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 älteren deutschen Recht, pp. 11–12, quoted by Kovalevsky, Modern Custom and Ancient Law, Moscow, 1886, i, 134. ↩
Maurer’s Markgenossenschaft; Lamprecht’s “Wirthschaft und Recht der Franken zur Zeit der Volksrechte,” in Historisches Taschenbuch, 1883; Seebohm’s The English Village Community, ch. vi, vii, and ix. ↩
Letourneau, in Bulletin de la Soc. d’Anthropologie, 1888, vol. xi, p. 476. ↩
Walter, Das alte Wallis, p. 323; Dm. Bakradze and N. Khoudadoff in Russian Zapiski of the Caucasian Geogr. Society, xiv, Part I. ↩
Bancroft’s Native Races; Waitz, Anthropologie, iii, 423; Montrozier, in Bull. Soc. d’Anthropologie, 1870; Post’s Studien, etc. ↩
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 Jobbé-Duval, in Nouvelle Revue historique de droit français et étranger, 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 Verfassung des Inka-Reichs, Stuttgart, 1896.) The communal possession of land and communal culture are described in that work. ↩
Kovalevsky, Modern Custom and Ancient Law, i, 115. ↩
Palfrey, History of New England, ii, 13; quoted in Maine’s Village Communities, New York, 1876, p. 201. ↩
Königswarter, Études sur le développement des sociétés humaines, Paris, 1850. ↩
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. ↩
The habit is in force still with many African and other tribes. ↩
Village Communities, pp. 65–68 and 199. ↩
Maurer (Gesch. der Markverfassung, 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. ↩
Königswarter, Études sur le développement des sociétés humaines, Paris, 1850, p. 50; J. Thrupp, Historical Law Tracts, London, 1843, p. 106. ↩
Königswarter 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. ↩
Post’s Bausteine and Afrikanische Jurisprudenz, Oldenburg, 1887, vol. i, pp. 64 seq.; Kovalevsky, Modern Custom and Ancient Law ii, 164–189. ↩
O. Miller and M. Kovalevsky, “In the Mountaineer Communities of Kabardia,” in Vestnik Evropy, April, 1884. With the Shakhsevens of the Mugan Steppe, blood feuds always end by marriage between the two hostile sides (Markoff, in appendix to the Zapiski of the Caucasian Geogr. Soc. xiv, 1, 21). ↩
Post, in Afrik. Jurisprudenz, gives a series of facts illustrating the conceptions of equity inrooted among the African barbarians. The same may be said of all serious examinations into barbarian common law. ↩
See the excellent chapter, “Le droit de La Vieille Irlande,” (also “Le Haut Nord”) in Études de droit international et de droit politique, by Prof. E. Nys, Bruxelles, 1896. ↩
Introduction, p. xxxv. ↩
Das alte Wallis, pp. 343–350. ↩
Maynoff, “Sketches of the Judicial Practices of the Mordovians,” in the ethnographical Zapiski of the Russian Geographical Society, 1885, pp. 236, 257. ↩
Henry Maine, International Law, London, 1888, pp. 11–13. E. Nys, Les origines du droit international, Bruxelles, 1894. ↩
A Russian historian, the Kazan Professor Schapoff, who was exiled in 1862 to Siberia, has given a good description of their institutions in the Izvestia of the East-Siberian Geographical Society, vol. v, 1874. ↩
Sir Henry Maine’s Village Communities, New York, 1876, pp. 193–196. ↩
Nazaroff, The North Usuri Territory (Russian), St. Petersburg, 1887, p. 65. ↩
Hanoteau et Letourneux, La Kabylie, 3 vols. Paris, 1883. ↩
To convoke an “aid” or “bee,” some kind of meal must be offered to the community. I am told by a Caucasian friend that in Georgia, when the poor man wants an “aid,” he borrows from the rich man a sheep or two to prepare the meal, and the community bring, in addition to their work, so many provisions that he may repay the debt. A similar
