Part 7 (2/2)

NOTES:

1. Numberless traces of post-pliocene lakes, now disappeared, are found over Central, West, and North Asia. Sh.e.l.ls of the same species as those now found in the Caspian Sea are scattered over the surface of the soil as far East as half-way to Lake Aral, and are found in recent deposits as far north as Kazan. Traces of Caspian Gulfs, formerly taken for old beds of the Amu, intersect the Turcoman territory. Deduction must surely be made for temporary, periodical oscillations. But with all that, desiccation is evident, and it progresses at a formerly unexpected speed. Even in the relatively wet parts of South-West Siberia, the succession of reliable surveys, recently published by Yadrintseff, shows that villages have grown up on what was, eighty years ago, the bottom of one of the lakes of the Tchany group; while the other lakes of the same group, which covered hundreds of square miles some fifty years ago, are now mere ponds. In short, the desiccation of North-West Asia goes on at a rate which must be measured by centuries, instead of by the geological units of time of which we formerly used to speak.

2. Whole civilizations had thus disappeared, as is proved now by the remarkable discoveries in Mongolia on the Orkhon and in the Lukchun depression (by Dmitri Clements).

3. If I follow the opinions of (to name modern specialists only) Na.s.se, Kovalevsky, and Vinogradov, and not those of Mr. Seebohm (Mr. Denman Ross can only be named for the sake of completeness), it is not only because of the deep knowledge and concordance of views of these three writers, but also on account of their perfect knowledge of the village community altogether--a knowledge the want of which is much felt in the otherwise remarkable work of Mr. Seebohm. The same remark applies, in a still higher degree, to the most elegant writings of Fustel de Coulanges, whose opinions and pa.s.sionate interpretations of old texts are confined to himself.

4. The literature of the village community is so vast that but a few works can be named. Those of Sir Henry Maine, Mr. Seebohm, and Walter's Das alte Wallis (Bonn, 1859), are well-known popular sources of information about Scotland, Ireland, and Wales. For France, P. Viollet, Precis de l'histoire du droit francais. Droit prive, 1886, and several of his monographs in Bibl. de l'Ecole des Chartes; Babeau, Le Village sous l'ancien regime (the mir in the eighteenth century), third edition, 1887; Bonnemere, Doniol, etc. For Italy and Scandinavia, the chief works are named in Laveleye's Primitive Property, German version by K. Bucher.

For the Finns, Rein's Forelasningar, i. 16; Koskinen, Finnische Geschichte, 1874, and various monographs. For the Lives and Coures, Prof. Lutchitzky in Severnyi Vestnil, 1891. For the Teutons, besides the well-known works of Maurer, Sohm (Altdeutsche Reichs-und Gerichts-Verfa.s.sung), also Dahn (Urzeit, Volkerwanderung, Langobardische Studien), Janssen, Wilh. Arnold, etc. For India, besides H. Maine and the works he names, Sir John Phear's Aryan Village. For Russia and South Slavonians, see Kavelin, Posnikoff, Sokolovsky, Kovalevsky, Efimenko, Ivanisheff, Klaus, etc. (copious bibliographical index up to 1880 in the Sbornik svedeniy ob obschinye of the Russ. Geog. Soc.). For general conclusions, besides Laveleye's Propriete, Morgan's Ancient Society, Lippert's Kulturgeschichte, Post, Dargun, etc., also the lectures of M.

Kovalevsky (Tableau des origines et de l'evolution de la famille et de la propriete, Stockholm, 1890). Many special monographs ought to be mentioned; their t.i.tles may be found in the excellent lists given by P.

Viollet in Droit prive and Droit public. For other races, see subsequent notes.

5. Several authorities are inclined to consider the joint household as an intermediate stage between the clan and the village community; and there is no doubt that in very many cases village communities have grown up out of undivided families. Nevertheless, I consider the joint household as a fact of a different order. We find it within the gentes; on the other hand, we cannot affirm that joint families have existed at any period without belonging either to a gens or to a village community, or to a Gau. I conceive the early village communities as slowly originating directly from the gentes, and consisting, according to racial and local circ.u.mstances, either of several joint families, or of both joint and simple families, or (especially in the case of new settlements) of simple families only. If this view be correct, we should not have the right of establis.h.i.+ng the series: gens, compound family, village community--the second member of the series having not the same ethnological value as the two others. See Appendix IX.

6. s...o...b.., Beitrag zur Geschichte des deutschen Rechtes, p. 62.

7. The few traces of private property in land which are met with in the early barbarian period are found with such stems (the Batavians, the Franks in Gaul) as have been for a time under the influence of Imperial Rome. See Inama-Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, Bd. i. 1878. Also, Besseler, Neubruch nach dem alteren deutschen Recht, pp. 11-12, quoted by Kovalevsky, Modern Custom and Ancient Law, Moscow, 1886, i. 134.

8. Maurer's Markgenossenschaft; Lamprecht's ”Wirthschaft und Recht der Franken zur Zeit der Volksrechte,” in Histor. Taschenbuch, 1883; Seebohm's The English Village Community, ch. vi, vii, and ix.

9. Letourneau, in Bulletin de la Soc. d'Anthropologie, 1888, vol. xi. p.

476.

10. Walter, Das alte Wallis, p. 323; Dm. Bakradze and N. Khoudadoff in Russian Zapiski of the Caucasian Geogr. Society, xiv. Part I.

11. Bancroft's Native Races; Waitz, Anthropologie, iii. 423; Montrozier, in Bull. Soc. d'Anthropologie, 1870; Post's Studien, etc.

12. A number of works, by Ory, Luro, Laudes, and Sylvestre, on the village community in Annam, proving that it has had there the same forms as in Germany or Russia, is mentioned in a review of these works by Jobbe-Duval, in Nouvelle Revue historique de droit francais et etranger, October and December, 1896. A good study of the village community of Peru, before the establishment of the power of the Incas, has been brought out by Heinrich Cunow (Die Soziale Verfa.s.sung des Inka-Reichs, Stuttgart, 1896.) The communal possession of land and communal culture are described in that work.

13. Kovalevsky, Modern Custom and Ancient Law, i. 115.

14. Palfrey, History of New England, ii. 13; quoted in Maine's Village Communities, New York, 1876, p. 201.

15. Konigswarter, Etudes sur le developpement des societes humaines, Paris, 1850.

16. This is, at least, the law of the Kalmucks, whose customary law bears the closest resemblance to the laws of the Teutons, the old Slavonians, etc.

17. The habit is in force still with many African and other tribes.

18. Village Communities, pp. 65-68 and 199.

19. Maurer (Gesch. der Markverfa.s.sung, sections 29, 97) is quite decisive upon this subject. He maintains that ”All members of the community ... the laic and clerical lords as well, often also the partial co-possessors (Markberechtigte), and even strangers to the Mark, were submitted to its jurisdiction” (p. 312). This conception remained locally in force up to the fifteenth century.

20. Konigswarter, loc. cit. p. 50; J. Thrupp, Historical Law Tracts, London, 1843, p. 106.

21. Konigswarter has shown that the fred originated from an offering which had to be made to appease the ancestors. Later on, it was paid to the community, for the breach of peace; and still later to the judge, or king, or lord, when they had appropriated to themselves the rights of the community.

22. Post's Bausteine and Afrikanische Jurisprudenz, Oldenburg, 1887, vol. i. pp. 64 seq.; Kovalevsky, loc. cit. ii. 164-189.

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