Part 22 (1/2)

The religious life of the early Germans was tribal rather than personal or of the simple family. There were certain times at which members of the same tribe were wont to a.s.semble and sacrifice to the G.o.ds. There was a common meeting-place from year to year. As it has been related, this had a tendency to cement the tribe together and enhance political unity. This custom must have had its influence on social order and must have, in a measure, arrested the tendency of the people to an unsocial and selfish life.

_Political a.s.semblies_.--The political a.s.semblies, where all of the freemen met to discuss the affairs of the community, must have been powerful factors in the establishment of social customs and usage. The kinsmen or fellow tribesmen were grouped in villages, and each village maintained its privilege {288} of self-government, and consequently the freemen met in the village a.s.sembly to consider the affairs of the community. We find combined in the political representation the ideas of tribal unity and individuality, or at least family independence. As the tribes federated, there was a tendency to make the a.s.semblies more general, and thus the family exclusiveness tended to give way in favor of the development of the individual as a member of the tribal state.

It was a slow transition from an ethnic to a democratic type of society.

This a.s.sociation created a feeling of common interest akin to patriotism. Mr. Freeman has given us a graphic representation of the survival of the early a.s.sembly in the Swiss cantons.[1] In the forest cantons the freemen met in the open field on stated occasions to enact the laws and transact the duties of legislators and judges. But although there was a tendency to sectional and clannish relations in society, this became much improved by the communal a.s.sociations for political and economic life. But society, as such, could not advance very far when the larger part of the occupation of the freemen was that of war. The youth were educated in the field, and the warriors spent much of their time fighting with neighboring tribes.

The entire social structure, resting as it did upon kins.h.i.+p, found its changes in developing economic, political, and religious life.

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

_General Social Customs_.--In the summer-time the clothing was very light. The men came frequently to the Roman camp clad in a short jacket and a mantle; the more wealthy ones {289} wore a woollen or linen undergarment. But in the cold weather sheepskins and the pelts of wild animals, as well as hose for the legs and shoes made of leather for the feet, were worn. The mantle was fastened with a buckle, or with a thorn and a belt. In the belt were carried shears and knives for daily use. The women were not as a general thing dressed differently from the men. After the contact with the Romans the methods of dress changed, and there was a greater difference in the garments worn by men and women.

Marriage was a prominent social inst.i.tution among the tribes, as it always is where the monogamic family prevails. There were doubtless traces of the old custom, common to most races, of wife capture, a custom which long continued as a mere fiction to some extent among the peasantry of certain localities in Germany. In this survival the bride makes feint to escape, and is chased and captured by the bridegroom.

Some modern authorities have tried to show that there is a survival of this old custom of courts.h.i.+p, whereby the advances are supposed to be made by the men. The engagement to be married meant a great deal more in those days than at present. It was more than half of the marriage ceremony. Just as among the Hebrews, the engagement was the real marriage contract, and the latter ceremony only a form, so among the Germans the same custom prevailed. After engagement, until marriage they were called the Braut and Brautigam, but when wedded they ceased to be thus ent.i.tled. The betrothal contained the essential bonds of matrimony, and was far more important before the law than the later ceremony. In modern usage the opposite custom prevails.

The woman was always under wards.h.i.+p; her father was her natural guardian and made the marriage contract or the engagement. When a woman married, she brought with her a dower, furnished by her parents.

This consisted of all house furnis.h.i.+ngs, clothes, and jewelry, and a more substantial dower in lands, money, or live stock. On the morning of the day after marriage the husband gave to the wife the ”Morgengabe,” {290} which thereafter was her own property. It was the wedding-present of the groom. This is but a survival of the time when marriage among the Germans meant a simple purchase of a wife. It is said that ”ein Weib zu kaufen” (to buy a wife) was the common term for getting engaged, and that this phrase was so used as late as the eleventh century. The wards.h.i.+p was called the _mundium_, and when the maid left her father's house for another home, her _mundium_ was transferred from her father to her husband. This dower began, indeed, with the engagement, and the price of the _mundium_ was paid over to the guardian at the time of the contract. From this time suit for breach of promise could be brought. These are the primitive customs of the marriage ceremony, but they were changed from time to time.

Through the influence of Christianity, the woman finally attained prominence in the matter of choosing a husband, and learned, much to her satisfaction, to make her own contracts in matrimony.

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

But the ground was tilled, and barley, wheat, oats, and rye were raised. Flax was cultivated, and the good housewife did the spinning and weaving--all that was done--for the household. Greens, or herbage, were also cultivated, but {291} fruit-trees seldom were cultivated.

With the products of the soil, of the chase, and of the herds, the Teutons lived well. They had bread and meat, milk, b.u.t.ter and cheese, beer and mead, as well as fish and wild game. The superintending of the fields frequently fell to the lot of the hausfrau, and the labor was done by serfs. The tending of the fields, the pursuit of wild animals or the catching of fish, the care of the cattle or herds, and the making of b.u.t.ter and cheese, the building of houses, the bringing of salt from the sea, the making of garments, and the construction of weapons of war and utensils of convenience--these represent the chief industries of the people. Later, the beginnings of commerce sprang up between the separate tribes, and gradually extended to other nationalities.

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

When the Teutons came in contact with the Romans they mingled their principles of law with those of the latter, and thus made law more formal. Nearly all of the tribes, after this contact, had their laws codified and written in Latin, by Roman scholars, chiefly of the clergy, who incorporated not only many elements of Roman law but also more or less of the elements of Christian usage. Those tribes which had been the longer time in contact with the Romans had a greater body of laws, more systematized and of more Roman {292} characteristics.

Finally, as modern nationality arose, the laws were codified, combining the Roman and the Teutonic practice.

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

But in the evolution of the judicial systems of the various countries the Teutonic element of individual liberty and individual offenses never lost its influences. These simple elements of life indicate the origin of popular government, individual and social liberty, and the foundation of local self-government. Wherever the generous barbarians have gone they have carried the torch of liberty. In Italy, Greece, England, Germany, Spain, and the northern nations, wherever the lurid flames of revolt against arbitrary and conventional government have burst forth, it can be traced to the Teutonic spirit of freedom. This was the greatest contribution of the Teutonic people to civilization.[2]

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SUBJECTS FOR FURTHER STUDY

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

2. Teutonic influence on Roman civilization.

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

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

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

6. Modern contributions to civilization by Germany.

[1] See Chapter XXI.