &an;s cousins, near and distant, are his brothers7 Haesar;s &ention o3 C)arents ?ith childrenE &ay be due to &isunderstanding on his )art; it is not, ho?e,er, absolutely i&)ossible under this syste& that 3ather and son or &other and daughter should be included in the sa&e &arriage grou), though not 3ather and daughter or &other and son7 'his or a si&ilar 3or& o3 grou) &arriage also )ro,ides the si&)lest e!)lanation o3 the accounts in Herodotus and other ancient ?riters about co&&unity o3 ?i,es a&ong sa,ages and barbarian )eo)les7 'he sa&e a))lies also to the re)orts o3 Watson and Faye in their boo$, The People of !ndia, about the 'eehurs in Oudh 6north o3 the -anges8: C4oth se!es ha,e but a no&inal tie on each other, and they change connection ?ithout co&)unction; li,ing together, al&ost indiscri&inately, in &any large 3a&ilies7E

+9

'he Fa&ily

5n the ,ery great &aBority o3 cases the institution o3 the gens see&s to ha,e originated directly out o3 the )unaluan 3a&ily7 5t is true that the (ustralian classi3icatory syste& also )ro,ides an origin 3or it: the (ustralians ha,e gentes, but not yet the )unaluan 3a&ily; instead, they ha,e a cruder 3or& o3 grou) &arriage7 5n all 3or&s o3 grou) 3a&ily it is uncertain ?ho is the 3ather o3 a child; but it is certain ?ho its &other is7 'hough she calls all the children o3 the ?hole 3a&ily her children and has a &other;s duties to?ards the&, she ne,ertheless $no?s her o?n children 3ro& the others7 5t is there3ore clear that in so 3ar as grou) &arriage )re,ails, descent can only be )ro,ed on the &other;s side and that there3ore only the 3e&ale line is recogni1ed7 (nd this is in 3act the case a&ong all )eo)les in the )eriod o3 sa,agery or in the lo?er stage o3 barbaris&7 5t is the second great &erit o3 4acho3en that he ?as the 3irst to &a$e this disco,ery7 'o denote this e!clusi,e recognition o3 descent through the &other and the relations o3 inheritance ?hich in ti&e resulted 3ro& it, he uses the ter& C&other-right,E ?hich 3or the sa$e o3 bre,ity 5 retain7 'he ter& is, ho?e,er, ill-chosen, since at this stage o3 society there cannot yet be any tal$ o3 CrightE in the legal sense7 53 ?e no? ta$e one o3 the t?o standard grou)s o3 the )unaluan 3a&ily, na&ely a line o3 o?n and collateral sisters 6that is, o?n sisters; children in the 3irst, second or third degree8, together ?ith their children and their o?n collateral brothers on the &other;s side 6?ho, according to our assu&)tion, are not their husbands8, ?e ha,e the e!act circle o3 )ersons ?ho& ?e later 3ind as &e&bers o3 a gens, in the original 3or& o3 that institution7 'hey all ha,e a co&&on ancestral &other, by ,irtue o3 their descent 3ro& ?ho& the 3e&ale o33s)ring in each generation are sisters7 'he husbands o3 these sisters, ho?e,er, can no longer be their brothers and there3ore cannot be descended 3ro& the sa&e ancestral &other; conseDuently, they do not belong to the sa&e consanguine grou), the later gens7 'he children o3 these sisters, ho?e,er, do belong to this grou), because descent on the &other;s side alone counts, since it alone is certain7 (s soon as the ban had been established on se!ual intercourse bet?een all brothers and sisters, including the &ost re&ote collateral relati,es on the &other;s side, this grou) trans3or&ed itsel3 into a gens < that is, it constituted itsel3 a 3ir& circle o3 blood relations in the 3e&ale line, bet?een ?ho& &arriage ?as )rohibited; and hence3or?ard by other co&&on institutions o3 a social and religious character it increasingly consolidated and di33erentiated itsel3 3ro& the other gentes o3 the sa&e tribe7 More o3 this later7 When ?e see, then, that the de,elo)&ent o3 the gens 3ollo?s, not only necessarily, but also )er3ectly naturally 3ro& the )unaluan 3a&ily, ?e &ay reasonably in3er that at one ti&e this 3or& o3 3a&ily al&ost certainly e!isted a&ong all )eo)les a&ong ?ho& the )resence o3 gentile institutions can be )ro,ed < that is, )ractically all barbarians and ci,ili1ed )eo)les7 (t the ti&e Morgan ?rote his boo$, our $no?ledge o3 grou) &arriage ?as still ,ery li&ited7 ( little in3or&ation ?as a,ailable about the grou) &arriages o3 the (ustralians, ?ho ?ere organi1ed in classes, and Morgan had already, in 18@1, )ublished the re)orts he had recei,ed concerning the )unaluan 3a&ily in Ha?aii7 'he )unaluan 3a&ily )ro,ided, on the one hand, the co&)lete e!)lanation o3 the syste& o3 consanguinity in 3orce a&ong the (&erican 5ndians, ?hich had been the starting )oint o3 all Morgan;s researches; on the other hand, the origin o3 the &atriarchal gens could be deri,ed directly 3ro& the )unaluan 3a&ily; 3urther, the )unaluan 3a&ily re)resented a &uch higher stage o3 de,elo)&ent than the (ustralian classi3icatory syste&7 5t is there3ore co&)rehensible that Morgan should ha,e regarded it as the necessary stage o3 de,elo)&ent be3ore )airing &arriage and should belie,e it to ha,e been general in earlier ti&es7 ince then ?e ha,e beco&e acDuainted ?ith a nu&ber o3 other 3or&s o3 grou) &arriage, and ?e no? $no? that Morgan here ?ent too 3ar7 Ho?e,er, in his )unaluan 3a&ily he had had the good 3ortune to stri$e the highest, the classic 3or& o3 grou) &arriage, 3ro& ?hich the transition to a higher stage can be e!)lained &ost si&)ly7 For the &ost i&)ortant additions to our $no?ledge o3 grou) &arriage ?e are indebted to the #nglish &issionary, >ori&er Fison, ?ho 3or years studied this 3or& o3 the 3a&ily in its classic

+4

'he Fa&ily

ho&e, (ustralia7 He 3ound the lo?est stage o3 de,elo)&ent a&ong the (ustralian aborigines o3 Mount -a&bier in outh (ustralia7 Here the ?hole tribe is di,ided into t?o great e!oga&ous classes or &oieties, Fro$i and Fu&ite7 e!ual intercourse ?ithin each o3 these &oieties is strictly 3orbidden; on the other hand, e,ery &an in the one &oiety is the husband by birth o3 e,ery ?o&an in the other &oiety and she is by birth his ?i3e7 Got the indi,iduals, but the entire grou)s are &arried, &oiety ?ith &oiety7 (nd obser,e that there is no e!clusion on the ground o3 di33erence in age or )articular degrees o3 a33inity, e!ce)t such as is entailed by the di,ision o3 the tribe into t?o e!oga&ous classes7 ( Fro$i has e,ery Fu&ite ?o&an la?3ully to ?i3e; but, as his o?n daughter according to &other-right is also a Fu&ite, being the daughter o3 a Fu&ite ?o&an, she is by birth the ?i3e o3 e,ery Fro$i, including, there3ore, her 3ather7 (t any rate, there is no bar against this in the organi1ation into &oieties as ?e $no? it7 #ither, then, this organi1ation arose at a ti&e ?hen, in s)ite o3 the obscure i&)ulse to?ards the restriction o3 inbreeding, se!ual intercourse bet?een )arents and children ?as still not 3elt to be )articularly horrible < in ?hich case the &oiety syste& &ust ha,e originated directly out o3 a state o3 se!ual )ro&iscuity; or else intercourse bet?een )arents and children ?as already 3orbidden by custo& ?hen the &oieties arose, and in that case the )resent conditions )oint bac$ to the consanguine 3a&ily and are the 3irst ste) beyond it7 'he latter is &ore )robable7 'here are not, to &y $no?ledge, any instances 3ro& (ustralia o3 se!ual cohabitation bet?een )arents and children, and as a rule the later 3or& o3 e!oga&y, the &atriarchal gens, also tacitly )resu))oses the )rohibition o3 this relationshi) as already in 3orce ?hen the gens ca&e into being7 'he syste& o3 t?o &oieties is 3ound, not only at Mount -a&bier in outh (ustralia, but also on the 0arling Ai,er 3urther to the east and in Queensland in the northeast; it is there3ore ?idely distributed7 5t e!cludes &arriages only bet?een brothers and sisters, bet?een the children o3 brothers and bet?een the children o3 sisters on the &otherIs side, because these belong to the sa&e &oiety; the children o3 sisters and brothers, ho?e,er, &ay &arry7 ( 3urther ste) to?ards the )re,ention o3 inbreeding ?as ta$en by the Fa&ilaroi on the 0arling Ai,er in Ge? outh Wales; the t?o original &oieties are s)lit u) into 3our, and again each o3 these 3our sections is &arried en bloc to another7 'he 3irst t?o sections are husbands and ?i,es o3 one another by birth; according to ?hether the &other belonged to the 3irst or second section, the children go into the third or 3ourth; the children o3 these last t?o sections, ?hich are also &arried to one another, co&e again into the 3irst and second sections7 'hus one generation al?ays belongs to the 3irst and second sections, the ne!t to the third and 3ourth, and the generation a3ter that to the 3irst and second again7 =nder this syste&, 3irst cousins 6on the &other;s side8 cannot be &an and ?i3e, but second cousins can7 'his )eculiarly co&)licated arrange&ent is &ade still &ore intricate by ha,ing &atriarchal gentes gra3ted onto it 6at any rate later8, but ?e cannot go into the details o3 this no?7 What is signi3icant is ho? the urge to?ards the )re,ention o3 inbreeding asserts itsel3 again and again, 3eeling its ?ay, ho?e,er, Duite instincti,ely, ?ithout clear consciousness o3 its ai&7 -rou) &arriage ?hich in these instances 3ro& (ustralia is still &arriage o3 sections, &ass &arriage o3 an entire section o3 &en, o3ten scattered o,er the ?hole continent, ?ith an eDually ?idely distributed section o3 ?o&en < this grou) &arriage, seen close at hand, does not loo$ Duite so terrible as the )hilistines, ?hose &inds cannot get beyond brothels, i&agine it to be7 On the contrary, 3or years its e!istence ?as not e,en sus)ected and has no? Duite recently been Duestioned again7 (ll that the su)er3icial obser,er sees in grou) &arriage is a loose 3or& o3 &onoga&ous &arriage, here and there )olygyny, and occasional in3idelities7 5t ta$es years, as it too$ Fison and Ho?lett, to disco,er beneath these &arriage custo&s, ?hich in their actual )ractice should see& al&ost 3a&iliar to the a,erage #uro)ean, their controlling la?: the la? by ?hich the (ustralian aborigine, ?andering hundreds o3 &iles 3ro& his ho&e a&ong )eo)le ?hose language he does not understand, ne,ertheless o3ten 3inds in e,ery ca&) and e,ery tribe ?o&en ?ho gi,e the&sel,es to hi& ?ithout resistance and ?ithout resent&ent; the la? by ?hich the &an ?ith se,eral ?i,es gi,es one u) 3or the night to his guest7 Where the #uro)ean sees

+J

'he Fa&ily

i&&orality and la?lessness, strict la? rules in reality7 'he ?o&en belong to the &arriage grou) o3 the stranger, and there3ore they are his ?i,es by birth; that sa&e la? o3 custo& ?hich gi,es the t?o to one another 3orbids under )enalty o3 outla?ry all intercourse outside the &arriage grou)s that belong together7 #,en ?hen ?i,es are ca)tured, as 3reDuently occurs in &any )laces, the la? o3 the e!oga&ous classes is still care3ully obser,ed7 Marriage by ca)ture, it &ay be re&ar$ed, already sho?s signs o3 the transition to &onoga&ous &arriage, at least in the 3or& o3 )airing &arriage7 When the young &an has ca)tured or abducted a girl, ?ith the hel) o3 his 3riends, she is enBoyed by all o3 the& in turn, but a3ter?ards she is regarded as the ?i3e o3 the young &an ?ho instigated her ca)ture7 53, on the other hand, the ca)tured ?o&an runs a?ay 3ro& her husband and is caught by another &an, she beco&es his ?i3e and the 3irst husband loses his rights7 'hus ?hile grou) &arriage continues to e!ist as the general 3or&, side by side ?ith grou) &arriage and ?ithin it e!clusi,e relationshi)s begin to 3or&, )airings 3or a longer or shorter )eriod, also )olygyny; thus grou) &arriage is dying out here, too, and the only Duestion is ?hich ?ill disa))ear 3irst under #uro)ean in3luence: grou) &arriage or the (ustralian aborigines ?ho )ractice it7 Marriage bet?een entire sections, as it )re,ails in (ustralia, is in any case a ,ery lo? and )ri&iti,e 3or& o3 grou) &arriage, ?hereas the )unaluan 3a&ily, so 3ar as ?e $no?, re)resents its highest stage o3 de,elo)&ent7 'he 3or&er a))ears to be the 3or& corres)onding to the social le,el o3 ,agrant sa,ages, ?hile the latter already )resu))oses relati,ely )er&anent settle&ents o3 co&&unistic co&&unities and leads i&&ediately to the successi,e higher )hase o3 de,elo)&ent7 4ut ?e shall certainly 3ind &ore than one inter&ediate stage bet?een these t?o 3or&s; here lies a ne?ly disco,ered 3ield o3 research ?hich is still al&ost co&)letely une!)lored7

"he Pairing Family

( certain a&ount o3 )airing, 3or a longer or shorter )eriod, already occurred in grou) &arriage or e,en earlier; the &an had a chie3 ?i3e a&ong his &any ?i,es 6one can hardly yet s)ea$ o3 a 3a,orite ?i3e8, and 3or her he ?as the &ost i&)ortant a&ong her husbands7 'his 3act has contributed considerably to the con3usion o3 the &issionaries, ?ho ha,e regarded grou) &arriage so&eti&es as )ro&iscuous co&&unity o3 ?i,es, so&eti&es as unbridled adultery7 4ut these custo&ary )airings ?ere bound to gro? &ore stable as the gens de,elo)ed and the classes o3 CbrothersE and CsistersE bet?een ?ho& &arriage ?as i&)ossible beca&e &ore nu&erous7 'he i&)ulse gi,en by the gens to the )re,ention o3 &arriage bet?een blood relati,es e!tended still 3urther7 'hus a&ong the 5roDuois and &ost o3 the other 5ndians at the lo?er stage o3 barbaris& ?e 3ind that &arriage is )rohibited bet?een all relati,es enu&erated in their syste& < ?hich includes se,eral hundred degrees o3 $inshi)7 'he increasing co&)lication o3 these )rohibitions &ade grou) &arriages &ore and &ore i&)ossible; they ?ere dis)laced by the )airing 3a&ily7 5n this stage, one &an li,es ?ith one ?o&an, but the relationshi) is such that )olyga&y and occasional in3idelity re&ain the right o3 the &en, e,en though 3or econo&ic reasons )olyga&y is rare, ?hile 3ro& the ?o&an the strictest 3idelity is generally de&anded throughout the ti&e she li,es ?ith the &an, and adultery on her )art is cruelly )unished7 'he &arriage tie can, ho?e,er, be easily dissol,ed by either )artner; a3ter se)aration, the children still belong, as be3ore, to the &other alone7 5n this e,er e!tending e!clusion o3 blood relati,es 3ro& the bond o3 &arriage, natural selection continues its ?or$7 5n Morgan;s ?ords:
'he in3luence o3 the ne? )ractice, ?hich brought unrelated )ersons into the &arriage relation, tended to create a &ore ,igorous stoc$ )hysically and &entally7777 When t?o ad,ancing tribes, ?ith strong &ental and )hysical characters, are brought together and blended into one )eo)le by the accidents o3 barbarous li3e, the ne? s$ull and brain ?ould ?iden and lengthen to the su& o3 the ca)abilities o3 both7 "Morgan, -p. cit., p. 68. ' %d.&

+2

'he Fa&ily

'ribes ?ith gentile constitution ?ere thus bound to gain su)re&acy o,er &ore bac$?ard tribes, or else to carry the& along by their e!a&)le7 'hus the history o3 the 3a&ily in )ri&iti,e ti&es consists in the )rogressi,e narro?ing o3 the circle, originally e&bracing the ?hole tribe, ?ithin ?hich the t?o se!es ha,e a co&&on conBugal relation7 'he continuous e!clusion, 3irst o3 nearer, then o3 &ore and &ore re&ote relati,es, and at last e,en o3 relati,es by &arriage, ends by &a$ing any $ind o3 grou) &arriage )ractically i&)ossible7 Finally, there re&ains only the single, still loosely lin$ed )air, the &olecule ?ith ?hose dissolution &arriage itsel3 ceases7 'his in itsel3 sho?s ?hat a s&all )art indi,idual se!lo,e, in the &odern sense o3 the ?ord, )layed in the rise o3 &onoga&y7 Let stronger )roo3 is a33orded by the )ractice o3 all )eo)les at this stage o3 de,elo)&ent7 Whereas in the earlier 3or&s o3 the 3a&ily &en ne,er lac$ed ?o&en, but, on the contrary, had too &any rather than too 3e?, ?o&en had no? beco&e scarce and highly sought a3ter7 Hence it is ?ith the )airing &arriage that there begins the ca)ture and )urchase o3 ?o&en < ?ides)read sy&)to&s, but no &ore than sy&)to&s, o3 the &uch dee)er change that had occurred7 'hese sy&)to&s, &ere &ethods o3 )rocuring ?i,es, the )edantic cot, Mc>ennan, has trans&ogri3ied into s)ecial classes o3 3a&ilies under the na&es o3 C&arriage by ca)tureE and C&arriage by )urchase7E 5n general, ?hether a&ong the (&erican 5ndians or other )eo)les 6at the sa&e stage8, the conclusion o3 a &arriage is the a33air, not o3 the t?o )arties concerned, ?ho are o3ten not consulted at all, but o3 their &others7 '?o )ersons entirely un$no?n to each other are o3ten thus a33ianced; they only learn that the bargain has been struc$ ?hen the ti&e 3or &arrying a))roaches7 4e3ore the ?edding the bridegroo& gi,es )resents to the brideIs gentile relati,es 6to those on the &otherIs side, there3ore, not to the 3ather and his relations8, ?hich are regarded as gi3t )ay&ents in return 3or the girl7 'he &arriage is still ter&inable at the desire o3 either )artner, but a&ong &any tribes, the 5roDuois, 3or e!a&)le, )ublic o)inion has gradually de,elo)ed against such se)arations; ?hen di33erences arise bet?een husband and ?i3e, the gens relati,es o3 both )artners act as &ediators, and only i3 these e33orts )ro,e 3ruitless does a se)aration ta$e )lace, the ?i3e then $ee)ing the children and each )artner being 3ree to &arry again7 'he )airing 3a&ily, itsel3 too ?ea$ and unstable to &a$e an inde)endent household necessary or e,en desirable, in no ?ise destroys the co&&unistic household inherited 3ro& earlier ti&es7 Ho&&unistic house$ee)ing, ho?e,er, &eans the su)re&acy o3 ?o&en in the house; Bust as the e!clusi,e recognition o3 the 3e&ale )arent, o?ing to the i&)ossibility o3 recogni1ing the &ale )arent ?ith certainty, &eans that the ?o&en < the &others < are held in high res)ect7 One o3 the &ost absurd notions ta$en o,er 3ro& eighteenth-century enlighten&ent is that in the beginning o3 society ?o&an ?as the sla,e o3 &an7 (&ong all sa,ages and all barbarians o3 the lo?er and &iddle stages, and to a certain e!tent o3 the u))er stage also, the )osition o3 ?o&en is not only 3ree, but honorable7 (s to ?hat it still is in the )airing &arriage, let us hear the e,idence o3 (shur Wright, 3or &any years &issionary a&ong the 5roDuois enecas:
(s to their 3a&ily syste&, ?hen occu)ying the old long-houses .co&&unistic households co&)rising se,eral 3a&ilies/, it is )robable that so&e one clan .gens/ )redo&inated, the ?o&en ta$ing in husbands, ho?e,er, 3ro& the other clans .gentes/ 7777 =sually, the 3e&ale )ortion ruled the house7777 'he stores ?ere in co&&on; but ?oe to the luc$less husband or lo,er ?ho ?as too shi3tless to do his share o3 the )ro,iding7 Go &atter ho? &any children, or ?hate,er goods he &ight ha,e in the house, he &ight at any ti&e be ordered to )ic$ u) his blan$et and budge; and a3ter such orders it ?ould not be health3ul 3or hi& to atte&)t to disobey7 'he house ?ould be too hot 3or hi&; and 777 he &ust retreat to his o?n clan .gens/; or, as ?as o3ten done, go and start a ne? &atri&onial alliance in so&e other7 'he ?o&en ?ere the great )o?er a&ong the clans .gentes/, as e,ery?here else7 'hey did not hesitate, ?hen occasion reDuired, Cto $noc$ o33 the horns,E as it ?as technically called, 3ro& the head o3 a chie3, and send hi& bac$ to the ran$s o3 the ?arriors7 "1uoted )y Morgan, -p. cit., P. 6 . ' %d.&

+@

'he Fa&ily

'he co&&unistic household, in ?hich &ost or all o3 the ?o&en belong to one and the sa&e gens, ?hile the &en co&e 3ro& ,arious gentes, is the &aterial 3oundation o3 that su)re&acy o3 the ?o&en ?hich ?as general in )ri&iti,e ti&es, and ?hich it is 4acho3en;s third great &erit to ha,e disco,ered7 'he re)orts o3 tra,elers and &issionaries, 5 &ay add, to the e33ect that ?o&en a&ong sa,ages and barbarians are o,erburdened ?ith ?or$ in no ?ay contradict ?hat has been said7 'he di,ision o3 labor bet?een the t?o se!es is deter&ined by Duite other causes than by the )osition o3 ?o&an in society7 (&ong )eo)les ?here the ?o&en ha,e to ?or$ 3ar harder than ?e thin$ suitable, there is o3ten &uch &ore real res)ect 3or ?o&en than a&ong our #uro)eans7 'he lady o3 ci,ili1ation, surrounded by 3alse ho&age and estranged 3ro& all real ?or$, has an in3initely lo?er social )osition than the hard-?or$ing ?o&an o3 barbaris&, ?ho ?as regarded a&ong her )eo)le as a real lady 6lady, 3ro?a, Frau < &istress8 and ?ho ?as also a lady in character7 Whether )airing &arriage has co&)letely su))lanted grou) &arriage in (&erica today is a Duestion to be decided by closer in,estigation a&ong the )eo)les still at the u))er stage o3 sa,agery in the north?est, and )articularly in outh (&erica7 (&ong the latter, so &any instances o3 se!ual license are related that one can hardly assu&e the old grou) &arriage to ha,e been co&)letely o,erco&e here7 (t any rate, all traces o3 it ha,e not yet disa))eared7 5n at least 3orty Gorth (&erican tribes the &an ?ho &arries an eldest sister has the right to ta$e all her other sisters as his ?i,es as soon as they are old enough < a relic o3 the ti&e ?hen a ?hole line o3 sisters had husbands in co&&on7 (nd 4ancro3t re)orts o3 the 5ndians o3 the Hali3ornia )eninsula 6u))er stage o3 sa,agery8 that they ha,e certain 3esti,als ?hen se,eral CtribesE co&e together 3or the )ur)ose o3 )ro&iscuous se!ual intercourse7 'hese CtribesE are clearly gentes, ?ho )reser,e in these 3easts a di& &e&ory o3 the ti&e ?hen the ?o&en o3 one gens had all the &en o3 the other as their co&&on husbands, and con,ersely7 'he sa&e custo& still )re,ails in (ustralia7 We 3ind a&ong so&e )eo)les that the older &en, the chie3tains and the &agician-)riests, e!)loit the co&&unity o3 ?i,es and &ono)oli1e &ost o3 the ?o&en 3or the&sel,es; at certain 3esti,als and great asse&blies o3 the )eo)le, ho?e,er, they ha,e to restore the old co&&unity o3 ?o&en and allo? their ?i,es to enBoy the&sel,es ?ith the young &en7 Wester&arc$ 6 &i#tory of & man Marriage, 18*1, ))7 +8, +*8 Duotes a ?hole series o3 instances o3 such )eriodic aturnalian 3easts, ?hen 3or a short ti&e the old 3reedo& o3 se!ual intercourse is again restored: e!a&)les are gi,en a&ong the Hos, the antals, the PunBas and Fotars in 5ndia, a&ong so&e (3rican )eo)les, and so 3orth7 Huriously enough, Wester&arc$ dra?s the conclusion that these are sur,i,als, not o3 the grou) &arriage, ?hich he totally reBects, but o3 the &ating season ?hich )ri&iti,e &an had in co&&on ?ith the other ani&als7 Here ?e co&e to 4acho3en;s 3ourth great disco,ery < the ?ides)read transitional 3or& bet?een grou) &arriage and )airing7 What 4acho3en re)resents as a )enance 3or the transgression o3 the old di,ine la?s < the )enance by ?hich the ?o&an )urchases the right o3 chastity < is in 3act only a &ystical e!)ression o3 the )enance by ?hich the ?o&an buys hersel3 out o3 the old co&&unity o3 husbands and acDuires the right to gi,e hersel3 to one &an only7 'his )enance consists in a li&ited surrender: the 4abylonian ?o&en had to gi,e the&sel,es once a year in the te&)le o3 Mylitta; other )eo)les o3 (sia Minor sent their girls 3or years to the te&)le o3 (naitis, ?here they had to )ractice 3ree lo,e ?ith 3a,orites o3 their o?n choosing be3ore they ?ere allo?ed to &arry7 i&ilar custo&s in religious disguise are co&&on to al&ost all (siatic )eo)les bet?een the Mediterranean and the -anges7 'he sacri3ice o3 atone&ent by ?hich the ?o&an )urchases her 3reedo& beco&es increasingly lighter in course o3 ti&e, as 4acho3en already noted:
5nstead o3 being re)eated annually, the o33ering is &ade once only; the hetaeris& o3 the &atrons is succeeded by the hetaeris& o3 the &aidens; hetaeris& during &arriage by hetaeris& be3ore &arriage; surrender to all ?ithout choice by surrender to so&e7 (Mutterrec2t, p. 3i3.!

(&ong other )eo)les the religious disguise is absent7 5n so&e cases < a&ong the 'hracians, Helts, and others, in classical ti&es, &any o3 the original inhabitants o3 5ndia, and to this day

+8

'he Fa&ily

a&ong the Malayan )eo)les, the outh ea 5slanders and &any (&erican 5ndians < the girls enBoy the greatest se!ual 3reedo& u) to the ti&e o3 their &arriage7 'his is es)ecially the case al&ost e,ery?here in outh (&erica, as e,eryone ?ho has gone any distance into the interior can testi3y7 'hus (gassi1 6A )o rney in 0ra%il, 4oston and Ge? Lor$, 1828, )7 +228 tells this story o3 a rich 3a&ily o3 5ndian e!traction: ?hen he ?as introduced to the daughter, he as$ed a3ter her 3ather, )resu&ing hi& to be her &otherIs husband, ?ho ?as 3ighting as an o33icer in the ?ar against Paraguay; but the &other ans?ered ?ith a s&ile: CGao te& )ai, e 3ilha da 3ortunaE 6 he has no 3ather7 he is a child o3 chance8:
5t is the ?ay the 5ndian or hal3-breed ?o&en here al?ays s)ea$ o3 their illegiti&ate children 7 7 7 ?ithout an intonation o3 sadness or o3 bla&e7777 o 3ar is this 3ro& being an unusual case, that777 the o))osite see&s the e!ce)tion7 Hhildren are 3reDuently Duite ignorant o3 their )arentage7 'hey $no? about their &other, 3or all the care and res)onsibility 3alls u)on her, but they ha,e no $no?ledge o3 their 3ather; nor does it see& to occur to the ?o&an that she or her children ha,e any clai& u)on hi&7

What see&s strange here to ci,ili1ed )eo)le is si&)ly the rule according to &other-right and in grou) &arriage7 (&ong other )eo)les, again, the 3riends and relati,es o3 the bridegroo&, or the ?edding guests, clai& their traditional right to the bride at the ?edding itsel3, and the bridegroo&Is turn only co&es last; this ?as the custo& in the 4alearic 5slands and a&ong the (ugilers o3 (3rica in ancient ti&es; it is still obser,ed a&ong the 4areas o3 (byssinia7 5n other cases, an o33icial )ersonage, the head o3 the tribe or the gens, caciDue, sha&an, )riest, )rince or ?hate,er he &ay be called, re)resents the co&&unity and e!ercises the right o3 the 3irst night ?ith the bride7 0es)ite all necro&antic ?hite?ashing, this Bus )ri&e noctis .Aight o3 3irst night7 < #d7/ still )ersists today as a relic o3 grou) &arriage a&ong &ost o3 the nati,es o3 the (las$a region 64ancro3t, Gati,e Aaces, 5, )7 8i8, the 'ahus o3 Gorth Me!ico 65bid7, P7 J848 and other )eo)les; and at any rate in the countries originally Heltic, ?here it ?as handed do?n directly 3ro& grou) &arriage, it e!isted throughout the ?hole o3 the &iddle ages, 3or e!a&)le, in (ragon7 While in Hastile the )easants ?ere ne,er ser3s, in (ragon there ?as ser3do& o3 the &ost sha&e3ul $ind right u) till the decree o3 Ferdinand the Hatholic in 14827 'his docu&ent states:
We Budge and declare that the a3ore&entioned lords 6senors, barons8 777 ?hen the )easant ta$es hi&sel3 a ?i3e, shall neither slee) ?ith her on the 3irst night; nor shall they during the ?edding-night, ?hen the ?i3e has laid hersel3 in her bed, ste) o,er it and the a3ore&entioned ?i3e as a sign o3 lordshi); nor shall the a3ore&entioned lords use the daughter or the son o3 the )easant, ?ith )ay&ent or ?ithout )ay&ent, against their ?ill7 (1uoted in t2e origina, 4ata,an )y Sugen2eim, Ser.dom, Peters)urg, 1861, p. 5/!

4acho3en is also )er3ectly right ?hen he consistently &aintains that the transition 3ro& ?hat he calls CHetaeris&E or C u&)31eugungE to &onoga&y ?as brought about )ri&arily through the ?o&en7 'he &ore the traditional se!ual relations lost the nati,e )ri&iti,e character o3 3orest li3e, o?ing to the de,elo)&ent o3 econo&ic conditions ?ith conseDuent under&ining o3 the old co&&unis& and gro?ing density o3 )o)ulation, the &ore o))ressi,e and hu&iliating &ust the ?o&en ha,e 3elt the& to be, and the greater their longing 3or the right o3 chastity, o3 te&)orary or )er&anent &arriage ?ith one &an only, as a ?ay o3 release7 'his ad,ance could not in any case ha,e originated ?ith the &en, i3 only because it has ne,er occurred to the&, e,en to this day, to renounce the )leasures o3 actual grou) &arriage7 Only ?hen the ?o&en had brought about the transition to )airing &arriage ?ere the &en able to introduce strict &onoga&y < though indeed only 3or ?o&en7 'he 3irst beginnings o3 the )airing 3a&ily a))ear on the di,iding line bet?een sa,agery and barbaris&; they are generally to be 3ound already at the u))er stage o3 sa,agery, but occasionally not until the lo?er stage o3 barbaris&7 'he )airing 3a&ily is the 3or& characteristic o3 barbaris&,

+*

'he Fa&ily

as grou) &arriage is characteristic o3 sa,agery and &onoga&y o3 ci,ili1ation7 'o de,elo) it 3urther, to strict &onoga&y, other causes ?ere reDuired than those ?e ha,e 3ound acti,e hitherto7 5n the single )air the grou) ?as already reduced to its 3inal unit, its t?o-ato& &olecule: one &an and one ?o&an7 Gatural selection, ?ith its )rogressi,e e!clusions 3ro& the &arriage co&&unity, had acco&)lished its tas$; there ?as nothing &ore 3or it to do in this direction7 =nless ne?, social 3orces ca&e into )lay, there ?as no reason ?hy a ne? 3or& o3 3a&ily should arise 3ro& the single )air7 4ut these ne? 3orces did co&e into )lay7 We no? lea,e (&erica, the classic soil o3 the )airing 3a&ily7 Go sign allo?s us to conclude that a higher 3or& o3 3a&ily de,elo)ed here, or that there ?as e,er )er&anent &onoga&y any?here in (&erica )rior to its disco,ery and conDuest7 4ut not so in the Old World7 Here the do&estication o3 ani&als and the breeding o3 herds had de,elo)ed a hitherto unsus)ected source o3 ?ealth and created entirely ne? social relations7 =) to the lo?er stage o3 barbaris&, )er&anent ?ealth had consisted al&ost solely o3 house, clothing, crude orna&ents and the tools 3or obtaining and )re)aring 3ood < boat, ?ea)ons, and do&estic utensils o3 the si&)lest $ind7 Food had to be ?on a3resh day by day7 Go?, ?ith their herds o3 horses, ca&els, asses, cattle, shee), goats, and )igs, the ad,ancing )astoral )eo)les < the e&ites on the #u)hrates and the 'igris, and the (ryans in the 5ndian country o3 the Fi,e trea&s 6PunBab8, in the -anges region, and in the ste))es then &uch &ore abundantly ?atered o3 the O!us and the Ka!artes < had acDuired )ro)erty ?hich only needed su)er,ision and the rudest care to re)roduce itsel3 in steadily increasing Duantities and to su))ly the &ost abundant 3ood in the 3or& o3 &il$ and &eat7 (ll 3or&er &eans o3 )rocuring 3ood no? receded into the bac$ground; hunting, 3or&erly a necessity, no? beca&e a lu!ury7 4ut to ?ho& did this ne? ?ealth belongN Originally to the gens, ?ithout a doubt7 Pri,ate )ro)erty in herds &ust ha,e already started at an early )eriod, ho?e,er7 5t is di33icult to say ?hether the author o3 the so-called 3irst boo$ o3 Moses regarded the )atriarch (braha& as the o?ner o3 his herds in his o?n right as head o3 a 3a&ily co&&unity or by right o3 his )osition as actual hereditary head o3 a gens7 What is certain is that ?e &ust not thin$ o3 hi& as a )ro)erty o?ner in the &odern sense o3 the ?ord7 (nd it is also certain that at the threshold o3 authentic history ?e already 3ind the herds e,ery?here se)arately o?ned by heads o3 3a&ilies, as are the artistic )roducts o3 barbaris& < &etal i&)le&ents, lu!ury articles and, 3inally, the hu&an cattle < the sla,es7 For no? sla,ery had also been in,ented7 'o the barbarian o3 the lo?er stage, a sla,e ?as ,alueless7 Hence the treat&ent o3 de3eated ene&ies by the (&erican 5ndians ?as Duite di33erent 3ro& that at a higher stage7 'he &en ?ere $illed or ado)ted as brothers into the tribe o3 the ,ictors; the ?o&en ?ere ta$en as ?i,es or other?ise ado)ted ?ith their sur,i,ing children7 (t this stage hu&an labor-)o?er still does not )roduce any considerable sur)lus o,er and abo,e its &aintenance costs7 'hat ?as no longer the case a3ter the introduction o3 cattle-breeding, &etal?or$ing, ?ea,ing and, lastly, agriculture7 Bust as the ?i,es ?ho& it had 3or&erly been so easy to obtain had no? acDuired an e!change ,alue and ?ere bought, so also ?ith the 3orces o3 labor, )articularly since the herds had de3initely beco&e 3a&ily )ossessions7 'he 3a&ily did not &ulti)ly so ra)idly as the cattle7 More )eo)le ?ere needed to loo$ a3ter the&; 3or this )ur)ose use could be &ade o3 the ene&ies ca)tured in ?ar, ?ho could also be bred Bust as easily as the cattle the&sel,es7 Once it had )assed into the )ri,ate )ossession o3 3a&ilies and there ra)idly begun to aug&ent, this ?ealth dealt a se,ere blo? to the society 3ounded on )airing &arriage and the &atriarchal gens7 Pairing &arriage had brought a ne? ele&ent into the 3a&ily7 4y the side o3 the natural &other o3 the child it )laced its natural and attested 3ather, ?ith a better ?arrant o3 )aternity, )robably, than that o3 &any a C3atherE today7 (ccording to the di,ision o3 labor ?ithin the 3a&ily at that ti&e, it ?as the &an;s )art to obtain 3ood and the instru&ents o3 labor necessary 3or the )ur)ose7 He there3ore also o?ned the instru&ents o3 labor, and in the e,ent o3 husband and ?i3e

9:

'he Fa&ily

se)arating, he too$ the& ?ith hi&, Bust as she retained her household goods7 'here3ore, according to the social custo& o3 the ti&e, the &an ?as also the o?ner o3 the ne? source o3 subsistence, the cattle, and later o3 the ne? instru&ents o3 labor, the sla,es7 4ut according to the custo& o3 the sa&e society, his children could not inherit 3ro& hi&7 For as regards inheritance, the )osition ?as as 3ollo?s: (t 3irst, according to &other-right < so long, there3ore, as descent ?as rec$oned only in the 3e&ale line < and according to the original custo& o3 inheritance ?ithin the gens, the gentile relati,es inherited 3ro& a deceased 3ello? &e&ber o3 their gens7 His )ro)erty had to re&ain ?ithin the gens7 His e33ects being insigni3icant, they )robably al?ays )assed in )ractice to his nearest gentile relations < that is, to his blood relations on the &otherIs side7 'he children o3 the dead &an, ho?e,er, did not belong to his gens, but to that o3 their &other; it ?as 3ro& her that they inherited, at 3irst conBointly ?ith her other blood relations, later )erha)s ?ith rights o3 )riority; they could not inherit 3ro& their 3ather, because they did not belong to his gens, ?ithin ?hich his )ro)erty had to re&ain7 When the o?ner o3 the herds died, there3ore, his herds ?ould go 3irst to his brothers and sisters and to his sister;s children, or to the issue o3 his &other;s sisters7 4ut his o?n children ?ere disinherited7 'hus, on the one hand, in )ro)ortion as ?ealth increased, it &ade the &an;s )osition in the 3a&ily &ore i&)ortant than the ?o&an;s, and on the other hand created an i&)ulse to e!)loit this strengthened )osition in order to o,erthro?, in 3a,or o3 his children, the traditional order o3 inheritance7 'his, ho?e,er, ?as i&)ossible so long as descent ?as rec$oned according to &otherright7 Mother-right, there3ore, had to be o,erthro?n, and o,erthro?n it ?as7 'his ?as by no &eans so di33icult as it loo$s to us today7 For this re,olution < one o3 the &ost decisi,e e,er e!)erienced by hu&anity < could ta$e )lace ?ithout disturbing a single one o3 the li,ing &e&bers o3 a gens7 (ll could re&ain as they ?ere7 ( si&)le decree su33iced that in the 3uture the o33s)ring o3 the &ale &e&bers should re&ain ?ithin the gens, but that o3 the 3e&ale should be e!cluded by being trans3erred to the gens o3 their 3ather7 'he rec$oning o3 descent in the 3e&ale line and the &atriarchal la? o3 inheritance ?ere thereby o,erthro?n, and the &ale line o3 descent and the )aternal la? o3 inheritance ?ere substituted 3or the&7 (s to ho? and ?hen this re,olution too$ )lace a&ong ci,ili1ed )eo)les, ?e ha,e no $no?ledge7 5t 3alls entirely ?ithin )rehistoric ti&es7 4ut that it did ta$e )lace is &ore than su33iciently )ro,ed by the abundant traces o3 &otherright ?hich ha,e been collected, )articularly by 4acho3en7 Ho? easily it is acco&)lished can be seen in a ?hole series o3 (&erican 5ndian tribes, ?here it has only recently ta$en )lace and is still ta$ing )lace under the in3luence, )artly o3 increasing ?ealth and a changed &ode o3 li3e 6trans3erence 3ro& 3orest to )rairie8, and )artly o3 the &oral )ressure o3 ci,ili1ation and &issionaries7 O3 eight Missouri tribes, si! obser,e the &ale line o3 descent and inheritance, t?o still obser,e the 3e&ale7 (&ong the ha?nees, Mia&is and 0ela?ares the custo& has gro?n u) o3 gi,ing the children a gentile na&e o3 their 3atherIs gens in order to trans3er the& into it, thus enabling the& to inherit 3ro& hi&7
ManEs innate casuistryO 'o change things by changing their na&esO (nd to 3ind loo)holes 3or ,iolating tradition ?hile &aintaining tradition, ?hen direct interest su))lied su33icient i&)ulse7 6Mar!78

'he result ?as ho)eless con3usion, ?hich could only be re&edied and to a certain e!tent ?as re&edied by the transition to 3ather-right7 C5n general, this see&s to be the &ost natural transition7E 6Mar!78 For the theories )ro33ered by co&)arati,e Buris)rudence regarding the &anner in ?hich this change ?as e33ected a&ong the ci,ili1ed )eo)les o3 the Old World < though they are al&ost )ure hy)otheses see M7 Fo,ale,s$y, Ta1lea de# origine# et de l2evol tion de la famille et de la propriete7 toc$hol&, 18*:7 'he o,erthro? o3 &other-right ?as the ?orld historical de3eat o3 the 3e&ale se!7 'he &an too$ co&&and in the ho&e also; the ?o&an ?as degraded and reduced to ser,itude, she beca&e the sla,e o3 his lust and a &ere instru&ent 3or the )roduction o3 children7 'his degraded )osition o3

91

'he Fa&ily

the ?o&an, es)ecially cons)icuous a&ong the -ree$s o3 the heroic and still &ore o3 the classical age, has gradually been )alliated and glo1ed o,er, and so&eti&es clothed in a &ilder 3or&; in no sense has it been abolished7
'he establish&ent o3 the e!clusi,e su)re&acy o3 the &an sho?s its e33ects 3irst in the )atriarchal 3a&ily, ?hich no? e&erges as an inter&ediate 3or&7 5ts essential characteristic is not )olygyny, o3 ?hich &ore later, but Cthe organi1ation o3 a nu&ber o3 )ersons, bond and 3ree, into a 3a&ily, under )aternal )o?er, 3or the )ur)ose o3 holding lands, and 3or the care o3 3loc$s and herds7777 65n the e&itic 3or&8 the chie3s, at least, li,ed in )olyga&y7777 'hose held to ser,itude, and those e&)loyed as ser,ants, li,ed in the &arriage relation7E "Morgan, op. cit., p. 6 &

5ts essential 3eatures are the incor)oration o3 un3ree )ersons, and )aternal )o?er; hence the )er3ect ty)e o3 this 3or& o3 3a&ily is the Ao&an7 'he original &eaning o3 the ?ord C3a&ilyE 63a&ilia8 is not that co&)ound o3 senti&entality and do&estic stri3e ?hich 3or&s the ideal o3 the )resent-day )hilistine; a&ong the Ao&ans it did not at 3irst e,en re3er to the &arried )air and their children, but only to the sla,es7 Fa&ulus &eans do&estic sla,e, and 3a&ilia is the total nu&ber o3 sla,es belonging to one &an7 (s late as the ti&e o3 -aius, the 3a&ilia, id est )atri&oniu& 63a&ily, that is, the )atri&ony, the inheritance8 ?as beDueathed by ?ill7 'he ter& ?as in,ented by the Ao&ans to denote a ne? social organis&, ?hose head ruled o,er ?i3e and children and a nu&ber o3 sla,es, and ?as in,ested under Ao&an )aternal )o?er ?ith rights o3 li3e and death o,er the& all7
'his ter&, there3ore, is no older than the iron-clad 3a&ily syste& o3 the >atin tribes, ?hich ca&e in a3ter 3ield agriculture and a3ter legali1ed ser,itude, as ?ell as a3ter the se)aration o3 -ree$s and >atins7 "Morgan, -p. cit., p. 68&

Mar! adds:
'he &odern 3a&ily contains in ger& not only sla,ery 6ser,itus8, but also ser3do&, since 3ro& the beginning it is related to agricultural ser,ices7 5t contains in &iniature all the contradictions ?hich later e!tend throughout society and its state7

uch a 3or& o3 3a&ily sho?s the transition o3 the )airing 3a&ily to &onoga&y7 5n order to &a$e certain o3 the ?i3e;s 3idelity and there3ore o3 the )aternity o3 the children, she is deli,ered o,er unconditionally into the )o?er o3 the husband; i3 he $ills her, he is only e!ercising his rights7 With the )atriarchal 3a&ily, ?e enter the 3ield o3 ?ritten history a 3ield ?here co&)arati,e Buris)rudence can gi,e ,aluable hel)7 (nd it has in 3act brought an i&)ortant ad,ance in our $no?ledge7 We o?e to Ma!i& Fo,ale,s$y 6 Ta1lea etc3 de la mine et de propriete , toc$hol&, 18*:, ))7 2:-1::8, the )roo3 that the )atriarchal household co&&unity, as ?e still 3ind it today a&ong the erbs and the 4ulgars under the na&e o3 1adruga 6?hich &ay be roughly translated Cbond o3 3riendshi)E8 or bratst,o 6brotherhood8, and in a &odi3ied 3or& a&ong the Oriental )eo)les, 3or&ed the transitional stage bet?een the &atriarchal 3a&ily deri,ing 3ro& grou) &arriage and the single 3a&ily o3 the &odern ?orld7 For the ci,ili1ed )eo)les o3 the Old World, 3or the (ryans and e&ites at any rate, this see&s to be established7 'he outhern la, 1adruga )ro,ides the best instance o3 such a 3a&ily co&&unity still in actual e!istence7 5t co&)rises se,eral generations o3 the descendants o3 one 3ather, together ?ith their ?i,es, ?ho all li,e together in one ho&estead, culti,ate their 3ields in co&&on, 3eed and clothe the&sel,es 3ro& a co&&on stoc$, and )ossess in co&&on the sur)lus 3ro& their labor7 'he co&&unity is under the su)re&e direction o3 the head o3 the house 6do&acin8, ?ho acts as its re)resentati,e outside, has the right to sell &inor obBects, and controls the 3unds, 3or ?hich, as 3or the regular organi1ation o3 business, he is res)onsible7 He is elected, and it is not at all necessary

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that he should be the oldest in the co&&unity7 'he ?o&en and their ?or$ are under the control o3 the &istress o3 the house 6do&acica8, ?ho is generally the ?i3e o3 the do&acin7 he also has an i&)ortant and o3ten a decisi,e ,oice in the choice o3 husbands 3or the girls7 u)re&e )o?er rests, ho?e,er, ?ith the 3a&ily council, the asse&bly o3 all the adult &e&bers o3 the household, ?o&en as ?ell as &en7 'o this asse&bly the &aster o3 the house renders account; it ta$es all i&)ortant decisions, e!ercises Burisdiction o,er the &e&bers, decides on sales and )urchases o3 any i&)ortance, es)ecially o3 land and so on7 5t is only ?ithin the last ten years or so that such great 3a&ily co&&unities ha,e been )ro,ed to be still in e!istence in Aussia; it is no? generally recogni1ed that they are as 3ir&ly rooted in the custo&s o3 the Aussian )eo)le as the obshchina or ,illage co&&unity7 'hey a))ear in the oldest Aussian code o3 la?s, the Pra,da o3 Larosla,, under the sa&e na&e as in the 0al&atian la?s 6,er,B8, and re3erences to the& can also be traced in Polish and H1ech historical sources7 (&ong the -er&ans also, according to Heusler 6 !n#tit tionen de# de t#chen Recht#8, the econo&ic unit ?as originally not the single 3a&ily in the &odern sense, but the Chouse co&&unity,E ?hich consisted o3 se,eral generations or se,eral single 3a&ilies, and o3ten enough included un3ree )ersons as ?ell7 'he Ao&an 3a&ily is no? also considered to ha,e originated 3ro& this ty)e, and conseDuently the absolute )o?er o3 the 3ather o3 the house, and the co&)lete absence o3 rights a&ong the other &e&bers o3 the 3a&ily in relation to hi&, ha,e recently been strongly Duestioned7 5t is su))osed that si&ilar 3a&ily co&&unities also e!isted a&ong the Helts in 5reland; in France, under the na&e o3 )arconneries, they sur,i,ed in Gi,ernais until the French Ae,olution, and in the Franche Ho&te they ha,e not co&)letely died out e,en today .1884/7 5n the district o3 >ouhans 6 aone et >oire8 large )easant houses can be seen in ?hich li,e se,eral generations o3 the sa&e 3a&ily; the house has a lo3ty co&&on hall reaching to the roo3, and surrounding it the slee)ing-roo&s, to ?hich stairs o3 si! or eight ste)s gi,e access7 5n 5ndia, the household co&&unity ?ith co&&on culti,ation o3 the land is already &entioned by Gearchus in the ti&e o3 (le!ander the -reat, and it still e!ists today in the sa&e region, in the PunBab and the ?hole o3 north?est 5ndia7 Fo,ale,s$y ?as hi&sel3 able to )ro,e its e!istence in the Haucasus7 5n (lgeria it sur,i,es a&ong the Fabyles7 5t is su))osed to ha,e occurred e,en in (&erica, and the cal)ullis ?hich Zurita describes in old Me!ico ha,e been identi3ied ?ith it; on the other hand, Huno? has )ro,ed 3airly clearly 6in the Bournal A #land, 18*:, Gos7 4+-448 that in Peru at the ti&e o3 the conDuest there ?as a 3or& o3 constitution based on &ar$s 6called, curiously enough, &arca8, ?ith )eriodical allot&ent o3 arable land and conseDuently ?ith indi,idual tillage7 5n any case, the )atriarchal household co&&unity ?ith co&&on o?nershi) and co&&on culti,ation o3 the land no? assu&es an entirely di33erent signi3icance than hitherto7 We can no longer doubt the i&)ortant )art it )layed, as a transitional 3or& bet?een the &atriarchal 3a&ily and the single 3a&ily, a&ong ci,ili1ed and other )eo)les o3 the Old World7 >ater ?e ?ill return to the 3urther conclusion dra?n by Fo,ale,s$y that it ?as also the transitional 3or& out o3 ?hich de,elo)ed the ,illage, or &ar$, co&&unity ?ith indi,idual tillage and the allot&ent, 3irst )eriodical and then )er&anent, o3 arable and )asture land7 With regard to the 3a&ily li3e ?ithin these co&&unities, it &ust be obser,ed that at any rate in Aussia the &aster o3 the house has a re)utation 3or ,iolently abusing his )osition to?ards the younger ?o&en o3 the co&&unity, es)ecially his daughters-in-la?, ?ho& he o3ten con,erts into his hare&; the Aussian 3ol$-songs ha,e &ore than a little to say about this7 4e3ore ?e go on to &onoga&y, ?hich de,elo)ed ra)idly ?ith the o,erthro? o3 &other-right, a 3e? ?ords about )olygyny and )olyandry7 4oth 3or&s can only be e!ce)tions, historical lu!ury )roducts, as it ?ere, unless they occur side by side in the sa&e country, ?hich is, o3 course, not the case7 (s the &en e!cluded 3ro& )olygyny cannot console the&sel,es ?ith the ?o&en le3t o,er 3ro& )olyandry, and as hitherto, regardless o3 social institutions, the nu&ber o3 &en and ?o&en has been 3airly eDual, it is ob,iously i&)ossible 3or either o3 these 3or&s o3 &arriage to be ele,ated to the general 3or&7 Polygyny on the )art o3 one indi,idual &an ?as, in 3act,

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ob,iously a )roduct o3 sla,ery and con3ined to a 3e? )eo)le in e!ce)tional )ositions7 5n the e&itic )atriarchal 3a&ily it ?as only the )atriarch hi&sel3, and a 3e? o3 his sons at &ost, ?ho li,ed in )olygyny; the rest had to content the&sel,es ?ith one ?i3e7 'his still holds throughout the ?hole o3 the Orient; )olygyny is the )ri,ilege o3 the ?ealthy and o3 the nobility, the ?o&en being recruited chie3ly through )urchase as sla,es; the &ass o3 the )eo)le li,e in &onoga&y7 ( si&ilar e!ce)tion is the )olyandry o3 5ndia and 'ibet, the origin o3 ?hich in grou) &arriage reDuires closer e!a&ination and ?ould certainly )ro,e interesting7 5t see&s to be &uch &ore easy-going in )ractice than the Bealous hare&s o3 the Moha&&edans7 (t any rate, a&ong the Gairs in 5ndia, ?here three or 3our &en ha,e a ?i3e in co&&on, each o3 the& can ha,e a second ?i3e in co&&on ?ith another three or &ore &en, and si&ilarly a third and a 3ourth and so on7 5t is a ?onder that Mc>ennan did not disco,er in these &arriage clubs, to se,eral o3 ?hich one could belong and ?hich he hi&sel3 describes, a ne? class o3 club &arriageO 'his &arriage-club syste&, ho?e,er, is not real )olyandry at all; on the contrary, as -iraud-'eulon has already )ointed out, it is a s)eciali1ed 3or& o3 grou) &arriage; the &en li,e in )olygyny, the ?o&en in )olyandry7

4. "he %onogamo$s Family

5t de,elo)s out o3 the )airing 3a&ily, as )re,iously sho?n, in the transitional )eriod bet?een the u))er and &iddle stages o3 barbaris&; its decisi,e ,ictory is one o3 the signs that ci,ili1ation is beginning7 5t is based on the su)re&acy o3 the &an, the e!)ress )ur)ose being to )roduce children o3 undis)uted )aternity; such )aternity is de&anded because these children are later to co&e into their 3ather;s )ro)erty as his natural heirs7 5t is distinguished 3ro& )airing &arriage by the &uch greater strength o3 the &arriage tie, ?hich can no longer be dissol,ed at either )artner;s ?ish7 (s a rule, it is no? only the &an ?ho can dissol,e it, and )ut a?ay his ?i3e7 'he right o3 conBugal in3idelity also re&ains secured to hi&, at any rate by custo& 6the Hode Ga)oleon e!)licitly accords it to the husband as long as he does not bring his concubine into the house8, and as social li3e de,elo)s he e!ercises his right &ore and &ore; should the ?i3e recall the old 3or& o3 se!ual li3e and atte&)t to re,i,e it, she is )unished &ore se,erely than e,er7 We &eet this ne? 3or& o3 the 3a&ily in all its se,erity a&ong the -ree$s7 While the )osition o3 the goddesses in their &ythology, as Mar! )oints out, brings be3ore us an earlier )eriod ?hen the )osition o3 ?o&en ?as 3reer and &ore res)ected, in the heroic age ?e 3ind the ?o&an already being hu&iliated by the do&ination o3 the &an and by co&)etition 3ro& girl sla,es7 Gote ho? 'ele&achus in the Odyssey silences his &other7 .'he re3erence is to a )assage ?here 'ele&achus, son o3 Odysseus and Penelo)e, tells his &other to get on ?ith her ?ea,ing and lea,e the &en to &ind their o?n business < #d7/ 5n Ho&er young ?o&en are booty and are handed o,er to the )leasure o3 the conDuerors, the handso&est being )ic$ed by the co&&anders in order o3 ran$; the entire 5liad, it ?ill be re&e&bered, turns on the Duarrel o3 (chilles and (ga&e&non o,er one o3 these sla,es7 53 a hero is o3 any i&)ortance, Ho&er also &entions the ca)ti,e girl ?ith ?ho& he shares his tent and his bed7 'hese girls ?ere also ta$en bac$ to -reece and brought under the sa&e roo3 as the ?i3e, as Hassandra ?as brought by (ga&e&non in (#schylus; the sons begotten o3 the& recei,ed a s&all share o3 the )aternal inheritance and had the 3ull status o3 3ree&en7 'eucer, 3or instance, is a natural son o3 'ela&on by one o3 these sla,es and has the right to use his 3ather;s na&e7 'he legiti&ate ?i3e ?as e!)ected to )ut u) ?ith all this, but hersel3 to re&ain strictly chaste and 3aith3ul7 5n the heroic age a -ree$ ?o&an is, indeed, &ore res)ected than in the )eriod o3 ci,ili1ation, but to her husband she is a3ter all nothing but the &other o3 his legiti&ate children and heirs, his chie3 house$ee)er and the su)er,isor o3 his 3e&ale sla,es, ?ho& he can and does ta$e as concubines i3 he so 3ancies7 5t is the e!istence o3 sla,ery side by side ?ith &onoga&y, the )resence o3 young, beauti3ul sla,es belonging unreser,edly to the &an, that sta&)s &onoga&y 3ro& the ,ery beginning ?ith its s)eci3ic character o3 &onoga&y 3or the ?o&an only, but not 3or the &an7 (nd that is the character it still has today7

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Ho&ing to the later -ree$s, ?e &ust distinguish bet?een 0orians and 5onians7 (&ong the 3or&er < )arta is the classic e!a&)le < &arriage relations are in so&e ?ays still &ore archaic than e,en in Ho&er7 'he recogni1ed 3or& o3 &arriage in )arta ?as a )airing &arriage, &odi3ied according to the )artan conce)tions o3 the state, in ?hich there still sur,i,ed ,estiges o3 grou) &arriage7 Hhildless &arriages ?ere dissol,ed; Fing (na!andridas 6about 2J: 47H78, ?hose 3irst ?i3e ?as childless, too$ a second and $e)t t?o households; about the sa&e ti&e, Fing (riston, ?ho had t?o un3ruit3ul ?i,es, too$ a third, but dis&issed one o3 the other t?o7 On the other hand, se,eral brothers could ha,e a ?i3e in co&&on; a 3riend ?ho )re3erred his 3riend;s ?i3e could share her ?ith hi&; and it ?as considered Duite )ro)er to )lace one;s ?i3e at the dis)osal o3 a sturdy Cstallion,E as 4is&arc$ ?ould say, e,en i3 he ?as not a citi1en7 ( )assage in Plutarch, ?here a )artan ?o&an re3ers an i&)ortunate ?ooer to her husband, see&s to indicate, according to cha&ann, e,en greater 3reedo&7 Aeal adultery, secret in3idelity by the ?o&an ?ithout the husband;s $no?ledge, ?as there3ore unheard o37 On the other hand, do&estic sla,ery ?as un$no?n in )arta, at least during its best )eriod; the un3ree helots ?ere segregated on the estates and the )artans ?ere there3ore less te&)ted to ta$e the helots; ?i,es7 5ne,itably in these conditions ?o&en held a &uch &ore honored )osition in )arta than any?here else in -reece7 'he )artan ?o&en and the elite o3 the (thenian hetairai are the only -ree$ ?o&en o3 ?ho& the ancients s)ea$ ?ith res)ect and ?hose ?ords they thought it ?orth ?hile to record7 'he )osition is Duite di33erent a&ong the 5onians; here (thens is ty)ical7 -irls only learned s)inning, ?ea,ing, and se?ing, and at &ost a little reading and ?riting7 'hey li,ed &ore or less behind loc$ed doors and had no co&)any e!ce)t other ?o&en7 'he ?o&en;s a)art&ents 3or&ed a se)arate )art o3 the house, on the u))er 3loor or at the bac$, ?here &en, es)ecially strangers, could not easily enter, and to ?hich the ?o&en retired ?hen &en ,isited the house7 'hey ne,er ?ent out ?ithout being acco&)anied by a 3e&ale sla,e; indoors they ?ere $e)t under regular guard7 (risto)hanes s)ea$s o3 Molossian dogs $e)t to 3righten a?ay adulterers, and, at any rate in the (siatic to?ns, eunuchs ?ere e&)loyed to $ee) ?atch o,er the ?o&en-&a$ing and e!)orting eunuchs ?as an industry in Hhios as early as Herodotus; ti&e, and, according to Wachs&uth, it ?as not only the barbarians ?ho bought the su))ly7 5n #uri)ides a ?o&an is called an oi$oure&a, a thing 6the ?ord is neuter8 3or loo$ing a3ter the house, and, a)art 3ro& her business o3 bearing children, that ?as all she ?as 3or the (thenian < his chie3 3e&ale do&estic ser,ant7 'he &an had his athletics and his )ublic business, 3ro& ?hich ?o&en ?ere barred; in addition, he o3ten had 3e&ale sla,es at his dis)osal and during the &ost 3lourishing days o3 (thens an e!tensi,e syste& o3 )rostitution ?hich the state at least 3a,ored7 5t ?as )recisely through this syste& o3 )rostitution that the only -ree$ ?o&en o3 )ersonality ?ere able to de,elo), and to acDuire that intellectual and artistic culture by ?hich they stand out as high abo,e the general le,el o3 classical ?o&anhood as the )artan ?o&en by their Dualities o3 character7 4ut that a ?o&an had to be a hetaira be3ore she could be a ?o&an is the ?orst conde&nation o3 the (thenian 3a&ily7 'his (thenian 3a&ily beca&e in ti&e the acce)ted &odel 3or do&estic relations, not only a&ong the 5onians, but to an increasing e!tent a&ong all the -ree$s o3 the &ainland and colonies also7 4ut, in s)ite o3 loc$s and guards, -ree$ ?o&en 3ound )lenty o3 o))ortunity 3or decei,ing their husbands7 'he &en, ?ho ?ould ha,e been asha&ed to sho? any lo,e 3or their ?i,es, a&used the&sel,es by all sorts o3 lo,e a33airs ?ith hetairai; but this degradation o3 the ?o&en ?as a,enged on the &en and degraded the& also, till they 3ell into the abo&inable )ractice o3 sodo&y and degraded ali$e their gods and the&sel,es ?ith the &yth o3 -any&ede7 'his is the origin o3 &onoga&y as 3ar as ?e can trace it bac$ a&ong the &ost ci,ili1ed and highly de,elo)ed )eo)le o3 antiDuity7 5t ?as not in any ?ay the 3ruit o3 indi,idual se!-lo,e, ?ith ?hich it had nothing ?hate,er to do; &arriages re&ained as be3ore &arriages o3 con,enience7 5t ?as the 3irst 3or& o3 the 3a&ily to be based, not on natural, but on econo&ic conditions < on the ,ictory o3 )ri,ate )ro)erty o,er )ri&iti,e, natural co&&unal )ro)erty7 'he -ree$s the&sel,es )ut the &atter Duite 3ran$ly: the sole e!clusi,e ai&s o3 &onoga&ous &arriage ?ere to &a$e the &an

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su)re&e in the 3a&ily, and to )ro)agate, as the 3uture heirs to his ?ealth, children indis)utably his o?n7 Other?ise, &arriage ?as a burden, a duty ?hich had to be )er3or&ed, ?hether one li$ed it or not, to gods, state, and one;s ancestors7 5n (thens the la? e!acted 3ro& the &an not only &arriage but also the )er3or&ance o3 a &ini&u& o3 so-called conBugal duties7 'hus ?hen &onoga&ous &arriage 3irst &a$es its a))earance in history, it is not as the reconciliation o3 &an and ?o&an, still less as the highest 3or& o3 such a reconciliation7 Quite the contrary7 Monoga&ous &arriage co&es on the scene as the subBugation o3 the one se! by the other; it announces a struggle bet?een the se!es un$no?n throughout the ?hole )re,ious )rehistoric )eriod7 5n an old un)ublished &anuscri)t, ?ritten by Mar! and &ysel3 in 1842, .'he re3erence here is to the -er&an 5deology, )ublished a3ter #ngels; death < #d7/ 5 3ind the ?ords: C'he 3irst di,ision o3 labor is that bet?een &an and ?o&an 3or the )ro)agation o3 children7E (nd today 5 can add: 'he 3irst class o))osition that a))ears in history coincides ?ith the de,elo)&ent o3 the antagonis& bet?een &an and ?o&an in &onoga&ous &arriage, and the 3irst class o))ression coincides ?ith that o3 the 3e&ale se! by the &ale7 Monoga&ous &arriage ?as a great historical ste) 3or?ard; ne,ertheless, together ?ith sla,ery and )ri,ate ?ealth, it o)ens the )eriod that has lasted until today in ?hich e,ery ste) 3or?ard is also relati,ely a ste) bac$?ard, in ?hich )ros)erity and de,elo)&ent 3or so&e is ?on through the &isery and 3rustration o3 others7 5t is the cellular 3or& o3 ci,ili1ed society, in ?hich the nature o3 the o))ositions and contradictions 3ully acti,e in that society can be already studied7 'he old co&)arati,e 3reedo& o3 se!ual intercourse by no &eans disa))eared ?ith the ,ictory o3 )airing &arriage or e,en o3 &onoga&ous &arriage:
'he old conBugal syste&, no? reduced to narro?er li&its by the gradual disa))earance o3 the )unaluan grou)s, still en,ironed the ad,ancing 3a&ily, ?hich it ?as to 3ollo? to the ,erge o3 ci,ili1ation7777 5t 3inally disa))eared in the ne? 3or& o3 hetaeris&, ?hich still 3ollo?s &an$ind in ci,ili1ation as a dar$ shado? u)on the 3a&ily7 "Morgan, op. cit., p. /11 ' %d.&

4y Chetaeris&E Morgan understands the )ractice, co-e!istent ?ith &onoga&ous &arriage, o3 se!ual intercourse bet?een &en and un&arried ?o&en outside &arriage, ?hich, as ?e $no?, 3lourishes in the &ost ,aried 3or&s throughout the ?hole )eriod o3 ci,ili1ation and de,elo)s &ore and &ore into o)en )rostitution7 'his hetaeris& deri,es Duite directly 3ro& grou) &arriage, 3ro& the cere&onial surrender by ?hich ?o&en )urchased the right o3 chastity7 urrender 3or &oney ?as at 3irst a religious act; it too$ )lace in the te&)le o3 the goddess o3 lo,e, and the &oney originally ?ent into the te&)le treasury7 'he te&)le sla,es o3 (naitis in (r&enia and o3 ()hrodite in Horinth, li$e the sacred dancing-girls attached to the te&)les o3 5ndia, the so-called bayaderes 6the ?ord is a corru)tion o3 the Portuguese ?ord bailadeira, &eaning 3e&ale dancer8, ?ere the 3irst )rostitutes7 Originally the duty o3 e,ery ?o&an, this surrender ?as later )er3or&ed by these )riestesses alone as re)resentati,es o3 all other ?o&en7 (&ong other )eo)les, hetaeris& deri,es 3ro& the se!ual 3reedo& allo?ed to girls be3ore &arriage < again, there3ore, a relic o3 grou) &arriage, but handed do?n in a di33erent ?ay7 With the rise o3 the ineDuality o3 )ro)erty < already at the u))er stage o3 barbaris&, there3ore < ?age-labor a))ears s)oradically side by side ?ith sla,e labor, and at the sa&e ti&e, as its necessary correlate, the )ro3essional )rostitution o3 3ree ?o&en side by side ?ith the 3orced surrender o3 the sla,e7 'hus the heritage ?hich grou) &arriage has beDueathed to ci,ili1ation is double-edged, Bust as e,erything ci,ili1ation brings 3orth is double-edged, double-tongued, di,ided against itsel3, contradictory: here &onoga&y, there hetaeris&, ?ith its &ost e!tre&e 3or&, )rostitution7 For hetaeris& is as &uch a social institution as any other; it continues the old se!ual 3reedo& < to the ad,antage o3 the &en7 (ctually not &erely tolerated, but gaily )racticed, by the ruling classes )articularly, it is conde&ned in ?ords7 4ut in reality this conde&nation ne,er 3alls on the &en concerned, but only on the ?o&en; they are des)ised and outcast, in order that the unconditional su)re&acy o3 &en o,er the 3e&ale se! &ay be once &ore )roclai&ed as a 3unda&ental la? o3 society7

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4ut a second contradiction thus de,elo)s ?ithin &onoga&ous &arriage itsel37 (t the side o3 the husband ?ho e&bellishes his e!istence ?ith hetaeris& stands the neglected ?i3e7 (nd one cannot ha,e one side o3 this contradiction ?ithout the other, any &ore than a &an has a ?hole a))le in his hand a3ter eating hal37 4ut that see&s to ha,e been the husbands; notion, until their ?i,es taught the& better7 With &onoga&ous &arriage, t?o constant social ty)es, un$no?n hitherto, &a$e their a))earance on the scene < the ?i3e;s attendant lo,er and the cuc$old husband7 'he husbands had ?on the ,ictory o,er the ?i,es, but the ,anDuished &agnani&ously )ro,ided the cro?n7 'ogether ?ith &onoga&ous &arriage and hetaeris&, adultery beca&e an una,oidable social institution < denounced, se,erely )enali1ed, but i&)ossible to su))ress7 (t best, the certain )aternity o3 the children rested on &oral con,iction as be3ore, and to sol,e the insoluble contradiction the Hode Ga)oleon, (rt- 91+, decreed: C>;en3ant con3u )endant le &arriage a )our )ere le &ari,E the 3ather o3 a child concei,ed during &arriage is-the husband7 uch is the 3inal result o3 three thousand years o3 &onoga&ous &arriage7 'hus, ?here,er the &onoga&ous 3a&ily re&ains true to its historical origin and clearly re,eals the antagonis& bet?een the &an and the ?o&an e!)ressed in the &an;s e!clusi,e su)re&acy, it e!hibits in &iniature the sa&e o))ositions and contradictions as those in ?hich society has been &o,ing, ?ithout )o?er to resol,e or o,erco&e the&, e,er since it s)lit into classes at the beginning o3 ci,ili1ation7 5 a& s)ea$ing here, o3 course, only o3 those cases o3 &onoga&ous &arriage ?here &atri&onial li3e actually )roceeds according to the original character o3 the ?hole institution, but ?here the ?i3e rebels against the husband;s su)re&acy7 Got all &arriages turn out thus, as nobody $no?s better than the -er&an )hilistine, ?ho can no &ore assert his rule in the ho&e than he can in the state, and ?hose ?i3e, ?ith e,ery right, ?ears the trousers he is un?orthy o37 4ut, to &a$e u) 3or it, he considers hi&sel3 3ar abo,e his French co&)anion in &is3ortune, to ?ho&, o3tener than to hi&, so&ething &uch ?orse ha))ens7 Ho?e,er, &onoga&ous &arriage did not by any &eans a))ear al?ays and e,ery?here in the classically harsh 3or& it too$ a&ong the -ree$s7 (&ong the Ao&ans, ?ho, as 3uture ?orldconDuerors, had a larger, i3 a less 3ine, ,ision than the -ree$s, ?o&en ?ere 3reer and &ore res)ected7 ( Ao&an considered that his )o?er o3 li3e and death o,er his ?i3e su33iciently guaranteed her conBugal 3idelity7 Here, &oreo,er, the ?i3e eDually ?ith the husband could dissol,e the &arriage at ?ill7 4ut the greatest )rogress in the de,elo)&ent o3 indi,idual &arriage certainly ca&e ?ith the entry o3 the -er&ans into history, and 3or the reason that the -er&an < on account o3 their )o,erty, ,ery )robably < ?ere still at a stage ?here &onoga&y see&s not yet to ha,e beco&e )er3ectly distinct 3ro& )airing &arriage7 We in3er this 3ro& three 3acts &entioned by 'acitus7 First, though &arriage ?as held in great re,erence < Cthey content the&sel,es ?ith one ?i3e, the ?o&en li,e hedged round ?ith chastity;E < )olyga&y ?as the rule 3or the distinguished &e&bers and the leaders o3 the tribe, a condition o3 things si&ilar to that a&ong the (&ericans, ?here )airing &arriage ?as the rule7 econdly, the transition 3ro& &other-right to 3ather-right could only ha,e been &ade a short ti&e )re,iously, 3or the brother on the &other;s side -the nearest gentile &ale relation according to &other-right <?as still considered al&ost closer o3 $in than the 3ather, corres)onding again to the stand)oint o3 the (&erican 5ndians, a&ong ?ho& Mar!, as he o3ten said, 3ound the $ey to the understanding o3 our o?n )ri&iti,e age7 (nd, thirdly, ?o&en ?ere greatly res)ected a&ong the -er&ans, and also in3luential in )ublic a33airs, ?hich is in direct contradiction to the su)re&acy o3 &en in &onoga&y7 5n al&ost all these )oints the -er&ans agree ?ith the )artans, a&ong ?ho& also, as ?e sa?, )airing &arriage had not yet been co&)letely o,erco&e7 'hus, here again an entirely ne? in3luence ca&e to )o?er in the ?orld ?ith the -er&ans7 'he ne? &onoga&y, ?hich no? de,elo)ed 3ro& the &ingling o3 )eo)les a&id the ruins o3 the Ao&an ?orld, clothed the su)re&acy o3 the &en in &ilder 3or&s and ga,e ?o&en a )osition ?hich, out?ardly at any rate, ?as &uch &ore 3ree and res)ected than it had e,er been in classical antiDuity7 Only no? ?ere the conditions reali1ed in ?hich through &onoga&y-?ithin it, )arallel to it, or in o))osition to it, as the case &ight be-the

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greatest &oral ad,ance ?e o?e to it could be achie,ed: &odern indi,idual se!-lo,e, ?hich had hitherto been un$no?n to the entire ?orld7 'his ad,ance, ho?e,er, undoubtedly s)rang 3ro& the 3act that the -er&ans still li,ed in )airing 3a&ilies and gra3ted the corres)onding )osition o3 ?o&en onto the &onoga&ous syste&, so 3ar as that ?as )ossible7 5t &ost decidedly did not s)ring 3ro& the legendary ,irtue and ?onder3ul &oral )urity o3 the -er&an character, ?hich ?as nothing &ore than the 3reedo& o3 the )airing 3a&ily 3ro& the crying &oral contradictions o3 &onoga&y7 On the contrary, in the course o3 their &igrations the -er&ans had &orally &uch deteriorated, )articularly during their southeasterly ?anderings a&ong the no&ads o3 the 4lac$ ea ste))es, 3ro& ?ho& they acDuired, not only eDuestrian s$ill, but also gross, unnatural ,ices, as (&&ianus e!)ressly states o3 the 'ai3alians and Proco)ius o3 the Herulians7 4ut i3 &onoga&y ?as the only one o3 all the $no?n 3or&s o3 the 3a&ily through ?hich &odern se!-lo,e could de,elo), that does not &ean that ?ithin &onoga&y &odern se!ual lo,e de,elo)ed e!clusi,ely or e,en chie3ly as the lo,e o3 husband and ?i3e 3or each other7 'hat ?as )recluded by the ,ery nature o3 strictly &onoga&ous &arriage under the rule o3 the &an7 (&ong all historically acti,e classes-that is, a&ong all ruling classes-&atri&ony re&ained ?hat it had been since the )airing &arriage, a &atter o3 con,enience ?hich ?as arranged by the )arents7 'he 3irst historical 3or& o3 se!ual lo,e as )assion, a )assion recogni1ed as natural to all hu&an beings 6at least i3 they belonged to the ruling classes8, and as the highest 3or& o3 the se!ual i&)ulse-and that is ?hat constitutes its s)eci3ic character-this 3irst 3or& o3 indi,idual se!ual lo,e, the chi,alrous lo,e o3 the &iddle ages, ?as by no &eans conBugal7 Quite the contrary7 5n its classic 3or& a&ong the Pro,enRals, it heads straight 3or adultery, and the )oets o3 lo,e celebrated adultery7 'he 3lo?er o3 Pro,enRal lo,e )oetry are the (lbas 6aubades, songs o3 da?n87 'hey describe in glo?ing colors ho? the $night lies in bed beside his lo,e-the ?i3e o3 another &an-?hile outside stands the ?atch&an ?ho calls to hi& as soon as the 3irst gray o3 da?n 6alba8 a))ears, so that he can get a?ay unobser,ed; the )arting scene then 3or&s the cli&a! o3 the )oe&7 'he northern French and also the ?orthy -er&ans ado)ted this $ind o3 )oetry together ?ith the corres)onding 3ashion o3 chi,alrous lo,e; old Wol3ra& o3 #schenbach has le3t us three ?onder3ully beauti3ul songs o3 da?n on this sa&e i&)ro)er subBect, ?hich 5 li$e better than his three long heroic )oe&s7 Go?adays there are t?o ?ays o3 concluding a bourgeois &arriage7 5n Hatholic countries the )arents, as be3ore, )rocure a suitable ?i3e 3or their young bourgeois son, and the conseDuence is, o3 course, the 3ullest de,elo)&ent o3 the contradiction inherent in &onoga&y: the husband abandons hi&sel3 to hetaeris& and the ?i3e to adultery7 Probably the only reason ?hy the Hatholic Hhurch abolished di,orce ?as because it had con,inced itsel3 that there is no &ore a cure 3or adultery than there is 3or death7 5n Protestant countries, on the other hand, the rule is that the son o3 a bourgeois 3a&ily is allo?ed to choose a ?i3e 3ro& his o?n class ?ith &ore or less 3reedo&; hence there &ay be a certain ele&ent o3 lo,e in the &arriage, as, indeed, in accordance ?ith Protestant hy)ocrisy, is al?ays assu&ed, 3or decency;s sa$e7 Here the husband;s hetaeris& is a &ore slee)y $ind o3 business, and adultery by the ?i3e is less the rule7 4ut since, in e,ery $ind o3 &arriage, )eo)le re&ain ?hat they ?ere be3ore, and since the bourgeois o3 Protestant countries are &ostly )hilistines, all that this Protestant &onoga&y achie,es, ta$ing the a,erage o3 the best cases, is a conBugal )artnershi) o3 leaden boredo&, $no?n as Cdo&estic bliss7E 'he best &irror o3 these t?o &ethods o3 &arrying is the no,el-the French no,el 3or the Hatholic &anner, the -er&an 3or the Protestant7 5n both, the hero CgetsE the&: in the -er&an, the young &an gets the girl; in the French, the husband gets the horns7 Which o3 the& is ?orse o33 is so&eti&es Duestionable7 'his is ?hy the French bourgeois is as &uch horri3ied by the dullness o3 the -er&an no,el as the -er&an )hilistine is by the Ci&&oralityE o3 the French7 Ho?e,er, no? that C4erlin is a ?orld ca)ital,E the -er&an no,el is beginning ?ith a little less ti&idity to use as )art o3 its regular stoc$-in-trade the hetaeris& and adultery long 3a&iliar to that to?n7

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5n both cases, ho?e,er, the &arriage is conditioned by the class )osition o3 the )arties and is to that e!tent al?ays a &arriage o3 con,enience7 5n both cases this &arriage o3 con,enience turns o3ten enough into crassest )rostitution-so&eti&es o3 both )artners, but 3ar &ore co&&only o3 the ?o&an, ?ho only di33ers 3ro& the ordinary courtesan in that she does not let out her body on )iece-?or$ as a ?age-?or$er, but sells it once and 3or all into sla,ery7 (nd o3 all &arriages o3 con,enience Fourier;s ?ords hold true: C(s in gra&&ar t?o negati,es &a$e an a33ir&ati,e, so in &atri&onial &orality t?o )rostitutions )ass 3or a ,irtue7E .Hharles Fourier, 'heorie de l;=niti =ni,erselle7 Paris, 1841-4J, %ol7 555, )7 1+:7 < #d7/ e!-lo,e in the relationshi) ?ith a ?o&an beco&es, and can only beco&e, the real rule a&ong the o))ressed classes, ?hich &eans today a&ong the )roletariat-?hether this relation is o33icially sanctioned or not7 4ut here all the 3oundations o3 ty)ical &onoga&y are cleared a?ay7 Here there is no )ro)erty, 3or the )reser,ation and inheritance o3 ?hich &onoga&y and &ale su)re&acy ?ere established; hence there is no incenti,e to &a$e this &ale su)re&acy e33ecti,e7 What is &ore, there are no &eans o3 &a$ing it so7 4ourgeois la?, ?hich )rotects this su)re&acy, e!ists only 3or the )ossessing class and their dealings ?ith the )roletarians7 'he la? costs &oney and, on account o3 the ?or$er;s )o,erty, it has no ,alidity 3or his relation to his ?i3e7 Here Duite other )ersonal and social conditions decide7 (nd no? that large-scale industry has ta$en the ?i3e out o3 the ho&e onto the labor &ar$et and into the 3actory, and &ade her o3ten the bread-?inner o3 the 3a&ily, no basis 3or any $ind o3 &ale su)re&acy is le3t in the )roletarian household < e!ce)t, )erha)s, 3or so&ething o3 the brutality to?ards ?o&en that has s)read since the introduction o3 &onoga&y7 'he )roletarian 3a&ily is there3ore no longer &onoga&ous in the strict sense, e,en ?here there is )assionate lo,e and 3ir&est loyalty on both sides, and &aybe all the blessings o3 religious and ci,il authority7 Here, there3ore, the eternal attendants o3 &onoga&y, hetaeris& and adultery, )lay only an al&ost ,anishing )art7 'he ?i3e has in 3act regained the right to dissol,e the &arriage, and i3 t?o )eo)le cannot get on ?ith one another, they )re3er to se)arate7 5n short, )roletarian &arriage is &onoga&ous in the ety&ological sense o3 the ?ord, but not at all in its historical sense7 Our Burists, o3 course, 3ind that )rogress in legislation is lea,ing ?o&en ?ith no 3urther ground o3 co&)laint7 Modern ci,ili1ed syste&s o3 la? increasingly ac$no?ledge, 3irst, that 3or a &arriage to be legal, it &ust be a contract 3reely entered into by both )artners, and, secondly, that also in the &arried state both )artners &ust stand on a co&&on 3ooting o3 eDual rights and duties7 53 both these de&ands are consistently carried out, say the Burists, ?o&en ha,e all they can as$7 'his ty)ically legalist &ethod o3 argu&ent is e!actly the sa&e as that ?hich the radical re)ublican bourgeois uses to )ut the )roletarian in his )lace7 'he labor contract is to be 3reely entered into by both )artners7 4ut it is considered to ha,e been 3reely entered into as soon as the la? &a$es both )arties eDual on )a)er7 'he )o?er con3erred on the one )arty by the di33erence o3 class )osition, the )ressure thereby brought to bear on the other )arty < the real econo&ic )osition o3 both < that is not the la?;s business7 (gain, 3or the duration o3 the labor contract both )arties are to ha,e eDual rights, in so 3ar as one or the other does not e!)ressly surrender the&7 'hat econo&ic relations co&)el the ?or$er to surrender e,en the last se&blance o3 eDual rights < here again, that is no concern o3 the la?7 5n regard to &arriage, the la?, e,en the &ost ad,anced, is 3ully satis3ied as soon as the )artners ha,e 3or&ally recorded that they are entering into the &arriage o3 their o?n 3ree consent7 What goes on in real li3e behind the Buridical scenes, ho? this 3ree consent co&es about < that is not the business o3 the la? and the Burist7 (nd yet the &ost ele&entary co&)arati,e Buris)rudence should sho? the Burist ?hat this 3ree consent really a&ounts to7 5n the countries ?here an obligatory share o3 the )aternal inheritance is secured to the children by la? and they cannot there3ore be disinherited < in -er&any, in the countries ?ith French la? and else?here < the children are obliged to obtain their )arents; consent to their &arriage7 5n the countries ?ith #nglish la?, ?here )arental consent to a &arriage is not legally reDuired, the )arents on their side ha,e 3ull 3reedo&

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in the testa&entary dis)osal o3 their )ro)erty and can disinherit their children at their )leasure7 5t is ob,ious that, in s)ite and )recisely because o3 this 3act, 3reedo& o3 &arriage a&ong the classes ?ith so&ething to inherit is in reality not a ?hit greater in #ngland and (&erica than it is in France and -er&any7 (s regards the legal eDuality o3 husband and ?i3e in &arriage, the )osition is no better7 'he legal ineDuality o3 the t?o )artners, beDueathed to us 3ro& earlier social conditions, is not the cause but the e33ect o3 the econo&ic o))ression o3 the ?o&an7 5n the old co&&unistic household, ?hich co&)rised &any cou)les and their children, the tas$ entrusted to the ?o&en o3 &anaging the household ?as as &uch a )ublic and socially necessary industry as the )rocuring o3 3ood by the &en7 With the )atriarchal 3a&ily, and still &ore ?ith the single &onoga&ous 3a&ily, a change ca&e7 Household &anage&ent lost its )ublic character7 5t no longer concerned society7 5t beca&e a )ri,ate ser,ice; the ?i3e beca&e the head ser,ant, e!cluded 3ro& all )artici)ation in social )roduction7 Got until the co&ing o3 &odern large-scale industry ?as the road to social )roduction o)ened to her again < and then only to the )roletarian ?i3e7 4ut it ?as o)ened in such a &anner that, i3 she carries out her duties in the )ri,ate ser,ice o3 her 3a&ily, she re&ains e!cluded 3ro& )ublic )roduction and unable to earn; and i3 she ?ants to ta$e )art in )ublic )roduction and earn inde)endently, she cannot carry out 3a&ily duties7 (nd the ?i3e;s )osition in the 3actory is the )osition o3 ?o&en in all branches o3 business, right u) to &edicine and the la?7 'he &odern indi,idual 3a&ily is 3ounded on the o)en or concealed do&estic sla,ery o3 the ?i3e, and &odern society is a &ass co&)osed o3 these indi,idual 3a&ilies as its &olecules7 5n the great &aBority o3 cases today, at least in the )ossessing classes, the husband is obliged to earn a li,ing and su))ort his 3a&ily, and that in itsel3 gi,es hi& a )osition o3 su)re&acy, ?ithout any need 3or s)ecial legal titles and )ri,ileges7 Within the 3a&ily he is the bourgeois and the ?i3e re)resents the )roletariat7 5n the industrial ?orld, the s)eci3ic character o3 the econo&ic o))ression burdening the )roletariat is ,isible in all its shar)ness only ?hen all s)ecial legal )ri,ileges o3 the ca)italist class ha,e been abolished and co&)lete legal eDuality o3 both classes established7 'he de&ocratic re)ublic does not do a?ay ?ith the o))osition o3 the t?o classes; on the contrary, it )ro,ides the clear 3ield on ?hich the 3ight can be 3ought out7 (nd in the sa&e ?ay, the )eculiar character o3 the su)re&acy o3 the husband o,er the ?i3e in the &odern 3a&ily, the necessity o3 creating real social eDuality bet?een the&, and the ?ay to do it, ?ill only be seen in the clear light o3 day ?hen both )ossess legally co&)lete eDuality o3 rights7 'hen it ?ill be )lain that the 3irst condition 3or the liberation o3 the ?i3e is to bring the ?hole 3e&ale se! bac$ into )ublic industry, and that this in turn de&ands the abolition o3 the &onoga&ous 3a&ily as the econo&ic unit o3 society7

We thus ha,e three )rinci)al 3or&s o3 &arriage ?hich corres)ond broadly to the three )rinci)al stages o3 hu&an de,elo)&ent7 For the )eriod o3 sa,agery, grou) &arriage; 3or barbaris&, )airing &arriage; 3or ci,ili1ation, &onoga&y, su))le&ented by adultery and )rostitution7 4et?een )airing &arriage and &onoga&y inter,enes a )eriod in the u))er stage o3 barbaris& ?hen &en ha,e 3e&ale sla,es at their co&&and and )olyga&y is )racticed7 (s our ?hole )resentation has sho?n, the )rogress ?hich &ani3ests itsel3 in these successi,e 3or&s is connected ?ith the )eculiarity that ?o&en, but not &en, are increasingly de)ri,ed o3 the se!ual 3reedo& o3 grou) &arriage7 5n 3act, 3or &en grou) &arriage actually still e!ists e,en to this day7 What 3or the ?o&an is a cri&e, entailing gra,e legal and social conseDuences, is considered honorable in a &an or, at the ?orse, a slight &oral ble&ish ?hich he cheer3ully bears7 4ut the &ore the hetaeris& o3 the )ast is changed in our ti&e by ca)italist co&&odity )roduction and brought into con3or&ity ?ith it, the &ore, that is to say, it is trans3or&ed into undisguised )rostitution, the &ore de&orali1ing are its e33ects7 (nd it de&orali1es &en 3ar &ore than ?o&en7 (&ong ?o&en, )rostitution degrades only the un3ortunate ones ?ho beco&e its ,icti&s, and

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e,en these by no &eans to the e!tent co&&only belie,ed7 4ut it degrades the character o3 the ?hole &ale ?orld7 ( long engage&ent, )articularly, is in nine cases out o3 ten a regular )re)aratory school 3or conBugal in3idelity7 We are no? a))roaching a social re,olution in ?hich the econo&ic 3oundations o3 &onoga&y as they ha,e e!isted hitherto ?ill disa))ear Bust as surely as those o3 its co&)le&ent-)rostitution7 Monoga&y arose 3ro& the concentration o3 considerable ?ealth in the hands o3 a single indi,iduals &an-and 3ro& the need to beDueath this ?ealth to the children o3 that &an and o3 no other7 For this )ur)ose, the &onoga&y o3 the ?o&an ?as reDuired, not that o3 the &an, so this &onoga&y o3 the ?o&an did not in any ?ay inter3ere ?ith o)en or concealed )olyga&y on the )art o3 the &an7 4ut by trans3or&ing by 3ar the greater )ortion, at any rate, o3 )er&anent, heritable ?ealth < the &eans o3 )roduction < into social )ro)erty, the co&ing social re,olution ?ill reduce to a &ini&u& all this an!iety about beDueathing and inheriting7 Ha,ing arisen 3ro& econo&ic causes, ?ill &onoga&y then disa))ear ?hen these causes disa))earN One &ight ans?er, not ?ithout reason: 3ar 3ro& disa))earing, it ?ill, on the contrary, be reali1ed co&)letely7 For ?ith the trans3or&ation o3 the &eans o3 )roduction into social )ro)erty there ?ill disa))ear also ?age-labor, the )roletariat, and there3ore the necessity 3or a certain < statistically calculable < nu&ber o3 ?o&en to surrender the&sel,es 3or &oney7 Prostitution disa))ears; &onoga&y, instead o3 colla)sing, at last beco&es a reality < also 3or &en7 5n any case, there3ore, the )osition o3 &en ?ill be ,ery &uch altered7 4ut the )osition o3 ?o&en, o3 all ?o&en, also undergoes signi3icant change7 With the trans3er o3 the &eans o3 )roduction into co&&on o?nershi), the single 3a&ily ceases to be the econo&ic unit o3 society7 Pri,ate house$ee)ing is trans3or&ed into a social industry7 'he care and education o3 the children beco&es a )ublic a33air; society loo$s a3ter all children ali$e, ?hether they are legiti&ate or not7 'his re&o,es all the an!iety about the CconseDuences,E ?hich today is the &ost essential social < &oral as ?ell as econo&ic < 3actor that )re,ents a girl 3ro& gi,ing hersel3 co&)letely to the &an she lo,es7 Will not that su33ice to bring about the gradual gro?th o3 unconstrained se!ual intercourse and ?ith it a &ore tolerant )ublic o)inion in regard to a &aiden;s honor and a ?o&an;s sha&eN (nd, 3inally, ha,e ?e not seen that in the &odern ?orld &onoga&y and )rostitution are indeed contradictions, but inse)arable contradictions, )oles o3 the sa&e state o3 societyN Han )rostitution disa))ear ?ithout dragging &onoga&y ?ith it into the abyssN Here a ne? ele&ent co&es into )lay, an ele&ent ?hich, at the ti&e ?hen &onoga&y ?as de,elo)ing, e!isted at &ost in ger&: indi,idual se!-lo,e7 4e3ore the Middle (ges ?e cannot s)ea$ o3 indi,idual se!-lo,e7 'hat )ersonal beauty, close inti&acy, si&ilarity o3 tastes and so 3orth a?a$ened in )eo)le o3 o))osite se! the desire 3or se!ual intercourse, that &en and ?o&en ?ere not totally indi33erent regarding the )artner ?ith ?ho& they entered into this &ost inti&ate relationshi) < that goes ?ithout saying7 4ut it is still a ,ery long ?ay to our se!ual lo,e7 'hroughout the ?hole o3 antiDuity, &arriages ?ere arranged by the )arents, and the )artners cal&ly acce)ted their choice7 What little lo,e there ?as bet?een husband and ?i3e in antiDuity is not so &uch subBecti,e inclination as obBecti,e duty, not the cause o3 the &arriage, but its corollary7 >o,e relationshi)s in the &odern sense only occur in antiDuity outside o33icial society7 'he she)herds o3 ?hose Boys and sorro?s in lo,e 'heocratus and Moschus sing, the 0a)hnis and Hhloe o3 >ongus are all sla,es ?ho ha,e no )art in the state, the 3ree citi1en;s s)here o3 li3e7 #!ce)t a&ong sla,es, ?e 3ind lo,e a33airs only as )roducts o3 the disintegration o3 the old ?orld and carried on ?ith ?o&en ?ho also stand outside o33icial society, ?ith hetairai < that is, ?ith 3oreigners or 3reed sla,es: in (thens 3ro& the e,e o3 its decline, in Ao&e under the Haesars7 53 there ?ere any real lo,e a33airs bet?een 3ree &en and 3ree ?o&en, these occurred only in the course o3 adultery7 (nd to the classical lo,e )oet o3 antiDuity, old (nacreon, se!ual lo,e in our sense &attered so little that it did not e,en &atter to hi& ?hich se! his belo,ed ?as7

41

'he Fa&ily

Our se!ual lo,e di33ers essentially 3ro& the si&)le se!ual desire, the #ros, o3 the ancients7 5n the 3irst )lace, it assu&es that the )erson lo,ed returns the lo,e; to this e!tent the ?o&an is on an eDual 3ooting ?ith the &an, ?hereas in the #ros o3 antiDuity she ?as o3ten not e,en as$ed7 econdly, our se!ual lo,e has a degree o3 intensity and duration ?hich &a$es both lo,ers 3eel that non-)ossession and se)aration are a great, i3 not the greatest, cala&ity; to )ossess one another, they ris$ high sta$es, e,en li3e itsel37 5n the ancient ?orld this ha))ened only, i3 at all, in adultery7 (nd, 3inally, there arises a ne? &oral standard in the Budg&ent o3 a se!ual relationshi)7 We do not only as$, ?as it ?ithin or outside &arriageN 4ut also, did it s)ring 3ro& lo,e and reci)rocated lo,e or notN O3 course, this ne? standard has 3ared no better in 3eudal or bourgeois )ractice than all the other standards o3 &orality < it is ignored7 4ut neither does it 3are any ?orse7 5t is recogni1ed Bust as &uch as they are < in theory, on )a)er7 (nd 3or the )resent it cannot as$ anything &ore7 (t the )oint ?here antiDuity bro$e o33 its ad,ance to se!ual lo,e, the Middle (ges too$ it u) again: in adultery7 We ha,e already described the $nightly lo,e ?hich ga,e rise to the songs o3 da?n7 Fro& the lo,e ?hich stri,es to brea$ u) &arriage to the lo,e ?hich is to be its 3oundation there is still a long road, ?hich chi,alry ne,er 3ully tra,ersed7 #,en ?hen ?e )ass 3ro& the 3ri,olous >atins to the ,irtuous -er&ans, ?e 3ind in the Gibelungenlied that, although in her heart Frie&hild is as &uch in lo,e ?ith ieg3ried as he is ?ith her, yet ?hen -unther announces that he has )ro&ised her to a $night he does not na&e, she si&)ly re)lies: CLou ha,e no need to as$ &e; as you bid &e, so ?ill 5 e,er be; ?ho& you, lord, gi,e &e as husband, hi& ?ill 5 gladly ta$e in troth7E 5t ne,er enters her head that her lo,e can be e,en considered7 -unther as$s 3or 4runhild in &arriage, and #t1el 3or Frie&hild, though they ha,e ne,er seen the&7 i&ilarly, in -utrun, igebant o3 5reland as$s 3or the Gor?egian =te, ?ho& he has ne,er seen, Hetel o3 Hegelingen 3or Hilde o3 5reland, and, 3inally, ieg3ried o3 Moorland, Hart&ut o3 Or&any and Her?ig o3 eeland 3or -utrun, and here -utrun;s acce)tance o3 Her?ig is 3or the 3irst ti&e ,oluntary7 (s a rule, the young )rince;s bride is selected by his )arents, i3 they are still li,ing, or, i3 not, by the )rince hi&sel3, ?ith the ad,ice o3 the great 3eudal lords, ?ho ha,e a ?eighty ?ord to say in all these cases7 Gor can it be other?ise7 For the $night or baron, as 3or the )rince o3 the land hi&sel3, &arriage is a )olitical act, an o))ortunity to increase )o?er by ne? alliances; the interest o3 the house &ust be decisi,e, not the ?ishes o3 an indi,idual7 What chance then is there 3or lo,e to ha,e the 3inal ?ord in the &a$ing o3 a &arriageN 'he sa&e thing holds 3or the guild &e&ber in the &edie,al to?ns7 'he ,ery )ri,ileges )rotecting hi&, the guild charters ?ith all their clauses and rubrics, the intricate distinctions legally se)arating hi& 3ro& other guilds, 3ro& the &e&bers o3 his o?n guild or 3ro& his Bourney&en and a))rentices, already &ade the circle narro? enough ?ithin ?hich he could loo$ 3or a suitable ?i3e7 (nd ?ho in the circle ?as the &ost suitable ?as decided under this co&)licated syste& &ost certainly not by his indi,idual )re3erence but by the 3a&ily interests7 5n the ,ast &aBority o3 cases, there3ore, &arriage re&ained, u) to the close o3 the &iddle ages, ?hat it had been 3ro& the start < a &atter ?hich ?as not decided by the )artners7 5n the beginning, )eo)le ?ere already born &arried <&arried to an entire grou) o3 the o))osite se!7 5n the later 3or&s o3 grou) &arriage si&ilar relations )robably e!isted, but ?ith the grou) continually contracting7 5n the )airing &arriage it ?as custo&ary 3or the &others to settle the &arriages o3 their children; here, too, the decisi,e considerations are the ne? ties o3 $inshi), ?hich are to gi,e the young )air a stronger )osition in the gens and tribe7 (nd ?hen, ?ith the )re)onderance o3 )ri,ate o,er co&&unal )ro)erty and the interest in its beDueathal, 3ather-right and &onoga&y gained su)re&acy, the de)endence o3 &arriages on econo&ic considerations beca&e co&)lete7 'he 3or& o3 &arriage by )urchase disa))ears, the actual )ractice is steadily e!tended until not only the ?o&an but also the &an acDuires a )rice < not according to his )ersonal Dualities, but according to his )ro)erty7 'hat the &utual a33ection o3 the )eo)le concerned should be the one )ara&ount reason 3or &arriage, out?eighing e,erything else, ?as

4+

'he Fa&ily

and al?ays had been absolutely unheard o3 in the )ractice o3 the ruling classes; that sort o3 thing only ha))ened in ro&ance < or a&ong the o))ressed classes, ?ho did not count7 uch ?as the state o3 things encountered by ca)italist )roduction ?hen it began to )re)are itsel3, a3ter the e)och o3 geogra)hical disco,eries, to ?in ?orld )o?er by ?orld trade and &anu3acture7 One ?ould su))ose that this &anner o3 &arriage e!actly suited it, and so it did7 (nd yet < there are no li&its to the irony o3 history < ca)italist )roduction itsel3 ?as to &a$e the decisi,e breach in it7 4y changing all things into co&&odities, it dissol,ed all inherited and traditional relationshi)s, and, in )lace o3 ti&e-honored custo& and historic right, it set u) )urchase and sale, C3reeE contract7 (nd the #nglish Burist, H7 7 Maine, thought he had &ade a tre&endous disco,ery ?hen he said that our ?hole )rogress in co&)arison ?ith 3or&er e)ochs consisted in the 3act that ?e had )assed C3ro& status to contract,E 3ro& inherited to 3reely contracted conditions < ?hich, in so 3ar as it is correct, ?as already in 'he Ho&&unist Mani3esto .Hha)ter 55/7 4ut a contract reDuires )eo)le ?ho can dis)ose 3reely o3 their )ersons, actions, and )ossessions, and &eet each other on the 3ooting o3 eDual rights7 'o create these C3reeE and CeDualE )eo)le ?as one o3 the &ain tas$s o3 ca)italist )roduction7 #,en though at the start it ?as carried out only hal3-consciously, and under a religious disguise at that, 3ro& the ti&e o3 the >utheran and Hal,inist Ae3or&ation the )rinci)le ?as established that &an is only 3ully res)onsible 3or his actions ?hen he acts ?ith co&)lete 3reedo& o3 ?ill, and that it is a &oral duty to resist all coercion to an i&&oral act7 4ut ho? did this 3it in ?ith the hitherto e!isting )ractice in the arrange&ent o3 &arriagesN Marriage, according to the bourgeois conce)tion, ?as a contract, a legal transaction, and the &ost i&)ortant one o3 all, because it dis)osed o3 t?o hu&an beings, body and &ind, 3or li3e7 For&ally, it is true, the contract at that ti&e ?as entered into ,oluntarily: ?ithout the assent o3 the )ersons concerned, nothing could be done7 4ut e,eryone $ne? only too ?ell ho? this assent ?as obtained and ?ho ?ere the real contracting )arties in the &arriage7 4ut i3 real 3reedo& o3 decision ?as reDuired 3or all other contracts, then ?hy not 3or thisN Had not the t?o young )eo)le to be cou)led also the right to dis)ose 3reely o3 the&sel,es, o3 their bodies and organsN Had not chi,alry brought se!-lo,e into 3ashion, and ?as not its )ro)er bourgeois 3or&, in contrast to chi,alry;s adulterous lo,e, the lo,e o3 husband and ?i3eN (nd i3 it ?as the duty o3 &arried )eo)le to lo,e each other, ?as it not eDually the duty o3 lo,ers to &arry each other and nobody elseN 0id not this right o3 the lo,ers stand higher than the right o3 )arents, relations, and other traditional &arriage-bro$ers and &atch&a$ersN 53 the right o3 3ree, )ersonal discri&ination bro$e boldly into the Hhurch and religion, ho? should it halt be3ore the intolerable clai& o3 the older generation to dis)ose o3 the body, soul, )ro)erty, ha))iness, and unha))iness o3 the younger generationN 'hese Duestions ine,itably arose at a ti&e ?hich ?as loosening all the old ties o3 society and under&ining all traditional conce)tions7 'he ?orld had suddenly gro?n al&ost ten ti&es bigger; instead o3 one Duadrant o3 a he&is)here, the ?hole globe lay be3ore the ga1e o3 the West #uro)eans, ?ho hastened to ta$e the other se,en Duadrants into their )ossession7 (nd ?ith the old narro? barriers o3 their ho&eland 3 ell also the thousand-year-old barriers o3 the )rescribed &edie,al ?ay o3 thought7 'o the out?ard and the in?ard eye o3 &an o)ened an in3initely ?ider hori1on7 What did a young &an care about the a))ro,al o3 res)ectability, or honorable guild )ri,ileges handed do?n 3or generations, ?hen the ?ealth o3 5ndia bec$oned to hi&, the gold and the sil,er &ines o3 Me!ico and PotosiN For the bourgeoisie, it ?as the ti&e o3 $night-errantry; they, too, had their ro&ance and their ra)tures o3 lo,e, but on a bourgeois 3ooting and, in the last analysis, ?ith bourgeois ai&s7 o it ca&e about that the rising bourgeoisie, es)ecially in Protestant countries, ?here e!isting conditions had been &ost se,erely sha$en, increasingly recogni1ed 3reedo& o3 contract also in &arriage, and carried it into e33ect in the &anner described7 Marriage re&ained class &arriage, but ?ithin the class the )artners ?ere conceded a certain degree o3 3reedo& o3 choice7 (nd on )a)er, in ethical theory and in )oetic descri)tion, nothing ?as &ore i&&utably established than

49

'he Fa&ily

that e,ery &arriage is i&&oral ?hich does not rest on &utual se!ual lo,e and really 3ree agree&ent o3 husband and ?i3e7 5n short, the lo,e &arriage ?as )roclai&ed as a hu&an right, and indeed not only as a droit de l;ho&&e, one o3 the rights o3 &an, but also, 3or once in a ?ay, as droit de la 3e&NE, one o3 the rights o3 ?o&an7 'his hu&an right, ho?e,er, di33ered in one res)ect 3ro& all other so-called hu&an rights7 While the latter, in )ractice, re&ain restricted to the ruling class 6the bourgeoisie8, and are directly or indirectly curtailed 3or the o))ressed class 6the )roletariat8, in the case o3 the 3or&er the irony o3 history )lays another o3 its tric$s7 'he ruling class re&ains do&inated by the 3a&iliar econo&ic in3luences and there3ore only in e!ce)tional cases does it )ro,ide instances o3 really 3reely contracted &arriages, ?hile a&ong the o))ressed class, as ?e ha,e seen, these &arriages are the rule7 Full 3reedo& o3 &arriage can there3ore only be generally established ?hen the abolition o3 ca)italist )roduction and o3 the )ro)erty relations created by it has re&o,ed all the acco&)anying econo&ic considerations ?hich still e!ert such a )o?er3ul in3luence on the choice o3 a &arriage )artner7 For then there is no other &oti,e le3t e!ce)t &utual inclination7 (nd as se!ual lo,e is by its nature e!clusi,e < although at )resent this e!clusi,eness is 3ully reali1ed only in the ?o&an < the &arriage based on se!ual lo,e is by its nature indi,idual &arriage7 We ha,e seen ho? right 4acho3en ?as in regarding the ad,ance 3ro& grou) &arriage to indi,idual &arriage as )ri&arily due to the ?o&en7 Only the ste) 3ro& )airing &arriage to &onoga&y can be )ut do?n to the credit o3 the &en, and historically the essence o3 this ?as to &a$e the )osition o3 the ?o&en ?orse and the in3idelities o3 the &en easier7 53 no? the econo&ic considerations also disa))ear ?hich &ade ?o&en )ut u) ?ith the habitual in3idelity o3 their husbands < concern 3or their o?n &eans o3 e!istence and still &ore 3or their children;s 3uture < then, according to all )re,ious e!)erience, the eDuality o3 ?o&an thereby achie,ed ?ill tend in3initely &ore to &a$e &en really &onoga&ous than to &a$e ?o&en )olyandrous7 4ut ?hat ?ill Duite certainly disa))ear 3ro& &onoga&y are all the 3eatures sta&)ed u)on it through its origin in )ro)erty relations; these are, in the 3irst )lace, su)re&acy o3 the &an, and, secondly, indissolubility7 'he su)re&acy o3 the &an in &arriage is the si&)le conseDuence o3 his econo&ic su)re&acy, and ?ith the abolition o3 the latter ?ill disa))ear o3 itsel37 'he indissolubility o3 &arriage is )artly a conseDuence o3 the econo&ic situation in ?hich &onoga&y arose, )artly tradition 3ro& the )eriod ?hen the connection bet?een this econo&ic situation and &onoga&y ?as not yet 3ully understood and ?as carried to e!tre&es under a religious 3or&7 'oday it is already bro$en through at a thousand )oints7 53 only the &arriage based on lo,e is &oral, then also only the &arriage in ?hich lo,e continues7 4ut the intense e&otion o3 indi,idual se!-lo,e ,aries ,ery &uch in duration 3ro& one indi,idual to another, es)ecially a&ong &en, and i3 a33ection de3initely co&es to an end or is su))lanted by a ne? )assionate lo,e, se)aration is a bene3it 3or both )artners as ?ell as 3or society < only )eo)le ?ill then be s)ared ha,ing to ?ade through the useless &ire o3 a di,orce case7 What ?e can no? conBecture about the ?ay in ?hich se!ual relations ?ill be ordered a3ter the i&)ending o,erthro? o3 ca)italist )roduction is &ainly o3 a negati,e character, li&ited 3or the &ost )art to ?hat ?ill disa))ear7 4ut ?hat ?ill there be ne?N 'hat ?ill be ans?ered ?hen a ne? generation has gro?n u): a generation o3 &en ?ho ne,er in their li,es ha,e $no?n ?hat it is to buy a ?o&an;s surrender ?ith &oney or any other social instru&ent o3 )o?er; a generation o3 ?o&en ?ho ha,e ne,er $no?n ?hat it is to gi,e the&sel,es to a &an 3ro& any other considerations than real lo,e, or to re3use to gi,e the&sel,es to their lo,er 3ro& 3ear o3 the econo&ic conseDuences7 When these )eo)le are in the ?orld, they ?ill care )recious little ?hat anybody today thin$s they ought to do; they ?ill &a$e their o?n )ractice and their corres)onding )ublic o)inion about the )ractice o3 each indi,idual < and that ?ill be the end o3 it7

44

'he Fa&ily

>et us, ho?e,er, return to Morgan, 3ro& ?ho& ?e ha,e &o,ed a considerable distance7 'he historical in,estigation o3 the social institutions de,elo)ed during the )eriod o3 ci,ili1ation goes beyond the li&its o3 his boo$7 Ho? &onoga&y 3ares during this e)och, there3ore, only occu)ies hi& ,ery brie3ly7 He, too, sees in the 3urther de,elo)&ent o3 the &onoga&ous 3a&ily a ste) 3or?ard, an a))roach to co&)lete eDuality o3 the se!es, though he does not regard this goal as attained7 4ut, he says:
When the 3act is acce)ted that the 3a&ily has )assed through 3our successi,e 3or&s, and is no? in a 3i3th, the Duestion at once arises ?hether this 3or& can be )er&anent in the 3uture7 'he only ans?er that can be gi,en is that it &ust ad,ance as society ad,ances, and change as society changes, e,en as it has done in the )ast7 5t is the creature o3 the social syste&, and ?ill re3lect its culture7 (s the &onoga&ian 3a&ily has i&)ro,ed greatly since the co&&ence&ent o3 ci,ili1ation, and ,ery sensibly in &odern ti&es, it is at least su))osable that it is ca)able o3 still 3urther i&)ro,e&ent until the eDuality o3 the se!es is attained7 hould the &onoga&ian 3a&ily in the distant 3uture 3ail to ans?er the reDuire&ents o3 society 777 it is i&)ossible to )redict the nature o3 its successor7

III. The Iroquois

ens

We no? co&e to another disco,ery &ade by Morgan, ?hich is at least as i&)ortant as the reconstruction o3 the 3a&ily in its )ri&iti,e 3or& 3ro& the syste&s o3 consanguinity7 'he )roo3 that the $inshi) organi1ations designated by ani&al na&es in a tribe o3 (&erican 5ndians are essentially identical ?ith the genea o3 the -ree$s and the gentes o3 the Ao&ans; that the (&erican is the original 3or& and the -ree$ and Ao&an 3or&s are later and deri,ati,e; that the ?hole social organi1ation o3 the )ri&iti,e -ree$s and Ao&ans into gens, )hratry, and tribe 3inds its 3aith3ul )arallel in that o3 the (&erican 5ndians; that the gens is an institution co&&on to all barbarians until their entry into ci,ili1ation and e,en a3ter?ards 6so 3ar as our sources go u) to the )resent8 < this )roo3 has cleared u) at one stro$e the &ost di33icult Duestions in the &ost ancient )eriods o3 -ree$ and Ao&an history, )ro,iding us at the sa&e ti&e ?ith an unsus)ected ?ealth o3 in3or&ation about the 3unda&ental 3eatures o3 social constitution in )ri&iti,e ti&es < be3ore the introduction o3 the state7 i&)le as the &atter see&s once it is understood, Morgan only &ade his disco,ery Duite recently7 5n his )re,ious ?or$, )ublished in 18@1, !i, he had not yet )enetrated this secret, at ?hose subseDuent re,elation the #nglish anthro)ologists, usually so sel3-con3ident, beca&e 3or a ti&e as Duiet as &ice7 'he >atin ?ord gens, ?hich Morgan uses as a general ter& 3or such $inshi) organi1ations, co&es, li$e its -ree$ eDui,alent, genos, 3ro& the co&&on (ryan root gan 6in -er&an, ?here, 3ollo?ing the la? !, (ryan g is regularly re)laced by $, $an8, ?hich &eans to beget7 -ens,, -enos, anscrit Banas, -othic $uni 63ollo?ing the sa&e la? as abo,e8, Old Gorse and (ngloa!on $yn, #nglish $in, Middle High -er&an $unne7, all signi3y lineage, descent7 -ens in >atin and genos in -ree$ are, ho?e,er, used s)eci3ically to denote the 3or& o3 $inshi) organi1ation ?hich )rides itsel3 on its co&&on descent 6in this case 3ro& a co&&on ancestral 3ather8 and is bound together by social and religious institutions into a distinct co&&unity, though to all our historians its origin and character ha,e hitherto re&ained obscure7 We ha,e already seen, in connection ?ith the )unaluan 3a&ily .see Hha)ter +, abo,e/, ?hat is the co&)osition o3 a gens in its original 3or&7 5t consists o3 all the )ersons ?ho in )unaluan &arriage, according to the conce)tions necessarily )re,ailing under it, 3or& the recogni1ed descendants o3 one )articular ancestral &other, the 3ounder o3 the gens7 5n this 3or& o3 3a&ily, as )aternity is uncertain, only the 3e&ale line counts7 ince brothers &ay not &arry their sisters but only ?o&en o3 di33erent descent, the children begotten by the& ?ith these alien ?o&en cannot, according to &other-right, belong to the 3atherIs gens7 'here3ore only the o33s)ring o3 the daughters in each generation re&ain ?ithin the $inshi) organi1ation; the o33s)ring o3 the sons go into the gentes o3 their &others7 What beco&es o3 this consanguine grou) ?hen it has constituted itsel3 a se)arate grou), distinct 3ro& si&ilar grou)s ?ithin the tribeN (s the classic 3or& o3 this original gens, Morgan ta$es the gens a&ong the 5roDuois, and es)ecially in the eneca tribe7 5n this tribe there are eight gentes, na&ed a3ter ani&als: 618 Wol3, 6+8 4ear, 698 'urtle, 648 4ea,er, 6J8 0eer, 628 ni)e, 6@8 Heron, 688 Ha?$7 5n e,ery gens the 3ollo?ing custo&s are obser,ed: 17 'he gens elects its sache& 6head o3 the gens in )eace8 and its chie3 6leader in ?ar87 'he sache& had to be chosen 3ro& a&ong the &e&bers o3 the gens, and his o33ice ?as hereditary ?ithin the gens, in the sense that it had to be 3illed i&&ediately as o3ten as a ,acancy occurred; the &ilitary leader could be chosen 3ro& outside the gens, and 3or a ti&e the o33ice &ight e,en be ,acant7 ( son ?as ne,er chosen to succeed his 3ather as sache&, since &other- right )re,ailed a&ong the 5roDuois and the son conseDuently belonged to a di33erent gens; but the o33ice &ight and o3ten did )ass to a brother o3 the

42

'he 5roDuois -ens

)re,ious sache& or to his sisterIs son7 (ll ,oted in the elections, both &en and ?o&en7 'he election, ho?e,er, still reDuired the con3ir&ation o3 the se,en re&aining gentes, and only then ?as the ne? sache& cere&onially in,ested ?ith his o33ice by the co&&on council o3 the ?hole 5roDuois con3ederacy7 'he signi3icance o3 this ?ill a))ear later7 'he authority o3 the sache& ?ithin the gens ?as )aternal, and )urely &oral in character; he had no &eans o3 coercion7 4y ,irtue o3 his o33ice he ?as also a &e&ber o3 the tribal council o3 the enecas and also o3 the 3ederal council o3 all the 5roDuois7 'he ?ar-chie3 could only gi,e orders on &ilitary e!)editions7 +7 'he gens de)oses the sache& and ?ar-chie3 at ?ill7 'his also is done by &en and ?o&en Bointly7 (3ter a sache& or chie3 had been de)osed, they beca&e si&)le bra,es, )ri,ate )ersons, li$e the other &e&bers7 'he tribal council also had the )o?er to de)ose sache&s, e,en against the ?ill o3 the gens7 97 Go &e&ber is )er&itted to &arry ?ithin the gens7 'his is the 3unda&ental la? o3 the gens, the bond ?hich holds it together7 5t is the negati,e e!)ression o3 the ,ery )ositi,e blood relationshi), by ,irtue o3 ?hich the indi,iduals it co&)rises beco&e a gens7 4y his disco,ery o3 this si&)le 3act Morgan has re,ealed 3or the 3irst ti&e the nature o3 the gens7 Ho? little the gens ?as understood be3ore is ob,ious 3ro& the earlier re)orts about sa,ages and barbarians, in ?hich the ,arious bodies out o3 ?hich the gentile organi1ation is co&)osed are ignorantly and indiscri&inately re3erred to as tribe, clan, thu&, and so 3orth, and then so&eti&es designated as bodies ?ithin ?hich &arriage is )rohibited7 'hus ?as created the ho)eless con3usion ?hich ga,e Mr7 Mc>ennan his chance to a))ear as Ga)oleon, establishing order by his decree: (ll tribes are di,ided into those ?ithin ?hich &arriage is )rohibited 6e!oga&ous8 and those ?ithin ?hich it is )er&itted 6endoga&ous87 Ha,ing no? &ade the &uddle co&)lete, he could gi,e hi&sel3 u) to the )ro3oundest inDuiries as to ?hich o3 his t?o absurd classes ?as the older e!oga&y or endoga&y7 (ll this nonsense )ro&)tly sto))ed o3 itsel3 ?ith the disco,ery o3 the gens and o3 its basis in consanguinity, in,ol,ing the e!clusion o3 its &e&bers 3ro& inter&arriage ?ith one another7 5t goes ?ithout saying that at the stage at ?hich ?e 3ind the 5roDuois the )rohibition o3 &arriage ?ithin the gens ?as stringently obser,ed7 47 'he )ro)erty o3 deceased )ersons )assed to the other &e&bers o3 the gens; it had to re&ain in the gens7 (s an 5roDuois had only things o3 little ,alue to lea,e, the inheritance ?as shared by his nearest gentile relations; in the case o3 a &an, by his o?n brothers and sisters and &aternal uncle; in the case o3 a ?o&an, by her children and o?n sisters, but not by her brothers7 For this reason &an and ?i3e could not inherit 3ro& one another, nor children 3ro& their 3ather7 J7 'he &e&bers o3 the gens o?ed each other hel), )rotection, and es)ecially assistance in a,enging inBury by strangers7 'he indi,idual loo$ed 3or his security to the )rotection o3 the gens, and could rely u)on recei,ing it; to ?rong hi& ?as to ?rong his ?hole gens7 Fro& the bonds o3 blood uniting the gens s)rang the obligation o3 blood re,enge, ?hich the 5roDuois unconditionally recogni1ed7 53 any )erson 3ro& outside the gens $illed a gentile &e&ber, the obligation o3 blood re,enge rested on the entire gens o3 the slain &an7 First, &ediation ?as tried; the gens o3 the slayer sat in council, and &ade )ro)osals o3 settle&ent to the council o3 the gens o3 the slain, usually o33ering e!)ressions o3 regret and )resents o3 considerable ,alue7 53 these ?ere acce)ted, the &atter ?as dis)osed o37 5n the contrary case, the ?ronged gens a))ointed one or &ore a,engers, ?hose duty it ?as to )ursue and $ill the slayer7 53 this ?as acco&)lished, the gens o3 the slayer had no ground o3 co&)laint; accounts ?ere e,en and closed7 27 'he gens has s)ecial na&es or classes o3 na&es, ?hich &ay not be used by any other gens in the ?hole tribe, so that the na&e o3 the indi,idual indicates the gens to ?hich he belongs7 ( gentile na&e con3ers o3 itsel3 gentile rights7

4@

'he 5roDuois -ens

@7 'he gens can ado)t strangers and thereby ad&it the& into the ?hole tribe7 'hus a&ong the enecas the )risoners o3 ?ar ?ho ?ere not $illed beca&e through ado)tion into a gens &e&bers o3 the tribe, recei,ing 3ull gentile and tribal rights7 'he ado)tion too$ )lace on the )ro)osal o3 indi,idual &e&bers o3 the gens; i3 a &an ado)ted, he acce)ted the stranger as brother or sister; i3 a ?o&an, as son or daughter7 'he ado)tion had to be con3ir&ed by cere&onial acce)tance into the tribe7 FreDuently a gens ?hich ?as e!ce)tionally reduced in nu&bers ?as re)lenished by &ass ado)tion 3ro& another gens, ?ith its consent7 (&ong the 5roDuois the cere&ony o3 ado)tion into the gens ?as )er3or&ed at a )ublic council o3 the tribe, and there3ore ?as actually a religious rite7 87 )ecial religious cere&onies can hardly be 3ound a&ong the 5ndian gentes; the religious rites o3 the 5ndians are, ho?e,er, &ore or less connected ?ith the gens7 (t the si! yearly religious 3esti,als o3 the 5roDuois the sache&s and ?ar-chie3s o3 the di33erent gentes ?ere included e! o33icio a&ong the CFee)ers o3 the FaithE and had )riestly 3unctions7 *7 'he gens has a co&&on burial )lace7 (&ong the 5roDuois o3 Ge? Lor$ tate, ?ho are hedged in on all sides by ?hite )eo)le, this has disa))eared, but it e!isted 3or&erly7 5t e!ists still a&ong other 5ndians - 3or e!a&)le, a&ong the 'uscaroras, ?ho are closely related to the 5roDuois; although they are Hhristians, each gens has a se)arate ro? in the ce&etery; the &other is there3ore buried in the sa&e ro? as her children, but not the 3ather7 (nd a&ong the 5roDuois also the ?hole gens o3 the deceased attends the burial, )re)ares the gra,e, the 3uneral addresses, etc7 1:7 'he gens has a council: the de&ocratic asse&bly o3 all &ale and 3e&ale adult gentiles, all ?ith eDual ,otes7 'his council elected sache&s, ?ar-chie3s and also the other CFee)ers o3 the Faith,E and de)osed the&; it too$ decisions regarding blood re,enge or )ay&ent o3 atone&ent 3or &urdered gentiles; it ado)ted strangers into the gens7 5n short, it ?as the so,ereign )o?er in the gens7 uch ?ere the rights and )ri,ileges o3 a ty)ical 5ndian gens7 (ll the &e&bers o3 an 5roDuois gens ?ere )ersonally 3ree, and they ?ere bound to de3end each otherIs 3reedo&; they ?ere eDual in )ri,ileges and in )ersonal rights, the sache& and chie3s clai&ing no su)eriority; and they ?ere a brotherhood bound together by the ties o3 $in7 >iberty, eDuality, and 3raternity, though ne,er 3or&ulated, ?ere cardinal )rinci)les o3 the gens7 'hese 3acts are &aterial, because the gens ?as the unit o3 a social and go,ern&ental syste&, the 3oundation u)on ?hich 5ndian society ?as organi1ed7777 5t ser,es to e!)lain that sense o3 inde)endence and )ersonal dignity uni,ersally an attribute o3 5ndian character7 !,i 'he 5ndians o3 the ?hole o3 Gorth (&erica at the ti&e o3 its disco,ery ?ere organi1ed in gentes under &other-right7 'he gentes had disa))eared only in so&e tribes, as a&ong the 0a$otas; in others, as a&ong the OBib?as and the O&ahas, they ?ere organi1ed according to 3ather-right7 (&ong ,ery &any 5ndian tribes ?ith &ore than 3i,e or si! gentes, ?e 3ind e,ery three, 3our, or &ore gentes united in a s)ecial grou), ?hich Morgan, rendering the 5ndian na&e 3aith3ully by its -ree$ eDui,alent, calls a C)hratryE 6brotherhood87 'hus the enecas ha,e t?o )hratries: the 3irst co&)rises gentes 1 to 4, the second gentes J to 87 Hloser in,estigation sho?s that these )hratries generally re)resent the original gentes into ?hich the tribe 3irst s)lit u); 3or since &arriage ?as )rohibited ?ithin the gens, there had to be at least t?o gentes in any tribe to enable it to e!ist inde)endently7 5n the &easure in ?hich the tribe increased, each gens di,ided again into t?o or &ore gentes, each o3 ?hich no? a))ears as a se)arate gens, ?hile the original gens, ?hich includes all the daughter gentes, continues as the )hratry7 (&ong the enecas and &ost other 5ndians, the gentes ?ithin one )hratry are brother gentes to one another, ?hile those in the other )hratry are their cousin gentes-ter&s ?hich in the (&erican syste& o3 consanguinity ha,e, as ?e ha,e seen, a

48

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,ery real and e!)ressi,e &eaning7 Originally no eneca ?as allo?ed to &arry ?ithin his )hratry, but this restriction has long since beco&e obsolete and is no? con3ined to the gens7 (ccording to enecan tradition, the 4ear and the 0eer ?ere the t?o original gentes, 3ro& ?hich the others branched o337 (3ter this ne? institution had once ta$en 3ir& root, it ?as &odi3ied as reDuired; i3 the gentes in one )hratry died out, entire gentes ?ere so&eti&es trans3erred into it 3ro& other )hratries to &a$e the nu&bers e,en7 Hence ?e 3ind gentes o3 the sa&e na&e grou)ed in di33erent )hratries in di33erent tribes7 (&ong the 5roDuois, the 3unctions o3 the )hratry are )artly social, )artly religious7 618 5n the ball ga&e one )hratry )lays against another7 #ach )hratry )uts 3or?ard its best )layers, ?hile the other &e&bers, grou)ed according to )hratries, loo$ on and bet against one another on the ,ictory o3 their )layers7 6+8 5n the tribal council the sache&s and the ?ar-chie3s o3 each )hratry sit together, the t?o grou)s 3acing one another; each s)ea$er addresses the re)resentati,es o3 each )hratry as a se)arate body7 698 53 a &urder had been co&&itted in the tribe, and the slayer and the slain belonged to di33erent )hratries, the inBured gens o3ten a))ealed to its brother gentes; these held a council o3 the )hratry and a))ealed in a body to the other )hratry that it also should asse&ble its council to e33ect a settle&ent7 Here the )hratry rea))ears as the original gens, and ?ith greater )ros)ect o3 success than the ?ea$er single gens, its o33s)ring7 648 (t the death o3 )ro&inent )ersons the o))osite )hratry sa? to the inter&ent and the burial cere&onies, ?hile the )hratry o3 the dead )erson attended as &ourners7 53 a sache& died, the o))osite )hratry re)orted to the 3ederal council o3 the 5roDuois that the o33ice ?as ,acant7 6J8 'he council o3 the )hratry also )layed a )art in the election o3 a sache&7 'hat the election ?ould be con3ir&ed by the brother gentes ?as &ore or less ta$en 3or granted, but the gentes o3 the o))osite )hratry &ight raise an obBection7 5n this case the council o3 the o))osite )hratry ?as asse&bled; i3 it &aintained the obBection, the election ?as ,oid7 628 'he 5roDuois 3or&erly had s)ecial religious &ysteries, called &edicine lodges by the ?hite &en7 (&ong the enecas, these &ysteries ?ere celebrated by t?o religious brotherhoods, into ?hich ne? &e&bers ?ere ad&itted by 3or&al initiation; there ?as one such brotherhood in each o3 the t?o )hratries7 6@8 53, as is al&ost certain, the 3our lineages occu)ying the 3our Duarters o3 'lascala at the ti&e o3 the conDuest ?ere 3our )hratries, ?e here ha,e )roo3 that the )hratries ?ere also &ilitary units, li$e the )hratries a&ong the -ree$s and si&ilar $inshi) organi1ations a&ong the -er&ans; these 3our lineages ?ent into battle as se)arate grou)s, each ?ith its o?n uni3or& and 3lag, and under its o?n leader7 (s se,eral gentes &a$e u) a )hratry, so in the classic 3or& se,eral )hratries &a$e u) a tribe; in so&e cases, ?hen tribes ha,e been &uch ?ea$ened, the inter&ediate 3or&, the )hratry, is absent7 What distinguishes an 5ndian tribe in (&ericaN 1. Its own territory and name. 5n addition to its actual )lace o3 settle&ent, e,ery tribe 3urther )ossessed considerable territory 3or hunting and lashing7 4eyond that lay a broad stri) o3 neutral land reaching to the territory o3 the neighboring tribe; it ?as s&aller bet?een tribes related in language, larger bet?een tribes not so related7 5t is the sa&e as the boundary 3orest o3 the -er&ans, the ?aste &ade by HaesarIs ue,i around their territory, the isarnholt 6in 0anish, Barn,ed, li&es 0anicus8 bet?een 0anes and -er&ans, the achsen?ald 6 a!on ?ood8 and branibor 6 la,, C)rotecting ?oodE8 bet?een -er&ans and la,s, 3ro& ?hich 4randenburg ta$es its na&e7 'he territory deli&ited by these uncertain boundaries ?as the co&&on land o3 the tribe, recogni1ed as such by

4*

'he 5roDuois -ens

neighboring tribes and de3ended by the tribe itsel3 against attac$s7 5n &ost cases the uncertainty o3 the boundaries only beca&e a )ractical disad,antage ?hen there had been a great increase in )o)ulation7 'he na&es o3 the tribes see& generally to ha,e arisen by chance rather than to ha,e been deliberately chosen; in the course o3 ti&e it o3ten ha))ened that a tribe ?as called by another na&e a&ong the neighboring tribes than that ?hich it used itsel3, Bust as the -er&ans ?ere 3irst called -er&ans by the Helts7 2. A distinct dialect peculiar to the tribe alone. 'ribe and dialect are substantially coe!tensi,e; the 3or&ation through seg&entation o3 ne? tribes and dialects ?as still )roceeding in (&erica until Duite recently, and &ost )robably has not entirely sto))ed e,en today7 When t?o ?ea$ened tribes ha,e &erged into one, the e!ce)tional case occurs o3 t?o closely related dialects being s)o$en in the sa&e tribe7 'he a,erage strength o3 (&erican tribes is under +,::: &e&bers; the Hhero$ees, ho?e,er, nu&ber about +2,:::, the greatest nu&ber o3 5ndians in the =nited tates s)ea$ing the sa&e dialect7 3. The right to install into office the Sachems and war chiefs elected by the !entes and the right to depose them, e,en against the ?ill o3 their gens7 (s these sache&s and ?ar-chie3s are &e&bers o3 the council o3 the tribe, these rights o3 the tribe in regard to the& e!)lain the&sel,es7 Where a con3ederacy o3 tribes had been 3or&ed, ?ith all the tribes re)resented in a 3ederal council, these rights ?ere trans3erred to the latter7 ". The possession of common religious conceptions #$ythology% and ceremonies. E(3ter the 3ashion o3 barbarians the (&erican 5ndians ?ere a religious )eo)le7E .4/ 'heir &ythology has not yet been studied at all critically7 'hey already e&bodied their religious ideas-s)irits o3 e,ery $ind-in hu&an 3or&; but the lo?er stage o3 barbaris&, ?hich they had reached, still $no?s no )lastic re)resentations, so-called idols7 'heir religion is a cult o3 nature and o3 ele&ental 3orces, in )rocess o3 de,elo)&ent to )olytheis&7 'he ,arious tribes had their regular 3esti,als, ?ith de3inite rites, es)ecially dances and ga&es7 0ancing )articularly ?as an essential )art o3 all religious cere&onies; each tribe held its o?n celebration se)arately7 &. A tribal council for the common affairs of the tribe. 5t ?as co&)osed o3 all the sache&s and ?ar-chie3s o3 the di33erent gentes, ?ho ?ere genuinely re)resentati,e because they could be de)osed at any ti&e7 5t held its deliberations in )ublic, surrounded by the other &e&bers o3 the tribe, ?ho had the right to Boin 3reely in the discussion and to &a$e their ,ie?s heard7 'he decision rested ?ith the council7 (s a rule, e,eryone ?as gi,en a hearing ?ho as$ed 3or it; the ?o&en could also ha,e their ,ie?s e!)ressed by a s)ea$er o3 their o?n choice7 (&ong the 5roDuois the 3inal decision had to be unani&ous, as ?as also the case in regard to &any decisions o3 the -er&an &ar$ co&&unities7 'he tribal council ?as res)onsible es)ecially 3or the handling o3 relations ?ith other tribes; it recei,ed and sent e&bassies, declared ?ar and &ade )eace7 53 ?ar bro$e out, it ?as generally carried on by ,olunteers7 5n )rinci)le, e,ery tribe ?as considered to be in a state o3 ?ar ?ith e,ery other tribe ?ith ?hich it had not e!)ressly concluded a treaty o3 )eace7 Military e!)editions against such ene&ies ?ere generally organi1ed by )ro&inent indi,idual ?arriors; they held a ?ar-dance, and ?hoe,er Boined in the dance announced thereby his )artici)ation in the e!)edition7 'he colu&n ?as at once 3or&ed, and started o337 'he de3ense o3 the tribal territory ?hen attac$ed ?as also generally carried out by ,olunteers7 'he de)arture and return o3 such colu&ns ?ere al?ays an occasion o3 )ublic 3esti,ities7 'he consent o3 the tribal council ?as not reDuired 3or such e!)editions, and ?as neither as$ed nor gi,en7 'hey 3ind their e!act counter)art in the )ri,ate ?ar e!)editions o3 the -er&an retinues described by 'acitus, only ?ith the di33erence that a&ong the -er&ans the retinues ha,e already acDuired a &ore )er&anent character,

J:

'he 5roDuois -ens

3or&ing a 3ir& core already organi1ed in )eaceti&e to ?hich the other ,olunteers are attached in e,ent o3 ?ar7 'hese ?ar )arties are seldo& large; the &ost i&)ortant e!)editions o3 the 5ndians, e,en to great distances, ?ere underta$en ?ith insigni3icant 3orces7 53 se,eral such )arties united 3or o)erations on a large scale, each ?as under the orders only o3 its o?n leader7 =nity in the )lan o3 ca&)aign ?as secured ?ell or ill by a council o3 these leaders7 5t is the sa&e &anner o3 ?ar3are as ?e 3ind described by (&&ianus Marcellinus a&ong the (le&anni on the =))er Ahine in the 3ourth century7 '. Among some tribes we find a head chief( whose powers( howe)er( are )ery slight. He is one o3 the sache&s, and in situations de&anding s?i3t action he has to ta$e )ro,isional &easures, until the council can asse&ble and &a$e a de3inite decision7 His 3unction re)resents the 3irst 3eeble atte&)t at the creation o3 an o33icial ?ith e!ecuti,e )o?er, though generally nothing &ore ca&e o3 it; as ?e shall see, the e!ecuti,e o33icial de,elo)ed in &ost cases, i3 not in all, out o3 the chie3 &ilitary co&&ander7 'he great &aBority o3 the (&erican 5ndians did not ad,ance to any higher 3or& o3 association than the tribe7 >i,ing in s&all tribes, se)arated 3ro& one another by ?ide tracts bet?een their 3rontiers, ?ea$ened by incessant ?ars, they occu)ied an i&&ense territory ?ith 3e? )eo)le7 Here and there alliances bet?een related tribes ca&e into being in the e&ergency o3 the &o&ent and bro$e u) ?hen the e&ergency had )assed7 4ut in certain districts tribes ?hich ?ere originally related and had then been dis)ersed, Boined together again in )er&anent 3ederations, thus ta$ing the 3irst ste) to?ards the 3or&ation o3 nations7 5n the =nited tates ?e 3ind the &ost de,elo)ed 3or& o3 such a 3ederation a&ong the 5roDuois7 #&igrating 3ro& their ho&es ?est o3 the Mississi))i, ?here they )robably 3or&ed a branch o3 the great 0a$ota 3a&ily, they settled a3ter long ?anderings in ?hat is no? the tate o3 Ge? Lor$7 'hey ?ere di,ided into 3i,e tribes: enecas, Hayugas, Onondagas, Oneidas and Moha?$s7 'hey subsisted on 3ish, ga&e, and the )roducts o3 a crude horticulture, and li,ed in ,illages, ?hich ?ere generally )rotected by a stoc$ade7 Ge,er &ore than t?enty thousand strong, they had a nu&ber o3 gentes co&&on to all the 3i,e tribes, s)o$e closely related dialects o3 the sa&e language, and occu)ied a continuous stretch o3 territory ?hich ?as di,ided u) a&ong the 3i,e tribes7 (s they had ne?ly conDuered this territory, these tribes ?ere naturally accusto&ed to stand together against the 5nhabitants they had dri,en out7 Fro& this de,elo)ed, at the beginning o3 the 3i3teenth century at latest, a regular Ce,erlasting league,E a s?orn con3ederacy, ?hich in the consciousness o3 its ne? strength i&&ediately assu&ed an aggressi,e character, and at the height o3 its )o?er, about 12@J, conDuered ?ide stretches o3 the surrounding country, either e!)elling the inhabitants or &a$ing the& )ay tribute7 'he 5roDuois con3ederacy re)resents the &ost ad,anced social organi1ation achie,ed by any 5ndians still at the lo?er stage o3 barbaris& 6e!cluding, there3ore, the Me!icans, Ge? Me!icans and Peru,ians87 'he &ain )ro,isions o3 the con3ederacy ?ere as 3ollo?s: 17 Per)etual 3ederation o3 the 3i,e consanguineous tribes on the basis o3 co&)lete eDuality and inde)endence in all internal &atters o3 the tribe7 'his bond o3 $in re)resented the real basis o3 the con3ederacy7 O3 the 3i,e tribes, three ?ere $no?n as 3ather tribes and ?ere brother tribes to one another; the other t?o ?ere $no?n as son tribes, and ?ere li$e?ise brother tribes to one another7 'hree gentes, the oldest, still had their li,ing re)resentati,es in all 3i,e tribes, and another three in three tribes; the &e&bers o3 each o3 these gentes ?ere all brothers o3 one another throughout all the 3i,e tribes7 'heir co&&on language, in ?hich there ?ere only ,ariations o3 dialect, ?as the e!)ression and the )roo3 o3 their co&&on descent7 +7 'he organ o3 the con3ederacy ?as 3ederal council o3 3i3ty sache&s, all eDual in ran$ and authority; the decisions o3 this council ?ere 3inal in all &atters relating to the con3ederacy7

J1

'he 5roDuois -ens

97 'he 3i3ty sache&s ?ere distributed a&ong the tribes and gentes at the 3oundation o3 the con3ederacy to hold the ne? o33ices s)ecially created 3or 3ederal )ur)oses7 'hey ?ere elected by the res)ecti,e gentes ?hene,er a ,acancy occurred and could be de)osed by the gentes at any ti&e; but the right o3 in,esting the& ?ith their o33ice belonged to the 3ederal council7 47 'hese 3ederal sache&s ?ere also sache&s in their res)ecti,e tribes, and had a seat and a ,ote in the tribal council7 J7 (ll decisions o3 the 3ederal council had to be unani&ous7 27 %oting ?as by tribes, so that 3or a decision to be ,alid e,ery tribe and all &e&bers o3 the council in e,ery tribe had to signi3y their agree&ent7 @7 #ach o3 the 3i,e tribal councils could con,ene the 3ederal council, but it could not con,ene itsel37 87 'he &eetings o3 the council ?ere held in the )resence o3 the asse&bled )eo)le; e,ery 5roDuois could s)ea$; the council alone decided7 *7 'he con3ederacy had no o33icial head or chie3 e!ecuti,e o33icer7 1:7 On the other hand, the council had t?o )rinci)al ?ar-chie3s, ?ith eDual )o?ers and eDual authority 6the t?o C$ingsE o3 the )artans, the t?o consuls in Ao&e87 'hat ?as the ?hole )ublic constitution under ?hich the 5roDuois li,ed 3or o,er 3our hundred years and are still li,ing today7 5 ha,e described it 3ully, 3ollo?ing Morgan, because here ?e ha,e the o))ortunity o3 studying the organi1ation o3 a society ?hich still has no state7 'he state )resu))oses a s)ecial )ublic )o?er se)arated 3ro& the body o3 the )eo)le, and Maurer, ?ho ?ith a true instinct recogni1es that the constitution o3 the -er&an &ar$ is a )urely social institution, di33ering essentially 3ro& the state, though later )ro,iding a great )art o3 its basis, conseDuently in,estigates in all his ?ritings the gradual gro?th o3 the )ublic )o?er out o3, and side by side ?ith, the )ri&iti,e constitutions o3 &ar$s, ,illages, ho&esteads, and to?ns7 (&ong the Gorth (&erican 5ndians ?e see ho? an originally ho&ogeneous tribe gradually s)reads o,er a huge continent; ho? through di,ision tribes beco&e nations, entire grou)s o3 tribes; ho? the languages change until they not only beco&e unintelligible to other tribes, but also lose al&ost e,ery trace o3 their original identity; ho? at the sa&e ti&e ?ithin the tribes each gens s)lits u) into se,eral gentes, ho? the old &other gentes are )reser,ed as )hratries, ?hile the na&es o3 these oldest gentes ne,ertheless re&ain the sa&e in ?idely distant tribes that ha,e long been se)arated-the Wol3 and the 4ear are still gentile na&es a&ong a &aBority o3 all 5ndian tribes7 (nd the constitution described abo,e a))lies in the &ain to the& all, e!ce)t that &any o3 the& ne,er ad,anced as 3ar as the con3ederacy o3 related tribes7 4ut once the gens is gi,en as the social unit, ?e also see ho? the ?hole constitution o3 gentes, )hratries, and tribes is al&ost necessarily bound to de,elo) 3ro& this unit, because the de,elo)&ent is natural7 -ens, )hratry, and tribe are all grou)s o3 di33erent degrees o3 consanguinity, each sel3-contained and ordering its o?n a33airs, but each su))le&enting the other7 (nd the a33airs ?hich 3all ?ithin their s)here co&)rise all the )ublic a33airs o3 barbarians o3 the lo?er stage7 When ?e 3ind a )eo)le ?ith the gens as their social unit, ?e &ay there3ore also loo$ 3or an organi1ation o3 the tribe si&ilar to that here described; and ?hen there are adeDuate sources, as in the case o3 the -ree$s and the Ao&ans, ?e shall not only 3ind it, but ?e shall also be able to con,ince oursel,es that ?here the sources 3ail us, co&)arison ?ith the (&erican social constitution hel)s us o,er the &ost di33icult doubts and riddles7 (nd a ?onder3ul constitution it is, this gentile constitution, in all its childli$e si&)licityO Go soldiers, no gendar&es or )olice, no nobles, $ings, regents, )re3ects, or Budges, no )risons, no la?suits - and e,erything ta$es its orderly course7 (ll Duarrels and dis)utes are settled by the

J+

'he 5roDuois -ens

?hole o3 the co&&unity a33ected, by the gens or the tribe, or by the gentes a&ong the&sel,es; only as an e!tre&e and e!ce)tional &easure is blood re,enge threatened-and our ca)ital )unish&ent is nothing but blood re,enge in a ci,ili1ed 3or&, ?ith all the ad,antages and dra?bac$s o3 ci,ili1ation7 (lthough there ?ere &any &ore &atters to be settled in co&&on than today - the household is &aintained by a nu&ber o3 3a&ilies in co&&on, and is co&&unistic, the land belongs to the tribe, only the s&all gardens are allotted )ro,isionally to the households - yet there is no need 3or e,en a trace o3 our co&)licated ad&inistrati,e a))aratus ?ith all its ra&i3ications7 'he decisions are ta$en by those concerned, and in &ost cases e,erything has been already settled by the custo& o3 centuries7 'here cannot be any )oor or needy - the co&&unal household and the gens $no? their res)onsibilities to?ards the old, the sic$, and those disabled in ?ar7 (ll are eDual and 3ree - the ?o&en included7 'here is no )lace yet 3or sla,es, nor, as a rule, 3or the subBugation o3 other tribes7 When, about the year 12J1, the 5roDuois had conDuered the #ries and the CGeutral Gation,E they o33ered to acce)t the& into the con3ederacy on eDual ter&s; it ?as only a3ter the de3eated tribes had re3used that they ?ere dri,en 3ro& their territory7 (nd ?hat &en and ?o&en such a society breeds is )ro,ed by the ad&iration ins)ired in all ?hite )eo)le ?ho ha,e co&e into contact ?ith uns)oiled 5ndians, by the )ersonal dignity, u)rightness, strength o3 character, and courage o3 these barbarians7 We ha,e seen e!a&)les o3 this courage Duite recently in (3rica7 'he Zulus a 3e? years ago and the Gubians a 3e? &onths ago < both o3 the& tribes in ?hich gentile institutions ha,e not yet died out < did ?hat no #uro)ean ar&y can do7 (r&ed only ?ith lances and s)ears, ?ithout 3irear&s, under a hail o3 bullets 3ro& the breech-loaders o3 the #nglish in3antry - ac$no?ledged the best in the ?orld at 3ighting in close order < they ad,anced right u) to the bayonets and &ore than once thre? the lines into disorder and e,en bro$e the&, in s)ite o3 the enor&ous ineDuality o3 ?ea)ons and in s)ite o3 the 3act that they ha,e no &ilitary ser,ice and $no? nothing o3 drill7 'heir )o?ers o3 endurance and )er3or&ance are sho?n by the co&)laint o3 the #nglish that a Fa33ir tra,els 3arther and 3aster in t?enty-3our hours than a horse7 His s&allest &uscle stands out hard and 3ir& li$e ?hi)cord, says an #nglish )ainter7 'hat is ?hat &en and society ?ere be3ore the di,ision into classes7 (nd ?hen ?e co&)are their )osition ?ith that o3 the o,er?hel&ing &aBority o3 ci,ili1ed &en today, an enor&ous gul3 se)arates the )resent-day )roletarian and s&all )easant 3ro& the 3ree &e&ber o3 the old gentile society7 'hat is the one side7 4ut ?e &ust not 3orget that this organi1ation ?as doo&ed7 5t did not go beyond the tribe7 'he con3ederacy o3 tribes already &ar$s the beginning o3 its colla)se, as ?ill soon be a))arent, and ?as already a))arent in the atte&)ts at subBugation by the 5roDuois7 Outside the tribe ?as outside the la?7 Where,er there ?as not an e!)licit treaty o3 )eace, tribe ?as at ?ar ?ith tribe, and ?ars ?ere ?aged ?ith the cruelty ?hich distinguishes &an 3ro& other ani&als, and ?hich ?as only &itigated later by sel3-interest7 'he gentile constitution in its best days, as ?e sa? it in (&erica, )resu))osed an e!tre&ely unde,elo)ed state o3 )roduction and there3ore an e!tre&ely s)arse )o)ulation o,er a ?ide area7 Man;s attitude to nature ?as there3ore one o3 al&ost co&)lete subBection to a strange inco&)rehensible )o?er, as is re3lected in his childish religious conce)tions7 Man ?as bounded by his tribe, both in relation to strangers 3ro& outside the tribe and to hi&sel3; the tribe, the gens, and their institutions ?ere sacred and in,iolable, a higher )o?er established by nature, to ?hich the indi,idual subBected hi&sel3 unconditionally in 3eeling, thought, and action7 Ho?e,er i&)ressi,e the )eo)le o3 this e)och a))ear to us, they are co&)letely undi33erentiated 3ro& one another; as Mar! says, they are still attached to the na,el string o3 the )ri&iti,e co&&unity7 !,ii 'he )o?er o3 this )ri&iti,e co&&unity had to be bro$en, and it ?as bro$en7 4ut it ?as bro$en by in3luences ?hich 3ro& the ,ery start a))ear as a degradation, a 3all 3ro& the si&)le &oral greatness o3 the old gentile society7 'he lo?est interests < base greed, brutal a))etites, sordid a,arice, sel3ish robbery o3 the co&&on ?ealth < inaugurate the ne?, ci,ili1ed, class society7 5t is by the ,ilest &eans < the3t,

J9

'he 5roDuois -ens

,iolence, 3raud, treason < that the old classless gentile society is under&ined and o,erthro?n7 (nd the ne? society itsel3, during all the t?o and a hal3 thousand years o3 its e!istence, has ne,er been anything else but the de,elo)&ent o3 the s&all &inority at the e!)ense o3 the great e!)loited and o))ressed &aBority; today it is so &ore than e,er be3ore7

III. The

ree!

ens

Fro& )rehistoric ti&es -ree$s and Pelasgians ali$e, and other )eo)les o3 $indred stoc$, had been organi1ed in the sa&e organic series as the (&ericans: gens, )hratry, tribe, con3ederacy o3 tribes7 'he )hratry &ight be absent, as a&ong the 0orians, and the con3ederacy o3 tribes ?as not necessarily 3ully de,elo)ed e,ery?here as yet; but in e,ery case the gens ?as the unit7 (t the ti&e o3 their entry into history, the -ree$s are on the threshold o3 ci,ili1ation; bet?een the& and the (&erican tribes, o3 ?ho& ?e s)o$e abo,e, lie al&ost t?o entire great )eriods o3 de,elo)&ent, by ?hich the -ree$s o3 the heroic age are ahead o3 the 5roDuois7 'he gens o3 the -ree$s is there3ore no longer the archaic gens o3 the 5roDuois; the i&)ress o3 grou) &arriage is beginning to be a good deal blurred7 Mother-right has gi,en ?ay to 3ather-right; increasing )ri,ate ?ealth has thus &ade its 3irst breach in the gentile constitution7 ( second breach 3ollo?ed naturally 3ro& the 3irst7 (3ter the introduction o3 3ather-right the )ro)erty o3 a rich heiress ?ould ha,e )assed to her husband and thus into another gens on her &arriage, but the 3oundation o3 all gentile la? ?as no? ,iolated and in such a case the girl ?as not only )er&itted but ordered to &arry ?ithin the gens, in order that her )ro)erty should be retained 3or the gens7 (ccording to -roteIs History o3 -reece, the (thenian gens, in )articular, ?as held together by the 3ollo?ing institutions and custo&s: 17 Ho&&on religious rites, and the e!clusi,e )ri,ilege o3 )riesthood in honor o3 a )articular god, the su))osed ancestral 3ather o3 the gens, ?ho in this attribute ?as designated by a s)ecial surna&e7 +7 ( co&&on burial )lace 6c37 0e&osthenesI #ubulides87 97 Mutual right o3 inheritance7 47 Mutual obligations o3 hel), )rotection, and assistance in case o3 ,iolence7 J7 Mutual right and obligation to &arry ?ithin the gens in certain cases, es)ecially 3or or)han girls and heiresses7 27 Possession, at least in so&e cases, o3 co&&on )ro)erty, ?ith a s)ecial archon 6head &an or )resident8 and treasurer7 Ge!t, se,eral gentes ?ere united in the )hratry, but less closely; though here also ?e 3ind &utual rights and obligations o3 a si&ilar $ind, )articularly the co&&on celebration o3 certain religious cere&onies and the right to a,enge the death o3 a )hrator7 i&ilarly, all the )hratries o3 a tribe held regularly recurring religious 3esti,als in co&&on, at ?hich a leader o3 the tribe 6)hylobasileus8, elected 3ro& the nobility 6#u)atridai8, o33iciated7 'hus 3ar -rote7 (nd Mar! adds:
C5n the -ree$ gens, the sa,age 6e7g7 5roDuois8 sho?s through un&ista$ably7E He beco&es still &ore un&ista$able ?hen ?e in,estigate 3urther7

For the -ree$ gens has also the 3ollo?ing characteristics: @7 0escent in the &ale line7 87 Prohibition o3 &arriage ?ithin the gens e!ce)t in the case o3 heiresses7 'his e!ce)tion, and its 3or&ulation as an ordinance, )ro,e the old rule to be ,alid7 'his is 3urther substantiated by the uni,ersally acce)ted )rinci)le that at her &arriage the ?o&an renounced the religious rites o3 her gens and ?ent o,er to those o3 her husband, being also inscribed in his )hratry7 'his custo& and a 3a&ous )assage in 0iccarchus both sho?

JJ

'he -ree$ -ens

that &arriage outside the gens ?as the rule, and 4ec$er in Hharicles directly assu&es that nobody &ight &arry ?ithin his o?n gens7 *7 'he right o3 ado)tion into the gens7 'his ?as e!ercised through ado)tion into the 3a&ily, but reDuired )ublic 3or&alities and ?as e!ce)tional7 1:7 'he right to elect chie3tains and to de)ose the&7 We $no? that e,ery gens had its archon; but it is no?here stated that the o33ice ?as hereditary in certain 3a&ilies7 =ntil the end o3 barbaris& the )robability is al?ays against strict heredity, ?hich is Duite inco&)atible ?ith conditions in ?hich rich and )oor had co&)letely eDual rights ?ithin the gens7 Got only -rote, but also Giebuhr, Mo&&sen and all the other historians o3 classical antiDuity, ha,e co&e to grie3 o,er the gens7 'hough they correctly noted &any o3 its characteristics, they al?ays too$ it to be a grou) o3 3a&ilies, thus &a$ing it i&)ossible 3or the&sel,es to understand the nature and origin o3 the gens7 =nder the gentile constitution, the 3a&ily ?as ne,er an organi1ational unit, and could not be so, 3or &an and ?i3e necessarily belonged to t?o di33erent gentes7 'he ?hole gens ?as incor)orated ?ithin the )hratry, and the ?hole )hratry ?ithin the tribe; but the 3a&ily belonged hal3 to the gens o3 the &an and hal3 to the gens o3 the ?o&an7 5n )ublic la? the state also does not recogni1e the 3a&ily; u) to this day, the 3a&ily only e!ists 3or )ri,ate la?7 (nd yet all our histories ha,e hitherto started 3ro& the absurd assu&)tion, ?hich, since the eighteenth century in )articular, has beco&e in,iolable, that the &onoga&ous single 3a&ily, ?hich is hardly older than ci,ili1ation, is the core around ?hich society and state ha,e gradually crystalli1ed7
Mr7 -rote ?ill also )lease note .Mar! thro?s in/ that though the -ree$s deri,e their gentes 3ro& &ythology, the gentes are older than the &ythology ?hich they them#elve# created ?ith all its gods and de&igods7

Morgan )re3ers to Duote -rote because he is not only an i&)ressi,e but also a trust?orthy ?itness7 -rote goes on to say that e,ery (thenian gens had a na&e deri,ed 3ro& its su))osed ancestor; that it ?as the general custo& be3ore olon, and e,en a3ter olon, in the absence o3 a ?ill, 3or the )ro)erty o3 a deceased )erson to )ass to the &e&bers o3 his gens 6gennetai8, and that in the case o3 a &urder it ?as the light and the duty, 3irst o3 the relati,es o3 the &urdered &an, then o3 the &e&bers o3 his gens, and lastly o3 his )hratry, to )rosecute the cri&inal be3ore the tribunals: C(ll that ?e hear o3 the &ost ancient (thenian la?s is based u)on the gentile and )hratric di,isions7E 6-rote78 'he descent o3 the gentes 3ro& co&&on ancestors has caused the C)edantic )hilistines,E as Mar! calls the&, a lot o3 brain-rac$ing7 (s they o3 course declare the co&&on ancestors to be )ure &yths, they are at an utter loss to e!)lain ho? the gens originated out o3 a nu&ber o3 se)arate and originally Duite unrelated 3a&ilies; yet they ha,e to )er3or& this 3eat in order to e!)lain ho? the gentes e!ist at all7 o they argue in circles, ?ith 3loods o3 ?ords, ne,er getting any 3urther than the state&ent: the ancestral tree is a 3airy tale, but the gens is a reality7 (nd 3inally -rote declares 6inter)olations by Mar!8:
We hear o3 this genealogy but rarely, because it is only brought be3ore the )ublic in certain cases )re-e&inent and ,enerable7 4ut the hu&bler gentes had their co&&on rites .this is strange, Mr7 -roteO/, and co&&on su)erhu&an ancestor and genealogy, as ?ell as the &ore celebrated .this is &ost strange, Mr7 -rote, a&ong h m1ler gentesO/: the sche&e and ideal basis .&y good sir, not ideal, but carnal, ger&anice flei#hlichO/ ?as the sa&e in all7 .Quoted by Morgan, o)7 cit7, )7 +9*7 - #d7/

Mar! su&&ari1es MorganIs re)ly to this as 3ollo?s:

C'he syste& o3 consanguinity corres)onding to the original 3or& o3 the gens and the -ree$s, li$e other &ortals, once )ossessed such a gens - )reser,ed the $no?ledge o3 the

J2

'he -ree$ -ens

&utual relations bet?een all &e&bers o3 a gens to each other7 'hey learned this, 3or the& decisi,ely i&)ortant, 3act by )ractice 3ro& early childhood7 'his 3ell into desuetude ?ith the rise o3 the &onoga&ian 3a&ily7 'he gentile na&e created a )edigree beside ?hich that o3 the indi,idual 3a&ily ?as insigni3icant7 'his na&e ?as no? to )reser,e the 3act o3 the co&&on descent o3 those ?ho bore it; but the lineage o3 the gens ?ent so 3ar that its &e&bers could no longer )ro,e the actual relationshi) e!isting bet?een the&, e!ce)t in a li&ited nu&ber o3 cases through recent co&&on ancestors7 'he na&e itsel3 ?as the e,idence o3 a co&&on descent, and conclusi,e )roo3, e!ce)t in cases o3 ado)tin7 'he actual denial o3 all $inshi) bet?een gentiles S la -rote and Geibuhr, ?hich trans3or&s teh gens into a )urely 3ictitious, 3anci3ul creation o3 the brain, is, on the other hand, ?orthy o3 Tideal; scientists, that is, o3 cloistered boo$?or&s7 4ecause concatention o3 the generations, es)ecially ?ith the inci)ience o3 &onoga&y, is re&o,ed into the distance, and the reality o3 the )ast see&s re3lected in &ythological 3antasy, the good old Philistines concluded, and still conclude, that the 3ancied genealogy created real gentesOE
(s a&ong the (&ericans, the phratry ?as a &other gens, s)lit u) into se,eral daughter gentes, and uniting the&, o3ten tracing the& all to a co&&on ancestor7 'hus, according to -rote,
Call the conte&)orary &e&bers o3 the )hratry o3 He$ataeus had a co&&on god 3or their ancestor at the si!teenth degree7E

Hence, all the gentes o3 this )hratry ?ere literally brother gentes7 'he )hratry still occurs in Ho&er as a &ilitary unit in that 3a&ous )assage ?here Gestos ad,ises (ga&e&non: 0ra? u) )eo)le by tribes and by )hratries so that )hratry &ay su))ort )hratry, and tribe tribe7 'he )hratry has 3urther the right and the duty o3 )rosecuting 3or blood-guilt incurred against a )hrator; hence in earlier ti&es it also had the obligation o3 blood re,enge7 Further, it had co&&on shrines and 3esti,als; in 3act the elaboration o3 the ?hole -ree$ &ythology out o3 the traditional old (ryan nature-cult ?as essentially conditioned by the )hratries and gentes, and too$ )lace ?ithin the&7 'he )hratry also had a chie3 6the )hratriarchos8 and, according to de Houlanges, asse&blies7 5t could )ass binding resolutions, and act as a Budicial and ad&inistrati,e body7 #,en the later state, ?hile it ignored the gens, le3t certain )ublic o33ices in the hands o3 the )hratry7 e,eral related )hratries 3or& a tribe7 5n (ttica there ?ere 3our tribes, each consisting o3 three )hratries, each )hratry nu&bering thirty gentes7 uch a rounded sy&&etry o3 grou)s )resu))oses conscious, )ur)ose3ul inter3erence ?ith the naturally de,elo)ed order7 (s to ho?, ?hen, and ?hy this occurred,7 -ree$ history is silent; the historical &e&ory o3 the -ree$s only ?ent bac$ to the heroic age7 (s the -ree$s ?ere cro?ded together in a relati,ely s&all territory, di33erences o3 dialect ?ere less de,elo)ed than in the ?ide (&erican 3orests; yet in -reece also it ?as only tribes o3 the sa&e &ain dialect that united in a larger organi1ation, and e,en (ttica, s&all as it ?as, had a dialect o3 its o?n, ?hich later, through its general use as the language o3 )rose, beca&e the do&inant dialect7 5n the Ho&eric )oe&s ?e 3ind &ost o3 the -ree$ tribes already united into s&all nations, ?ithin ?hich, ho?e,er, gentes, )hratries, and tribes retained their 3ull inde)endence7 'hey already li,ed in to?ns 3orti3ied ?ith ?alls; the )o)ulation increased ?ith the increase o3 the herds, the e!tension o3 agriculture and the beginnings o3 handicra3t7 'he di33erences in ?ealth thus beca&e &ore )ronounced, and ?ith the& the aristocratic ele&ent ?ithin the old )ri&iti,e de&ocracy7 'he ,arious s&all nations ?aged incessant ?ars 3or the )ossession o3 the best land and doubtless also 3or booty; the use o3 )risoners o3 ?ar as sla,es ?as already a recogni1ed institution7 'he constitution o3 these tribes and s&all nations ?as as 3ollo?s:

J@

'he -ree$ -ens

618 'he )er&anent authority ?as the council 6boule8, )robably co&)osed originally o3 all the chie3s o3 the gentes; later, ?hen their nu&ber beca&e too large, o3 a selection, ?hose choice )ro,ided an o))ortunity o3 e!tending and strengthening the aristocratic ele&ent7 0ionysius actually s)ea$s o3 the council in the heroic age as co&)osed o3 nobles 6$ratistoi87 'he ulti&ate decision in i&)ortant &atters rested ?ith the council7 'hus in Mschylus the council o3 'hebes &a$es ?hat is in the circu&stances the ,ital decision to gi,e #teocles an honorable burial, but to thro? out the cor)se o3 Polynices to be de,oured by dogs7 When the state ?as established, this council ?as &erged into the senate7 6+8 'he asse&bly o3 the )eo)le 6agora87 We sa? a&ong the 5roDuois ho? the )eo)le, &en and ?o&en, stood round the council ?hen it ?as holding its &eetings, inter,ening in an orderly &anner in its deliberations and thus in3luencing its decisions7 (&ong the Ho&eric -ree$s, this =&stand 6standing round8, to use an old -er&an legal e!)ression, had already de,elo)ed into a regular asse&bly o3 the )eo)le, as ?as also the case a&ong the -er&ans in )ri&iti,e ti&es7 5t ?as con,ened by the council to decide i&)ortant Duestions; e,ery &an bad the right to s)ea$7 'he decision ?as gi,en by a sho? o3 hands 6(#schylus, 'he u))liants8 or by accla&ation7 'he decision o3 the asse&bly ?as su)re&e and 3inal, 3or, says cho&ann, in 'riechi#che Altert mer,

Ci3 the &atter ?as one reDuiring the co-o)eration o3 the )eo)le 3or its e!ecution, Ho&er does not indicate any &eans by ?hich the )eo)le could be 3orced to co-o)erate against their ?ill7E
For at this ti&e, ?hen e,ery adult &ale &e&ber o3 the tribe ?as a ?arrior, there ?as as yet no )ublic )o?er se)arate 3ro& the )eo)le ?hich could ha,e been used against the )eo)le7 Pri&iti,e de&ocracy ?as still in its 3ull strength, and it is in relation to that 3act that the )o?er and the )osition both o3 the council and o3 the basileus &ust 3irst be Budged7 698 'he leader o3 the ar&y 6basileus87 Mar! &a$es the 3ollo?ing co&&ent:

#uro)ean scholars, born lac$eys &ost o3 the&, &a$e the 1a#ile # into a &onarch in the &odern sense7 Morgan, the Lan$ee re)ublican, )rotests7 %ery ironically, but truly, he says o3 the oily-tongued -ladstone and his Ku,entus Mundi:
CMr7 -ladstone, ?ho )resents to his readers the -recian chie3s o3 the heroic age as $ings and )rinces, ?ith the su)eradded Dualities o3 gentle&en, is 3orced to ad&it that Ton the ?hole ?e see& to ha,e the custo& or la? o3 )ri&ogeniture su33iciently, but not o,ershar)ly de3ined7;E "Morgan, op. cit., p. 2// $ %d.&

Mr7 -ladstone ?ill )robably agree that such an a&biguous la? o3 )ri&ogeniture &ay be Csu33iciently, but not o,ershar)ly de3inedE as being Bust as good as none at all7 5n ?hat sense the o33ices o3 sache& and chie3tain ?ere hereditary a&ong the 5roDuois and other 5ndians, ?e ha,e already seen7 (ll o33ices ?ere electi,e, generally ?ithin a gens, and to that e!tent hereditary to the gens7 5n the course o3 ti&e, )re3erence ?hen 3illing ,acancies ?as gi,en to the nearest gentile relation-brother or sisterIs son - unless there ?ere reasons 3or )assing hi& o,er7 'he 3act that a&ong the -ree$s, under 3ather-right, the o33ice o3 basileus generally )assed to the son, or one o3 the sons, only )ro,es that the )robabilities ?ere in 3a,or o3 the sons succeeding to the o33ice by )o)ular election; it is no )roo3 at all o3 legal hereditary succession ?ithout )o)ular election7 (ll that ?e ha,e here

J8

'he -ree$ -ens

is the 3irst beginnings a&ong the 5roDuois and -ree$s o3 distinct noble 3a&ilies ?ithin the gentes and, in the case o3 the -ree$s, the 3irst beginnings also o3 a 3uture hereditary leadershi) or &onarchy7 'he )robability is, there3ore, that a&ong the -ree$s the basileus had either to be elected by the )eo)le or at least con3ir&ed in his o33ice by the recogni1ed organs o3 the )eo)le, the council or agora, as ?as the case ?ith the Ao&an C$ingE 6re!87 5n the 5liad, (ga&e&non, the ruler o3 &en, does not a))ear as the su)re&e $ing o3 the -ree$s, but as su)re&e co&&ander o3 a 3ederal ar&y be3ore a besieged to?n7 5t is to this su)re&acy o3 co&&and that Odysseus, a3ter dis)utes had bro$en out a&ong the -ree$s, re3ers in a 3a&ous )assage: C#,il is the rule o3 &any; let one be co&&ander,E etc7 6'he 3a,orite line about the sce)ter is a later addition78 Odysseus is here not gi,ing a lecture on a 3or& o3 go,ern&ent, but de&anding obedience to the su)re&e co&&ander in ?ar7 ince they are a))earing be3ore 'roy only as an ar&y, the )roceedings in the agora secure to the -ree$s all necessary de&ocracy7 When (chilles s)ea$s o3 )resents < that is, the di,ision o3 the booty < he al?ays lea,es the di,ision, not to (ga&e&non or any other basileus, but to the Csons o3 the (chacans,E that is, the )eo)le7 uch e)ithets as Cdescended 3ro& Zeus,E Cnourished by Zeus,E )ro,e nothing, 3or e,ery gens is descended 3ro& a god, that o3 the leader o3 the tribe being already descended 3ro& a Csu)eriorE god, in this case Zeus7 #,en those ?ithout )ersonal 3reedo&, such as the s?ineherd #u&aecus and others, are Cdi,ineE 6dioi and theioi8, and that too in the Odyssey, ?hich is &uch later than the 5liad; and again in the Odyssey the na&e Heros is gi,en to the herald Mulius as ?ell as to the blind bard 0e&odocus7 ince, in short, council and asse&bly o3 the )eo)le 3unction together ?ith the basileus, the ?ord basileia, ?hich -ree$ ?riters e&)loy to denote the so-called Ho&eric $ingshi) 6chie3 co&&and in the ar&y being the )rinci)al characteristic o3 the o33ice8, only &eans < &ilitary de&ocracy7 6Mar!78
5n addition to his &ilitary 3unctions, the basileus also held those o3 )riest and Budge, the latter not clearly de3ined, the 3or&er e!ercised in his ca)acity as su)re&e re)resentati,e o3 the tribe or con3ederacy o3 tribes7 'here is ne,er any &ention o3 ci,il ad&inistrati,e )o?ers; he see&s, ho?e,er, to be a &e&ber o3 the council e! o33icio7 5t is there 3ore Duite correct ety&ologically to translate basileus as $ing, since $ing 6$uning8 is deri,ed 3ro& $uni, $unne, and &eans head o3 a gens7 4ut the old -ree$ basileus does not corres)ond in any ?ay to the )resent &eaning o3 the ?ord C$ing7E 'hucydides e!)ressly re3ers to the old basileia as )atri$e, i7e7 deri,ed 3ro& gentes, and says it had strictly de3ined, and there3ore li&ited, 3unctions7 (nd (ristotle says that the basileia o3 the heroic age ?as a leadershi) o,er 3ree &en and that the basileus ?as &ilitary leader, Budge and high )riest; he thus had no go,ern&ental )o?er in the later sense7 !,iii 'hus in the -ree$ constitution o3 the heroic age ?e see the old gentile order as still a li,ing 3orce7 4ut ?e also see the beginnings o3 its disintegration: 3ather-right, ?ith trans&ission o3 the )ro)erty to the children, by ?hich accu&ulation o3 ?ealth ?ithin the 3a&ily ?as 3a,ored and the 3a&ily itsel3 beca&e a )o?er as against the gens; reaction o3 the ineDuality o3 ?ealth on the constitution by the 3or&ation o3 the 3irst rudi&ents o3 hereditary nobility and &onarchy; sla,ery, at 3irst only o3 )risoners o3 ?ar, but already )re)aring the ?ay 3or the ensla,e&ent o3 3ello?-&e&bers o3 the tribe and e,en o3 the gens; the old ?ars bet?een tribe and tribe already degenerating into syste&atic )illage by land and sea 3or the acDuisition o3 cattle, sla,es and treasure, and beco&ing a regular source o3 ?ealth; in short, riches )raised and res)ected as the highest good and the old gentile order &isused to Busti3y the ,iolent sei1ure o3 riches7 Only one thing ?as ?anting: an

J*

'he -ree$ -ens

institution ?hich not only secured the ne?ly acDuired riches o3 indi,iduals against the co&&unistic traditions o3 the gentile order, ?hich not only sancti3ied the )ri,ate )ro)erty 3or&erly so little ,alued, and declared this sancti3ication to be the highest )ur)ose o3 all hu&an society; but an institution ?hich set the seal o3 general social recognition on each ne? &ethod o3 acDuiring )ro)erty and thus a&assing ?ealth at continually increasing s)eed; an institution ?hich )er)etuated, not only this gro?ing clea,age o3 society into classes, but also the right o3 the )ossessing class to e!)loit the non-)ossessing, and the rule o3 the 3or&er o,er the latter7 (nd this institution ca&e7 'he state ?as in,ented7

". The #ise of the $thenian State

Ho? the state de,elo)ed, ho? the organs o3 the gentile constitution ?ere )artly trans3or&ed in this de,elo)&ent, )artly )ushed aside by the introduction o3 ne? organs, and at last su)erseded entirely by real state authorities, ?hile the true C)eo)le in ar&s,E organi1ed 3or its sel3-de3ense in its gentes, )hratries, and tribes, ?as re)laced by an ar&ed C)ublic 3orceE in the ser,ice o3 these state authorities and there3ore at their co&&and 3or use also against the )eo)le < this )rocess, at least in its 3irst stages, can be 3ollo?ed no?here better than in ancient (thens7 'he changes in 3or& ha,e been outlined by Morgan, but their econo&ic content and cause &ust largely be added by &ysel37 5n the Heroic age the 3our tribes o3 the (thenians ?ere still settled in (ttica in se)arate territories; e,en the t?el,e )hratries co&)osing the& see& still to ha,e had distinct seats in the t?el,e to?ns o3 Hecro)s7 'he constitution ?as that o3 the heroic age: asse&bly o3 the )eo)le, council o3 the )eo)le, basileus7 (s 3ar as ?ritten history ta$es us bac$, ?e 3ind the land already di,ided u) and )ri,ately o?ned, ?hich is in accordance ?ith the relati,ely ad,anced co&&odity )roduction and the corres)onding trade in co&&odities de,elo)ed to?ards the end o3 the u))er stage o3 barbaris&7 5n addition to grain, ?ine and oil ?ere )roduced; to a continually increasing e!tent, the sea trade in the (egean ?as ca)tured 3ro& the Phoenicians, and &ost o3 it )assed into (thenian hands7 'hrough the sale and )urchase o3 land, and the )rogressi,e di,ision o3 labor bet?een agriculture and handicra3t, trade, and shi))ing, it ?as ine,itable that the &e&bers o3 the di33erent gentes, )hratries, and tribes ,ery soon beca&e inter&i!ed, and that into the districts o3 the )hratry and tribe &o,ed inhabitants, ?ho, although 3ello? country&en, did not belong to these bodies and ?ere there3ore strangers in their o?n )lace o3 do&icile7 For ?hen ti&es ?ere Duiet, each tribe and each )hratry ad&inistered its o?n a33airs ?ithout sending to (thens to consult the council o3 the )eo)le or the basileus7 4ut anyone not a &e&ber o3 the )hratry or tribe ?as, o3 course, e!cluded 3ro& ta$ing any )art in this ad&inistration, e,en though li,ing in the district7 'he s&ooth 3unctioning o3 the organs o3 the gentile constitution ?as thus thro?n so &uch out o3 gear that e,en in the heroic age re&edies had to be 3ound7 'he constitution ascribed to 'heseus ?as introduced7 'he )rinci)al change ?hich it &ade ?as to set u) a central authority in (thens < that is, )art o3 the a33airs hitherto ad&inistered by the tribes inde)endently ?ere declared co&&on a33airs and entrusted to the co&&on council sitting in (thens7 5n ta$ing this ste), the (thenians ?ent 3urther than any nati,e )eo)le o3 (&erica had e,er done: instead o3 neighboring tribes 3or&ing a si&)le con3ederacy, they 3used together into one single nation7 Hence arose a co&&on (thenian ci,il la?, ?hich stood abo,e the legal custo&s o3 the tribes and gentes7 'he (thenian citi1en, as such, acDuired de3inite rights and ne? )rotection in la? e,en on territory ?hich ?as not that o3 his tribe7 'he 3irst ste) had been ta$en to?ards under&ining the gentile constitution; 3or this ?as the 3irst ste) to the later ad&ission o3 citi1ens ?ho did not belong to any tribe in all (ttica, but ?ere, and re&ained, co&)letely outside the (thenian gentile constitution7 4y a second &easure ascribed to 'heseus, the entire )eo)le, regardless o3 gens, )hratry or tribe, ?as di,ided into three classes: eu)atridai, or nobles, geo&oroi, or 3ar&ers, and de&iourgoi, or artisans, and the right to hold o33ice ?as ,ested e!clusi,ely in the nobility7 ()art 3ro& the tenure o3 o33ices by the nobility, this di,ision re&ained ino)erati,e, as it did not create any other legal distinctions bet?een the classes7 5t is, ho?e,er, i&)ortant because it re,eals the ne? social ele&ents ?hich had been de,elo)ing unobser,ed7 5t sho?s that the custo&ary a))oint&ent o3 &e&bers o3 certain 3a&ilies to the o33ices o3 the gens had already gro?n into an al&ost uncontested right o3 these 3a&ilies to o33ice; it sho?s that these 3a&ilies, already )o?er3ul

21

Origins o3 the (thenian tate

through their ?ealth, ?ere beginning to 3or& grou)ings outside their gentes as a se)arate, )ri,ileged class, and that the state no? ta$ing 3or& sanctioned this )resu&)tion7 5t sho?s 3urther that the di,ision o3 labor bet?een )easants and artisans ?as no? 3ir&ly enough established in its social i&)ortance to challenge the old grou)ing o3 gentes and tribes7 (nd, 3inally, it )roclai&s the irreconcilable o))osition bet?een gentile society and the state; the 3irst atte&)t at 3or&ing a state consists in brea$ing u) the gentes by di,iding their &e&bers into those ?ith )ri,ileges and those ?ith none, and by 3urther se)arating the latter into t?o )roducti,e classes and thus setting the& one against the other7 'he 3urther )olitical history o3 (thens u) to the ti&e o3 olon is only i&)er3ectly $no?n7 'he o33ice o3 basileus 3ell into disuse; the )ositions at the head o3 the state ?ere occu)ied by archons elected 3ro& the nobility7 'he )o?er o3 the nobility continuously increased, until about the year 2:: 47H7 it beca&e insu))ortable7 (nd the )rinci)al &eans 3or su))ressing the co&&on liberty ?ere < &oney and usury7 'he nobility had their chie3 seat in and around (thens, ?hose &ariti&e trade, ?ith occasional )iracy still thro?n in, enriched the& and concentrated in their hands the ?ealth e!isting in the 3or& o3 &oney7 Fro& here the gro?ing &oney econo&y )enetrated li$e corrosi,e acid into the old traditional li3e o3 the rural co&&unities 3ounded on natural econo&y7 'he gentile constitution is absolutely irreconcilable ?ith &oney econo&y; the ruin o3 the (ttic s&all 3ar&ers coincided ?ith the loosening o3 the old gentile bonds ?hich e&braced and )rotected the&7 'he debtor(;s bond and the lien on )ro)erty 63or already the (thenians had in,ented the &ortgage also8 res)ected neither gens nor )hratry, ?hile the old gentile constitution, 3or its )art, $ne? neither &oney nor ad,ances o3 &oney nor debts in &oney7 Hence the &oney rule o3 the aristocracy no? in 3ull 3lood o3 e!)ansion also created a ne? custo&ary la? to secure the creditor against the debtor and to sanction the e!)loitation o3 the s&all )easant by the )ossessor o3 &oney7 (ll the 3ields o3 (ttica ?ere thic$ ?ith &ortgage colu&ns bearing inscri)tions stating that the land on ?hich they stood ?as &ortgaged to such and such 3or so and so &uch7 'he 3ields not so &ar$ed had 3or the &ost )art already been sold on account o3 un)aid &ortgages or interest, and had )assed into the o?nershi) o3 the noble usurer; the )easant could count hi&sel3 luc$y i3 he ?as allo?ed to re&ain on the land as a tenant and li,e on one-si!th o3 the )roduce o3 his labor, ?hile he )aid 3i,e-si!ths to his ne? &aster as rent7 (nd that ?as not all7 53 the sale o3 the land did not co,er the debt, or i3 the debt had been contracted ?ithout any security, the debtor, in order to &eet his creditorIs clai&s, had to sell his children into sla,ery abroad7 Hhildren sold by their 3ather < such ?as the 3irst 3ruit o3 3ather-right and &onoga&yO (nd i3 the blood-suc$er ?as still not satis3ied, he could sell the debtor hi&sel3 as a sla,e7 'hus the )leasant da?n o3 ci,ili1ation began 3or the (thenian )eo)le7 For&erly, ?hen the conditions o3 the )eo)le still corres)onded to the gentile constitution, such an u)hea,al ?as i&)ossible; no? it had ha))ened < nobody $ne? ho?7 >et us go bac$ 3or a &o&ent to our 5roDuois, a&ongst ?ho& the situation no? con3ronting the (thenians, ?ithout their o?n doing, so to s)ea$, and certainly against their ?ill, ?as inconcei,able7 'heir &ode o3 )roducing the necessities o3 li3e, un,arying 3ro& year to year, could ne,er generate such con3licts as ?ere a))arently 3orced on the (thenians 3ro& ?ithout; it could ne,er create an o))osition o3 rich and )oor, o3 e!)loiters and e!)loited7 'he 5roDuois ?ere still ,ery 3ar 3ro& controlling nature, but ?ithin the li&its i&)osed on the& by natural 3orces they did control their o?n )roduction7 ()art 3ro& bad har,ests in their s&all gardens, the e!haustion o3 the stoc$s o3 3ish in their la$es and ri,ers or o3 the ga&e in their ?oods, they $ne? ?hat results they could e!)ect, &a$ing their li,ing as they did7 'he certain result ?as a li,elihood, )lenti3ul or scanty; but one result there could ne,er be < social u)hea,als that no one had e,er intended, sundering o3 the gentile bonds, di,ision o3 gens and tribe into t?o o))osing and ?arring classes7 Production ?as li&ited in the e!tre&e, but < the )roducers controlled their )roduct7 'hat ?as the i&&ense ad,antage o3 barbarian )roduction, ?hich ?as lost ?ith the co&ing o3 ci,ili1ation; to reconDuer it, but on the

2+

Origins o3 the (thenian tate

basis o3 the gigantic control o3 nature no? achie,ed by &an and o3 the 3ree association no? &ade )ossible, ?ill be the tas$ o3 the ne!t generations7 Got so a&ong the -ree$s7 'he rise o3 )ri,ate )ro)erty in herds and articles o3 lu!ury led to e!change bet?een indi,iduals, to the trans3or&ation o3 )roducts into co&&odities7 (nd here lie the seeds o3 the ?hole subseDuent u)hea,al7 When the )roducers no longer directly consu&ed their )roduct the&sel,es, but let it )ass out o3 their hands in the act o3 e!change, they lost control o3 it7 'hey no longer $ne? ?hat beca&e o3 it; the )ossibility ?as there that one day it ?ould be used against the )roducer to e!)loit and o))ress hi&7 For this reason no society can )er&anently retain the &astery o3 its o?n )roduction and the control o,er the social e33ects o3 its )rocess o3 )roduction unless it abolishes e!change bet?een indi,iduals7 4ut the (thenians ?ere soon to learn ho? ra)idly the )roduct asserts its &astery o,er the )roducer ?hen once e!change bet?een indi,iduals has begun and )roducts ha,e been trans3or&ed into co&&odities7 With the co&ing o3 co&&odity )roduction, indi,iduals began to culti,ate the soil on their o?n account, ?hich soon led to indi,idual o?nershi) o3 land7 Money 3ollo?ed, the general co&&odity ?ith ?hich all others 1:1 ?ere e!changeable7 4ut ?hen &en in,ented &oney, they did not thin$ that they ?ere again creating a ne? social )o?er, the one general )o?er be3ore ?hich the ?hole o3 society &ust bo?7 (nd it ?as this ne? )o?er, suddenly s)rung to li3e ?ithout $no?ledge or ?ill o3 its creators, ?hich no?, in all the brutality o3 its youth, ga,e the (thenians the 3irst taste o3 its &ight7 What ?as to be doneN 'he old gentile constitution had not only sho?n itsel3 )o?erless be3ore the triu&)hal &arch o3 &oney; it ?as absolutely inca)able o3 3inding any )lace ?ithin its 3ra&e?or$ 3or such things as &oney, creditors, debtors, and 3orcible collection o3 debts7 4ut the ne? social )o?er ?as there; )ious ?ishes, and yearning 3or the return o3 the good old days ?ould not dri,e &oney and usury out o3 the ?orld7 Further, a nu&ber o3 &inor breaches had also been &ade in the gentile constitution7 (ll o,er (ttica, and es)ecially in (thens itsel3, the &e&bers o3 the di33erent gentes and )hratries beca&e still &ore indiscri&inately &i!ed ?ith e,ery generation, although e,en no? an (thenian ?as only allo?ed to sell land outside his gens, not the house in ?hich he li,ed7 'he di,ision o3 labor bet?een the di33erent branches o3 )roduction < agriculture, handicra3ts 6in ?hich there ?ere again innu&erable subdi,isions8, trade, shi))ing, and so 3orth < had been carried 3urther ?ith e,ery ad,ance o3 industry and co&&erce; the )o)ulation ?as no? di,ided according to occu)ation into 3airly )er&anent grou)s, each ?ith its ne? co&&on interests; and since the gens and the )hratry &ade no )ro,ision 3or dealing ?ith the&, ne? o33ices had to be created7 'he nu&ber o3 sla,es had increased considerably, and e,en at that ti&e &ust ha,e 3ar e!ceeded the nu&ber o3 3ree (thenians; the gentile constitution originally $ne? nothing o3 sla,ery and there3ore had no &eans o3 $ee)ing these &asses o3 bonds&en in order7 Finally, trade had brought to (thens a nu&ber o3 3oreigners ?ho settled there on account o3 the greater 3acilities o3 &a$ing &oney; they also could clai& no rights or )rotection under the old constitution; and, though they ?ere recei,ed ?ith traditional tolerance, they re&ained a disturbing and alien body a&ong the )eo)le7 5n short, the end o3 the gentile constitution ?as a))roaching7 ociety ?as outgro?ing it &ore e,ery day; e,en the ?orst e,ils that had gro?n u) under its eyes ?ere beyond its )o?er to chec$ or re&o,e7 4ut in the &eanti&e the state had Duietly been de,elo)ing7 'he ne? grou)s 3or&ed by the di,ision o3 labor, 3irst bet?een to?n and country, then bet?een the di33erent branches o3 to?n labor, had created ne? organs to loo$ a3ter their interests; o33icial )osts o3 all $inds had been set u)7 (nd abo,e e,erything else the young state needed a )o?er o3 its o?n, ?hich in the case o3 the sea3aring (thenians could at 3irst only be a na,al )o?er, 3or the )ur)ose o3 carrying on s&all ?ars and )rotecting its &erchant shi)s7 (t so&e un$no?n date be3ore olon, the nau$rariai ?ere set u), s&all territorial districts, t?el,e to each tribe; each nau$ratia had to )ro,ide, eDui) and &an a ?arshi) and also contribute t?o horse&en7 'his institution ?as a t?o3old attac$ on the gentile constitution7 5n the 3irst )lace, it created a )ublic 3orce ?hich ?as no? no longer si&)ly

29

Origins o3 the (thenian tate

identical ?ith the ?hole body o3 the ar&ed )eo)le; secondly, 3or the 3irst ti&e it di,ided the )eo)le 3or )ublic )ur)oses, not by grou)s o3 $inshi), but by co&&on )lace o3 residence7 We shall see the signi3icance o3 this7 'he gentile constitution being inca)able o3 bringing hel) to the e!)loited )eo)le, there re&ained only the gro?ing state7 (nd the state brought the& its hel) in the 3or& o3 the constitution o3 olon, thereby strengthening itsel3 again at the e!)ense o3 the old constitution7 olon < the &anner in ?hich his re3or&, ?hich belongs to the year J*4 47H7, ?as carried through does not concern us here < o)ened the series o3 so-called )olitical re,olutions; and he did so ?ith an attac$ on )ro)erty7 (ll re,olutions hitherto ha,e been re,olutions to )rotect one $ind o3 )ro)erty against another $ind o3 )ro)erty7 'hey cannot )rotect the one ?ithout ,iolating the other7 5n the great French Ae,olution 3eudal )ro)erty ?as sacri3iced to sa,e bourgeois )ro)erty; in that o3 olon, the )ro)erty o3 the creditors had to su33er 3or the bene3it o3 the )ro)erty o3 the debtors7 'he debts ?ere si&)ly declared ,oid7 We do not $no? the e!act details, but in his )oe&s olon boasts o3 ha,ing re&o,ed the &ortgage colu&ns 3ro& the 3ields and brought bac$ all the )eo)le ?ho had 3led or been sold abroad on account o3 debt7 'his ?as only )ossible by o)en ,iolation o3 )ro)erty7 (nd, in 3act, 3ro& the 3irst to the last, all so-called )olitical re,olutions ha,e been &ade to )rotect )ro)erty < o3 one $ind; and they ha,e been carried out by con3iscating, also called stealing, )ro)erty < o3 another $ind7 'he )lain truth is that 3or t?o and a hal3 thousand years it has been )ossible to )reser,e )ri,ate )ro)erty only by ,iolating )ro)erty7 4ut no? the need ?as to )rotect the 3ree (thenians against the return o3 such sla,ery7 'he 3irst ste) ?as the introduction o3 general &easures < 3or e!a&)le, the )rohibition o3 debt contracts )ledging the )erson o3 the debtor7 Further, in order to )lace at least so&e chec$ on the nobles; ra,ening hunger 3or the land o3 the )easants, a &a!i&u& li&it ?as 3i!ed 3or the a&ount o3 land that could be o?ned by one indi,idual7 'hen changes ?ere &ade in the constitution, o3 ?hich the &ost i&)ortant 3or us are the 3ollo?ing: 'he council ?as raised to 3our hundred &e&bers, one hundred 3or each tribe; here, there3ore, the tribe ?as still ta$en as basis7 4ut that ?as the one and only 3eature o3 the ne? state incor)orating anything 3ro& the old constitution7 For all other )ur)oses olon di,ided the citi1ens into 3our classes according to their )ro)erty in land and the a&ount o3 its yield: 3i,e hundred, three hundred and one hundred 3i3ty &edi&ni o3 grain 6one &edi&nus eDuals about 1712 bushels8 ?ere the &ini&u& yields 3or the 3irst three classes; those ?ho o?ned less land or none at all ?ere )laced in the 3ourth class7 (ll o33ices could be 3illed only 3ro& the three u))er classes, and the highest o33ices only 3ro& the 3irst7 'he 3ourth class only had the right to s)ea$ and ,ote in the asse&bly o3 the )eo)le; but it ?as in this asse&bly that all o33icers ?ere elected, here they had to render their account, here all la?s ?ere &ade; and here the 3ourth class 3or&ed the &aBority7 'he )ri,ileges o3 the aristocracy ?ere )artially rene?ed in the 3or& o3 )ri,ileges o3 ?ealth, but the )eo)le retained the decisi,e )o?er7 Further, the 3our classes 3or&ed the basis o3 a ne? &ilitary organi1ation7 'he 3irst t?o classes )ro,ided the ca,alry; the third had to ser,e as hea,y in3antry; the 3ourth ser,ed either as light in3antry ?ithout ar&or or in the 3leet, 3or ?hich they )robably recei,ed ?ages7 ( co&)letely ne? ele&ent is thus introduced into the constitution: )ri,ate o?nershi)7 (ccording to the si1e o3 their )ro)erty in land, the rights and duties o3 the citi1ens o3 the state are no? assessed, and in the sa&e degree to ?hich the classes based on )ro)erty gain in3luence, the old grou)s o3 blood relationshi) lose it; the gentile constitution had su33ered a ne? de3eat7 Ho?e,er, the assess&ent o3 )olitical rights on a )ro)erty basis ?as not an institution indis)ensable to the e!istence o3 the state7 5n s)ite o3 the great )art it has )layed in the constitutional history o3 states, ,ery &any states, and )recisely those &ost highly de,elo)ed, ha,e not reDuired it7 5n (thens also its role ?as only te&)orary; 3ro& the ti&e o3 (ristides all o33ices ?ere o)en to e,ery citi1en7

24

Origins o3 the (thenian tate

0uring the ne!t eighty years (thenian society gradually sha)ed the course along ?hich it de,elo)ed in the 3ollo?ing centuries7 =sury on the security o3 &ortgaged land, ?hich had been ra&)ant in the )eriod be3ore olon, had been curbed, as had also the inordinate concentration o3 )ro)erty in land7 Ho&&erce and handicra3ts, including artistic handicra3ts, ?hich ?ere being increasingly de,elo)ed on a large scale by the use o3 sla,e labor, beca&e the &ain occu)ations7 (thenians ?ere gro?ing &ore enlightened7 5nstead o3 e!)loiting their 3ello? citi1ens in the old brutal ?ay, they e!)loited chie3ly the sla,es and the non-(thenian custo&ers7 Mo,able )ro)erty, ?ealth in the 3or& o3 &oney, o3 sla,es and shi)s, continually increased, but it ?as no longer a &ere &eans to the acDuisition o3 landed )ro)erty, as in the old slo? days: it had beco&e an end in itsel37 On the one hand the old )o?er o3 the aristocracy no? had to contend ?ith success3ul co&)etition 3ro& the ne? class o3 rich industrialists and &erchants; but, on the other hand, the ground ?as also cut a?ay 3ro& beneath the last re&ains o3 the old gentile constitution7 'he gentes, )hratries, and tribes, ?hose &e&bers ?ere no? scattered o,er all (ttica and thoroughly inter&i!ed, had thus beco&e useless as )olitical bodies; nu&bers o3 (thenian citi1ens did not belong to any gens at all; they ?ere i&&igrants, ?ho had indeed acDuired rights o3 citi1enshi), but had not been ado)ted into any o3 the old $inshi) organi1ations; in addition, there ?as the steadily increasing nu&ber o3 3oreign i&&igrants ?ho only had rights o3 )rotection7 Mean?hile, the 3ights ?ent on bet?een )arties; the nobility tried to ?in bac$ their 3or&er )ri,ileges and 3or a &o&ent regained the u))er hand, until the re,olution o3 Hleisthenes 6J:* 47H78 o,erthre? the& 3inally, but ?ith the& also the last re&nants o3 the gentile constitution7 5n his ne? constitution, Hleisthenes ignored the 3our old tribes 3ounded on gentes and )hratries7 5n their )lace a))eared a co&)letely ne? organi1ation on the basis o3 di,ision o3 the citi1ens &erely according to their )lace o3 residence, such as had been already atte&)ted in the nau$rariai7 Only do&icile ?as no? decisi,e, not &e&bershi) o3 a $inshi) grou)7 Got the )eo)le, but the territory ?as no? di,ided: the inhabitants beca&e a &ere )olitical a))endage o3 the territory7 'he ?hole o3 (ttica ?as di,ided into one hundred co&&unal districts, called Cde&es,E each o3 ?hich ?as sel3-go,erning7 'he citi1ens resident in each de&e 6de&otes8 elected their )resident 6de&arch8 and treasurer, as ?ell as thirty Budges ?ith Burisdiction in &inor dis)utes7 'hey ?ere also gi,en their o?n te&)le and )atron di,inity or hero, ?hose )riests they elected7 u)re&e )o?er in the de&e ?as ,ested in the asse&bly o3 the de&otes7 (s Morgan rightly obser,es, here is the )rototy)e o3 the sel3-go,erning (&erican to?nshi)7 'he &odern state, in its highest de,elo)&ent, ends in the sa&e unit ?ith ?hich the rising state in (thens began7 'en o3 these units 6de&es8 3or&ed a tribe, ?hich, ho?e,er, is no? $no?n as a local tribe to distinguish it 3ro& the old tribe o3 $inshi)7 'he local tribe ?as not only a sel3-go,erning )olitical body, but also a &ilitary body; it elected its )hylarch, or tribal chie3, ?ho co&&anded the ca,alry, the ta!iarch co&&anding the in3antry, and the strategos, ?ho ?as in co&&and o,er all the 3orces raised in the tribal area7 5t 3urther )ro,ided 3i,e ?arshi)s ?ith their cre?s and co&&anders, and recei,ed as )atron deity an (ttic hero, a3ter ?ho& it ?as na&ed7 >astly, it elected 3i3ty councilors to the (thenian council7 (t the su&&it ?as the (thenian state, go,erned by the council co&)osed o3 the 3i,e hundred councilors elected by the ten tribes, and in the last instance by the asse&bly o3 the )eo)le, at ?hich e,ery (thenian citi1en had the right to attend and to ,ote; archons and other o33icials &anaged the ,arious de)art&ents o3 ad&inistration and Bustice7 5n (thens there ?as no su)re&e o33icial ?ith e!ecuti,e )o?er7 'hrough this ne? constitution and the ad&ission to ci,il rights o3 a ,ery large nu&ber o3 )rotected )ersons, )artly i&&igrants, )artly 3reed sla,es, the organs o3 the gentile constitution ?ere 3orced out o3 )ublic a33airs; they san$ to the le,el o3 )ri,ate associations and religious bodies7 4ut the &oral in3luence o3 the old gentile )eriod and its traditional ?ays o3 thought ?ere

2J

Origins o3 the (thenian tate

still handed do?n 3or a long ti&e to co&e, and only died out gradually7 We 3ind e,idence o3 this in another state institution7 We sa? that an essential characteristic o3 the state is the e!istence o3 a )ublic 3orce di33erentiated 3ro& the &ass o3 the )eo)le7 (t this ti&e, (thens still had only a )eo)le;s ar&y and a 3leet )ro,ided directly by the )eo)le; ar&y and 3leet ga,e )rotection against e!ternal ene&ies and $e)t in chec$ the sla,es, ?ho already 3or&ed the great &aBority o3 the )o)ulation7 5n relation to the citi1ens, the )ublic )o?er at 3irst e!isted only in the 3or& o3 the )olice 3orce, ?hich is as old as the state itsel3; 3or ?hich reason the nai,e French o3 the eighteenth century did not s)ea$ o3 ci,ili1ed )eo)les, but o3 )oliced )eo)les 6nations )olicees87 'he (thenians then instituted a )olice 3orce si&ultaneously ?ith their state, a ,eritable gendar&erie o3 bo?&en, 3oot and &ounted >andBUger .the countryIs hunters/ as they call the& in outh -er&any and ?it1erland7 4ut this gendar&erie consisted o3 sla,es7 'he 3ree (thenian considered )olice duty so degrading that he ?ould rather be arrested by an ar&ed sla,e than hi&sel3 ha,e any hand in such des)icable ?or$7 'hat ?as still the old gentile s)irit7 'he state could not e!ist ?ithout )olice, but the state ?as still young and could not yet ins)ire enough &oral res)ect to &a$e honorable an occu)ation ?hich, to the older &e&bers o3 the gens, necessarily a))eared in3a&ous7 Go? co&)lete in its &ain 3eatures, the state ?as )er3ectly ada)ted to the ne? social conditions o3 the (thenians, as is sho?n by the ra)id gro?th o3 ?ealth, co&&erce, and industry7 'he class o))osition on ?hich the social and )olitical institutions rested ?as no longer that o3 nobility and co&&on )eo)le, but o3 sla,es and 3ree &en, o3 )rotected )ersons and citi1ens7 (t the ti&e o3 their greatest )ros)erity, the entire 3ree-citi1en )o)ulation o3 (thens, ?o&en and children included, nu&bered about ninety thousand; besides the& there ?ere three hundred and si!ty-3i,e thousand sla,es o3 both se!es and 3orty-3i,e thousand )rotected )ersons - aliens and 3reed&en7 'here ?ere there3ore at least eighteen sla,es and &ore than t?o )rotected )ersons to e,ery adult &ale citi1en7 'he reason 3or the large nu&ber o3 sla,es ?as that &any o3 the& ?or$ed together in &anu3actories, in large roo&s, under o,erseers7 4ut ?ith the de,elo)&ent o3 co&&erce and industry ?ealth ?as accu&ulated and concentrated in a 3e? hands, and the &ass o3 the 3ree citi1ens ?ere i&)o,erished7 'heir only alternati,es ?ere to co&)ete against sla,e labor ?ith their o?n labor as handicra3ts&an, ?hich ?as considered base and ,ulgar and also o33ered ,ery little )ros)ect o3 success, or to beco&e social scra)7 Gecessarily, in the circu&stances, they did the latter, and, as they 3or&ed the &aBority, they thereby brought about the do?n3all o3 the ?hole (thenian state7 'he do?n3all o3 (thens ?as not caused by de&ocracy, as the #uro)ean lic$s)ittle historians assert to 3latter their )rinces, but by sla,ery, ?hich banned the labor o3 3ree citi1ens7 'he rise o3 the state a&ong the (thenians is a )articularly ty)ical e!a&)le o3 the 3or&ation o3 a state; 3irst, the )rocess ta$es )lace in a )ure 3or&, ?ithout any inter3erence through use o3 ,iolent 3orce, either 3ro& ?ithout or 3ro& ?ithin 6the usur)ation by Pisistratus le3t no trace o3 its short duration8; second, it sho?s a ,ery highly de,elo)ed 3or& o3 state, the de&ocratic re)ublic, arising directly out o3 gentile society; and lastly ?e are su33iciently acDuainted ?ith all the essential details7

"I. The

ens and the State in #ome

(ccording to the legendary account o3 the 3oundation o3 Ao&e, the 3irst settle&ent ?as established by a nu&ber o3 >atin gente# !i! 6one hundred, says the legend8, ?ho ?ere united in a tribe; these ?ere soon Boined by a abellian tribe, also said to ha,e nu&bered a hundred gentes, and lastly by a third tribe o3 &i!ed ele&ents, again said to ha,e been co&)osed o3 a hundred gentes7 'he ?hole account re,eals at the 3irst glance that ,ery little ?as still )ri&iti,e here e!ce)t the gens, and that e,en it ?as in so&e cases only an o33shoot 3ro& a &other gens still e!isting in its original ho&e7 'he tribes clearly bear the &ar$ o3 their arti3icial co&)osition, e,en though they are generally co&)osed out o3 related ele&ents and a3ter the )attern o3 the old tribe, ?hich ?as not &ade but gre?; it is, ho?e,er, not an i&)ossibility that the core o3 each o3 the three tribes ?as a genuine old tribe7 'he inter&ediate grou), the )hratry, consisted o3 ten gentes and ?as called a curia; there ?ere there3ore thirty curiae7 'he Ao&an gens is recogni1ed to be the sa&e institution as the -ree$ gens; and since the -ree$ gens is a 3urther de,elo)&ent o3 the social unit ?hose original 3or& is 3ound a&ong the (&erican 5ndians, this, o3 course, holds true o3 the Ao&an gens also7 Here there3ore ?e can be &ore brie37 'he Ao&an gens, at least in the earliest ti&es o3 Ao&e, had the 3ollo?ing constitution: 17 Mutual right o3 inheritance a&ong gentile &e&bers; the )ro)erty re&ained ?ithin the gens7 ince 3ather-right already )re,ailed in the Ao&an gens as in the -ree$, descendants in the 3e&ale line ?ere e!cluded7 (ccording to the >a? o3 the '?el,e 'ables, the oldest ?ritten Ao&an la? $no?n to us, the children, as natural heirs, had the 3irst title to the estate; in de3ault o3 children, then the agnates 6descendants in the &ale line8; in de3ault o3 agnates, the gentiles7 5n all cases the )ro)erty re&ained ?ithin the gens7 Here ?e see gentile custo& gradually being )enetrated by the ne? legal )ro,isions s)ringing 3ro& increased ?ealth and &onoga&y: the original eDual right o3 inheritance o3 all &e&bers o3 the gens is 3irst restricted in )ractice to the agnates-)robably ,ery early, as already &entioned -- 3inally, to the children and their issue in the &ale line; in the '?el,e 'ables this a))ears, o3 course, in the re,erse order7 +7 Possession o3 a co&&on burial )lace7 On their i&&igration to Ao&e 3ro& Aegilli, the )atrician gens o3 the Hlaudii recei,ed a )iece o3 land 3or their o?n use and also a co&&on burial )lace in the to?n7 #,en in the ti&e o3 (ugustus, the head o3 %arus, ?ho had 3allen in the battle o3 the 'eutoburg Forest, ?as brought to Ao&e and interred in the gentilitius tu&ulusi the gens 6Quinctilia8 there3ore still had its o?n burial &ound7 97 Ho&&on religious rites7 'hese, the sacra gentilitia, are ?ell $no?n7 47 Obligation not to &arry ?ithin the gens7 'his see&s ne,er to ha,e beco&e ?ritten la? in Ao&e, but the custo& )ersisted7 O3 all the countless Ao&an &arried cou)les ?hose na&es ha,e been )reser,ed, there is not one ?here husband and ?i3e ha,e the sa&e gentile na&e7 'he la? o3 inheritance also )ro,es the obser,ance o3 this rule7 'he ?o&an loses her agnatic rights on &arriage and lea,es her gens; neither she nor her children can inherit 3ro& her 3ather or his brothers, because other?ise the inheritance ?ould be lost to the 3ather;s gens7 'here is no sense in this rule unless a ?o&an &ay not &arry a &e&ber o3 her o?n gens7 J7 Ho&&on land7 5n )ri&iti,e ti&es the gens had al?ays o?ned co&&on land, e,er since the tribal land began to be di,ided u)7 (&ong the >atin tribes, ?e 3ind the land )artly in the )ossession o3 the tribe, )artly o3 the gens, and )artly o3 the households, ?hich at that

2@

'he -ens and the tate in Ao&e

ti&e can hardly ha,e been single 3a&ilies7 Ao&ulus is said to ha,e &ade the 3irst allot&ents o3 land to indi,iduals, about t?o and one-hal3 acres 6t?o Bugera8 to a )erson7 4ut later ?e still 3ind land o?ned by the gentes, to say nothing o3 the state land, round ?hich the ?hole internal history o3 the re)ublic centers7 27 Obligation o3 &utual )rotection and hel) a&ong &e&bers o3 the gens7 Only ,estiges re&ain in ?ritten history; 3ro& the ,ery start the Ao&an state &ade its su)erior )o?er so &ani3est that the right o3 )rotection against inBury )assed into its hands7 When ())ius Hlaudius ?as arrested, the ?hole o3 his gens, e,en those ?ho ?ere his )ersonal ene&ies, )ut on &ourning7 (t the ti&e o3 the second Punic ?ar the gentes Boined together to ranso& their &e&bers ?ho had been ta$en )risoner; the senate )rohibited the& 3ro& doing so7 @7 Aight to bear the gentile na&e7 Persisted till the ti&e o3 the e&)erors; 3reed&en ?ere allo?ed to use the gentile na&e o3 their 3or&er &aster, but ?ithout gentile rights7 87 Aight to ado)t strangers into the gens7 'his ?as done through ado)tion into a 3a&ily 6as a&ong the 5ndians8, ?hich carried ?ith it acce)tance into the gens7 *7 'he right to elect the chie3 and to de)ose hi& is no?here &entioned7 4ut since in the earliest days o3 Ao&e all o33ices ?ere 3illed by election or no&ination, 3ro& the elected $ing do?n?ards, and since the )riests o3 the curiae ?ere also elected by the curiae the&sel,es, ?e &ay assu&e the sa&e )rocedure 3or the )residents 65ncises8 o3 the gentes ho?e,er 3ir&ly established the election 3ro& one and the sa&e 3a&ily ?ithin the gens &ay ha,e already beco&e7 uch ?ere the rights o3 a Ao&an gens7 ()art 3ro& the already co&)leted transition to 3atherright, they are the )er3ect counter)art o3 the rights and duties in an 5roDuois gens; here again Cthe 5roDuois sho?s through un&ista$ablyE 6)7 *:87 'he con3usion that still e!ists today, e,en a&ong our leading historians, on the subBect o3 the Ao&an gens, &ay be illustrated by one e!a&)le7 5n his )a)er on Ao&an 3a&ily na&es in the )eriod o3 the Ae)ublic and o3 (ugustus 6 Romi#che For#ch ngen, 4erlin, 1824, %ol7 5, ))7 8-118 Mo&&sen ?rites: 'he gentile na&e belongs to all the &ale &e&bers o3 the gens, e!cluding, o3 course,
the sla,es, but including ado)ted and )rotected )ersons; it belongs also to the ?o&en7777 'he tribe .as Mo&&sen here translates gens/ is777 a co&&unal entity, deri,ed 3ro& co&&on lineage 6real, su))osed or e,en )retended8 and united by co&&unal 3esti,ities, burial rites and la?s o3 inheritance; to it all )ersonally 3ree indi,iduals, and there3ore all ?o&en also, &ay and &ust belong7 4ut it is di33icult to deter&ine ?hat gentile na&e ?as borne by &arried ?o&en7 o long as the ?o&an &ay only &arry a &e&ber o3 her o?n gens, this )roble& does not arise; and there is e,idence that 3or a long )eriod it ?as &ore di33icult 3or ?o&en to &arry outside than inside the gens; 3or instance, so late as the si!th century .47H7/ the right o3 gentis enu)tio 6&arriage outside the gens8 ?as a )ersonal )ri,ilege, conceded as a re?ard7777 4ut ?hen such &arriages outside the tribe too$ )lace, the ?i3e, in earliest ti&es, &ust thereby ha,e gone o,er to her husbandIs tribe7 Gothing is &ore certain than that the ?o&an, in the old religious &arriage, enters co&)letely into the legal and sacra&ental bonds o3 her husbandIs co&&unity and lea,es her o?n7 #,eryone $no?s that the &arried ?o&an 3or3eits the right o3 inheritance and beDuest in relation to &e&bers o3 her o?n gens but shares rights o3 inheritance ?ith her husband and children and the &e&bers o3 their gens7 (nd i3 she is ado)ted by her husband and ta$en into his 3a&ily, ho? can she re&ain a)art 3ro& his gensN

Mo&&sen there3ore &aintains that the Ao&an ?o&en ?ho belonged to a gens had originally been )er&itted to &arry only ?ithin the gens, that the gens had there3ore been endoga&ous, not e!oga&ous7 'his ,ie?, ?hich is in contradiction to all the e,idence 3ro& other )eo)les, rests chie3ly, i3 not e!clusi,ely, on one &uch dis)uted )assage 3ro& >i,y 64oo$ VVV5V, Hh7 1*8,

28

'he -ens and the tate in Ao&e

according to ?hich the senate in the year J28 a3ter the 3oundation o3 the city, or 182 47H7, decreed: C=ti Feceniae His)alae datio de&inutio gentis enu)tio tutoris o)tio ite& esset, Duasi ei ,ir testa&ents dedisset; utiDue ei ingenuo nubere liceret, neu Duid ei Dui ea& du!isset ob id 3raudi igno&inia,e esseeE < that Fecenia His)ala shall ha,e the right to dis)ose o3 her )ro)erty, to decrease it, to &arry outside the gens, and to choose 3or hersel3 a guardian, e!actly as i3 her 6deceased8 husband had con3erred this right on her by testa&ent; that she &ay &arry a 3ree&an, and that the &an ?ho ta$es her to ?i3e shall not be considered to ha,e co&&itted a ?rong3ul or sha&e3ul act thereby7 Without a doubt, Fecenia, a 3reed?o&an, is here granted the right to &arry outside the gens7 (nd eDually ?ithout a doubt the husband )ossessed the right, according to this )assage, to beDueath to his ?i3e by ?ill the right to &arry outside the gens a3ter his death7 4ut outside ?hich gensN 53 the ?o&an had to &arry ?ithin her gens, as Mo&&sen assu&es, she re&ained ?ithin this gens also a3ter her &arriage7 4ut in the 3irst )lace the endoga&ous character o3 the gens ?hich is here asserted is )recisely ?hat has to be )ro,ed7 (nd, secondly, i3 the ?i3e had to &arry ?ithin the gens, then, o3 course, so had the &an, 3or other?ise he could not get a ?i3e7 o ?e reach the )osition that the &an could beDueath to his ?i3e by ?ill a right ?hich he hi&sel3, and 3or hi&sel3, did not )ossess; ?e arri,e at a legal absurdity7 Mo&&sen also 3eels this, and hence &a$es the assu&)tion: CFor a la?3ul &arriage outside the gens, it ?as )robably necessary to ha,e the consent, not only o3 the chie3, but o3 all &e&bers o3 the gens7E 'hat is a ,ery bold assu&)tion in the 3irst )lace, and, secondly, it contradicts the clear ?ording o3 the )assage7 'he senate grants her this right in the )lace o3 her husband; it grants her e!)ressly neither &ore nor less than her husband could ha,e granted her, but ?hat it grants her is an absolute right, conditional u)on no other restriction7 'hus it is )ro,ided that i3 she &a$es use o3 this right, her ne? husband also shall not su33er any disability7 'he senate e,en directs the )resent and 3uture consuls and )raetors to see to it that no inBurious conseDuences to her 3ollo?7 Mo&&sen;s assu&)tion there3ore see&s to be co&)letely inad&issible7 Or assu&e that the ?o&an &arried a &an 3ro& another gens, but hersel3 re&ained in the gens into ?hich she had been born7 'hen, according to the abo,e )assage, the &an ?ould ha,e had the right to allo? his ?i3e to &arry outside her o?n gens7 'hat is, he ?ould ha,e had the right to &a$e dis)ositions in the a33airs o3 a gens to ?hich he did not e,en belong7 'he thing is so )atently absurd that ?e need ?aste no &ore ?ords on it7 Hence there only re&ains the assu&)tion that in her 3irst &arriage the ?o&an &arried a &an 3ro& another gens, and thereby i&&ediately entered the gens o3 her husband, ?hich Mo&&sen hi&sel3 actually ad&its to ha,e been the )ractice ?hen the ?o&an &arried outside her gens7 'hen e,erything at once beco&es clear7 e,ered 3ro& her old gens by her &arriage and acce)ted into the gentile grou) o3 her husband, the ?o&an occu)ies a )eculiar )osition in her ne? gens7 he is, indeed, a &e&ber o3 the gens, but not related by blood7 4y the &ere &anner o3 her acce)tance as a gentile &e&ber, she is entirely e!cluded 3ro& the )rohibition against &arrying ?ithin the gens, 3or she has Bust &arried into it; 3urther, she is acce)ted as one o3 the &arried &e&bers o3 the gens, and on her husband;s death inherits 3ro& his )ro)erty, the )ro)erty o3 a gentile &e&ber7 What is &ore natural than that this )ro)erty should re&ain ?ithin the gens and that she should there3ore be obliged to &arry a &e&ber o3 her husband;s gens and nobody elseN (nd i3 an e!ce)tion is to be &ade, ?ho is so co&)etent to gi,e her the necessary authori1ation as the &an ?ho has beDueathed her this )ro)erty, her 3irst husbandN (t the &o&ent ?hen he beDueaths to her a )art o3 his )ro)erty and at the sa&e ti&e allo?s her to trans3er it into another gens through &arriage or in conseDuence o3 &arriage, this )ro)erty still belongs to hi& and he is there3ore literally dis)osing o3 his o?n )ro)erty7 (s regards the ?o&an hersel3 and her relation to her husbandIs gens, it ?as he ?ho brought her into the gens by a 3ree act o3 ?ill - the &arriage; hence it also see&s natural that he should be the )ro)er )erson to authori1e her to lea,e this gens by a second &arriage7 5n a ?ord, the &atter a))ears si&)le and natural as soon as ?e abandon the

2*

'he -ens and the tate in Ao&e

e!traordinary conce)tion o3 the endoga&ous Ao&an gens and regard it, ?ith Morgan, as originally e!oga&ous7 'here still re&ains one last assu&)tion ?hich has also 3ound adherents, and )robably the &ost nu&erous7 On this ,ie?, the )assage only &eans that C3reed ser,ants 6liberty8 could not ?ithout s)ecial )er&ission e gente enubere 6&arry out o3 the gens8 or )er3or& any o3 the acts, ?hich, in,ol,ing loss o3 rights 6ca)itis de&inutio &ini&a8, ?ould ha,e resulted in the liberta lea,ing the gens7E 6>ange, R4mi#che Altert mer, 4erlin 18J2, 5, 1*J, ?here Husch$e is cited in connection ?ith our )assage 3ro& >i,y78 53 this su))osition is correct, the )assage then )ro,es nothing at all about the )osition o3 3ree Ao&an ?o&en, and there can be e,en less Duestion o3 any obligation resting on the& to &arry ?ithin the gens7 'he e!)ression en ptio genti# only occurs in this one )assage and no?here else in the ?hole o3 >atin literature; the ?ord enubere, to &arry outside, only occurs three ti&es, also in >i,y, and then not in re3erence to the gens7 'he 3antastic notion that Ao&an ?o&en ?ere only allo?ed to &arry ?ithin their gens o?es its e!istence solely to this one )assage7 4ut it cannot )ossibly be &aintained7 For either the )assage re3ers to s)ecial restrictions 3or 3reed?o&en, in ?hich case it )ro,es nothing about 3ree ?o&en 6ingenue,8; or it a))lies also to 3ree ?o&en; and then it )ro,es, on the contrary, that the ?o&an &arried as a rule outside her gens, but on her &arriage entered into the gens o3 her husband; ?hich contradicts Mo&&sen and su))orts Morgan7 (l&ost three centuries a3ter the 3oundation o3 Ao&e, the gentile grou)s ?ere still so strong that a )atrician gens, that o3 the Fabii, ?as able to underta$e an inde)endent ca&)aign, ?ith the )er&ission o3 the senate, against the neighboring to?n o3 %eii; three hundred and si! Fabii are said to ha,e set out and to ha,e been $illed to a &an, in an a&bush; according to the story, only one boy ?ho had re&ained behind sur,i,ed to )ro)agate the gens7 (s ?e ha,e said, ten gentes 3or&ed a )hratry, ?hich a&ong the Ao&ans ?as called a curia and had &ore i&)ortant )ublic 3unctions than the -ree$ )hratry7 #,ery curia had its o?n religious rites, shrines and )riests; the latter, as a body, 3or&ed one o3 the Ao&an )riestly colleges7 'en curiae 3or&ed a tribe, ?hich )robably, li$e the rest o3 the >atin tribes, originally had an elected )resident-&ilitary leader and high )riest7 'he three tribes together 3or&ed the Ao&an )eo)le, the Po)ulus Ao&anus7 'hus no one could belong to the Ao&an )eo)le unless he ?as a &e&ber o3 a gens and through it o3 a curia and a tribe7 'he 3irst constitution o3 the Ao&an )eo)le ?as as 3ollo?s: Public a33airs ?ere &anaged in the 3irst instance by the senate, ?hich, as Giebuhr 3irst rightly sa?, ?as co&)osed o3 the )residents o3 the three hundred gentes; it ?as because they ?ere the elders o3 the gens that they ?ere called 3athers, )atres, and their body, the senate 6council o3 the elders, 3ro& sene!, old87 Here again the custo& o3 electing al?ays 3ro& the sa&e 3a&ily in the gens brought into being the 3irst hereditary nobility; these 3a&ilies called the&sel,es C)atricians,E and clai&ed 3or the&sel,es e!clusi,e right o3 entry into the senate and tenure o3 all other o33ices7 'he acDuiescence o3 the )eo)le in this clai&, in course o3 ti&e, and its trans3or&ation into an actual right, a))ear in legend as the story that Ao&ulus con3erred the )atriciate and its )ri,ileges on the 3irst senators and their descendants7 'he senate, li$e the (thenian boule, &ade 3inal decisions in &any &atters and held )re)aratory discussions on those o3 greater i&)ortance, )articularly ne? la?s7 With regard to these, the decision rested ?ith the asse&bly o3 the )eo)le, called the co&itia curiata 6asse&bly o3 the curiae87 'he )eo)le asse&bled together, grou)ed in curiae, each curia )robably grou)ed in gentes; each o3 the thirty curiae, had one ,ote in the 3inal decision7 'he asse&bly o3 the curiae acce)ted or reBected all la?s, elected all higher o33icials, including the re! 6so-called $ing8, declared ?ar 6the senate, ho?e,er, concluded )eace8, and, as su)re&e court, decided, on the a))eal o3 the )arties concerned, all cases in,ol,ing death sentence on a Ao&an citi1en7 >astly, besides the senate and the asse&bly o3 the )eo)le, there ?as the re!, ?ho corres)onded e!actly to the -ree$ basileus and ?as not at all the al&ost absolute $ing ?hich Mo&&sen &ade hi& out to be7 !! He also ?as &ilitary leader, high )riest, and )resident o3 certain

@:

'he -ens and the tate in Ao&e

courts7 He had no ci,il authority ?hate,er, nor any )o?er o,er the li3e, liberty, or )ro)erty o3 citi1ens, e!ce)t such as deri,ed 3ro& his disci)linary )o?ers as &ilitary leader or his e!ecuti,e )o?ers as )resident o3 a court7 'he o33ice o3 re! ?as not hereditary; on the contrary, he ?as 3irst elected by the asse&bly o3 the curiae, )robably on the no&ination o3 his )redecessor, and then at a second &eeting sole&nly installed in o33ice7 'hat he could also be de)osed is sho?n by the 3ate o3 'arDuinius u)erbus7 >i$e the -ree$s o3 the heroic age, the Ao&ans in the age o3 the so-called $ings li,ed in a &ilitary de&ocracy 3ounded on gentes, )hratries, and tribes and de,elo)ed out o3 the&7 #,en i3 the curiae and tribes ?ere to a certain e!tent arti3icial grou)s, they ?ere 3or&ed a3ter the genuine, )ri&iti,e &odels o3 the society out o3 ?hich they had arisen and by ?hich they ?ere still surrounded on all sides7 #,en i3 the )ri&iti,e )atrician nobility had already gained ground, e,en i3 the reges ?ere endea,oring gradually to e!tend their )o?er, it does not change the original, 3unda&ental character o3 the constitution, and that alone &atters7 Mean?hile, Ao&e and the Ao&an territory, ?hich had been enlarged by conDuest, increased in )o)ulation, )artly through i&&igration, )artly through the addition o3 inhabitants o3 the subBugated, chie3ly >atin, districts7 (ll these ne? citi1ens o3 the state 6?e lea,e aside the Duestion o3 the clients8 stood outside the old gentes, curiae, and tribes, and there3ore 3or&ed no )art o3 the )o)ulus Ao&anus, the real Ao&an )eo)le7 'hey ?ere )ersonally 3ree, could o?n )ro)erty in land, and had to )ay ta!es and do &ilitary ser,ice7 4ut they could not hold any o33ice, nor ta$e )art in the asse&bly o3 the curiae, nor share in the allot&ent o3 conDuered state lands7 'hey 3or&ed the class that ?as e!cluded 3ro& all )ublic rights, the )lebs7 O?ing to their continually increasing nu&bers, their &ilitary training and their )ossession o3 ar&s, they beca&e a )o?er3ul threat to the old )o)ulus, ?hich no? rigidly barred any addition to its o?n ran$s 3ro& outside7 Further, landed )ro)erty see&s to ha,e been 3airly eDually di,ided bet?een )o)ulus and )lebs, ?hile the co&&ercial and industrial ?ealth, though not as yet &uch de,elo)ed, ?as )robably 3or the &ost )art in the hands o3 the )lebs7 'he great obscurity ?hich en,elo)s the co&)letely legendary )ri&iti,e history o3 Ao&e - an obscurity considerably dee)ened by the rationalistically )rag&atical inter)retations and accounts gi,en o3 the subBect by later authors ?ith legalistic &inds - &a$es it i&)ossible to say anything de3inite about the ti&e, course, or occasion o3 the re,olution ?hich &ade an end o3 the old gentile constitution7 (ll that is certain is that its cause lay in the struggles bet?een )lebs and )o)ulus7 'he ne? constitution, ?hich ?as attributed to the re! er,ius 'ullius and 3ollo?ed the -ree$ &odel, )articularly that o3 olon, created a ne? asse&bly o3 the )eo)le, in ?hich )o)ulus and )lebeian ?ithout distinction ?ere included or e!cluded according to ?hether they )er3or&ed &ilitary ser,ice or not7 'he ?hole &ale )o)ulation liable to bear ar&s ?as di,ided on a )ro)erty basis into si! classes7 'he lo?er li&it in each o3 the 3i,e classes ?as: 618 1::,::: asses; 6+8 @J,::: asses; 698 J:,::: asses; 648 +J,::: asses; 6J8 11,::: asses; according to 0ureau de la Malle, the eDui,alent to about 14,:::; 1:,J::; @,:::; 9,2::; and 1,J@: &ar$s res)ecti,ely7 'he si!th class, the )roletarians, consisted o3 those ?ith less )ro)erty than the lo?er class and those e!e&)t 3ro& &ilitary ser,ice and ta!es7 5n the ne? )o)ular asse&bly o3 the centuries 6co&itia centuriata8 the citi1ens a))eared in &ilitary 3or&ation, arranged by co&)anies in their centuries o3 a hundred &en, each century ha,ing one ,ote7 Go? the 3irst class )ut eighty centuries in the 3ield, the second t?enty-t?o, the third t?enty, the 3ourth t?enty-t?o, the 3i3th thirty, and the si!th also on century 3or the sa$e o3 a))earances7 5n addition, there ?as the ca,alry, dra?n 3ro& the ?ealthiest &en, ?ith eighteen centuries; total, 1*9; ninety-se,en ,otes ?ere thus reDuired 3or a clear &aBority7 4ut the ca,alry and the 3irst class alone had together ninety-eight ,otes, an there3ore the &aBority; i3 they ?ere agreed, they did not as$ the others; they &ade their decision, and it stood7 'his ne? asse&bly o3 the centuries no? too$ o,er all )olitical rights o3 the 3or&er asse&bly o3 the curiae, ?ith the e!ce)tion o3 a 3e? no&inal )ri,ileges7 'he curiae and the gentes o3 ?hich

@1

'he -ens and the tate in Ao&e

they ?ere co&)osed ?ere thus degraded, as in (thens, to &ere )ri,ate and religious associations and continued to ,egetate as such 3or a long )eriod ?hile the asse&bly o3 the curiae soon beca&e co&)letely dor&ant7 5n order that the three old tribes o3 $inshi) should also be e!cluded 3ro& the state, 3our local tribes ?ere instituted, each o3 ?hich inhabited one Duarter o3 the city and )ossessed a nu&ber o3 )olitical rights7 'hus in Ao&e also, e,en be3ore the abolition o3 the so-called &onarchy, the old order o3 society based on )ersonal ties o3 blood ?as destroyed and in its )lace ?as set u) a ne? and co&)lete state constitution based on territorial di,ision and di33erence o3 ?ealth7 Here the )ublic )o?er consisted o3 the body o3 citi1ens liable to &ilitary ser,ice, in o))osition not only to the sla,es, but also to those e!cluded 3ro& ser,ice in the ar&y and 3ro& )ossession o3 ar&s, the so-called )roletarians7 'he banish&ent o3 the last re!, 'arDuinius u)erbus, ?ho usur)ed real &onarchic )o?er, and the re)lace&ent o3 the o33ice o3 re! by t?o &ilitary leaders 6consuls8 ?ith eDual )o?ers 6as a&ong the 5roDuois8 ?as si&)ly a 3urther de,elo)&ent o3 this ne? constitution7 Within this ne? constitution, the ?hole history o3 the Ao&an Ae)ublic runs its course, ?ith all the struggles bet?een )atricians and )lebeians 3or ad&ission to o33ice and share in the state lands, and the 3inal &erging o3 the )atrician nobility in the ne? class o3 the great land and &oney o?ners, ?ho, gradually s?allo?ing u) all the land o3 the )easants ruined by &ilitary ser,ice, e&)loyed sla,e labor to culti,ate the enor&ous estates thus 3or&ed, de)o)ulated 5taly and so thre? o)en the door, not only to the e&)erors, but also to their successors, the -er&an barbarians7

"II. The

ens among Celts and ermans

)ace does not allo? us to consider the gentile institutions still e!isting in greater or lesser degree o3 )urity a&ong the &ost ,arious sa,age and barbarian )eo)les, nor the traces o3 these institutions in the ancient history o3 the ci,ili1ed )eo)les o3 (sia7 'he institutions or their traces are 3ound e,ery?here7 ( 3e? e!a&)les ?ill be enough7 4e3ore the gens had been recogni1ed, the &an ?ho too$ the greatest )ains to &isunderstand it, Mc>ennan hi&sel3, )ro,ed its e!istence, and in the &ain accurately described it, a&ong the Fal&uc$s, Hircassians, a&oyeds and three 5ndian )eo)les: the Warali, Magars and Munni)orees7 Aecently it has been disco,ered and described by M7 Fo,ale,s$y a&ong the Psha,s, he,surs, ,anets and other Haucasian tribes7 Here ?e ?ill only gi,e so&e short notes on the occurrence o3 the gens a&ong Helts and -er&ans7 'he oldest Heltic la?s ?hich ha,e been )reser,ed sho? the gens still 3ully ali,e: in 5reland, a3ter being 3orcibly bro$en u) by the #nglish, it still li,es today in the consciousness o3 the )eo)le, as an instinct at any rate; in cotland it ?as still in 3ull strength in the &iddle o3 the eighteenth century, and here again it succu&bed only to the ?ea)ons, la?s, and courts o3 the #nglish7 'he old Welsh la?s, ?hich ?ere recorded in ?riting se,eral centuries be3ore the #nglish conDuest, at the latest in the ele,enth century, still sho? co&&on tillage o3 the soil by ?hole ,illages, e,en i3 only as an e!ce)tional relic o3 a once general custo&; each 3a&ily had 3i,e acres 3or its o?n culti,ation; a )iece o3 land ?as culti,ated collecti,ely as ?ell and the yield shared7 5n ,ie? o3 the analogy o3 5reland and cotland, it cannot be doubted that these ,illage co&&unities re)resent gentes or subdi,isions o3 gentes, e,en though 3urther e!a&ination o3 the Welsh la?s, ?hich 5 cannot underta$e 3or lac$ o3 ti&e 6&y notes date 3ro& 182*8, should not )ro,ide direct )roo37 4ut ?hat is directly )ro,ed by the Welsh sources and by the 5rish is that a&ong the Helts in the ele,enth century )airing &arriage had not by any &eans been dis)laced by &onoga&y7 5n Wales a &arriage only beca&e indissoluble, or rather it only ceased to be ter&inable by noti3ication, a3ter se,en years had ela)sed7 53 the ti&e ?as short o3 se,en years by only three nights, husband and ?i3e could se)arate7 'hey then shared out their )ro)erty bet?een the&; the ?o&an di,ided and the &an chose7 'he 3urniture ?as di,ided according to 3i!ed and ,ery hu&orous rules7 53 it ?as the &an ?ho dissol,ed the &arriage, he had to gi,e the ?o&an bac$ her do?ry and so&e other things; i3 it ?as the ?o&an, she recei,ed less7 O3 the children the &an too$ t?o and the ?o&an one, the &iddle child7 53 a3ter the se)aration the ?o&an too$ another husband and the 3irst husband ca&e to 3etch her bac$ again, she had to 3ollo? hi& e,en i3 she had already one 3oot in her ne? &arriage bed7 53, on the other hand, the &an and ?o&an had been together 3or se,en years, they ?ere husband and ?i3e, e,en ?ithout any )re,ious 3or&al &arriage7 Hhastity o3 girls be3ore &arriage ?as not at all strictly obser,ed, nor ?as it de&anded; the )ro,isions in this res)ect are o3 an e!tre&ely 3ri,olous character and not at all in $ee)ing ?ith bourgeois &orality7 53 a ?o&an co&&itted adultery, the husband had the right to beat her 6this ?as one o3 the three occasions ?hen he ?as allo?ed to do so; other?ise he ?as )unished8, but not then to de&and any other satis3action, since C3or the one o33ense there shall be either atone&ent or ,engeance, but not both7E 'he grounds on ?hich the ?i3e could de&and di,orce ?ithout losing any o3 her clai&s in the subseDuent settle&ent ?ere ,ery co&)rehensi,e; i3 the husband had bad breath, it ?as enough7 'he &oney ?hich had to be )aid to the chie3 o3 the tribe or $ing to buy o33 his right o3 the 3irst night 6gobr &erch, ?hence the &edie,al na&e, &archeta; French MarDuette8, )lays a large )art in the code o3 la?s7 'he ?o&en had the right to ,ote in the asse&blies o3 the )eo)le7 When ?e add that the e,idence sho?s si&ilar conditions in 5reland; that

@9

'he -ens a&ong Helts and -er&ans

there, also, te&)orary &arriages ?ere Duite usual and that at the se)aration ,ery 3a,orable and e!actly de3ined conditions ?ere assured to the ?o&an, including e,en co&)ensation 3or her do&estic ser,ices; that in 5reland there ?as a C3irst ?i3eE as ?ell as other ?i,es, and that in the di,ision o3 an inheritance no distinction ?as &ade bet?een children born in ?edloc$ or outside it -- ?e then ha,e a )icture o3 )airing &arriage in co&)arison ?ith ?hich the 3or& o3 &arriage obser,ed in Gorth (&erica a))ears strict7 'his is not sur)rising in the ele,enth century a&ong a )eo)le ?ho e,en so late as Haesar;s ti&e ?ere still li,ing in grou) &arriage7 'he e!istence o3 the 5rish gens 6se)t; the tribe ?as called clann, clan8 is con3ir&ed and described not only by the old legal codes, but also by the #nglish Burists o3 the se,enteenth century ?ho ?ere sent o,er to trans3or& the clan lands into do&ains o3 the #nglish cro?n7 =ntil then, the land had been the co&&on )ro)erty o3 the clan or gens, in so 3ar as the chie3tains had not already con,erted it into their )ri,ate do&ains7 When a &e&ber o3 the gens died and a household conseDuently ca&e to an end, the gentile chie3 6the #nglish Burists called hi& cap t cognationi#8 &ade a ne? di,ision o3 the ?hole territory a&ong the re&aining households7 'his &ust ha,e been done, broadly s)ea$ing, according to the rules in 3orce in -er&any7 Forty or 3i3ty years ago ,illage 3ields ?ere ,ery nu&erous, and e,en today a 3e? o3 these rundales, as they are called, &ay still be 3ound7 'he )easants o3 a rundale, no? indi,idual tenants on the soil that had been the co&&on )ro)erty o3 the gens till it ?as sei1ed by the #nglish conDuerors, )ay rent 3or their res)ecti,e )iece o3 land, but )ut all their shares in arable and &eado?land together, ?hich they then di,ide according to )osition and Duality into -e?anne, as they are called on the Moselle, each recei,ing a share in each -e?ann; &oorland and )asture-land are used in co&&on7 Only 3i3ty years ago ne? di,isions ?ere still &ade 3ro& ti&e to ti&e, so&eti&es annually7 'he 3ield&a) o3 such a ,illage loo$s e!actly li$e that o3 a -er&an -ehW3erscha3t .)easant co&&unity/ on the Moselle or in the Mittel?ald7 'he gens also li,es on in the C3actions7E 'he 5rish )easants o3ten di,ide the&sel,es into )arties based a))arently on )er3ectly absurd or &eaningless distinctions; to the #nglish they are Duite inco&)rehensible and see& to ha,e no other )ur)ose than the 3a,orite cere&ony o3 t?o 3actions ha&&ering one another7 'hey are arti3icial re,i,als, &odern substitutes 3or the dis)ersed gentes, &ani3esting in their o?n )eculiar &anner the )ersistence o3 the inherited gentile instinct7 5n so&e districts the &e&bers o3 the gens still li,e )retty &uch together on the old territory; in the ;thirties the great &aBority o3 the inhabitants o3 Hounty Monaghan still had only 3our 3a&ily na&es, that is, they ?ere descended 3ro& 3our gentes or clans7 !!i 5n cotland the decay o3 the gentile organi1ation dates 3ro& the su))ression o3 the rising o3 1@4J7 'he )recise 3unction o3 the cottish clan in this organi1ation still a?aits in,estigation; but that the clan is a gentile body is beyond doubt7 5n Walter cottIs no,els the Highland clan li,es be3ore our eyes7 5t is, says Morgan:
777 an e!cellent ty)e o3 the gens in organi1ation and in s)irit, and an e!traordinary illustration o3 the )o?er o3 the gentile li3e o,er its &e&bers7777 We 3ind in their 3euds and blood re,enge, in their locali1ation by gentes, in their use o3 lands in co&&on, in the 3idelity o3 the clans&an to his chie3 and o3 the &e&bers o3 the clan to each other, the usual and )ersistent 3eatures o3 gentile society7777 0escent ?as in the &ale line, the children o3 the &ales re&aining &e&bers o3 the clan, ?hile the children o3 its 3e&ale &e&bers belonged to the clans o3 their res)ecti,e 3athers7E "Morgan, op. cit., pp. 568$56#. $$ %d.&

4ut that 3or&erly &other-right )re,ailed in cotland is )ro,ed by the 3act that, according to 4ede, in the royal 3a&ily o3 the Picts succession ?as in the 3e&ale line7 (&ong the cots, as a&ong the Welsh, a relic e,en o3 the )unaluan 3a&ily )ersisted into the Middle (ges in the 3or& o3 the right o3 the 3irst night, ?hich the head o3 the clan or the $ing, as last re)resentati,e o3 the 3or&er co&&unity o3 husbands, had the right to e!ercise ?ith e,ery bride, unless it ?as co&)ounded 3or &oney7

@4

'he -ens a&ong Helts and -er&ans

'hat the -er&ans ?ere organi1ed in gentes until the ti&e o3 the &igrations is beyond all doubt7 'hey can ha,e occu)ied the territory bet?een the 0anube, Ahine, %istula, and the northern seas only a 3e? centuries be3ore our era; the Hi&bri and 'eutons ?ere then still in 3ull &igration, and the ue,i did not 3ind any )er&anent habitation until HaesarIs ti&e7 Haesar e!)ressly states o3 the& that they had settled in gentes and $indreds 6gentibus cognationtbusDue8, and in the &outh o3 a Ao&an o3 the Kulian gens the ?ord genti1 # has a de3inite &eaning ?hich cannot be argued a?ay7 'he sa&e ?as true o3 all the -er&ans; they see& still to ha,e settled by gentes e,en in the )ro,inces they conDuered 3ro& the Ao&ans7 'he code o3 la?s o3 the (le&anni con3ir&s that the )eo)le settled by $indreds 6genealogiae8 in the conDuered territory south o3 the 0anube; genealogia is used in e!actly the sa&e sense as Mar$genossenscha3t or 0or3genossenscha3t .Mar$ or ,illage co&&unity < #d7/ later7 Fo,ale,s$y has recently )ut 3or?ard the ,ie? that these genealogia- are the large household co&&unities a&ong ?hich the land ?as di,ided, and 3ro& ?hich the ,illage co&&unity only de,elo)ed later7 'his ?ould then )robably also a))ly to the 3ara, ?ith ?hich e!)ression the 4urgundians and the >o&bards < that is, a -othic and a Her&inonian or High -er&an tribe < designated nearly, i3 not e!actly, the sa&e thing as the genealogiae in the (le&annian code o3 la?s7 Whether it is really a gens or a household co&&unity &ust be settled by 3urther research7 'he records o3 language lea,e us in doubt ?hether all the -er&ans had a co&&on e!)ression 3or gens, and ?hat that e!)ression ?as7 #ty&ologically, the -othic $uni, Middle High -er&an $unne, corres)onds to the -ree$ genos and the >atin gens, and is used in the sa&e sense7 'he 3act that the ter& 3or ?o&an co&es 3ro& the sa&e root < -ree$ gyne, la, 1ena, -othic D,ino, Old Gorse $ona, $una < )oints bac$ to the ti&e o3 &other-right7 (&ong the >o&bards and 4urgundians ?e 3ind, as already &entioned, the ter& 3ara, ?hich -ri&& deri,es 3ro& an i&aginary root 3isan, to beget7 5 should )re3er to go bac$ to the &ore ob,ious deri,ation 3ro& 3aran 63ahren8, to tra,el or ?ander; 3ara ?ould then denote a section o3 the &igrating )eo)le ?hich re&ained )er&anently together and al&ost as a &atter o3 course ?ould be co&)osed o3 relati,es7 5n the se,eral centuries o3 &igration, 3irst to the east and then to the ?est, the e!)ression ca&e to be trans3erred to the $inshi) grou) itsel37 'here are, 3urther, the -othic sibia, (nglo- a!on sib, Old High -er&an si))ia, si&a, $indred7 Old Gorse only has the )lural si3iar, relati,es; the singular only occurs as the na&e o3 a goddess, i37 >astly, still another e!)ression occurs in the Hildebrandslied, ?here Hildebrand as$s Hadubrand: CWho is thy 3ather a&ong the &en o3 the )eo)le777 or o3 ?hat $in art thouNE 6eddo huXlihhes cnuosles du sYs87 5n as 3ar as there ?as a co&&on -er&an na&e 3or the gens, it ?as )robably the -othic huni that ?as used; this is rendered )robable, not only by its identity ?ith the corres)onding e!)ression in the related languages, but also by the 3act that 3ro& it is deri,ed the ?ord $uning, FWnig 6$ing8, ?hich originally denotes the head o3 a gens or o3 a tribe7 ibia, $indred, does not see& to call 3or consideration; at any rate, si3iar in Old Gorse denotes not only blood relations, but also relations by &arriage; thus it includes the &e&bers o3 at least t?o gentes, and hence si3 itsel3 cannot ha,e been the ter& 3or the gens7 (s a&ong the Me!icans and -ree$s, so also a&ong the -er&ans, the order o3 battle, both the ca,alry sDuadrons and the ?edge 3or&ations o3 the in3antry, ?as dra?n u) by gentes7 'acitus; use o3 the ,ague e!)ression Cby 3a&ilies and $indredsE is to be e!)lained through the 3act that in his ti&e the gens in Ao&e had long ceased to be a li,ing body7 ( 3urther )assage in 'acitus is decisi,e7 5t states that the &aternal uncle loo$s u)on his ne)he? as his o?n son, and that so&e e,en regard the bond o3 blood bet?een the &aternal uncle and the ne)he? as &ore sacred and close than that bet?een 3ather and son, so that ?hen hostages are de&anded the sisterIs son is considered a better security than the natural son o3 the &an ?ho& it is desired to bind7 Here ?e ha,e li,ing e,idence, described as )articularly characteristic o3 the -er&ans, o3 the &atriarchal, and there3ore )ri&iti,e, gens7 !!ii 53 a &e&ber o3 such a gens ga,e his o?n son as a )ledge o3 his oath and the son then )aid the )enalty o3 death 3or his 3atherIs

@J

'he -ens a&ong Helts and -er&ans

breach o3 3aith, the 3ather had to ans?er 3or that to hi&sel37 4ut i3 it ?as a sisterIs son ?ho ?as sacri3iced, then the &ost sacred la? o3 the gens ?as ,iolated7 'he &e&ber o3 the gens ?ho ?as nearest o3 $in to the boy or youth, and &ore than all others ?as bound to )rotect hi&, ?as guilty o3 his death; either he should not ha,e )ledged hi& or he should ha,e $e)t the agree&ent7 #,en i3 ?e had no other trace o3 gentile organi1ation a&ong the -er&ans, this one )assage ?ould su33ice7 till &ore decisi,e, because it co&es about eight hundred years later, is a )assage 3ro& the Old Gorse )oe& o3 the t?ilight o3 the gods and the end o3 the ?orld, the %olus)a7 5n this C,ision o3 the seeress,E into ?hich Hhristian ele&ents are also inter?o,en, as 4ang and 4ugge ha,e no? )ro,ed, the descri)tion o3 the )eriod o3 uni,ersal degeneration and corru)tion leading u) to the great catastro)he contains the 3ollo?ing )assage:
4roedhr &unu berBas$ o$ at bonu& ,erdas$, &unu systrungar si3Bu& s)illa7

C4rothers ?ill &a$e ?ar u)on one another and beco&e one another;s &urderers, the children o3 sisters ?ill brea$ $inshi)7E Sy#tr ngar &eans the son o3 the &other;s sister, and that these sisters; sons should betray the blood-bond bet?een the& is regarded by the )oet as an e,en greater cri&e than that o3 3ratricide7 'he 3orce o3 the cli&a! is in the ?ord systrungar, ?hich e&)hasi1es the $inshi) on the &otherEs side; i3 the ?ord had been sys$ina-born, brothersI or sistersI children, or sys$inasynir, brothersI or sistersI sons, the second line ?ould not ha,e been a cli&a! to the 3irst, but ?ould &erely ha,e ?ea$ened the e33ect7 Hence e,en in the ti&e o3 the %i$ings, ?hen the %olus)a ?as co&)osed, the &e&ory o3 &other-right had not yet been obliterated in candina,ia7 5n the ti&e o3 'acitus, ho?e,er, &other-right had already gi,en ?ay to 3ather-right, at least a&ong the -er&ans ?ith ?hose custo&s he ?as &ore 3a&iliar7 'he children inherited 3ro& the 3ather; i3 there ?ere no children, the brothers, and the uncles on the 3atherIs and the &otherIs side7 'he 3act that the &other;s brother ?as allo?ed to inherit is connected ?ith the sur,i,als o3 &other-right already &entioned, and again )ro,es ho? ne? 3ather-right still ?as a&ong the -er&ans at that ti&e7 'races o3 &other-right are also 3ound until late in the Middle (ges7 ())arently e,en at that ti&e )eo)le still did not ha,e any great trust in 3atherhood, es)ecially in the case o3 ser3s7 When, there3ore, a 3eudal lord de&anded 3ro& a to?n the return o3 a 3ugiti,e ser3, it ?as reDuired < 3or e!a&)le, in (ugsburg, 4asle and Faiserslautern < that the accused )ersonIs status as ser3 should be s?orn to by si! o3 his nearest blood relations, and that they should all be relations on the &other;s side7 6Maurer, St5dteverfa## ng, 5, )7 98178 (nother relic o3 &other-right, ?hich ?as still only in )rocess o3 dying out, ?as the res)ect o3 the -er&ans 3or the 3e&ale se!, ?hich to the Ao&ans ?as al&ost inco&)rehensible7 Loung girls o3 noble 3a&ily ?ere considered the &ost binding hostages in treaties ?ith the -er&ans7 'he thought that their ?i,es and daughters &ight be ta$en ca)ti,e and carried into sla,ery ?as terrible to the& and &ore than anything else 3ired their courage in battle; they sa? in a ?o&an so&ething holy and )ro)hetic, and listened to her ad,ice e,en in the &ost i&)ortant &atters7 %eleda, the )riestess o3 the 4ructerians on the Ai,er >i))e, ?as the ,ery soul o3 the ?hole 4ata,ian rising in ?hich Hi,ilis, at the head o3 the -er&ans and 4elgae, shoo$ the 3oundations o3 Ao&an rule in -aul7 5n the ho&e, the ?o&an see&s to ha,e held undis)uted s?ay, though, together ?ith the old )eo)le and the children, she also had to do all the ?or$, ?hile the &an hunted, dran$, or idled about7 'hat, at least, is ?hat 'acitus says; but as he does not say ?ho tilled the 3ields, and de3initely declares that the ser3s only )aid tribute, but did not ha,e to render labor dues, the bul$ o3 the adult &en &ust ha,e had to do ?hat little ?or$ the culti,ation o3 the land reDuired7 'he 3or& o3 &arriage, as already said, ?as a )airing &arriage ?hich ?as gradually a))roaching &onoga&y7 5t ?as not yet strict &onoga&y, as )olyga&y ?as )er&itted 3or the leading &e&bers o3 the tribe7 5n general, strict chastity ?as reDuired o3 the girls 6in contrast to the Helts8, and 'acitus also s)ea$s ?ith s)ecial ?ar&th o3 the sacredness o3 the &arriage tie a&ong the -er&ans7 (dultery by the ?o&an is the only ground 3or di,orce &entioned by hi&7 4ut there are &any ga)s here in his re)ort, and it is also only too a))arent that he is holding u) a &irror o3

@2

'he -ens a&ong Helts and -er&ans

,irtue be3ore the dissi)ated Ao&ans7 One thing is certain: i3 the -er&ans ?ere such )aragons o3 ,irtue in their 3orests, it only reDuired slight contact ?ith the outside ?orld to bring the& do?n to the le,el o3 the a,erage &an in the rest o3 #uro)e7 (&idst the Ao&an ?orld, the last trace o3 &oral austerity disa))eared 3ar &ore ra)idly e,en than the -er&an language7 For )roo3, it is enough to read -regory o3 'ours7 'hat in the -er&an )ri&e,al 3orests there could be no such ,olu)tuous abandon&ent to all the re3ine&ents o3 sensuality as in Ao&e is ob,ious; the su)eriority o3 the -er&ans to the Ao&an ?orld in this res)ect also is su33iciently great, and there is no need to endo? the& ?ith an ideal continence in things o3 the 3lesh, such as has ne,er yet been )racticed by an entire nation7 (lso deri,ed 3ro& the gentile organi1ation is the obligation to inherit the en&ities as ?ell as the 3riendshi)s o3 the 3ather or the relati,es; li$e?ise the Wergeld, the 3ine 3or idling or inBuring, in )lace o3 blood re,enge7 'he Wergeld, ?hich only a generation ago ?as regarded as a s)eci3ically -er&an institution, has no? been sho?n to be general a&ong hundreds o3 )eo)les as a &ilder 3or& o3 the blood re,enge originating out o3 the gentile organi1ation7 We 3ind it, 3or e!a&)le, a&ong the (&erican 5ndians, ?ho also regard hos)itality as an obligation7 'acitus; descri)tion o3 hos)itality as )racticed a&ong the -er&ans 6-er&ania, Hh7 VV58 is identical al&ost to the details ?ith that gi,en by Morgan o3 his 5ndians7 'he endless, burning contro,ersy as to ?hether the -er&ans o3 'acitus; ti&e had already de3initely di,ided the land or not, and ho? the rele,ant )assages are to be inter)reted, no? belongs to the )ast7 Go &ore ?ords need be ?asted in this dis)ute, since it has been established that a&ong al&ost all )eo)les the culti,ated land ?as tilled collecti,ely by the gens, and later by co&&unistic household co&&unities such as ?ere still 3ound by Haesar a&ong the ue,i, and that a3ter this stage the land ?as allotted to indi,idual 3a&ilies ?ith )eriodical re)artitions, ?hich are sho?n to ha,e sur,i,ed as a local custo& in -er&any do?n to our day7 53 in the one hundred and 3i3ty years bet?een Haesar and 'acitus the -er&ans had changed 3ro& the collecti,e culti,ation o3 the land e!)ressly attributed by Haesar to the ue,i 6they had no di,ided or )ri,ate 3ields ?hate,er, he says8 to indi,idual culti,ation ?ith annual re)artition o3 the land, that is surely )rogress enough7 'he transition 3ro& that stage to co&)lete )ri,ate )ro)erty in land during such a short )eriod and ?ithout any outside inter3erence is a sheer i&)ossibility7 What 5 read in 'acitus is si&)ly ?hat he says in his o?n dry ?ords: they change 6or di,ide a3resh8 the culti,ated land e,ery year, and there is enough co&&on land le3t o,er7 5t is the stage o3 agriculture and )ro)erty relations in regard to the land ?hich e!actly corres)onds to the gentile constitution o3 the -er&ans at that ti&e7 5 lea,e the )receding )aragra)h unchanged as it stood in the 3or&er editions7 Mean?hile the Duestion has ta$en another turn7 ince Fo,ale,s$y has sho?n 6c37 )ages J1-J+8 that the )atriarchal household co&&unity ?as a ,ery co&&on, i3 not uni,ersal, inter&ediate 3or& bet?een the &atriarchal co&&unistic 3a&ily and the &odern isolated 3a&ily, it is no longer a Duestion o3 ?hether )ro)erty in land is co&&unal or )ri,ate, ?hich ?as the )oint at issue bet?een Maurer and Wait1, but a Duestion o3 the 3or& o3 the co&&unal )ro)erty7 'here is no doubt at all that the ue,i in HaesarIs ti&e not only o?ned the land in co&&on, but also culti,ated it in co&&on 3or the co&&on bene3it7 Whether the econo&ic unit ?as the gens or the household co&&unity or a co&&unistic $inshi) grou) inter&ediate bet?een the t?o; or ?hether all three grou)s occurred according to the conditions o3 the soil < these Duestions ?ill be in dis)ute 3or a long ti&e to co&e7 Fo,ale,s$y &aintains, ho?e,er, that the conditions described by 'acitus )resu))ose the e!istence, not o3 the &ar$ or ,illage co&&unity, but o3 the household co&&unity and that the ,illage co&&unity only de,elo)s out o3 the latter &uch later, as a result o3 the increase in )o)ulation7 (ccording to this ,ie?, the settle&ents o3 the -er&ans in the territory o3 ?hich they ?ere already in )ossession at the ti&e o3 the Ao&ans, and also in the territory ?hich they later too$ 3ro& the Ao&ans, ?ere not co&)osed o3 ,illages but o3 large household co&&unities, ?hich included

@@

'he -ens a&ong Helts and -er&ans

se,eral generations, culti,ated an a&ount o3 land )ro)ortionate to the nu&ber o3 their &e&bers, and had co&&on use ?ith their neighbors o3 the surrounding ?aste7 'he )assage in 'acitus about changing the culti,ated land ?ould then ha,e to be ta$en in an agrono&ic sense: the co&&unity culti,ated a di33erent )iece o3 land e,ery year, and allo?ed the land culti,ated the )re,ious year to lie 3allo? or run co&)letely to ?aste; the )o)ulation being scanty, there ?as al?ays enough ?aste le3t o,er to &a$e any dis)utes about land unnecessary7 Only in the course o3 centuries, ?hen the nu&ber o3 &e&bers in the household co&&unities had increased so &uch that a co&&on econo&y ?as no longer )ossible under the e!isting conditions o3 )roduction did the co&&unities dissol,e7 'he arable and &eado? lands ?hich had hitherto been co&&on ?ere di,ided in the &anner 3a&iliar to us, 3irst te&)orarily and then )er&anently, a&ong the single households ?hich ?ere no? co&ing into being, ?hile 3orest, )asture land, and ?ater re&ained co&&on7 5n the case o3 Aussia this de,elo)&ent see&s to be a )ro,ed historical 3act7 With regard to -er&any, and, secondarily, the other -er&anic countries, it cannot be denied that in &any ?ays this ,ie? )ro,ides a better e!)lanation o3 the sources and an easier solution to di33iculties than that held hitherto, ?hich ta$es the ,illage co&&unity bac$ to the ti&e o3 'acitus7 On the ?hole, the oldest docu&ents, such as the Hode! >auresha&ensis, can be e!)lained &uch better in ter&s o3 the household co&&unity than o3 the ,illage co&&unity7 On the other hand, this ,ie? raises ne? di33iculties and ne? Duestions, ?hich ha,e still to be sol,ed7 'hey can only be settled by ne? in,estigations; but 5 cannot deny that in the case also o3 -er&any, candina,ia and #ngland there is ,ery great )robability in 3a,or o3 the inter&ediate 3or& o3 the household co&&unity7 While in Haesar;s ti&e the -er&ans had only Bust ta$en u) or ?ere still loo$ing 3or settled abodes, in 'acitus; ti&e they already had a 3ull century o3 settled li3e behind the&; corres)ondingly, the )rogress in the )roduction o3 the necessities o3 li3e is un&ista$able7 'hey li,e in log-houses; their clothing is still ,ery &uch that o3 )ri&iti,e )eo)le o3 the 3orests: coarse ?oolen &antles, s$ins; 3or ?o&en and notable )eo)le underclothing o3 linen7 'heir 3ood is &il$, &eat, ?ild 3ruits, and, as Pliny adds, oat&eal )orridge 6still the Heltic national 3ood in 5reland and cotland87 'heir ?ealth consists in cattle and horses, but o3 in3erior breed; the co?s are s&all, )oor in build and ?ithout horns; the horses are )onies, ?ith ,ery little s)eed7 Money ?as used rarely and in s&all a&ounts; it ?as e!clusi,ely Ao&an7 'hey did not ?or$ gold or sil,er, nor did they ,alue it7 5ron ?as rare, and, at least, a&ong the tribes on the Ahine and the 0anube, see&s to ha,e been al&ost entirely i&)orted, not &ined7 Aunic ?riting 6i&itated 3ro& the -ree$ or >atin letters8 ?as a )urely secret 3or& o3 ?riting, used only 3or religious &agic7 Hu&an sacri3ices ?ere still o33ered7 5n short, ?e here see a )eo)le ?hich had Bust raised itsel3 3ro& the &iddle to the u))er stage o3 barbaris&7 4ut ?hereas the tribes li,ing i&&ediately on the Ao&an 3rontiers ?ere hindered in the de,elo)&ent o3 an inde)endent &etal and te!tile industry by the 3acility ?ith ?hich Ao&an )roducts could be i&)orted, such industry undoubtedly did de,elo) in the northeast, on the 4altic7 'he 3rag&ents o3 ?ea)ons 3ound in the chles?ig &arshes < long iron s?ord, coat o3 &ail, sil,er hel&et, and so 3orth, together ?ith Ao&an coins o3 the end o3 the second century < and the -er&an &etal obBects distributed by the &igrations, sho? Duite a )ronounced character o3 their o?n, e,en ?hen they deri,e 3ro& an originally Ao&an &odel7 #&igration into the ci,ili1ed Ao&an ?orld )ut an end to this nati,e industry e,ery?here e!ce)t in #ngland7 With ?hat uni3or&ity this industry arose and de,elo)ed, can be seen, 3or e!a&)le, in the bron1e brooches; those 3ound in 4urgundy, Au&ania and on the ea o3 (1o, &ight ha,e co&e out o3 the sa&e ?or$sho) as those 3ound in #ngland and ?eden, and are Bust as certainly o3 -er&anic origin7 'he constitution also corres)onds to the u))er stage o3 barbaris&7 (ccording to 'acitus, there ?as generally a council o3 chie3s 6 principe#8, ?hich decided &inor &atters, but )re)ared &ore i&)ortant Duestions 3or decision by the asse&bly o3 the )eo)le; at the lo?er stage o3 barbaris&, so 3ar as ?e ha,e $no?ledge o3 it, as a&ong the (&ericans, this asse&bly o3 the )eo)le still

@8

'he -ens a&ong Helts and -er&ans

co&)rises only the &e&bers o3 the gens, not yet o3 the tribe or o3 the con3ederacy o3 tribes7 'he chie3s 6principe#8 are still shar)ly distinguished 3ro& the &ilitary leaders 6 d ce#8 Bust as they are a&ong the 5roDuois; they already subsist )artially on gi3ts o3 cattle, corn, etc7, 3ro& the &e&bers o3 the tribe; as in (&erica, they are generally elected 3ro& the sa&e 3a&ily7 'he transition to 3ather-right 3a,ored, as in -reece and Ao&e, the gradual trans3or&ation o3 election into hereditary succession, and hence the rise o3 a noble 3a&ily in each gens7 'his old so-called tribal nobility disa))eared 3or the &ost )art during the &igrations or soon a3ter?ards7 'he &ilitary leaders ?ere chosen ?ithout regard to their descent, solely according to their ability7 'hey had little )o?er and had to rely on the 3orce o3 e!a&)le7 'acitus e!)ressly states that the actual disci)linary authority in the ar&y lay ?ith the )riests7 'he real )o?er ?as in the hands o3 the asse&bly o3 the )eo)le7 'he $ing or the chie3 o3 the tribe )resides; the )eo)le decide: CGoE by &ur&urs; CLesE by accla&ation and clash o3 ?ea)ons7 'he asse&bly o3 the )eo)le is at the sa&e ti&e an asse&bly o3 Bustice; here co&)laints are brought 3or?ard and decided and sentences o3 death )assed, the only ca)ital cri&es being co?ardice, treason against the )eo)le, and unnatural lust7 (lso in the gentes and other subdi,isions o3 the tribe all the &e&bers sit in Budg&ent under the )residency o3 the chie3, ?ho, as in all the early -er&an courts, can only ha,e guided the )roceedings and )ut Duestions; the actual ,erdict ?as al?ays gi,en a&ong -er&ans e,ery?here by the ?hole co&&unity7 Hon3ederacies o3 tribes had gro?n u) since the ti&e o3 Haesar; so&e o3 the& already had $ings; the su)re&e &ilitary co&&ander ?as already ai&ing at the )osition o3 tyrant, as a&ong the -ree$s and Ao&ans, and so&eti&es secured it7 4ut these 3ortunate usur)ers ?ere not by any &eans absolute rulers; they ?ere, ho?e,er, already beginning to brea$ the 3etters o3 the gentile constitution7 Whereas 3reed sla,es usually occu)ied a subordinate )osition, since they could not belong to any gens, as 3a,orites o3 the ne? $ings they o3ten ?on ran$, riches and honors7 'he sa&e thing ha))ened a3ter the conDuest o3 the Ao&an #&)ire by these &ilitary leaders, ?ho no? beca&e $ings o3 great countries7 (&ong the Fran$s, sla,es and 3reed&en o3 the $ing )layed a leading )art 3irst at the court and then in the state; the ne? nobility ?as to a great e!tent descended 3ro& the&7 One institution )articularly 3a,ored the rise o3 $ingshi): the retinues7 We ha,e already seen a&ong the (&erican 5ndians ho?, side by side ?ith the gentile constitution, )ri,ate associations ?ere 3or&ed to carry on ?ars inde)endently7 (&ong the -er&ans, these )ri,ate associations had already beco&e )er&anent7 ( &ilitary leader ?ho had &ade hi&sel3 a na&e gathered around hi& a band o3 young &en eager 3or booty, ?ho& he )ledged to )ersonal loyalty, gi,ing the sa&e )ledge to the&7 'he leader )ro,ided their $ee), ga,e the& gi3ts, and organi1ed the& on a hierarchic basis; a bodyguard and a standing troo) 3or s&aller e!)editions and a regular cor)s o3 o33icers 3or o)erations on a larger scale7 Wea$ as these retinues &ust ha,e been, and as ?e in 3act 3ind the& to be later < 3or e!a&)le, under Odoacer in 5taly < they ?ere ne,ertheless the beginnings o3 the decay o3 the old 3reedo& o3 the )eo)le and sho?ed the&sel,es to be such during and a3ter the &igrations7 For in the 3irst )lace they 3a,ored the rise o3 &onarchic )o?er7 5n the second )lace, as 'acitus already notes, they could only be $e)t together by continual ?ars and )lundering e!)editions7 Plunder beca&e an end in itsel37 53 the leader o3 the retinue 3ound nothing to do in the neighborhood, he set out ?ith his &en to other )eo)les ?here there ?as ?ar and the )ros)ect o3 booty7 'he -er&an &ercenaries ?ho 3ought in great nu&bers under the Ao&an standard e,en against -er&ans ?ere )artly &obili1ed through these retinues7 'hey already re)resent the 3irst 3or& o3 the syste& o3 >ands$nechte, the sha&e and curse o3 the -er&ans7 When the Ao&an #&)ire had been conDuered, these retinues o3 the $ings 3or&ed the second &ain stoc$, a3ter the un3ree and the Ao&an courtiers, 3ro& ?hich the later nobility ?as dra?n7 5n general, then, the constitution o3 those -er&an tribes ?hich had co&bined into )eo)les ?as the sa&e as had de,elo)ed a&ong the -ree$s o3 the Heroic (ge and the Ao&ans o3 the so-called ti&e o3 the $ings: asse&bly o3 the )eo)le, council o3 the chie3s o3 the gentes, &ilitary leader, ?ho

@*

'he -ens a&ong Helts and -er&ans

is already stri,ing 3or real &onarchic )o?er7 5t ?as the highest 3or& o3 constitution ?hich the gentile order could achie,e; it ?as the &odel constitution o3 the u))er stage o3 barbaris&7 53 society )assed beyond the li&its ?ithin ?hich this constitution ?as adeDuate, that &eant the end o3 the gentile order; it ?as bro$en u) and the state too$ its )lace7

"III. The Formation of the State among ermans

(ccording to 'acitus, the -er&ans ?ere a ,ery nu&erous )eo)le7 Haesar gi,es us an a))ro!i&ate idea o3 the strength o3 the se)arate -er&an )eo)les; he )laces the nu&ber o3 the =si)etans and the 'encterans ?ho a))eared on the le3t ban$ o3 the Ahine at 18:,:::, ?o&en and children included7 'hat is about 1::,::: to one )eo)le, !!iii already considerably &ore than, 3or instance, the total nu&ber o3 the 5roDuois in their )ri&e, ?hen, no &ore than +:,::: strong, they ?ere the terror o3 the ?hole country 3ro& the -reat >a$es to the Ohio and the Poto&ac7 On the &a), i3 ?e try to grou) the better $no?n )eo)les settled near the Ahine according to the e,idence o3 the re)orts, a single )eo)le occu)ies the s)ace o3 a Prussian go,ern&ent district that is, about 1:,::: sDuare $ilo&eters or 18+ geogra)hical sDuare &iles7 .(bout 4,::: sDuare &iles < #d7/ Go?, the -er&ania Magna o3 the Ao&ans, ?hich reached as 3ar as the %istula, had an area o3 J::,::: sDuare $ilo&eters in round 3igures7 Aec$oning the a,erage nu&ber o3 each )eo)le at 1::,:::, the total )o)ulation o3 -er&ania Magna ?ould ?or$ out at J,:::,::: - a considerable 3igure 3or a barbarian grou) o3 )eo)les, but, co&)ared ?ith our conditions ten )ersons to the sDuare $ilo&eter, or about JJ: to the geogra)hical sDuare &ile - e!tre&ely lo?7 4ut that by no &eans e!hausts the nu&ber o3 the -er&ans then li,ing7 We $no? that all along the Har)athians and do?n to the south o3 the 0anube there ?ere -er&an )eo)les descended 3ro& -othic tribes, such as the 4astarnians, Peucinians and others, ?ho ?ere so nu&erous that Pliny classes the& together as the 3i3th &ain tribe o3 the -er&ans7 (s early as 18: 47H7 they &a$e their a))earance as &ercenaries in the ser,ice o3 the Macedonian Fing Perseus, and in the 3irst years o3 (ugustus, still ad,ancing, they al&ost reached (driano)le7 53 ?e esti&ate these at only 1,:::,:::, the )robable total nu&ber o3 the -er&ans at the beginning o3 our era &ust ha,e been at least 2,:::,:::7 (3ter )er&anent settle&ents had been 3ounded in -er&any, the )o)ulation &ust ha,e gro?n ?ith increasing ra)idity; the ad,ances in industry ?e &entioned are in the&sel,es )roo3 o3 this7 'he obBects 3ound in the chles?ig &arshes date 3ro& the third century, according to the Ao&an coins disco,ered ?ith the&7 (t this ti&e, there3ore, there ?as already a de,elo)ed &etal and te!tile industry on the 4altic, bris$ tra33ic ?ith the Ao&an #&)ire and a certain degree o3 lu!ury a&ong the &ore ?ealthy < all signs o3 denser )o)ulation7 4ut also at this ti&e begins the general attac$ by the -er&ans along the ?hole line o3 the Ahine, the Ao&an ?all and the 0anube, 3ro& the Gorth ea to the 4lac$ ea < direct )roo3 o3 the continual gro?th and out?ard thrust o3 the )o)ulation7 For three centuries the 3ight ?ent on, during ?hich the ?hole &ain body o3 the -othic )eo)les 6?ith the e!ce)tion o3 the candina,ian -oths and the 4urgundians8 thrust southeast, 3or&ing the le3t ?ing on the long 3ront o3 attac$, ?hile in the center the High -er&ans 6Her&ionians8 )ushed 3or?ard do?n the u))er 0anube, and on the right ?ing the 5scho,onians, no? called Fran$s, ad,anced along the Ahine; the 5ngoe,onians carried out the conDuest o3 4ritain7 4y the end o3 the 3i3th century an e!hausted and bleeding Ao&an #&)ire lay hel)less be3ore the in,ading -er&ans7 5n earlier cha)ters ?e ?ere standing at the cradle o3 ancient -ree$ and Ao&an ci,ili1ation7 Go? ?e stand at its gra,e7 Ao&e had dri,en the le,eling )lane o3 its ?orld rule o,er all the countries o3 the Mediterranean basin, and that 3or centuries7 #!ce)t ?hen -ree$ o33ered resistance, all natural languages had been 3orced to yield to a debased >atin; there ?ere no &ore national di33erences, no &ore -auls, 5berians, >igurians, Goricans; all had beco&e Ao&ans7 Ao&an ad&inistration and Ao&an la? had e,ery?here bro$en u) the old $inshi) grou)s, and ?ith the&

81

'he For&ation o3 the tate a&ong -er&ans

the last ,estige o3 local and national inde)endence7 'he hal3-ba$ed culture o3 Ao&e )ro,ided no substitute; it e!)ressed no nationality, only the lac$ o3 nationality7 'he ele&ents o3 ne? nations ?ere )resent e,ery?here; the >atin dialects o3 the ,arious )ro,inces ?ere beco&ing increasingly di33erentiated; the natural boundaries ?hich once had &ade 5taly, -aul, )ain, (3rica inde)endent territories, ?ere still there and still &ade the&sel,es 3elt7 4ut the strength ?as not there to 3use these ele&ents into ne? nations; there ?as no longer a sign any?here o3 ca)acity 3or de,elo)&ent, or )o?er o3 resistance, to say nothing o3 creati,e energy7 'he enor&ous &ass o3 hu&anity in the ?hole enor&ous territory ?as held together by one bond only: the Ao&an state; and the Ao&an state had beco&e in the course o3 ti&e their ?orst ene&y and o))ressor7 'he )ro,inces had annihilated Ao&e; Ao&e itsel3 had beco&e a )ro,incial to?n li$e the rest < )ri,ileged, but no longer the ruler, no longer the hub o3 the ?orld e&)ire, not e,en the seat o3 the e&)erors or sub-e&)erors, ?ho no? li,ed in Honstantino)le, 're,es, Milan7 'he Ao&an state had beco&e a huge, co&)licated &achine, e!clusi,ely 3or bleeding its subBects, 'a!es, state i&)osts and tributes o3 e,ery $ind )ressed the &ass o3 the )eo)le al?ays dee)er into )o,erty; the )ressure ?as intensi3ied until the e!actions o3 go,ernors, ta!-collectors, and ar&ies &ade it unbearable7 'hat ?as ?hat the Ao&an state had achie,ed ?ith its ?orld rule7 5t ga,e as the Busti3ication o3 its e!istence that it &aintained order ?ithin the e&)ire and )rotected it against the barbarians ?ithout7 4ut its order ?as ?orse than the ?orst disorder, and the citi1ens ?ho& it clai&ed to )rotect against the barbarians longed 3or the barbarians to deli,er the&7 ocial conditions ?ere no less des)erate7 (lready in the last years o3 the re)ublic the )olicy o3 Ao&an rule had been ruthlessly to e!)loit the )ro,inces; the e&)ire, 3ar 3ro& abolishing this e!)loitation, had organi1ed it7 'he &ore the e&)ire declined, the higher rose the ta!es and le,ies, the &ore sha&elessly the o33icials robbed and e!torted7 'he Ao&ans had al?ays been too occu)ied in ruling other nations to beco&e )ro3icient in trade and industry; it ?as only as usurers that they beat all ?ho ca&e be3ore or a3ter7 What co&&erce had already e!isted and still sur,i,ed ?as no? ruined by o33icial e!tortion; it struggled on only in the eastern, -ree$ )art o3 the e&)ire, ?hich lies outside the )resent study7 -eneral i&)o,erish&ent; decline o3 co&&erce, handicra3ts and art; 3all in the )o)ulation; decay o3 the to?ns; rela)se o3 agriculture to a lo?er le,el-such ?as the 3inal result o3 Ao&an ?orld rule7 (griculture, al?ays the decisi,e branch o3 )roduction throughout the ancient ?orld, ?as no? &ore so than e,er7 5n 5taly, the enor&ous estates 6lati3undia8 ?hich, since the end o3 the re)ublic, occu)ied al&ost the ?hole country, had been e!)loited in t?o di33erent ?ays7 'hey had been used either as )astures, the )o)ulation being dis)laced by shee) and cattle, ?hich could be tended by a 3e? sla,es, or as country estates 6,illae8, ?here large-scale horticulture ?as carried on ?ith &asses o3 sla,es, )artly as a lu!ury 3or the o?ner, )artly 3or sale in the to?n &ar$ets7 'he great gra1ing 3ar&s had $e)t going and had )robably e,en e!tended; the country estates and their gardens had been ruined through the i&)o,erish&ent o3 their o?ners and the decay o3 the to?ns7 'he syste& o3 lati3undia run by sla,e labor no longer )aid; but at that ti&e no other 3or& o3 largescale agriculture ?as )ossible7 &all )roduction had again beco&e the only )ro3itable 3or&7 One country estate a3ter another ?as cut u) into s&all lots, ?hich ?ere handed o,er either to tenants, ?ho )aid a 3i!ed su& and had hereditary rights, or to )artiariiZ, ste?ards rather than tenants, ?ho recei,ed a si!th or e,en only a ninth o3 the yearIs )roduct in return 3or their labor7 For the &ost )art, ho?e,er, these s&all lots o3 land ?ere gi,en out to coloni, ?ho )aid 3or the& a de3inite yearly a&ount, ?ere tied to the soil and could be sold together ?ith their lot7 'rue, they ?ere not sla,es, but neither ?ere they 3ree; they could not &arry 3ree )ersons, and their &arriages ?ith one another ?ere not regarded as 3ull &arriages, but, li$e those o3 sla,es, as &ere concubinage 6contuberniu&87 'hey ?ere the 3orerunners o3 the &edie,al ser3s7 'he sla,ery o3 classical ti&es had outli,ed itsel37 Whether e&)loyed on the land in large-scale agriculture or in &anu3acture in the to?ns, it no longer yielded any satis3actory return < the &ar$et 3or its )roducts ?as no longer there7 4ut the s&all-scale agriculture and the s&all

8+

'he For&ation o3 the tate a&ong -er&ans

handicra3t )roduction to ?hich the enor&ous )roduction o3 the e&)ire in its )ros)erous days ?as no? shrun$ had no roo& 3or nu&bers o3 sla,es7 Only 3or the do&estic and lu!ury sla,es o3 the ?ealthy ?as there still a )lace in society7 4ut though it ?as dying out, sla,ery ?as still co&&on enough to &a$e all )roducti,e labor a))ear to be ?or$ 3or sla,es, un?orthy o3 3ree Ao&ans < and e,erybody ?as a 3ree Ao&an no?7 Hence, on the one side, increasing &anu&issions o3 the su)er3luous sla,es ?ho ?ere no? a burden; on the other hand, a gro?th in so&e )arts in the nu&bers o3 the coloni, and in other )arts o3 the declassed 3ree&en 6li$e the C)oor ?hitesE in the e!-sla,e states o3 (&erica87 Hhristianity is co&)letely innocent o3 the gradual dying out o3 ancient sla,ery; it ?as itsel3 acti,ely in,ol,ed in the syste& 3or centuries under the Ao&an #&)ire, and ne,er inter3ered later ?ith sla,e-trading by Hhristians: not ?ith the -er&ans in the north, or ?ith the %enetians in the Mediterranean, or ?ith the later trade in Gegroes7 !!i, la,ery no longer )aid; it ?as 3or that reason it died out7 4ut in dying it le3t behind its )oisoned sting < the stig&a attaching to the )roducti,e labor o3 3ree&en7 'his ?as the blind alley 3ro& ?hich the Ao&an ?orld had no ?ay out: sla,ery ?as econo&ically i&)ossible, the labor o3 3ree&en ?as &orally ostraci1ed7 'he one could be the basic 3or& o3 social )roduction no longer; the other, not yet7 Gothing could hel) here e!ce)t a co&)lete re,olution7 'hings ?ere no better in the )ro,inces7 We ha,e &ost &aterial about -aul7 Here there ?as still a 3ree s&all )easantry in addition to coloni;7 5n order to be secured against o))ression by o33icials, Budges, and usurers, these )easants o3ten )laced the&sel,es under the )rotection, the )atronage, o3 a )o?er3ul )erson; and it ?as not only indi,iduals ?ho did so, but ?hole co&&unities, so that in the 3ourth century the e&)erors 3reDuently )rohibited the )ractice7 4ut ?hat hel) ?as this )rotection to those ?ho sought itN 'heir )atron &ade it a condition that they should trans3er to hi& the rights o3 o?nershi) in their )ieces o3 land, in return 3or ?hich he guaranteed the& the use o3 the land 3or their li3eti&e < a tric$ ?hich the Holy Hhurch too$ note o3 and in the ninth and tenth centuries lustily i&itated, to the increase o3 -od;s glory and its o?n lands7 (t this ti&e, it is true, about the year 4@J, 4isho) al,ianus o3 Marseilles still in,eighs indignantly against such the3t7 He relates that o))ression by Ao&an o33icials and great landlords had beco&e so hea,y that &any CAo&ansE 3led into districts already occu)ied by the barbarians, and that the Ao&an citi1ens settled there 3eared nothing so &uch as a return to Ao&an rule7 'hat )arents o?ing to their )o,erty o3ten sold their children into sla,ery at this ti&e is )ro,ed by a decree )rohibiting the )ractice7 5n return 3or liberating the Ao&ans 3ro& their o?n state, the -er&an barbarians too$ 3ro& the& t?o-thirds o3 all the land and di,ided it a&ong the&sel,es7 'he di,ision ?as &ade according to the gentile constitution7 'he conDuerors being relati,ely 3e? in nu&ber, large tracts o3 land ?ere le3t undi,ided, as the )ro)erty )artly o3 the ?hole )eo)le, )artly o3 the indi,idual tribes and gentes7 Within each gens the arable and &eado? land ?as distributed by lot in eDual )ortions a&ong the indi,idual households7 We do not $no? ?hether reallot&ents o3 the land ?ere re)eatedly carried out at this ti&e, but in any e,ent they ?ere soon discontinued in the Ao&an )ro,inces and the indi,idual lots beca&e alienable )ri,ate )ro)erty, allodi m7 Woods and )astures re&ained undi,ided 3or co&&on use; the )ro,isions regulating their co&&on use, and the &anner in ?hich the di,ided land ?as to be culti,ated, ?ere settled in accordance ?ith ancient custo& and by the decision o3 the ?hole co&&unity7 'he longer the gens re&ained settled in its ,illage and the &ore the -er&ans and the Ao&ans gradually &erged, the &ore the bond o3 union lost its character o3 $inshi) and beca&e territorial7 'he gens ?as lost in the &ar$ co&&unity, in ?hich, ho?e,er, traces o3 its origin in the $inshi) o3 its &e&bers are o3ten enough still ,isible7 'hus, at least in those countries ?here the &ar$ co&&unity &aintained itsel3 northern France, #ngland, -er&any and candina,ia - the gentile constitution changed i&)erce)tibly into a local constitution and thus beca&e ca)able o3 incor)oration into the state7 4ut it ne,ertheless retained that )ri&iti,e de&ocratic character ?hich distinguishes the ?hole gentile constitution, and thus e,en in its later en3orced degeneration and u) to the &ost recent

89

'he For&ation o3 the tate a&ong -er&ans

ti&es it $e)t so&ething o3 the gentile constitution ali,e, to be a ?ea)on in the hands o3 the o))ressed7 'his ?ea$ening o3 the bond o3 blood in the gens 3ollo?ed 3ro& the degeneration o3 the organs o3 $inshi) also in the tribe and in the entire )eo)le as a result o3 their conDuests7 (s ?e $no?, rule o,er subBugated )eo)les is inco&)atible ?ith the gentile constitution7 Here ?e can see this on a large scale7 'he -er&an )eo)les, no? &asters o3 the Ao&an )ro,inces, had to organi1e ?hat they had conDuered7 4ut they could neither absorb the &ass o3 Ao&ans into the gentile bodies nor go,ern the& through these bodies7 (t the head o3 the Ao&an local go,erning bodies, &any o3 ?hich continued 3or the ti&e being to 3unction, had to be )laced a substitute 3or the Ao&an state, and this substitute could only be another state7 'he organs o3 the gentile constitution had to be trans3or&ed into state organs, and that ,ery idly, 3or the situation ?as urgent7 4ut the i&&ediate re)resentati,e o3 the conDuering )eo)le ?as their &ilitary leader7 'o secure the conDuered territory against attac$ 3ro& ?ithin and ?ithout, it ?as necessary to strengthen his )o?er7 'he &o&ent had co&e to trans3or& the &ilitary leadershi) into $inshi): the trans3or&ation ?as &ade7 >et us ta$e the country o3 the Fran$s7 Here the ,ictorious alian )eo)le had co&e into co&)lete )ossession, not only o3 the e!tensi,e Ao&an state do&ains, but also o3 the ,ery large tracts o3 land ?hich had not been distributed a&ong the larger and s&aller district and &ar$ co&&unities, in )articular all the larger 3orest areas7 On his trans3or&ation 3ro& a )lain &ilitary chie3 into the real so,ereign o3 a country, the 3irst thing ?hich the $ing o3 the Fran$s did ?as to trans3or& this )ro)erty o3 the )eo)le into cro?n lands, to steal it 3ro& the )eo)le and to gi,e it, outright or in 3ie3, to his retainers7 'his retinue, ?hich originally consisted o3 his )ersonal 3ollo?ing o3 ?arriors and o3 the other lesser &ilitary leaders, ?as )resently increased not only by Ao&ans < Ao&ani1ed -auls, ?hose education, $no?ledge o3 ?riting, 3a&iliarity ?ith the s)o$en Ao&ance language o3 the country and the ?ritten >atin language, as ?ell as ?ith the countryIs la?s, soon &ade the& indis)ensable to hi&, but also by sla,es, ser3s and 3reed&en, ?ho co&)osed his court and 3ro& ?ho& he chose his 3a,orites7 (ll these recei,ed their )ortions o3 the )eo)leIs land, at 3irst generally in the 3or& o3 gi3ts, later o3 bene3ices, usually con3erred, to begin ?ith, 3or the $ingIs li3eti&e7 'hus, at the e!)ense o3 the )eo)le the 3oundation o3 a ne? nobility ?as laid7 (nd that ?as not all7 'he ?ide e!tent o3 the $ingdo& could not be go,erned ?ith the &eans )ro,ided by the old gentile constitution; the council o3 chie3s, e,en i3 it had not long since beco&e obsolete, ?ould ha,e been unable to &eet, and it ?as soon dis)laced by the )er&anent retinue o3 the $ing; the old asse&bly o3 the )eo)le continued to e!ist in na&e, but it also increasingly beca&e a &ere asse&bly o3 &ilitary leaders subordinate to the $ing, and o3 the ne? rising nobility7 4y the incessant ci,il ?ars and ?ars o3 conDuest 6the latter ?ere )articularly 3reDuent under Hharle&agne8, the 3ree land-o?ning )easants, the &ass o3 the Fran$ish )eo)le, ?ere reduced to the sa&e state o3 e!haustion and )enury as the Ao&an )easants in the last years o3 the Ae)ublic7 'hough they had originally constituted the ?hole ar&y and still re&ained its bac$bone a3ter the conDuest o3 France, by the beginning o3 the ninth century they ?ere so i&)o,erished that hardly one &an in 3i,e could go to the ?ars7 'he ar&y o3 3ree )easants raised directly by the $ing ?as re)laced by an ar&y co&)osed o3 the ser,ing-&en o3 the ne? nobles, including bonds&en, descendants o3 &en ?ho in earlier ti&es had $no?n no &aster sa,e the $ing and still earlier no &aster at all, not e,en a $ing7 'he internal ?ars under Hharle&agneIs successors, the ?ea$ness o3 the authority o3 the cro?n, and the corres)onding e!cesses o3 the nobles 6including the counts instituted by Hharle&agne, ?ho ?ere no? stri,ing to &a$e their o33ice hereditary8, had already brought ruin on the Fran$ish )easantry, and the ruin ?as 3inally co&)leted by the in,asions o3 the Gorse&en7 Fi3ty years a3ter the death o3 Hharle&agne, the #&)ire o3 the Fran$s lay as de3enseless at the 3eet o3 the Gorse&en as the Ao&an #&)ire, 3our hundred years earlier, had lain at the 3eet o3 the Fran$s7 Got only ?as there the sa&e i&)otence against ene&ies 3ro& ?ithout, but there ?as al&ost the sa&e social order or rather disorder ?ithin7 'he 3ree Fran$ish )easants ?ere in a )light si&ilar to

84

'he For&ation o3 the tate a&ong -er&ans

their )redecessors, the Ao&an coloni7 Plundered, and ruined by ?ars, they had been 3orced to )ut the&sel,es under the )rotection o3 the ne? nobles or o3 the Hhurch, the cro?n being too ?ea$ to )rotect the&7 4ut they had to )ay dearly 3or it7 >i$e the -allic )easants earlier, they had to trans3er their rights o3 )ro)erty in land to their )rotecting lord and recei,ed the land bac$ 3ro& hi& in tenancies o3 ,arious and changing 3or&s, but al?ays only in return 3or ser,ices and dues7 Once in this )osition o3 de)endence, they gradually lost their )ersonal 3reedo& also; a3ter a 3e? generations &ost o3 the& ?ere already ser3s7 Ho? ra)id ?as the disa))earance o3 the 3ree )easantry is sho?n by 5r&inon;s records o3 the &onastic )ossessions o3 the (bbey o3 aint -er&ain des Pr[s, at that ti&e near, no? in, Paris7 On the huge holdings o3 this (bbey, ?hich ?ere scattered in the surrounding country, there li,ed in Hharle&agne;s ti&e +,@88 households, ?hose &e&bers ?ere al&ost ?ithout e!ce)tion Fran$s ?ith -er&an na&es7 'hey included +,:8: coloni, 9J lites .se&i-3ree )easants < #d7/, ++: sla,es, and only eight 3reehold tenantsO 'he godless )ractice, as al,ianus had called it, by ?hich the )rotecting lord had the )easant;s land trans3erred to hi&sel3 as his o?n )ro)erty, and only ga,e it bac$ to the )easant 3or use during li3e, ?as no? co&&only e&)loyed by the Hhurch against the )easants7 'he 3orced ser,ices no? i&)osed ?ith increasing 3reDuency had had their )rototy)e as &uch in the Ao&an angariae, co&)ulsory labor 3or the state, as in the ser,ices )ro,ided by &e&bers o3 the -er&an &ar$s 3or bridge and road-&a$ing and other co&&on )ur)oses7 'o all a))earances, there3ore, a3ter 3our hundred years, the &ass o3 the )eo)le ?ere bac$ again ?here they had started7 4ut that only )ro,ed t?o things: 3irst, that the social strati3ication and the distribution o3 )ro)erty in the declining Ao&an #&)ire co&)letely corres)ond to the le,el o3 agricultural and industrial )roduction at that ti&e, and had there3ore been ine,itable; secondly, that this le,el o3 )roduction had neither risen nor 3allen signi3icantly during the 3ollo?ing 3our centuries and had there3ore ?ith eDual necessity again )roduced the sa&e distribution o3 )ro)erty and the sa&e classes in the )o)ulation7 5n the last centuries o3 the Ao&an #&)ire the to?n had lost its 3or&er su)re&acy o,er the country, and in the 3irst centuries o3 -er&an rule it had not regained it7 'his i&)lies a lo? le,el o3 de,elo)&ent both in agriculture and industry7 'his general situation necessarily )roduces big ruling lando?ners and a de)endent s&all )easantry7 Ho? i&)ossible it ?as to gra3t onto such a society either the Ao&an syste& o3 lati3undia ?or$ed by sla,e-labor or the ne?er large-scale agriculture ?or$ed by 3orced ser,ices is )ro,ed by Hharle&agneIs e!)eri&ents ?ith the 3a&ous i&)erial country estates 6,illae87 'hese e!)eri&ents ?ere gigantic in sco)e, but they le3t scarcely a trace7 'hey ?ere continued only by the &onasteries, and only 3or the& ?ere they 3ruit3ul7 4ut the &onasteries ?ere abnor&al social bodies, 3ounded on celibacy; they could )roduce e!ce)tional results, but 3or that ,ery reason necessarily continued to be e!ce)tional the&sel,es7 (nd yet )rogress ?as &ade during these 3our hundred years7 'hough at the end ?e 3ind al&ost the sa&e &ain classes as at the beginning, the hu&an beings ?ho 3or&ed these classes ?ere di33erent7 (ncient sla,ery had gone, and so had the )au)er 3ree&en ?ho des)ised ?or$ as only 3it 3or sla,es7 4et?een the Ao&an colonus and the ne? bonds&an had stood the 3ree Fran$ish )easant7 'he Cuseless &e&ories and ai&less stri3eE o3 decadent Ao&an culture ?ere dead and buried7 'he social classes o3 the ninth century had been 3or&ed, not in the rottenness o3 a decaying ci,ili1ation, but in the birth-)angs o3 a ne? ci,ili1ation7 Ho&)ared ?ith their Ao&an )redecessors, the ne? breed, ?hether &asters or ser,ants, ?as a breed o3 &en7 'he relation o3 )o?er3ul lando?ners and subBect )easants ?hich had &eant 3or the ancient ?orld the 3inal ruin, 3ro& ?hich there ?as no esca)e, ?as 3or the& the starting-)oint o3 a ne? de,elo)&ent7 (nd, 3urther, ho?e,er un)roducti,e these 3our centuries a))ear, one great )roduct they did lea,e: the &odern nationalities, the ne? 3or&s and structures through ?hich ?est #uro)ean hu&anity ?as to &a$e co&ing history7 'he -er&ans had, in 3act, gi,en #uro)e ne? li3e, and there3ore the brea$-u) o3 the states in the -er&anic )eriod ended, not in subBugation by the Gorse&en and aracens, but in the 3urther de,elo)&ent o3 the syste& o3 bene3ices and )rotection into 3eudalis&,

8J

'he For&ation o3 the tate a&ong -er&ans

and in such an enor&ous increase o3 the )o)ulation that scarcely t?o centuries later the se,ere blood-letting o3 the Hrusades ?as borne ?ithout inBury7 4ut ?hat ?as the &ysterious &agic by ?hich the -er&ans breathed ne? li3e into a dying #uro)eN Was it so&e &iraculous )o?er innate in the -er&anic race, such as our chau,inist historians ro&ance aboutN Got a bit o3 it7 'he -er&ans, es)ecially at that ti&e, ?ere a highly gi3ted (ryan tribe, and in the 3ull ,igor o3 de,elo)&ent7 5t ?as not, ho?e,er, their s)eci3ic national Dualities ?hich reBu,enated #uro)e, but si&)ly < their barbaris&, their gentile constitution7 'heir indi,idual ability and courage, their sense o3 3reedo&, their de&ocratic instinct ?hich in e,erything o3 )ublic concern 3elt itsel3 concerned; in a ?ord, all the Dualities ?hich had been lost to the Ao&ans and ?ere alone ca)able o3 3or&ing ne? states and &a$ing ne? nationalities gro? out o3 the sli&e o3 the Ao&an ?orld-?hat else ?ere they than the characteristics o3 the barbarian o3 the u))er stage, 3ruits o3 his gentile constitutionN 53 they recast the ancient 3or& o3 &onoga&y, &oderated the su)re&acy o3 the &an in the 3a&ily, and ga,e the ?o&an a higher )osition than the classical ?orld had e,er $no?n, ?hat &ade the& ca)able o3 doing so i3 not their barbaris&, their gentile custo&s, their li,ing heritage 3ro& the ti&e o3 &other-rightN 53 in at least three o3 the &ost i&)ortant countries, -er&any, northern France and #ngland, they carried o,er into the 3eudal state a genuine )iece o3 gentile constitution, in the 3or& o3 &ar$ co&&unities, thus gi,ing the o))ressed class, the )easants, e,en under the harshest &edie,al ser3do&, a local center o3 solidarity and a &eans o3 resistance such as neither the sla,es o3 classical ti&es nor the &odern )roletariat 3ound ready to their hand - to ?hat ?as this due, i3 not to their barbaris&, their )urely barbarian &ethod o3 settle&ent in $inshi) grou)sN >astly: they ?ere able to de,elo) and &a$e uni,ersal the &ilder 3or& o3 ser,itude they had )racticed in their o?n country, ?hich e,en in the Ao&an #&)ire increasingly dis)laced sla,ery; a 3or& o3 ser,itude ?hich, as Fourier 3irst stressed, gi,es to the bonds&en the &eans o3 their gradual liberation as a class 6C3ournit au! culti,ateurs des &oyens dIa33ranchisse&ent collecti3 et Progressi3E8; a 3or& o3 ser,itude ?hich thus stands high abo,e sla,ery, ?here the only )ossibility is the i&&ediate release, ?ithout any transitional stage, o3 indi,idual sla,es 6abolition o3 sla,ery by success3ul rebellion is un$no?n to antiDuity8, ?hereas the &edie,al ser3s gradually ?on their liberation as a class7 (nd to ?hat do ?e o?e this i3 not to their barbaris&, than$s to ?hich they had not yet reached the stage o3 3ully de,elo)ed sla,ery, neither the labor sla,ery o3 the classical ?orld nor the do&estic sla,ery o3 the OrientN (ll the ,igorous and creati,e li3e ?hich the -er&ans in3used into the Ao&an ?orld ?as barbaris&7 Only barbarians are able to reBu,enate a ?orld in the throes o3 colla)sing ci,ili1ation7 (nd )recisely the highest stage o3 barbaris&, to ?hich and in ?hich the -er&ans ?or$ed their ?ay u)?ards be3ore the &igrations, ?as the &ost 3a,orable 3or this )rocess7 'hat e!)lains e,erything7

I%. &ar'arism and Ci(ili)ation

We ha,e no? traced the dissolution o3 the gentile constitution in the three great instances o3 the -ree$s, the Ao&ans, and the -er&ans7 5n conclusion, let us e!a&ine the general econo&ic conditions ?hich already under&ined the gentile organi1ation o3 society at the u))er stage o3 barbaris& and ?ith the co&ing o3 ci,ili1ation o,erthre? it co&)letely7 Here ?e shall need Mar!Is $apital as &uch as Morgan;s boo$7 (rising in the &iddle stage o3 sa,agery, 3urther de,elo)ed during its u))er stage, the gens reaches its &ost 3lourishing )eriod, so 3ar as our sources enable us to Budge, during the lo?er stage o3 barbaris&7 We begin there3ore ?ith this stage7 Here < the (&erican 5ndians &ust ser,e as our e!a&)le < ?e 3ind the gentile constitution 3ully 3or&ed7 'he tribe is no? grou)ed in se,eral gentes, generally t?o7 With the increase in )o)ulation, each o3 these original gentes s)lits u) into se,eral daughter gentes, their &other gens no? a))earing as the )hratry7 'he tribe itsel3 brea$s u) into se,eral tribes, in each o3 ?hich ?e 3ind again, 3or the &ost )art, the old gentes7 'he related tribes, at least in so&e cases, are united in a con3ederacy7 'his si&)le organi1ation su33ices co&)letely 3or the social conditions out o3 ?hich it s)rang7 5t is nothing &ore than the grou)ing natural to those conditions, and it is ca)able o3 settling all con3licts that can arise ?ithin a society so organi1ed7 War settles e!ternal con3licts; it &ay end ?ith the annihilation o3 the tribe, but ne,er ?ith its subBugation7 5t is the greatness, but also the li&itation, o3 the gentile constitution that it has no )lace 3or ruler and ruled7 Within the tribe there is as yet no di33erence bet?een rights and duties; the Duestion ?hether )artici)ation in )ublic a33airs, in blood re,enge or atone&ent, is a right or a duty, does not e!ist 3or the 5ndian; it ?ould see& to hi& Bust as absurd as the Duestion ?hether it ?as a right or a duty to slee), eat, or hunt7 ( di,ision o3 the tribe or o3 the gens into di33erent classes ?as eDually i&)ossible7 (nd that brings us to the e!a&ination o3 the econo&ic basis o3 these conditions7 'he )o)ulation is e!tre&ely s)arse; it is dense only at the tribe;s )lace o3 settle&ent, around ?hich lie in a ?ide circle 3irst the hunting grounds and then the )rotecti,e belt o3 neutral 3orest, ?hich se)arates the tribe 3ro& others7 'he di,ision o3 labor is )urely )ri&iti,e, bet?een the se!es only7 'he &an 3ights in the ?ars, goes hunting and 3ishing, )rocures the ra? &aterials o3 3ood and the tools necessary 3or doing so7 'he ?o&an loo$s a3ter the house and the )re)aration o3 3ood and clothing, coo$s, ?ea,es, se?s7 'hey are each &aster in their o?n s)here: the &an in the 3orest, the ?o&an in the house7 #ach is o?ner o3 the instru&ents ?hich he or she &a$es and uses: the &an o3 the ?ea)ons, the hunting and 3ishing i&)le&ents, the ?o&an o3 the household gear7 'he house$ee)ing is co&&unal a&ong se,eral and o3ten &any 3a&ilies7 !!, What is &ade and used in co&&on is co&&on )ro)erty - the house, the garden, the long-boat7 Here there3ore, and here alone, there still e!ists in actual 3act that C)ro)erty created by the o?ner;s laborE ?hich in ci,ili1ed society is an ideal 3iction o3 the Burists and econo&ists, the last lying legal )retense by ?hich &odern ca)italist )ro)erty still bolsters itsel3 u)7 4ut hu&anity did not e,ery?here re&ain at this stage7 5n (sia they 3ound ani&als ?hich could be ta&ed and, ?hen once ta&ed, bred7 'he ?ild bu33alo-co? had to be hunted; the ta&e bu33alo-co? ga,e a cal3 yearly and &il$ as ?ell7 ( nu&ber o3 the &ost ad,anced tribes < the (ryans, e&ites, )erha)s already also the 'uranians < no? &ade their chie3 ?or$ 3irst the ta&ing o3 cattle, later their breeding and tending only7 Pastoral tribes se)arated the&sel,es 3ro& the &ass o3 the rest o3 the barbarians: the 3irst great social di,ision o3 labor7 'he )astoral tribes )roduced not only &ore necessities o3 li3e than the other barbarians, but di33erent ones7 'hey )ossessed the ad,antage o,er the& o3 ha,ing not only &il$, &il$ )roducts and greater su))lies o3 &eat, but also s$ins, ?ool, goat-hair, and s)un and ?o,en 3abrics, ?hich beca&e &ore co&&on as the a&ount o3 ra?

8@

4arbaris& and Hi,ilisation

&aterial increased7 'hus 3or the 3irst ti&e regular e!change beca&e )ossible7 (t the earlier stages only occasional e!changes can ta$e )lace; )articular s$ill in the &a$ing o3 ?ea)ons and tools &ay lead to a te&)orary di,ision o3 labor7 'hus in &any )laces undoubted re&ains o3 ?or$sho)s 3or the &a$ing o3 stone tools ha,e been 3ound, dating 3ro& the later tone (ge7 'he artists ?ho here )er3ected their s$ill )robably ?or$ed 3or the ?hole co&&unity, as each s)ecial handicra3ts&an still does in the gentile co&&unities in 5ndia7 5n no case could e!change arise at this stage e!ce)t ?ithin the tribe itsel3, and then only as an e!ce)tional e,ent7 4ut no?, ?ith the di33erentiation o3 )astoral tribes, ?e 3ind all the conditions ri)e 3or e!change bet?een branches o3 di33erent tribes and its de,elo)&ent into a regular established institution7 Originally tribes e!changed ?ith tribe through the res)ecti,e chie3s o3 the gentes; but as the herds began to )ass into )ri,ate o?nershi), e!change bet?een indi,iduals beca&e &ore co&&on, and, 3inally, the only 3or&7 Go? the chie3 article ?hich the )astoral tribes e!changed ?ith their neighbors ?as cattle; cattle beca&e the co&&odity by ?hich all other co&&odities ?ere ,alued and ?hich ?as e,ery?here ?illingly ta$en in e!change 3or the& < in short, cattle acDuired a &oney 3unction and already at this stage did the ?or$ o3 &oney7 With such necessity and s)eed, e,en at the ,ery beginning o3 co&&odity e!change, did the need 3or a &oney co&&odity de,elo)7 Horticulture, )robably un$no?n to (siatic barbarians o3 the lo?er stage, ?as being )racticed by the& in the &iddle stage at the latest, as the 3orerunner o3 agriculture7 5n the cli&ate o3 the 'uranian )lateau, )astoral li3e is i&)ossible ?ithout su))lies o3 3odder 3or the long and se,ere ?inter7 Here, there3ore, it ?as essential that land should be )ut under grass and corn culti,ated7 'he sa&e is true o3 the ste))es north o3 the 4lac$ ea7 4ut ?hen once corn had been gro?n 3or the cattle, it also soon beca&e 3ood 3or &en7 'he culti,ated land still re&ained tribal )ro)erty; at 3irst it ?as allotted to the gens, later by the gens to the household co&&unities and 3inally to indi,iduals 3or use7 'he users &ay ha,e had certain rights o3 )ossession, but nothing &ore7 O3 the industrial achie,e&ents o3 this stage, t?o are )articularly i&)ortant7 'he 3irst is the loo&, the second the s&elting o3 &etal ores and the ?or$ing o3 &etals7 Ho))er and tin and their alloy, bron1e, ?ere by 3ar the &ost i&)ortant7 4ron1e )ro,ided ser,iceable tools and ?ea)ons, though it could not dis)lace stone tools; only iron could do that, and the &ethod o3 obtaining iron ?as not yet understood7 -old and sil,er ?ere beginning to be used 3or orna&ent and decoration, and &ust already ha,e acDuired a high ,alue as co&)ared ?ith co))er and bron1e7 'he increase o3 )roduction in all branches < cattle-raising, agriculture, do&estic handicra3ts < ga,e hu&an labor-)o?er the ca)acity to )roduce a larger )roduct than ?as necessary 3or its &aintenance7 (t the sa&e ti&e it increased the daily a&ount o3 ?or$ to be done by each &e&ber o3 the gens, household co&&unity or single 3a&ily7 5t ?as no? desirable to bring in ne? labor 3orces7 War )ro,ided the&; )risoners o3 ?ar ?ere turned into sla,es7 With its increase o3 the )roducti,ity o3 labor, and there3ore o3 ?ealth, and its e!tension o3 the 3ield o3 )roduction, the 3irst great social di,ision o3 labor ?as bound, in the general historical conditions )re,ailing, to bring sla,ery in its train7 Fro& the 3irst great social di,ision o3 labor arose the 3irst great clea,age o3 society into t?o classes: &asters and sla,es, e!)loiters and e!)loited7 (s to ho? and ?hen the herds )assed out o3 the co&&on )ossession o3 the tribe or the gens into the o?nershi) o3 indi,idual heads o3 3a&ilies, ?e $no? nothing at )resent7 4ut in the &ain it &ust ha,e occurred during this stage7 With the herds and the other ne? riches, a re,olution ca&e o,er the 3a&ily7 'o )rocure the necessities o3 li3e had al?ays been the business o3 the &an; he )roduced and o?ned the &eans o3 doing so7 'he herds ?ere the ne? &eans o3 )roducing these necessities; the ta&ing o3 the ani&als in the 3irst instance and their later tending ?ere the &an;s ?or$7 'o hi&, there3ore, belonged the cattle, and to hi& the co&&odities and the sla,es recei,ed in e!change 3or cattle7 (ll the sur)lus ?hich the acDuisition o3 the necessities o3 li3e no? yielded 3ell to the &an; the ?o&an shared in its enBoy&ent, but had no )art in its o?nershi)7 'he Csa,ageE ?arrior and hunter had been content to ta$e second )lace in the house, a3ter the ?o&an; the CgentlerE she)herd, in the arrogance o3 his ?ealth, )ushed hi&sel3 3or?ard into the 3irst )lace

88

4arbaris& and Hi,ilisation

and the ?o&an do?n into the second7 (nd she could not co&)lain7 'he di,ision o3 labor ?ithin the 3a&ily had regulated the di,ision o3 )ro)erty bet?een the &an and the ?o&an7 'hat di,ision o3 labor had re&ained the sa&e; and yet it no? turned the )re,ious do&estic relation u)side do?n, si&)ly because the di,ision o3 labor outside the 3a&ily had changed7 'he sa&e cause ?hich had ensured to the ?o&an her )re,ious su)re&acy in the house < that her acti,ity ?as con3ined to do&estic labor < this sa&e cause no? ensured the &anIs su)re&acy in the house: the do&estic labor o3 the ?o&an no longer counted beside the acDuisition o3 the necessities o3 li3e by the &an; the latter ?as e,erything, the 3or&er an uni&)ortant e!tra7 We can already see 3ro& this that to e&anci)ate ?o&an and &a$e her the eDual o3 the &an is and re&ains an i&)ossibility so long as the ?o&an is shut out 3ro& social )roducti,e labor and restricted to )ri,ate do&estic labor7 'he e&anci)ation o3 ?o&an ?ill only be )ossible ?hen ?o&an can ta$e )art in )roduction on a large, social scale, and do&estic ?or$ no longer clai&s anything but an insigni3icant a&ount o3 her ti&e7 (nd only no? has that beco&e )ossible through &odern large-scale industry, ?hich does not &erely )er&it o3 the e&)loy&ent o3 3e&ale labor o,er a ?ide range, but )ositi,ely de&ands it, ?hile it also tends to?ards ending )ri,ate do&estic labor by changing it &ore and &ore into a )ublic industry7 'he &an no? being actually su)re&e in the house, the last barrier to his absolute su)re&acy had 3allen7 'his autocracy ?as con3ir&ed and )er)etuated by the o,erthro? o3 &other-right, the introduction o3 3ather-right, and the gradual transition o3 the )airing &arriage into &onoga&y7 4ut this tore a breach in the old gentile order; the single 3a&ily beca&e a )o?er, and its rise ?as a &enace to the gens7 'he ne!t ste) leads us to the u))er stage o3 barbaris&, the )eriod ?hen all ci,ili1ed )eo)les ha,e their Heroic (ge: the age o3 the iron s?ord, but also o3 the iron )lo?share and a!7 5ron ?as no? at the ser,ice o3 &an, the last and &ost i&)ortant o3 all the ra? &aterials ?hich )layed a historically re,olutionary role < until the )otato7 5ron brought the tillage o3 large areas, the clearing o3 ?ide tracts o3 ,irgin 3orest; iron ga,e to the handicra3ts&an tools so hard and shar) that no stone, no other $no?n &etal could resist the&7 (ll this ca&e gradually; the 3irst iron ?as o3ten e,en so3ter than bron1e7 Hence stone ?ea)ons only disa))eared slo?ly; not &erely in the Hildebrandslied, but e,en as late as Hastings in 1:22, .the 3inal battle in the Gor&an HonDuest o3 #ngland/ stone a!es ?ere still used 3or 3ighting7 4ut )rogress could not no? be sto))ed; it ?ent 3or?ard ?ith 3e?er chec$s and greater s)eed7 'he to?n, ?ith its houses o3 stone or bric$, encircled by stone ?alls, to?ers and ra&)arts, beca&e the central seat o3 the tribe or the con3ederacy o3 tribes < an enor&ous architectural ad,ance, but also a sign o3 gro?ing danger and need 3or )rotection7 Wealth increased ra)idly, but as the ?ealth o3 indi,iduals7 'he )roducts o3 ?ea,ing, &etal-?or$ and the other handicra3ts, ?hich ?ere beco&ing &ore and &ore di33erentiated, dis)layed gro?ing ,ariety and s$ill7 5n addition to corn, legu&inous )lants and 3ruit, agriculture no? )ro,ided ?ine and oil, the )re)aration o3 ?hich had been learned7 uch &ani3old acti,ities ?ere no longer ?ithin the sco)e o3 one and the sa&e indi,idual; the second great di,ision o3 labor too$ )lace: handicra3t se)arated 3ro& agriculture7 'he continuous increase o3 )roduction and si&ultaneously o3 the )roducti,ity o3 labor heightened the ,alue o3 hu&an labor-)o?er7 la,ery, ?hich during the )receding )eriod ?as still in its beginnings and s)oradic, no? beco&es an essential constituent )art o3 the social syste&; sla,es no longer &erely hel) ?ith )roduction - they are dri,en by do1ens to ?or$ in the 3ields and the ?or$sho)s7 With the s)litting u) o3 )roduction into the t?o great &ain branches, agriculture and handicra3ts, arises )roduction directly 3or e!change, co&&odity )roduction; ?ith it ca&e co&&erce, not only in the interior and on the tribal boundaries, but also already o,erseas7 (ll this, ho?e,er, ?as still ,ery unde,elo)ed; the )recious &etals ?ere beginning to be the )redo&inant and general &oney co&&odity, but still uncoined, e!changing si&)ly by their na$ed ?eight7 'he distinction o3 rich and )oor a))ears beside that o3 3ree&en and sla,es - ?ith the ne? di,ision o3 labor, a ne? clea,age o3 society into classes7 'he ineDualities o3 )ro)erty a&ong the indi,idual

8*

4arbaris& and Hi,ilisation

heads o3 3a&ilies brea$ u) the old co&&unal household co&&unities ?here,er they had still &anaged to sur,i,e, and ?ith the& the co&&on culti,ation o3 the soil by and 3or these co&&unities7 'he culti,ated land is allotted 3or use to single 3a&ilies, at 3irst te&)orarily, later )er&anently7 'he transition to 3ull )ri,ate )ro)erty is gradually acco&)lished, )arallel ?ith the transition o3 the )airing &arriage into &onoga&y7 'he single 3a&ily is beco&ing the econo&ic unit o3 society7 'he denser )o)ulation necessitates closer consolidation both 3or internal and e!ternal action7 'he con3ederacy o3 related tribes beco&es e,ery?here a necessity, and soon also their 3usion, in,ol,ing the 3usion o3 the se)arate tribal territories into one territory o3 the nation7 'he &ilitary leader o3 the )eo)le, res, basileus, thiudans < beco&es an indis)ensable, )er&anent o33icial7 'he asse&bly o3 the )eo)le ta$es 3or&, ?here,er it did not already e!ist7 Military leader, council, asse&bly o3 the )eo)le are the organs o3 gentile society de,elo)ed into &ilitary de&ocracy < &ilitary, since ?ar and organi1ation 3or ?ar ha,e no? beco&e regular 3unctions o3 national li3e7 'heir neighborsI ?ealth e!cites the greed o3 )eo)les ?ho already see in the acDuisition o3 ?ealth one o3 the &ain ai&s o3 li3e7 'hey are barbarians: they thin$ it &ore easy and in 3act &ore honorable to get riches by )illage than by ?or$7 War, 3or&erly ?aged only in re,enge 3or inBuries or to e!tend territory that had gro?n too s&all, is no? ?aged si&)ly 3or )lunder and beco&es a regular industry7 Got ?ithout reason the bristling battle&ents stand &enacingly about the ne? 3orti3ied to?ns; in the &oat at their 3oot ya?ns the gra,e o3 the gentile constitution, and already they rear their to?ers into ci,ili1ation7 i&ilarly in the interior7 'he ?ars o3 )lunder increase the )o?er o3 the su)re&e &ilitary leader and the subordinate co&&anders; the custo&ary election o3 their successors 3ro& the sa&e 3a&ilies is gradually trans3or&ed, es)ecially a3ter the introduction o3 3ather-right, into a right o3 hereditary succession, 3irst tolerated, then clai&ed, 3inally usur)ed; the 3oundation o3 the hereditary &onarchy and the hereditary nobility is laid7 'hus the organs o3 the gentile constitution gradually tear the&sel,es loose 3ro& their roots in the )eo)le, in gens, )hratry, tribe, and the ?hole gentile constitution changes into its o))osite: 3ro& an organi1ation o3 tribes 3or the 3ree ordering o3 their o?n a33airs it beco&es an organi1ation 3or the )lundering and o))ression o3 their neighbors; and corres)ondingly its organs change 3ro& instru&ents o3 the ?ill o3 the )eo)le into inde)endent organs 3or the do&ination and o))ression o3 the )eo)le7 'hat, ho?e,er, ?ould ne,er ha,e been )ossible i3 the greed 3or riches had not s)lit the &e&bers o3 the gens into rich and )oor, i3 Cthe )ro)erty di33erences ?ithin one and the sa&e gens had not trans3or&ed its unity o3 interest into antagonis& bet?een its &e&bersE 6Mar!8, i3 the e!tension o3 sla,ery had not already begun to &a$e ?or$ing 3or a li,ing see& 3it only 3or sla,es and &ore dishonorable than )illage7 We ha,e no? reached the threshold o3 ci,ili1ation7 Hi,ili1ation o)ens ?ith a ne? ad,ance in the di,ision o3 labor7 (t the lo?est stage o3 barbaris& &en )roduced only directly 3or their o?n needs; any acts o3 e!change ?ere isolated occurrences, the obBect o3 e!change &erely so&e 3ortuitous sur)lus7 5n the &iddle stage o3 barbaris& ?e already 3ind a&ong the )astoral )eo)les a )ossession in the 3or& o3 cattle ?hich, once the herd has attained a certain si1e, regularly )roduces a sur)lus o,er and abo,e the tribe;s o?n reDuire&ents, leading to a di,ision o3 labor bet?een )astoral )eo)les and bac$?ard tribes ?ithout herds, and hence to the e!istence o3 t?o di33erent le,els o3 )roduction side by side ?ith one another and the conditions necessary 3or regular e!change7 'he u))er stage o3 barbaris& brings us the 3urther di,ision o3 labor bet?een agriculture and handicra3ts, hence the )roduction o3 a continually increasing )ortion o3 the )roducts o3 labor directly 3or e!change, so that e!change bet?een indi,idual )roducers assu&es the i&)ortance o3 a ,ital social 3unction7 Hi,ili1ation consolidates and intensi3ies all these e!isting di,isions o3 labor, )articularly by shar)ening the o))osition bet?een to?n and country 6the to?n &ay econo&ically do&inate the country, as in antiDuity, or the country the to?n, as in the &iddle ages8, and it adds a third di,ision o3 labor, )eculiar to itsel3 and o3 decisi,e i&)ortance: it creates a class ?hich no longer concerns itsel3 ?ith )roduction, but only ?ith the

*:

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e!change o3 the )roducts<the &erchants7 Hitherto ?hene,er classes had begun to 3or&, it had al?ays been e!clusi,ely in the 3ield o3 )roduction; the )ersons engaged in )roduction ?ere se)arated into those ?ho directed and those ?ho e!ecuted, or else into large-scale and s&all-scale )roducers7 Go? 3or the 3irst ti&e a class a))ears ?hich, ?ithout in any ?ay )artici)ating in )roduction, ca)tures the direction o3 )roduction as a ?hole and econo&ically subBugates the )roducers; ?hich &a$es itsel3 into an indis)ensable &iddle&an bet?een any t?o )roducers and e!)loits the& both7 =nder the )rete!t that they sa,e the )roducers the trouble and ris$ o3 e!change, e!tend the sale o3 their )roducts to distant &ar$ets and are there3ore the &ost use3ul class o3 the )o)ulation, a class o3 )arasites co&es into being, Cgenuine social ichneu&ons,E ?ho, as a re?ard 3or their actually ,ery insigni3icant ser,ices, s$i& all the crea& o33 )roduction at ho&e and abroad, ra)idly a&ass enor&ous ?ealth and corres)ondingly social in3luence, and 3or that reason recei,e under ci,ili1ation e,er higher honors and e,er greater control o3 )roduction, until at last they also bring 3orth a )roduct o3 their o?n < the )eriodical trade crises7 (t our stage o3 de,elo)&ent, ho?e,er, the young &erchants had not e,en begun to drea& o3 the great destiny a?aiting the&7 4ut they ?ere gro?ing and &a$ing the&sel,es indis)ensable, ?hich ?as Duite su33icient7 (nd ?ith the 3or&ation o3 the &erchant class ca&e also the de,elo)&ent o3 &etallic &oney, the &inted coin, a ne? instru&ent 3or the do&ination o3 the non-)roducer o,er the )roducer and his )roduction7 'he co&&odity o3 co&&odities had been disco,ered, that ?hich holds all other co&&odities hidden in itsel3, the &agic )o?er ?hich can change at ?ill into e,erything desirable and desired7 'he &an ?ho had it ruled the ?orld o3 )roduction<and ?ho had &ore o3 it than anybody elseN 'he &erchant7 'he ?orshi) o3 &oney ?as sa3e in his hands7 He too$ good care to &a$e it clear that, in 3ace o3 &oney, all co&&odities, and hence all )roducers o3 co&&odities, &ust )rostrate the&sel,es in adoration in the dust7 He )ro,ed )ractically that all other 3or&s o3 ?ealth 3ade into &ere se&blance beside this incarnation o3 ?ealth as such7 Ge,er again has the )o?er o3 &oney sho?n itsel3 in such )ri&iti,e brutality and ,iolence as during these days o3 its youth7 (3ter co&&odities had begun to sell 3or &oney, loans and ad,ances in &oney ca&e also, and ?ith the& interest and usury7 Go legislation o3 later ti&es so utterly and ruthlessly deli,ers o,er the debtor to the usurious creditor as the legislation o3 ancient (thens and ancient Ao&e<and in both cities it arose s)ontaneously, as custo&ary la?, ?ithout any co&)ulsion other than the econo&ic7 (longside ?ealth in co&&odities and sla,es, alongside ?ealth in &oney, there no? a))eared ?ealth in land also7 'he indi,iduals; rights o3 )ossession in the )ieces o3 land originally allotted to the& by gens or tribe had no? beco&e so established that the land ?as their hereditary )ro)erty7 Aecently they had stri,en abo,e all to secure their 3reedo& against the rights o3 the gentile co&&unity o,er these lands, since these rights had beco&e 3or the& a 3etter7 'hey got rid o3 the 3etter < but soon a3ter?ards o3 their ne? landed )ro)erty also7 Full, 3ree o?nershi) o3 the land &eant not only )o?er, uncurtailed and unli&ited, to )ossess the land; it &eant also the )o?er to alienate it7 (s long as the land belonged to the gens, no such )o?er could e!ist7 4ut ?hen the ne? landed )ro)rietor shoo$ o33 once and 3or all the 3etters laid u)on hi& by the )rior right o3 gens and tribe, he also cut the ties ?hich had hitherto inse)arably attached hi& to the land7 Money, in,ented at the sa&e ti&e as )ri,ate )ro)erty in land, sho?ed hi& ?hat that &eant7 >and could no? beco&e a co&&odity; it could be sold and )ledged7 carcely had )ri,ate )ro)erty in land been introduced than the &ortgage ?as already in,ented 6see (thens87 (s hetaeris& and )rostitution dog the heels o3 &onoga&y, so 3ro& no? on?ards &ortgage dogs the heels o3 )ri,ate land o?nershi)7 Lou as$ed 3or 3ull, 3ree alienable o?nershi) o3 the land and no? you ha,e got it < Ctu lIas ,oulu, -eorges 0andin7E 5tIs your 3ault, -eorges 0andin, 3ro& Moli\re;s )lay7 With trade e!)ansion, &oney and usury, )ri,ate )ro)erty in land and &ortgages, the concentration and centrali1ation o3 ?ealth in the hands o3 a s&all class ra)idly ad,anced, acco&)anied by an increasing i&)o,erish&ent o3 the &asses and an increasing &ass o3

*1

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i&)o,erish&ent7 'he ne? aristocracy o3 ?ealth, in so 3ar as it had not been identical 3ro& the outset ?ith the old hereditary aristocracy, )ushed it )er&anently into the bac$ground 6in (thens, in Ao&e, a&ong the -er&ans87 (nd si&ultaneous ?ith this di,ision o3 the citi1ens into classes according to ?ealth there ?as an enor&ous increase, )articularly in -reece, in the nu&ber o3 sla,es, !!,i ?hose 3orced labor ?as the 3oundation on ?hich the su)erstructure o3 the entire society ?as reared7 >et us no? see ?hat had beco&e o3 the gentile constitution in this social u)hea,al7 Hon3ronted by the ne? 3orces in ?hose gro?th it had had no share, the gentile constitution ?as hel)less7 'he necessary condition 3or its e!istence ?as that the &e&bers o3 a gens or at least o3 a tribe ?ere settled together in the sa&e territory and ?ere its sole inhabitants7 'hat had long ceased to be the case7 #,ery territory no? had a heterogeneous )o)ulation belonging to the &ost ,aried gentes and tribes; e,ery?here sla,es, )rotected )ersons and aliens li,ed side by side ?ith citi1ens7 'he settled conditions o3 li3e ?hich had only been achie,ed to?ards the end o3 the &iddle stage o3 barbaris& ?ere bro$en u) by the re)eated shi3ting and changing o3 residence under the )ressure o3 trade, alteration o3 occu)ation and changes in the o?nershi) o3 the land7 'he &e&bers o3 the gentile bodies could no longer &eet to loo$ a3ter their co&&on concerns; only uni&)ortant &atters, li$e the religious 3esti,als, ?ere still )er3unctorily attended to7 5n addition to the needs and interests ?ith ?hich the gentile bodies ?ere intended and 3itted to deal, the u)hea,al in )roducti,e relations and the resulting change in the social structure had gi,en rise to ne? needs and interests, ?hich ?ere not only alien to the old gentile order, but ran directly counter to it at e,ery )oint7 'he interests o3 the grou)s o3 handicra3ts&en ?hich had arisen ?ith the di,ision o3 labor, the s)ecial needs o3 the to?n as o))osed to the country, called 3or ne? organs7 4ut each o3 these grou)s ?as co&)osed o3 )eo)le o3 the &ost di,erse gentes, )hratries, and tribes, and e,en included aliens7 uch organs had there3ore to be 3or&ed outside the gentile constitution, alongside o3 it, and hence in o))osition to it7 (nd this con3lict o3 interests ?as at ?or$ ?ithin e,ery gentile body, a))earing in its &ost e!tre&e 3or& in the association o3 rich and )oor, usurers and debtors, in the sa&e gens and the sa&e tribe7 Further, there ?as the ne? &ass o3 )o)ulation outside the gentile bodies, ?hich, as in Ao&e, ?as able to beco&e a )o?er in the land and at the sa&e ti&e ?as too nu&erous to be gradually absorbed into the $inshi) grou)s and tribes7 5n relation to this &ass, the gentile bodies stood o))osed as closed, )ri,ileged cor)orations; the )ri&iti,e natural de&ocracy had changed into a &align aristocracy7 >astly, the gentile constitution had gro?n out o3 a society ?hich $ne? no internal contradictions, and it ?as only ada)ted to such a society7 5t )ossessed no &eans o3 coercion e!ce)t )ublic o)inion7 4ut here ?as a society ?hich by all its econo&ic conditions o3 li3e had been 3orced to s)lit itsel3 into 3ree&en and sla,es, into the e!)loiting rich and the e!)loited )oor; a society ?hich not only could ne,er again reconcile these contradictions, but ?as co&)elled al?ays to intensi3y the&7 uch a society could only e!ist either in the continuous o)en 3ight o3 these classes against one another, or else under the rule o3 a third )o?er, ?hich, a))arently standing abo,e the ?arring classes, su))ressed their o)en con3lict and allo?ed the class struggle to be 3ought out at &ost in the econo&ic 3ield, in so-called legal 3or&7 'he gentile constitution ?as 3inished7 5t had been shattered by the di,ision o3 labor and its result, the clea,age o3 society into classes7 5t ?as re)laced by the state7 'he three &ain 3or&s in ?hich the state arises on the ruins o3 the gentile constitution ha,e been e!a&ined in detail abo,e7 (thens )ro,ides the )urest, classic 3or&; here the state s)rings directly and &ainly out o3 the class o))ositions ?hich de,elo) ?ithin gentile society itsel37 5n Ao&e, gentile society beco&es a closed aristocracy in the &idst o3 the nu&erous )lebs ?ho stand outside it, and ha,e duties but no rights; the ,ictory o3 )lebs brea$s u) the old constitution based on $inshi), and erects on its ruins the state, into ?hich both the gentile aristocracy and the )lebs are soon co&)letely absorbed7 >astly, in the case o3 the -er&an conDuerors o3 the Ao&an #&)ire, the state s)rings directly out o3 the conDuest o3 large 3oreign territories, ?hich the gentile constitution )ro,ides no &eans o3 go,erning7 4ut because this conDuest in,ol,es neither a serious

*+

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struggle ?ith the original )o)ulation nor a &ore ad,anced di,ision o3 labor; because conDuerors and conDuered are al&ost on the sa&e le,el o3 econo&ic de,elo)&ent, and the econo&ic basis o3 society re&ains there3ore as be3ore<3or these reasons the gentile constitution is able to sur,i,e 3or &any centuries in the altered, territorial 3or& o3 the &ar$ constitution and e,en 3or a ti&e to reBu,enate itsel3 in a 3eebler sha)e in the later noble and )atrician 3a&ilies, and indeed in )easant 3a&ilies, as in 0it&arschen7 !!,ii 'he state is there3ore by no &eans a )o?er i&)osed on society 3ro& ?ithout; Bust as little is it Cthe reality o3 the &oral idea,E Cthe i&age and the reality o3 reason,E as Hegel &aintains7 Aather, it is a )roduct o3 society at a )articular stage o3 de,elo)&ent; it is the ad&ission that this society has in,ol,ed itsel3 in insoluble sel3-contradiction and is cle3t into irreconcilable antagonis&s ?hich it is )o?erless to e!orcise7 4ut in order that these antagonis&s, classes ?ith con3licting econo&ic interests, shall not consu&e the&sel,es and society in 3ruitless struggle, a )o?er, a))arently standing abo,e society, has beco&e necessary to &oderate the con3lict and $ee) it ?ithin the bounds o3 CorderE; and this )o?er, arisen out o3 society, but )lacing itsel3 abo,e it and increasingly alienating itsel3 3ro& it, is the state7 5n contrast to the old gentile organi1ation, the state is distinguished 3irstly by the grou)ing o3 its &e&bers on a territorial basis7 'he old gentile bodies, 3or&ed and held together by ties o3 blood, had, as ?e ha,e seen, beco&e inadeDuate largely because they )resu))osed that the gentile &e&bers ?ere bound to one )articular locality, ?hereas this had long ago ceased to be the case7 'he territory ?as still there, but the )eo)le had beco&e &obile7 'he territorial di,ision ?as there3ore ta$en as the starting )oint and the syste& introduced by ?hich citi1ens e!ercised their )ublic rights and duties ?here they too$ u) residence, ?ithout regard to gens or tribe7 'his organi1ation o3 the citi1ens o3 the state according to do&icile is co&&on to all states7 'o us, there3ore, this organi1ation see&s natural; but, as ?e ha,e seen, hard and )rotracted struggles ?ere necessary be3ore it ?as able in (thens and Ao&e to dis)lace the old organi1ation 3ounded on $inshi)7 'he second distinguishing characteristic is the institution o3 a )ublic 3orce ?hich is no longer i&&ediately identical ?ith the )eo)le;s o?n organi1ation o3 the&sel,es as an ar&ed )o?er7 'his s)ecial )ublic 3orce is needed because a sel3-acting ar&ed organi1ation o3 the )eo)le has beco&e i&)ossible since their clea,age into classes7 'he sla,es also belong to the )o)ulation: as against the 92J,::: sla,es, the *:,::: (thenian citi1ens constitute only a )ri,ileged class7 'he )eo)le;s ar&y o3 the (thenian de&ocracy con3ronted the sla,es as an aristocratic )ublic 3orce, and $e)t the& in chec$; but to $ee) the citi1ens in chec$ as ?ell, a )olice-3orce ?as needed, as described abo,e7 'his )ublic 3orce e!ists in e,ery state; it consists not &erely o3 ar&ed &en, but also o3 &aterial a))endages, )risons and coerci,e institutions o3 all $inds, o3 ?hich gentile society $ne? nothing7 5t &ay be ,ery insigni3icant, )ractically negligible, in societies ?ith still unde,elo)ed class antagonis&s and li,ing in re&ote areas, as at ti&es and in )laces in the =nited tates o3 (&erica7 4ut it beco&es stronger in )ro)ortion as the class antagonis&s ?ithin the state beco&e shar)er and as adBoining states gro? larger and &ore )o)ulous7 5t is enough to loo$ at #uro)e today, ?here class struggle and ri,alry in conDuest ha,e brought the )ublic )o?er to a )itch that it threatens to de,our the ?hole o3 society and e,en the state itsel37 5n order to &aintain this )ublic )o?er, contributions 3ro& the state citi1ens are necessary < ta!es7 'hese ?ere co&)letely un$no?n to gentile society7 We $no? &ore than enough about the& today7 With ad,ancing ci,ili1ation, e,en ta!es are not su33icient; the state dra?s dra3ts on the 3uture, contracts loans, state debts7 Our old #uro)e can tell a tale about these, too7 5n )ossession o3 the )ublic )o?er and the right o3 ta!ation, the o33icials no? )resent the&sel,es as organs o3 society standing abo,e society7 'he 3ree, ?illing res)ect accorded to the organs o3 the gentile constitution is not enough 3or the&, e,en i3 they could ha,e it7 Ae)resentati,es o3 a )o?er ?hich estranges the& 3ro& society, they ha,e to be gi,en )restige by &eans o3 s)ecial decrees, ?hich in,est the& ?ith a )eculiar sanctity and in,iolability7 'he lo?est )olice o33icer o3

*9

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the ci,ili1ed state has &ore CauthorityE than all the organs o3 gentile society )ut together; but the &ightiest )rince and the greatest states&an or general o3 ci,ili1ation &ight en,y the hu&blest o3 the gentile chie3s the un3orced and unDuestioned res)ect accorded to hi&7 For the one stands in the &idst o3 society; the other is 3orced to )ose as so&ething outside and abo,e it7 (s the state arose 3ro& the need to $ee) class antagonis&s in chec$, but also arose in the thic$ o3 the 3ight bet?een the classes, it is nor&ally the state o3 the &ost )o?er3ul, econo&ically ruling class, ?hich by its &eans beco&es also the )olitically ruling class, and so acDuires ne? &eans o3 holding do?n and e!)loiting the o))ressed class7 'he ancient state ?as, abo,e all, the state o3 the sla,e-o?ners 3or holding do?n the sla,es, Bust as the 3eudal state ?as the organ o3 the nobility 3or holding do?n the )easant ser3s and bonds&en, and the &odern re)resentati,e state is the instru&ent 3or e!)loiting ?age-labor by ca)ital7 #!ce)tional )eriods, ho?e,er, occur ?hen the ?arring classes are so nearly eDual in 3orces that the state )o?er, as a))arent &ediator, acDuires 3or the &o&ent a certain inde)endence in relation to both7 'his a))lies to the absolute &onarchy o3 the se,enteenth and eighteenth centuries, ?hich balances the nobility and the bourgeoisie against one another; and to the 4ona)artis& o3 the First and )articularly o3 the econd French #&)ire, ?hich )layed o33 the )roletariat against the bourgeoisie and the bourgeoisie against the )roletariat7 'he latest achie,e&ent in this line, in ?hich ruler and ruled loo$ eDually co&ic, is the ne? -er&an #&)ire o3 the 4is&arc$ian nation; here the ca)italists and the ?or$ers are balanced against one another and both o3 the& 3leeced 3or the bene3it o3 the decayed Prussian cabbage Kun$ers7 .-er&an:FrautBun$er, translated as Tcountry sDuire;, but ?ith )eBorati,e o,ertones7/ Further, in &ost historical states the rights conceded to citi1ens are graded on a )ro)erty basis, ?hereby it is directly ad&itted that the state is an organi1ation 3or the )rotection o3 the )ossessing class against the non-)ossessing class7 'his is already the case in the (thenian and Ao&an )ro)erty classes7 i&ilarly in the &edie,al 3eudal state, in ?hich the e!tent o3 )olitical )o?er ?as deter&ined by the e!tent o3 lando?nershi)7 i&ilarly, also, in the electoral Duali3ications in &odern )arlia&entary states7 'his )olitical recognition o3 )ro)erty di33erences is, ho?e,er, by no &eans essential7 On the contrary, it &ar$s a lo? stage in the de,elo)&ent o3 the state7 'he highest 3or& o3 the state, the de&ocratic re)ublic, ?hich in our &odern social conditions beco&es &ore and &ore an una,oidable necessity and is the 3or& o3 state in ?hich alone the last decisi,e battle bet?een )roletariat and bourgeoisie can be 3ought out < the de&ocratic re)ublic no longer o33icially recogni1es di33erences o3 )ro)erty7 Wealth here e&)loys its )o?er indirectly, but all the &ore surely7 5t does this in t?o ?ays: by )lain corru)tion o3 o33icials, o3 ?hich (&erica is the classic e!a&)le, and by an alliance bet?een the go,ern&ent and the stoc$ e!change, ?hich is e33ected all the &ore easily the higher the state debt &ounts and the &ore the Boint-stoc$ co&)anies concentrate in their hands not only trans)ort but also )roduction itsel3, and the&sel,es ha,e their o?n center in the stoc$ e!change7 5n addition to (&erica, the latest French re)ublic illustrates this stri$ingly, and honest little ?it1erland has also gi,en a creditable )er3or&ance in this 3ield7 4ut that a de&ocratic re)ublic is not essential to this brotherly bond bet?een go,ern&ent and stoc$ e!change is )ro,ed not only by #ngland, but also by the ne? -er&an #&)ire, ?here it is di33icult to say ?ho scored &ost by the introduction o3 uni,ersal su33rage, 4is&arc$ or the 4leichroder ban$7 (nd lastly the )ossessing class rules directly by &eans o3 uni,ersal su33rage7 (s long as the o))ressed class < in our case, there3ore, the )roletariat < is not yet ri)e 3or its sel3-liberation, so long ?ill it, in its &aBority, recogni1e the e!isting order o3 society as the only )ossible one and re&ain )olitically the tall o3 the ca)italist class, its e!tre&e le3t ?ing7 4ut in the &easure in ?hich it &atures to?ards its sel3-e&anci)ation, in the sa&e &easure it constitutes itsel3 as its o?n )arty and ,otes 3or its o?n re)resentati,es, not those o3 the ca)italists7 =ni,ersal su33rage is thus the gauge o3 the &aturity o3 the ?or$ing class7 5t cannot and ne,er ?ill be anything &ore in the &odern state; but that is enough7 On the day ?hen the ther&o&eter o3 uni,ersal su33rage sho?s boiling-)oint a&ong the ?or$ers, they as ?ell as the ca)italists ?ill $no? ?here they stand7

*4

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'he state, there3ore, has not e!isted 3ro& all eternity7 'here ha,e been societies ?hich ha,e &anaged ?ithout it, ?hich had no notion o3 the state or state )o?er7 (t a de3inite stage o3 econo&ic de,elo)&ent, ?hich necessarily in,ol,ed the clea,age o3 society into classes, the state beca&e a necessity because o3 this clea,age7 We are no? ra)idly a))roaching a stage in the de,elo)&ent o3 )roduction at ?hich the e!istence o3 these classes has not only ceased to be a necessity, but beco&es a )ositi,e hindrance to )roduction7 'hey ?ill 3all as ine,itably as they once arose7 'he state ine,itably 3alls ?ith the&7 'he society ?hich organi1es )roduction ane? on the basis o3 3ree and eDual association o3 the )roducers ?ill )ut the ?hole state &achinery ?here it ?ill then belong<into the &useu& o3 antiDuities, ne!t to the s)inning ?heel and the bron1e a!7 Hi,ili1ation is, there3ore, according to the abo,e analysis, the stage o3 de,elo)&ent in society at ?hich the di,ision o3 labor, the e!change bet?een indi,iduals arising 3ro& it, and the co&&odity )roduction ?hich co&bines the& both, co&e to their 3ull gro?th and re,olutioni1es the ?hole o3 )re,ious society7 (t all earlier stages o3 society )roduction ?as essentially collecti,e, Bust as consu&)tion )roceeded by direct distribution o3 the )roducts ?ithin larger or s&aller co&&unistic co&&unities7 'his collecti,e )roduction ?as ,ery li&ited; but inherent in it ?as the )roducers; control o,er their )rocess o3 )roduction and their )roduct7 'hey $ne? ?hat beca&e o3 their )roduct: they consu&ed it; it did not lea,e their hands7 (nd so long as )roduction re&ains on this basis, it cannot gro? abo,e the heads o3 the )roducers nor raise u) incor)oreal alien )o?ers against the&, as in ci,ili1ation is al?ays and ine,itably the case7 4ut the di,ision o3 labor slo?ly insinuates itsel3 into this )rocess o3 )roduction7 5t under&ines the collecti,ity o3 )roduction and a))ro)riation, ele,ates a))ro)riation by indi,iduals into the general rule, and thus creates e!change bet?een indi,iduals < ho? it does so, ?e ha,e e!a&ined abo,e7 -radually co&&odity )roduction beco&es the do&inating 3or&7 With co&&odity )roduction, )roduction no longer 3or use by the )roducers but 3or e!change, the )roducts necessarily change hands7 5n e!changing his )roduct, the )roducer surrenders it; he no longer $no?s ?hat beco&es o3 it7 When &oney, and ?ith &oney the &erchant, ste)s in as inter&ediary bet?een the )roducers, the )rocess o3 e!change beco&es still &ore co&)licated, the 3inal 3ate o3 the )roducts still &ore uncertain7 'he &erchants are nu&erous, and none o3 the& $no?s ?hat the other is doing7 'he co&&odities already )ass not only 3ro& hand to hand; they also )ass 3ro& &ar$et to &ar$et; the )roducers ha,e lost control o,er the total )roduction ?ithin their o?n s)heres, and the &erchants ha,e not gained it7 Products and )roduction beco&e subBects o3 chance7 4ut chance is only the one )ole o3 a relation ?hose other )ole is na&ed Cnecessity7E 5n the ?orld o3 nature, ?here chance also see&s to rule, ?e ha,e long since de&onstrated in each se)arate 3ield the inner necessity and la? asserting itsel3 in this chance7 4ut ?hat is true o3 the natural ?orld is true also o3 society7 'he &ore a social acti,ity, a series o3 social )rocesses, beco&es too )o?er3ul 3or &enIs conscious control and gro?s abo,e their heads, and the &ore it a))ears a &atter o3 )ure chance, then all the &ore surely ?ithin this chance the la?s )eculiar to it and inherent in it assert the&sel,es as i3 by natural necessity7 uch la?s also go,ern the chances o3 co&&odity )roduction and e!change7 'o the indi,iduals )roducing or e!changing, they a))ear as alien, at 3irst o3ten unrecogni1ed, )o?ers, ?hose nature Must 3irst be laboriously in,estigated and established7 'hese econo&ic la?s o3 co&&odity )roduction are &odi3ied ?ith the ,arious stages o3 this 3or& o3 )roduction; but in general the ?hole )eriod o3 ci,ili1ation is do&inated by the&7 (nd still to this day the )roduct rules the )roducer; still to this day the total )roduction o3 society is regulated, not by a Bointly de,ised )lan, but by blind la?s, ?hich &ani3est the&sel,es ?ith ele&ental ,iolence, in the 3inal instance in the stor&s o3 the )eriodical trade crises7 We sa? abo,e ho? at a 3airly early stage in the de,elo)&ent o3 )roduction, hu&an labor-)o?er obtains the ca)acity o3 )roducing a considerably greater )roduct than is reDuired 3or the

*J

4arbaris& and Hi,ilisation

&aintenance o3 the )roducers, and ho? this stage o3 de,elo)&ent ?as in the &ain the sa&e as that in ?hich di,ision o3 labor and e!change bet?een indi,iduals arise7 5t ?as not long then be3ore the great CtruthE ?as disco,ered that &an also can be a co&&odity; that hu&an energy can be e!changed and )ut to use by &a$ing a &an into a sla,e7 Hardly had &en begun to e!change than already they the&sel,es ?ere being e!changed7 'he acti,e beca&e the )assi,e, ?hether the &en li$ed it or not7 With sla,ery, ?hich attained its 3ullest de,elo)&ent under ci,ili1ation, ca&e the 3irst great clea,age o3 society into an e!)loiting and an e!)loited class7 'his clea,age )ersisted during the ?hole ci,ili1ed )eriod7 la,ery is the 3irst 3or& o3 e!)loitation, the 3or& )eculiar to the ancient ?orld; it is succeeded by ser3do& in the &iddle ages, and ?age-labor in the &ore recent )eriod7 'hese are the three great 3or&s o3 ser,itude, characteristic o3 the three great e)ochs o3 ci,ili1ation; o)en, and in recent ti&es disguised, sla,ery al?ays acco&)anies the&7 'he stage o3 co&&odity )roduction ?ith ?hich ci,ili1ation begins is distinguished econo&ically by the introduction o3 618 &etal &oney, and ?ith it &oney ca)ital, interest and usury; 6+8 &erchants, as the class o3 inter&ediaries bet?een the )roducers; 698 )ri,ate o?nershi) o3 land, and the &ortgage syste&; 648 sla,e labor as the do&inant 3or& o3 )roduction 'he 3or& o3 3a&ily corres)onding to ci,ili1ation and co&ing to de3inite su)re&acy ?ith it is &onoga&y, the do&ination o3 the &an o,er the ?o&an, and the single 3a&ily as the econo&ic unit o3 society7 'he central lin$ in ci,ili1ed society is the state, ?hich in all ty)ical )eriods is ?ithout e!ce)tion the state o3 the ruling class, and in all cases continues to be essentially a &achine 3or holding do?n the o))ressed, e!)loited class7 (lso characteristic o3 ci,ili1ation is the establish&ent o3 a )er&anent o))osition bet?een to?n and country as basis o3 the ?hole social di,ision o3 labor; and, 3urther, the introduction o3 ?ills, ?hereby the o?ner o3 )ro)erty is still able to dis)ose o,er it e,en ?hen he is dead7 'his institution, ?hich is a direct a33ront to the old gentile constitution, ?as un$no?n in (thens until the ti&e o3 olon; in Ao&e it ?as introduced early, though ?e do not $no? the date; !!,iii a&ong the -er&ans it ?as the clerics ?ho introduced it, in order that there &ight be nothing to sto) the )ious -er&an 3ro& lea,ing his legacy to the Hhurch7 With this as its basic constitution, ci,ili1ation achie,ed things o3 ?hich gentile society ?as not e,en re&otely ca)able7 4ut it achie,ed the& by setting in &otion the lo?est instincts and )assions in &an and de,elo)ing the& at the e!)ense o3 all his other abilities7 Fro& its 3irst day to this, sheer greed ?as the dri,ing s)irit o3 ci,ili1ation; ?ealth and again ?ealth and once &ore ?ealth, ?ealth, not o3 society, but o3 the single scur,y indi,idual<here ?as its one and 3inal ai&7 53 at the sa&e ti&e the )rogressi,e de,elo)&ent o3 science and a re)eated 3lo?ering o3 su)re&e art dro))ed into its la), it ?as only because ?ithout the& &odern ?ealth could not ha,e co&)letely reali1ed its achie,e&ents7 ince ci,ili1ation is 3ounded on the e!)loitation o3 one class by another class, its ?hole de,elo)&ent )roceeds in a constant contradiction7 #,ery ste) 3or?ard in )roduction is at the sa&e ti&e a ste) bac$?ards in the )osition o3 the o))ressed class, that is, o3 the great &aBority7 Whate,er bene3its so&e necessarily inBures the others; e,ery 3resh e&anci)ation o3 one class is necessarily a ne? o))ression 3or another class7 'he &ost stri$ing )roo3 o3 this is )ro,ided by the introduction o3 &achinery, the e33ects o3 ?hich are no? $no?n to the ?hole ?orld7 (nd i3 a&ong the barbarians, as ?e sa?, the distinction bet?een rights and duties could hardly be dra?n, ci,ili1ation &a$es the di33erence and antagonis& bet?een the& clear e,en to the dullest intelligence by gi,ing one class )ractically all the rights and the other class )ractically all the duties7 4ut that should not be: ?hat is good 3or the ruling class &ust also be good 3or the ?hole o3 society, ?ith ?hich the ruling-class identi3ies itsel37 'here3ore the &ore ci,ili1ation ad,ances, the &ore it is co&)elled to co,er the e,ils it necessarily creates ?ith the cloa$ o3 lo,e and charity, to )alliate the& or to deny the&<in short, to introduce a con,entional hy)ocrisy ?hich ?as un$no?n to earlier 3or&s o3 society and e,en to the 3irst stages o3 ci,ili1ation, and ?hich

*2

4arbaris& and Hi,ilisation

cul&inates in the )ronounce&ent: the e!)loitation o3 the o))ressed class is carried on by the e!)loiting class si&)ly and solely in the interests o3 the e!)loited class itsel3; and i3 the e!)loited class cannot see it and e,en gro?s rebellious, that is the basest ingratitude to its bene3actors, the e!)loiters7 !!i! (nd no?, in conclusion, Morgan;s Budg&ent o3 ci,ili1ation:
ince the ad,ent o3 ci,ili1ation, the outgro?th o3 )ro)erty has been so i&&ense, its 3or&s so di,ersi3ied, its uses so e!)anding and its &anage&ent so intelligent in the interests o3 its o?ners, that it has beco&e, on the )art o3 the )eo)le, an un&anageable )o?er7 'he hu&an &ind stands be?ildered in the )resence o3 its o?n creation7 'he ti&e ?ill co&e, ne,ertheless, ?hen hu&an intelligence ?ill rise to the &astery o,er )ro)erty, and de3ine the relations o3 the state to the )ro)erty it )rotects, as ?ell as the obligations and the li&its o3 the rights o3 its o?ners7 'he interests o3 society are )ara&ount to indi,idual interests, and the t?o &ust be brought into Bust and har&onious relations7 ( &ere )ro)erty career is not the 3inal destiny o3 &an$ind, i3 )rogress is to be the la? o3 the 3uture as it has been o3 the )ast7 'he ti&e ?hich has )assed a?ay since ci,ili1ation began is but a 3rag&ent o3 the )ast duration o3 &an;s e!istence; and but a 3rag&ent o3 the ages yet to co&e7 'he dissolution o3 society bids 3air to beco&e the ter&ination o3 a career o3 ?hich )ro)erty is the end and ai&; because such a career contains the ele&ents o3 sel3-destruction7 0e&ocracy in go,ern&ent, brotherhood in society, eDuality in rights and )ri,ileges, and uni,ersal education, 3oreshado? the ne!t higher )lane o3 society to ?hich e!)erience, intelligence and $no?ledge are steadily tending7 5t ?ill be a re,i,al, in a higher 3or&, o3 the liberty, eDuality and 3raternity o3 the ancient gentes7 .Morgan, o)7 cit7, )7 J2+7<#d7/

(ncient ociety, or Aesearches in the >ines o3 Hu&an Progress 3ro& a,agery, through 4arbaris& to Hi,ili1ation, by >e?is H7 Morgan, >ondon, Mac&illan P Ho7, 18@@7 'he boo$ ?as )rinted in (&erica and is )eculiarly di33icult to obtain in >ondon7 'he author died so&e years ago7 .For the )ur)oses o3 this edition, all re3erences to (ncient ociety are 3ro& the Hharles H7 Ferr edition, Hhicago7 < #d7/ ii On the ,oyage bac$ 3ro& Ge? Lor$ in e)te&ber, 1888, 5 &et a 3or&er &e&ber o3 Hongress 3or the district o3 Aochester, ?ho had $no?n >e?is Morgan7 =n3ortunately, he could not tell &e ,ery &uch about hi&7 He said that Morgan had li,ed in Aochester as a )ri,ate indi,idual, occu)ied only ?ith his studies7 His brother ?as a colonel, and had held a )ost in the War 0e)art&ent in Washington; it ?as through hi& that Morgan had &anaged to interest the -o,ern&ent in his researches and to get se,eral o3 his ?or$s )ublished at )ublic e!)ense7 While he ?as a &e&ber o3 Hongress, &y in3or&ant had also on &ore than one occasion used his in3luence on Morgan;s behal37
iii

5n 188:, the e,idence 3or this ?as astoundingly scarce, yet #ngels conclusions 6&ost i&)ortantly articulate, not &odern, but not a)e s)eech8 re&ain correct to this day7 'hroughout the +:th-century, groundbrea$ing ne? archeological 3inds o)ened u) our understanding o3 this )eriod7 'hese characteristics are descri)ti,e o3 the 3irst hu&an genus: (ustralo)ithecus 6the 3irst 3ossil e,idence ?as 3ound in 1*+4 at 'aung, (8 ?ho ca&e into e!istance J-2 &illion years ago on the content o3 (3rica, and beca&e e!tinct in the #arly Pleistocene )eriod 6172 &illion to *::,::: years ago87 'hese hu&ans )ri&arily ?ere de)endent on 3ruits, roots, etc7 but li$ely su))le&ented this as sca,engers7 'hey did not li,e in ca,es or d?ellings o3 their o?n choosing, but ?ere )ri&arily Bungle d?ellers, li$ely residing in trees7 i, #ngels here describes the )ractices o3 ho&o erectus, and again his conclusions are lucid des)ite the lac$ o3 &uch e,idence in his 1*th century7 Hollection o3 their o?n 3ood ?as )redo&inant, the use o3 3ire is ?idely acce)ted, they hunted ani&als to so&e e!tent, and &ost i&)ortantly these )ractices allo?ed 3or the &igration o3 hu&anity7 One &illion years ago ho&o erectus le3t (3rica and settled in the Middle #ast 6?hich ?as later the cradle o3 ci,ili1ation, not sur)rising considering it ?as the great crossroads o3 hu&an &igration8, s)litting u) ?ith &igrations 3ro& outhern #uro)e to throughout outhern (sia 6the e!tent o3 the ice ca)s had not yet reseeded so settle&ent o3 the northern regions ?as not yet )ossible87 #ngels does ho?e,er &a$e t?o &ista$es in his conclusions: cannibalis& ?as ,ery li$ely none!istent 6its )ractice in hu&an history is Duestionable8 and Polynesians and (ustralians are not ho&o erectus, but ho&o sa)iens7 , Hharacteristics descri)ti,e o3 ho&o sa)iens, i7e7 &odern hu&an beings, ?ho 3irst e&erged 1::,::: years ago, and ?ho ,ery li$ely had their origins in (3rica 6it is thought that the ho&o erectus beca&e e!tinct throughout the ?orld, and ho&o sa)iens e&erged 3ro& the genus o3 ho&o erectus that had sur,i,ed in (3rica87 ,i 'he data o3 the 188:s has been )ro,ed )artially inaccurate7 While it is true that the Meso)ota&ians do&esticated ani&als around the sa&e ti&e they ?ere also the 3irst 3ar&ers in ?orld history 6in around 1:,::: 47H7#787 'he e!act seDuence is un$no?n7 ,ii 5t is i&)ortant to )oint out #ngels; cou)ling o3 (ryans and e&ites7 5n3or&ation on Meso)ota&ia ?as li&ited to biblical te!t until the &id-1*th-century < it ?as not until the 18J:s on?ords ?hen archeology began to e!)lore and gain historical e,idence in Meso)ota&ia7 'his cou)ling there3ore is li$ely a co&bination o3 both biblical te!t 6re3erring to the biblical )eo)les (ryans and e&ites instead o3 the region Meso)ota&ia8 and conte&)orary archeological ?or$ 6the data o3 his conclusions87 (nother 3acet o3 this co&bination ?as #ngels lac$ o3 )reBudice7 4y the 1*th-century (ryans ?ere thought to be a uniDue hu&an race and ?ere cited as scienti3ic e,idence o3 racial su)eriority 6e,en later this ?ould e,ol,e into the theory that the -er&ans ?ere the &ost C)ureE (ryans87 'his )o)ular theory ?ould not be disa))ro,ed by anthro)ologists until the +:th century7 'he 3act that #ngels cou)les the& together e,idences a note?orthy lac$ o3 the )re,ailent racis& o3 the ti&e7 ,iii 'he theory that the larger brain is &ore intelligent ?as dis)ro,en by the end o3 the 1*th century7 5ntelligence can be generally co&)ared by brain si1e relati,e to body si1e7 4ecause the Pueblo 5ndians ?ere s&aller hu&ans, naturally their brains ?ere s&aller7 'he sa&e is true 3or (3ricans, ?ho are larger and so their brains are larger7 i! 'his is &ista$en7 'he Meso)ota&ian 69J::-1::: 47H7#78, #gy)tian 69:::-J:: 47H7#78, Harra)an 6+J::-1::: 47H7#78, P Hhinese 6+::: 47H7#7 < 18:: H7#78 ci,ili1ations long )receded the #uro)eans in this stage: the -ree$s ?ere the 3irst in #uro)e at around J:: 47H7#7 ! 4acho3en )ro,es ho? little he understood his o?n disco,ery, or rather his guess, by using the ter& Chetaeris&E to describe this )ri&iti,e state7 For the -ree$s, ?hen they introduced the ?ord, hetaeris& &eant intercourse o3 &en,

un&arried or li,ing in &onoga&y, ?ith un&arried ?o&en, it al?ays )resu))oses a de3inite 3or& o3 &arriage outside ?hich this intercourse ta$es )lace and includes at least the )ossibility o3 )rostitution7 'he ?ord ?as ne,er used in any other sense, and it is in this sense that 5 use it ?ith Morgan7 4acho3en e,ery?here introduces into his e!tre&ely i&)ortant disco,eries the &ost incredible &ysti3ications through his notion that in their historical de,elo)&ent the relations bet?een &en and ?o&en had their origin in &enIs conte&)orary religious conce)tions, not in their actual conditions o3 li3e7 !i 5n a letter ?ritten in the s)ring o3 188+, Mar! e!)resses hi&sel3 in the strongest ter&s about the co&)lete &isre)resentation o3 )ri&iti,e ti&es in WagerIs te!t to the Gibelangen: CHa,e such things been heard, that brother e&braced sister as a brideNE 'o Wagner and his Clecherous godsE ?ho, Duite in the &odern &anner, s)ice their lo,e a33airs ?ith a little incest, Mar! re)lies: C5n )ri&iti,e ti&es the sister ?as the ?i3e, and that ?as &oral7E !ii GO'# in Fourth edition: ( French 3riend o3 &ine ?ho is an ad&irer o3 Wagner is not in agree&ent ?ith this note7 He obser,es that already in the #lder #dda, on ?hich Wagner based his story, in the O#gisdre$$a, >o$i &a$es the re)roach to Freya: C5n the sight o3 the gods thou didst e&brace thine o?n brother7E Marriage bet?een brother and sister, he argues, ?as there3ore 3orbidden already at that ti&e7 'he O#gisdre$$a is the e!)ression o3 a ti&e ?hen belie3 in the old &yths had co&)letely bro$en do?n; it is )urely a satire on the gods, in the style o3 >ucian7 53 >o$i as Me)histo &a$es such a re)roach to Freya, it tells rather against Wagner7 >o$i also says so&e lines later to Giordhr: CWith thy sister didst thou breed son7E 6,idh systur thinni ga1tu sli$an &og8 Giordhr is not, indeed, an (sa, but a %ana, and says in the Lnglinga saga that &arriages bet?een brothers and sisters are usual in %analand, ?hich ?as not the case a&ong the (sas7 'his ?ould see& to sho? that the %anas ?ere &ore ancient gods the (sas7 (t any rate, Giordhr li,es a&ong the O#gisdre$$a is rather a )roo3 that at the ti&e ?hen the Gorse sagas o3 the gods arose, &arriages bet?een brothers and sisters, at any rate a&ong the gods, did not yet e!cite any horror7 53 one ?ants to 3ind e!cuses 3or Wagner, it ?ould )erha)s be better to cite -oethe instead o3 the #dda, 3or in his ballad o3 the -od and the 4ayadere -oethe co&&its a si&ilar &ista$e in regard to the religious surrender o3 ?o&en, ?hich he &a$es 3ar too si&ilar to &odern )rostitution7 !iii 'here can no longer be any doubt that the traces ?hich 4acho3en thought he had 3ound o3 unrestricted se!ual intercourse, or ?hat he calls Cs)ontaneous generation in the sli&e,E go bac$ to grou) &arriage7 C53 4acho3en considers these )unaluan &arriages Tla?less,; a &an o3 that )eriod ?ould consider &ost o3 the )resent-day &arriages bet?een near and re&ote cousins on the 3ather;s or &otherIs side to be incestuous, as being &arriages bet?een blood brothers and sisters7E 6Mar!78 !i, Sy#tem# of $on#ang inity and Affinity of the & man Family, &ithsonian Publications, 18@17-#d7 !, #ngels re3ers here to -ri&&Is la? o3 the shi3ting o3 consonants in the 5ndo-#uro)ean languages7-#d7 !,i Morgan, Ancient Society, ))7 8J-827-#d7 !,ii 'hose ancient social organis&s o3 )roduction are, as co&)ared ?ith bourgeois society, e!tre&ely si&)le and trans)arent7 4ut they are 3ounded either on the i&&ature de,elo)&ent o3 &an indi,idually, ?ho has not yet se,ered the u&bilical cord that uni3ied hi& ?ith his 3ello? &en in a )ri&iti,e tribal co&&unity, or u)on direct relations o3 do&ination and subBection7E < 6Farl Mar!, Ha)ital %ol7 5, )7 J1, Ge? Lor$78 #d7 !,iii >i$e the -ree$ basileus, so also the (1tec &ilitary chie3 has been &ade out to be a &odern )rince7 'he re)orts o3 the )aniards, ?hich ?ere at 3irst &isinter)retations and e!aggerations, and later actual lies, ?ere sub&itted 3or the 3irst ti&e to historical criticis& by Morgan7 He )ro,es that the Me!icans ?ere at the &iddle stage o3 barbaris&, though &ore ad,anced than the Ge? Me!ican Pueblo 5ndians, and that their constitution, so 3ar as it can be recogni1ed in the distorted re)orts, corres)onded to this stage: a con3ederacy o3 three tribes, ?hich had subBugated a nu&ber o3 other tribes and e!acted tribute 3ro& the&, and ?hich ?as go,erned by a 3ederal council and a 3ederal &ilitary leader, out o3 ?ho& the )aniards &ade an Ce&)eror7E !i! (s gentes is here the >atin ?ord used by the Ao&ans, it is )rinted in italics to distinguish it 3ro& the general ter& CgensE used throughout the boo$ - #d7 !! 'he >atin re! is the sa&e as the Heltic-5rish righ 6tribal chie38 and the -othic rei$s; that rei$s signi3ied head o3 the gens or tribe, as did also originally the -er&an ?ord Furst 6&eaning C3irstE < c37 #nglish 3irst and 0anish 3orste8, is sho?n by the 3act that already in the 3ourth century the -oths had a s)ecial ?ord 3or the later C$ing,E the &ilitary leader o3 the ?hole )eo)le: thiudans7 5n =l3ilas; translation o3 the 4ible, (rta!er!es and Herod are ne,er called rei$s, but thiudans, and the e&)ire o3 the #&)eror 'iberius is not called rei$i, but thiudinassus7 5n the na&e o3 the -othic thiodans or, as ?e inaccurately translate, C$ing,E 'hiudarei$ 6'heodorich, i7e7 0ietrich8, both titles coalesce7

!!i

0uring a 3e? days s)ent in 5reland, 5 reali1ed a3resh to ?hat an e!tent the country )eo)le still li,e in the conce)tions o3 the gentile )eriod7 'he landed )ro)rietor, ?hose tenant the 3ar&er is, is still regarded by the latter as a $ind o3 chie3 o3 the clan, ?hose duty it is to &anage the land in the interests o3 all, ?hile the 3ar&er )ays tribute in the 3or& o3 rent, but has a clai& u)on hi& 3or assistance in ti&es o3 necessity7 i&ilarly, e,eryone ?ho is ?ell o33 is considered under an obligation to assist his )oorer neighbors ?hen they 3all on hard ti&es7 uch hel) is not charity; it is ?hat the )oorer &e&ber o3 the clan is entitled to recei,e 3ro& the ?ealthier &e&ber or the chie37 One can understand the co&)laints o3 the )olitical econo&ists and Burists about the i&)ossibility o3 &a$ing the 5rish )easant gras) the idea o3 &odern bourgeois )ro)erty; the 5rish&an si&)ly cannot get it into his head that there can be )ro)erty ?ith rights but no duties7 4ut one can also understand that ?hen 5rish&en ?ith these nai,e gentile conce)tions suddenly 3ind the&sel,es in one o3 the big #nglish or (&erican to?ns a&ong a )o)ulation ?ith co&)letely di33erent ideas o3 &orality and Bustice, they easily beco&e co&)letely con3used about both &orality and Bustice and lose all their bearings, ?ith the result that &asses o3 the& beco&e de&orali1ed7 6Gote to the Fourth #dition78 !!ii 'he )eculiar closeness o3 the bond bet?een &aternal uncle and ne)he?, ?hich deri,es 3ro& the ti&e o3 &otherright and is 3ound a&ong &any )eo)les, is only recogni1ed by the -ree$s in their &ythology o3 the heroic age7 (ccording to 0iodorus, 5%, 94, Meleager slays the sons o3 'hestius, the brothers o3 his &other (lth&a7 he regards this deed as such an ine!)iable cri&e that she curses the &urderer, her o?n son, and )rays 3or his death7 C'he gods heard her ?ishes,E the story says, Cand )ut an end to MeleagerIs li3e7E (lso according to 0iodorus 65%, 448, the (rgonauts land in 'hrace under Heracles and there 3ind that Phincus, at the instigation o3 his ne? ?i3e, is sha&e3ully ill-treating the t?o sons born to hi& by his 3or&er ?i3e, the 4oread Hleo)atra, ?ho& he has )ut a?ay7 4ut a&ong the (rgonauts there are also 4oreads, brothers o3 Hleo)atra, there3ore &aternal uncles o3 the &altreated boys7 'hey at once ta$e u) their ne)he?sI cause, 3ree the&, and $ill their guards7 !!iii 'he nu&ber assu&ed here is con3ir&ed by a state&ent o3 0iodorus about the Helts o3 -aul: C5n -aul d?ell &any )eo)les o3 ,arying strength7 (&ong those that are greatest the nu&ber is about +::,:::, a&ong the s&allest, J:,:::E 60iodorus iculus, %, @J87 On an a,erage, there3ore, 1+J,:::; it can undoubtedly be assu&ed that, o?ing to their higher stage o3 de,elo)&ent, the single )eo)les a&ong the -auls ?ere rather larger than a&ong the -er&ans7
!!i,

(ccording to 4isho) >iut)rand o3 Hre&ona, in the tenth century the chie3 industry o3 %erdun < in the Holy -er&an #&)ire, obser,e < ?as the &anu3acture o3 eunuchs, ?ho ?ere e!)orted at great )ro3it to )ain 3or the Moorish hare&s7 !!, #s)ecially on the north-?est coast o3 (&erica<see 4ancro3t7 (&ong the Haidahs on Queen Hharlotte 5slands there are households ?ith as &any as @:: )ersons under one roo37 (&ong the Goot$as ?hole tribes used to li,e under one roo37 !!,i For the nu&ber o3 sla,es in (thens, see abo,e, )age 1:@7 5n Horinth, at the height o3 its )o?er, the nu&ber o3 sla,es ?as 42:,:::; in Mgina, 4@:,:::7 5n both cases, ten ti&es the )o)ulation o3 3ree citi1ens7 !!,ii 'he 3irst historian ?ho had at any rate an a))ro!i&ate conce)tion o3 the nature o3 the gens ?as Giebuhr, and 3or this he had to than$ his acDuaintance ?ith the 0it&archen 3a&ilies, though he ?as o,erhasty in trans3erring their characteristics to the gens7 !!,iii 'he second )art o3 >assalleIs yste& der er?orbenen Aechte 6 yste& o3 (cDuired Aights8 turns chie3ly on the )ro)osition that the Ao&an testa&ent is as old as Ao&e itsel3, that there ?as ne,er in Ao&an history Ca ti&e ?hen there ?ere no testa&entsE; that, on the contrary, the testa&ent originated in )re-Ao&an ti&es out o3 the cult o3 the dead7 >assalle, as a 3aith3ul Hegelian o3 the old school, deri,es the )ro,isions o3 Ao&an la? not 3ro& the social relations o3 the Ao&ans, but 3ro& the Cs)eculati,e conce)tE o3 the hu&an ?ill, and so arri,es at this totally unhistorical conclusion7 'his is not to be ?ondered at in a boo$ ?hich co&es to the conclusion, on the ground o3 the sa&e s)eculati,e conce)t, that the trans3er o3 )ro)erty ?as a )urely secondary &atter in Ao&an inheritance7 >assalle not only belie,es in the illusions o3 the Ao&an Burists, )articularly o3 the earlier )eriods; he outdoes the&7 !!i! 5 originally intended to )lace the brilliant criticis& o3 ci,ili1ation ?hich is 3ound scattered through the ?or$ o3 Hharles Fourier beside that o3 Morgan and &y o?n7 =n3ortunately, 5 ha,e not the ti&e7 5 ?ill only obser,e that Fourier already regards &onoga&y and )ri,ate )ro)erty in land as the chie3 characteristics o3 ci,ili1ation, and that he calls ci,ili1ation a ?ar o3 the rich against the )oor7 We also 3ind already in his ?or$ the )ro3ound recognition that in all societies ?hich are i&)er3ect and s)lit into antagonis&s single 3a&ilies 6les 3a&ilies incohirentes8 are the econo&ic units7