Endnotes

¹ Origin of Species, chap. iii.

² Nineteenth Century, Feb. 1888, p. 165.

³ Leaving aside the pre-Darwinian writers, like Toussenel, Fée, and many others, several works containing many striking instances of mutual aid — chiefly, however, illustrating animal intelligence were issued previously to that date. I may mention those of Houzeau, Les facultés etales des animaux, 2 vols., Brussels, 1872; L. Büchner’s Aus dem Geistesleben der Thiere, 2nd ed. in 1877; and Maximilian Perty’s Ueber das Seelenleben der Thiere, Leipzig, 1876. Espinas published his most remarkable work, Les Sociétés animales, in 1877, and in that work he pointed out the importance of animal societies, and their bearing upon the preservation of species, and entered upon a most valuable discussion of the origin of societies. In fact, Espinas’s book contains all that has been written since upon mutual aid, and many good things besides. If I nevertheless make a special mention of Kessler’s address, it is because he raised mutual aid to the height of a law much more important in evolution than the law of mutual struggle. The same ideas were developed next year (in April 1881) by J. Lanessan in a lecture published in 1882 under this title: La lutte pour l’existence et l’association pour la lutte. G. Romanes’s capital work, Animal Intelligence, was issued in 1882, and followed next year by the Mental Evolution in Animals. About the same time (1883), Büchner published another work, Liebe und Liebes-Leben in der Thierwelt, a second edition of which was issued in 1885. The idea, as seen, was in the air.

⁴ Memoirs (Trudy) of the St. Petersburg Society of Naturalists, vol. xi. 1880.

⁵ See Appendix I.

⁶ George J. Romanes’s Animal Intelligence, 1st ed. p. 233.

⁷ Pierre Huber’s Les fourmis indigëes, Génève, 1861; Forel’s Recherches sur les fourmis de la Suisse, Zurich, 1874, and J.T. Moggridge’s Harvesting Ants and Trapdoor Spiders, London, 1873 and 1874, ought to be in the hands of every boy and girl. See also: Blanchard’s Métamorphoses des Insectes, Paris, 1868; J.H. Fabre’s Souvenirs entomologiques, Paris, 1886; Ebrard’s Etudes des mœurs des fourmis, Génève, 1864; Sir John Lubbock’s Ants, Bees, and Wasps, and so on.

⁸ Forel’s Recherches, pp. 244, 275, 278. Huber’s description of the process is admirable. It also contains a hint as to the possible origin of the instinct (popular edition, pp. 158, 160). See Appendix II.

⁹ The agriculture of the ants is so wonderful that for a long time it has been doubted. The fact is now so well proved by Mr. Moggridge, Dr. Lincecum, Mr. MacCook, Col. Sykes, and Dr. Jerdon, that no doubt is possible. See an excellent summary of evidence in Mr. Romanes’s work. See also Die Pilzgaerten einiger Süd-Amerikanischen Ameisen, by Alf. Moeller, in Schimper’s Botan. Mitth. aus den Tropen, vi. 1893.

¹⁰ This second principle was not recognized at once. Former observers often spoke of kings, queens, managers, and so on; but since Huber and Forel have published their minute observations, no doubt is possible as to the free scope left for every individual’s initiative in whatever the ants do, including their wars.

¹¹ H.W. Bates, The Naturalist on the River Amazons, ii. 59 seq.

¹² N. Syevertsoff, Periodical Phenomena in the Life of Mammalia, Birds, and Reptiles of Voronèje, Moscow, 1855 (in Russian).

¹³ A. Brehm, Life of Animals, iii. 477; all quotations after the French edition.

¹⁴ Bates, p. 151.

¹⁵ Catalogue raisonné des oiseaux de la faune pontique, in Démidoff’s Voyage; abstracts in Brehm, iii. 360. During their migrations birds of prey often associate. One flock, which H. Seebohm saw crossing the Pyrenees, represented a curious assemblage of “eight kites, one crane, and a peregrine falcon” (The Birds of Siberia, 1901, p. 417).

¹⁶ Birds in the Northern Shires, p. 207.

¹⁷ Max. Perty, Ueber das Seelenleben der Thiere (Leipzig, 1876), pp. 87, 103.

¹⁸ G. H. Gurney, The House-Sparrow (London, 1885), p. 5.

¹⁹ Dr. Elliot Couës, Birds of the Kerguelen Island, in Smithsonian Miscellaneous Collections, vol. xiii. No. 2, p. 11.

²⁰ Brehm, iv. 567.

²¹ As to the house-sparrows, a New Zealand observer, Mr. T.W. Kirk, described as follows the attack of these “impudent” birds upon an “unfortunate” hawk. — “He heard one day a most unusual noise, as though all the small birds of the country had joined in one grand quarrel. Looking up, he saw a large hawk (C. gouldi — a carrion feeder) being buffeted by a flock of sparrows. They kept dashing at him in scores, and from all points at once. The unfortunate hawk was quite powerless. At last, approaching some scrub, the hawk dashed into it and remained there, while the sparrows congregated in groups round the bush, keeping up a constant chattering and noise” (Paper read before the New Zealand Institute; Nature, Oct. 10, 1891).

²² Brehm, iv. 671 seq.

²³ R. Lendenfeld, in Der zoologische Garten, 1889.

²⁴ Syevettsoff’s Periodical Phenomena, p. 251.

²⁵ Seyfferlitz, quoted by Brehm, iv. 760.

²⁶ The Arctic Voyages of A.E. Nordenskjöld, London, 1879, p. 135. See also the powerful description of the St. Kilda islands by Mr. Dixon (quoted by Seebohm), and nearly all books of Arctic travel.

²⁷ See Appendix III.

²⁸ Elliot Couës, in Bulletin U.S. Geol. Survey of Territories, iv. No. 7, pp. 556, 579, etc. Among the gulls (Larus argentatus), Polyakoff saw on a marsh in Northern Russia, that the nesting grounds of a very great number of these birds were always patrolled by one male, which warned the colony of the approach of danger. All birds rose in such case and attacked the enemy with great vigour. The females, which had five or six nests together On each knoll of the marsh, kept a certain order in leaving their nests in search of food. The fledglings, which otherwise are extremely unprotected and easily become the prey of the rapacious birds, were never left alone (“Family Habits among the Aquatic Birds,” in Proceedings of the Zool. Section of St. Petersburg Soc. of Nat., Dec. 17, 1874).

²⁹ Brehm Father, quoted by A. Brehm, iv. 34 seq. See also White’s Natural History of Selborne, Letter XI.

³⁰ Dr. Couës, Birds of Dakota and Montana, in Bulletin U.S. Survey of Territories, iv. No. 7.

³¹ It has often been intimated that larger birds may occasionally transport some of the smaller birds when they cross together the Mediterranean, but the fact still remains doubtful. On the other side, it is certain that some smaller birds join the bigger ones for migration. The fact has been noticed several times, and it was recently confirmed by L. Buxbaum at Raunheim. He saw several parties of cranes which had larks flying in the midst and on both sides of their migratory columns (Der zoologische Garten, 1886, p. 133).

³² H. Seebohm and Ch. Dixon both mention this habit.

³³ The fact is well known to every field-naturalist, and with reference to England several examples may be found in Charles Dixon’s Among the Birds in Northern Shires. The chaffinches arrive during winter in vast flocks; and about the same time, i.e. in November, come flocks of bramblings; redwings also frequent the same places “in similar large companies,” and so on (pp. 165, 166).

³⁴ S.W. Baker, Wild Beasts, etc., vol. i. p. 316.

³⁵ Tschudi, Thierleben der Alpenwelt, p. 404.

³⁶ Houzeau’s Études, ii. 463.

³⁷ For their hunting associations see Sir E. Tennant’s Natural History of Ceylon, quoted in Romanes’s Animal Intelligence, p. 432.

³⁸ See Emil Hüter’s letter in L. Büchner’s Liebe.

³⁹ See Appendix IV.

⁴⁰ With regard to the viscacha it is very interesting to note that these highly-sociable little animals not only live peaceably together in each village, but that whole villages visit each other at nights. Sociability is thus extended to the whole species — not only to a given society, or to a nation, as we saw it with the ants. When the farmer destroys a viscacha-burrow, and buries the inhabitants under a heap of earth, other viscachas — we are told by Hudson — “come from a distance to dig out those that are buried alive” (l.c., p. 311). This is a widely-known fact in La Plata, verified by the author.

⁴¹ Handbuch für Jäger und Jagdberechtigte, quoted by Brehm, ii. 223.

⁴² Buffon’s Histoire Naturelle.

⁴³ In connection with the horses it is worthy of notice that the quagga zebra, which never comes together with the dauw zebra, nevertheless lives on excellent terms, not only with ostriches, which are very good sentries, but also with gazelles, several species of antelopes, and gnus. We thus have a case of mutual dislike between the quagga and the dauw which cannot be explained by competition for food. The fact that the quagga lives together with ruminants feeding on the same grass as itself excludes that hypothesis, and we must look for some incompatibility of character, as in the case of the hare and the rabbit. Cf., among others, Clive Phillips-Wolley’s Big Game Shooting (Badminton Library), which contains excellent illustrations of various species living together in East Africa.

⁴⁴ Our Tungus hunter, who was going to marry, and therefore was prompted by the desire of getting as many furs as he possibly could, was beating the hill-sides all day long on horseback in search of deer. His efforts were not rewarded by even so much as one fallow deer killed every day; and he was an excellent hunter.

⁴⁵ According to Samuel W. Baker, elephants combine in larger groups than the “compound family.” “I have frequently observed,” he wrote, “in the portion of Ceylon known as the Park Country, the tracks of elephants in great numbers which have evidently been considerable herds that have joined together in a general retreat from a ground which they considered insecure” (Wild Beasts and their Ways, vol. i. p. 102).

⁴⁶ Pigs, attacked by wolves, do the same (Hudson, l.c.).

⁴⁷ Romanes’s Animal Intelligence, p. 472.

⁴⁸ Brehm, i. 82; Darwin’s Descent of Man, ch. iii. The Kozloff expedition of 1899–1901 have also had to sustain in Northern Thibet a similar fight.

⁴⁹ The more strange was it to read in the previously-mentioned article by Huxley the following paraphrase of a well-known sentence of Rousseau: “The first men who substituted mutual peace for that of mutual war — whatever the motive which impelled them to take that step — created society” (Nineteenth Century, Feb. 1888, p. 165). Society has not been created by man; it is anterior to man.

⁵⁰ Such monographs as the chapter on “Music and Dancing in Nature” which we have in Hudson’s Naturalist on the La Plata, and Carl Gross’ Play of Animals, have already thrown a considerable light upon an instinct which is absolutely universal in Nature.

⁵¹ Not only numerous species of birds possess the habit of assembling together — in many cases always at the same spot — to indulge in antics and dancing performances, but W.H. Hudson’s experience is that nearly all mammals and birds (“probably there are really no exceptions”) indulge frequently in more or less regular or set performances with or without sound, or composed of sound exclusively (p. 264).

⁵² For the choruses of monkeys, see Brehm.

⁵³ Haygarth, Bush Life in Australia, p. 58.

⁵⁴ To quote but a few instances, a wounded badger was carried away by another badger suddenly appearing on the scene; rats have been seen feeding a blind couple (Seelenleben der Thiere, p. 64 seq.). Brehm himself saw two crows feeding in a hollow tree a third crow which was wounded; its wound was several weeks old (Hausfreund, 1874, 715; Büchner’s Liebe, 203). Mr. Blyth saw Indian crows feeding two or three blind comrades; and so on.

⁵⁵ Man and Beast, p. 344.

⁵⁶ L.H. Morgan, The American Beaver, 1868, p. 272; Descent of Man, ch. iv.

⁵⁷ One species of swallow is said to have caused the decrease of another swallow species in North America; the recent increase of the missel-thrush in Scotland has caused the decrease of the song thrush; the brown rat has taken the place of the black rat in Europe; in Russia the small cockroach has everywhere driven before it its greater congener; and in Australia the imported hive-bee is rapidly exterminating the small stingless bee. Two other cases, but relative to domesticated animals, are mentioned in the preceding paragraph. While recalling these same facts, A.R. Wallace remarks in a footnote relative to the Scottish thrushes: “Prof. A. Newton, however, informs me that these species do not interfere in the way here stated” (Darwinism, p. 34). As to the brown rat, it is known that, owing to its amphibian habits, it usually stays in the lower parts of human dwellings (low cellars, sewers, etc.), as also on the banks of canals and rivers; it also undertakes distant migrations in numberless bands. The black rat, on the contrary, prefers staying in our dwellings themselves, under the floor, as well as in our stables and barns. It thus is much more exposed to be exterminated by man; and we cannot maintain, with any approach to certainty, that the black rat is being either exterminated or starved out by the brown rat and not by man.

⁵⁸ “But it may be urged that when several closely-allied species inhabit the same territory, we surely ought to find at the present time many transitional forms.... By my theory these allied species are descended from a common parent; and during the process of modification, each has become adapted to the conditions of life of its own region, and has supplanted and exterminated its original parent-form and all the transitional varieties between its past and present states” (Origin of Species, 6th ed. p. 134); also p. 137, 296 (all paragraph “On Extinction”).

⁵⁹ According to Madame Marie Pavloff, who has made a special study of this subject, they migrated from Asia to Africa, stayed there some time, and returned next to Asia. Whether this double migration be confirmed or not, the fact of a former extension of the ancestor of our horse over Asia, Africa, and America is settled beyond doubt.

⁶⁰ The Naturalist on the River Amazons, ii. 85, 95.

⁶¹ Dr. B. Altum, Waldbeschädigungen durch Thiere und Gegenmittel (Berlin, 1889), pp. 207 seq.

⁶² Dr. B. Altum, ut supra, pp. 13 and 187.

⁶³ A. Becker in the Bulletin de la Société des Naturalistes de Moscou, 1889, p. 625.

⁶⁴ See Appendix V.

⁶⁵ Russkaya Mysl, Sept. 1888: “The Theory of Beneficency of Struggle for Life, being a Preface to various Treatises on Botanics, Zoology, and Human Life,” by an Old Transformist.

⁶⁶ “One of the most frequent modes in which Natural Selection acts is, by adapting some individuals of a species to a somewhat different mode of life, whereby they are able to seize unappropriated places in Nature” (Origin of Species, p. 145) — in other words, to avoid competition.

⁶⁷ See Appendix VI.

⁶⁸ Nineteenth Century, February 1888, p. 165

⁶⁹ The Descent of Man, end of ch. ii. pp. 63 and 64 of the 2nd edition.

⁷⁰ Anthropologists who fully endorse the above views as regards man nevertheless intimate, sometimes, that the apes live in polygamous families, under the leadership of “a strong and jealous male.” I do not know how far that assertion is based upon conclusive observation. But the passage from Brehm’s Life of Animals, which is sometimes referred to, can hardly be taken as very conclusive. It occurs in his general description of monkeys; but his more detailed descriptions of separate species either contradict it or do not confirm it. Even as regards the cercopithèques, Brehm is affirmative in saying that they “nearly always live in bands, and very seldom in families” (French edition, p. 59). As to other species, the very numbers of their bands, always containing many males, render the “polygamous family” more than doubtful further observation is evidently wanted.

⁷¹ Lubbock, Prehistoric Times, fifth edition, 1890.

⁷² That extension of the ice-cap is admitted by most of the geologists who have specially studied the glacial age. The Russian Geological Survey already has taken this view as regards Russia, and most German specialists maintain it as regards Germany. The glaciation of most of the central plateau of France will not fail to be recognized by the French geologists, when they pay more attention to the glacial deposits altogether.

⁷³ Prehistoric Times, pp. 232 and 242.

⁷⁴ Bachofen, Das Mutterrecht, Stuttgart, 1861; Lewis H. Morgan, Ancient Society, or Researches in the Lines of Human Progress from Savagery through Barbarism to Civilization, New York, 1877; J.F. MacLennan, Studies in Ancient History, 1st series, new edition, 1886; 2nd series, 1896; L. Fison and A.W. Howitt, Kamilaroi and Kurnai, Melbourne. These four writers — as has been very truly remarked by Giraud Teulon, — starting from different facts and different general ideas, and following different methods, have come to the same conclusion. To Bachofen we owe the notion of the maternal family and the maternal succession; to Morgan — the system of kinship, Malayan and Turanian, and a highly gifted sketch of the main phases of human evolution; to MacLennan — the law of exogeny; and to Fison and Howitt — the cuadro, or scheme, of the conjugal societies in Australia. All four end in establishing the same fact of the tribal origin of the family. When Bachofen first drew attention to the maternal family, in his epoc.making work, and Morgan described the clan-organization, — both concurring to the almost general extension of these forms and maintaining that the marriage laws lie at the very basis of the consecutive steps of human evolution, they were accused of exaggeration. However, the most careful researches prosecuted since, by a phalanx of students of ancient law, have proved that all races of mankind bear traces of having passed through similar stages of development of marriage laws, such as we now see in force among certain savages. See the works of Post, Dargun, Kovalevsky, Lubbock, and their numerous followers: Lippert, Mucke, etc.

⁷⁵ See Appendix VII.

⁷⁶ For the Semites and the Aryans, see especially Prof. Maxim Kovalevsky’s Primitive Law (in Russian), Moscow, 1886 and 1887. Also his Lectures delivered at Stockholm (Tableau des origines et de l’évolution de la famille et de la propriété, Stockholm, 1890), which represents an admirable review of the whole question. Cf. also A. Post, Die Geschlechtsgenossenschaft der Urzeit, Oldenburg 1875.

⁷⁷ It would be impossible to enter here into a discussion of the origin of the marriage restrictions. Let me only remark that a division into groups, similar to Morgan’s Hawaiian, exists among birds; the young broods live together separately from their parents. A like division might probably be traced among some mammals as well. As to the prohibition of relations between brothers and sisters, it is more likely to have arisen, not from speculations about the bad effects of consanguinity, which speculations really do not seem probable, but to avoid the too-easy precocity of like marriages. Under close cohabitation it must have become of imperious necessity. I must also remark that in discussing the origin of new customs altogether, we must keep in mind that the savages, like us, have their “thinkers” and savants — wizards, doctors, prophets, etc. — whose knowledge and ideas are in advance upon those of the masses. United as they are in their secret unions (another almost universal feature) they are certainly capable of exercising a powerful influence, and of enforcing customs the utility of which may not yet be recognized by the majority of the tribe.

⁷⁸ Col. Collins, in Philips’ Researches in South Africa, London, 1828. Quoted by Waitz, ii. 334.

⁷⁹ Lichtenstein’s Reisen im südlichen Afrika, ii. Pp. 92, 97. Berlin, 1811.

⁸⁰ Waitz, Anthropologie der Naturvolker, ii. pp. 335 seq. See also Fritsch’s Die Eingeboren Afrika’s, Breslau, 1872, pp. 386 seq.; and Drei Jahre in Süd Afrika. Also W. Bleck, A Brief Account of Bushmen Folklore, Capetown, 1875.

⁸¹ Elisée Reclus, Géographie Universelle, xiii. 475.

⁸² P. Kolben, The Present State of the Cape of Good Hope, translated from the German by Mr. Medley, London, 1731, vol. i. pp. 59, 71, 333, 336, etc.

⁸³ Quoted in Waitz’s Anthropologie, ii. 335 seq.

⁸⁴ The natives living in the north of Sidney, and speaking the Kamilaroi language, are best known under this aspect, through the capital work of Lorimer Fison and A.W. Howitt, Kamilaroi and Kurnaii, Melbourne, 1880. See also A.W. Howitt’s “Further Note on the Australian Class Systems,” in Journal of the Anthropological Institute, 1889, vol. xviii. p. 31, showing the wide extension of the same organization in Australia.

⁸⁵ The Folklore, Manners, etc., of Australian Aborigines, Adelaide, 1879, p. 11.

⁸⁶ Grey’s Journals of Two Expeditions of Discovery in North-West and Western Australia, London, 1841, vol. ii. pp. 237, 298.

⁸⁷ Bulletin de la Société d’Anthropologie, 1888, vol. xi. p. 652. I abridge the answers.

⁸⁸ Bulletin de la Société d’Anthropologie, 1888, vol. xi. p. 386.

⁸⁹ The same is the practice with the Papuas of Kaimani Bay, who have a high reputation of honesty. “It never happens that the Papua be untrue to his promise,” Finsch says in Neuguinea und seine Bewohner, Bremen, 1865, p. 829.

⁹⁰ Izvestia of the Russian Geographical Society, 1880, pp. 161 seq. Few books of travel give a better insight into the petty details of the daily life of savages than these scraps from Maklay’s notebooks.

⁹¹ L.F. Martial, in Mission Scientifique au Cap Horn, Paris, 1883, vol. i. pp. 183–201.

⁹² Captain Holm’s Expedition to East Greenland.

⁹³ In Australia whole clans have been seen exchanging all their wives, in order to conjure a calamity (Post, Studien zur Entwicklungsgeschichte des Familienrechts, 1890, p. 342). More brotherhood is their specific against calamities.

⁹⁴ Dr. H. Rink, The Eskimo Tribes, p. 26 (Meddelelser om Grönland, vol. xi. 1887).

⁹⁵ Dr. Rink, loc. cit. p. 24. Europeans, grown in the respect of Roman law, are seldom capable of understanding that force of tribal authority. “In fact,” Dr. Rink writes, “it is not the exception, but the rule, that white men who have stayed for ten or twenty years among the Eskimo, return without any real addition to their knowledge of the traditional ideas upon which their social state is based. The white man, whether a missionary or a trader, is firm in his dogmatic opinion that the most vulgar European is better than the most distinguished native.” — The Eskimo Tribes, p. 31.

⁹⁶ Dall, Alaska and its Resources, Cambridge, U.S., 1870.

⁹⁷ Dall saw it in Alaska, Jacobsen at Ignitok in the vicinity of the Bering Strait. Gilbert Sproat mentions it among the Vancouver indians; and Dr. Rink, who describes the periodical exhibitions just mentioned, adds: “The principal use of the accumulation of personal wealth is for periodically distributing it.” He also mentions (loc. cit. p. 31) “the destruction of property for the same purpose,’ (of maintaining equality).

⁹⁸ See Appendix VIII.

⁹⁹ Veniaminoff, Memoirs relative to the District of Unalashka (Russian), 3 vols. St. Petersburg, 1840. Extracts, in English, from the above are given in Dall’s Alaska. A like description of the Australians’ morality is given in Nature, xlii. p. 639.

¹⁰⁰ It is most remarkable that several writers (Middendorff, Schrenk, O. Finsch) described the Ostyaks and Samoyedes in almost the same words. Even when drunken, their quarrels are insignificant. “For a hundred years one single murder has been committed in the tundra;” “their children never fight;” “anything may be left for years in the tundra, even food and gin, and nobody will touch it;” and so on. Gilbert Sproat “never witnessed a fight between two sober natives” of the Aht Indians of Vancouver Island. “Quarrelling is also rare among their children.” (Rink, loc. cit.) And so on.

¹⁰¹ Gill, quoted in Gerland and Waitz’s Anthropologie, v. 641. See also pp. 636–640, where many facts of parental and filial love are quoted.

¹⁰² Primitive Folk, London, 1891.

¹⁰³ Gerland, loc. cit. v. 636.

¹⁰⁴ Erskine, quoted in Gerland and Waitz’s Anthropologie, v. 640.

¹⁰⁵ W.T. Pritchard, Polynesian Reminiscences, London, 1866, p. 363.

¹⁰⁶ It is remarkable, however, that in case of a sentence of death, nobody will take upon himself to be the executioner. Every one throws his stone, or gives his blow with the hatchet, carefully avoiding to give a mortal blow. At a later epoch, the priest will stab the victim with a sacred knife. Still later, it will be the king, until civilization invents the hired hangman. See Bastian’s deep remarks upon this subject in Der Mensch in der Geschichte, iii. Die Blutrache, pp. 1–36. A remainder of this tribal habit, I am told by Professor E. Nys, has survived in military executions till our own times. In the middle portion of the nineteenth century it was the habit to load the rifles of the twelve soldiers called out for shooting the condemned victim, with eleven ball-cartridges and one blank cartridge. As the soldiers never knew who of them had the latter, each one could console his disturbed conscience by thinking that he was not one of the murderers.

¹⁰⁷ In Africa, and elsewhere too, it is a widely-spread habit, that if a theft has been committed, the next clan has to restore the equivalent of the stolen thing, and then look itself for the thief. A. H. Post, Afrikanische Jurisprudenz, Leipzig, 1887, vol. i. p. 77.

¹⁰⁸ See Prof. M. Kovalevsky’s Modern Customs and Ancient Law (Russian), Moscow, 1886, vol. ii., which contains many important considerations upon this subject.

¹⁰⁹ See Carl Bock, The Head Hunters of Borneo, London, 1881. I am told, however, by Sir Hugh Law, who was for a long time Governor of Borneo, that the “head-hunting” described in this book is grossly exaggerated. Altogether, my informant speaks of the Dayaks in exactly the same sympathetic terms as Ida Pfeiffer. Let me add that Mary Kingsley speaks in her book on West Africa in the same sympathetic terms of the Fans, who had been represented formerly as the most “terrible cannibals.”

¹¹⁰ Ida Pfeiffer, Meine zweite Weltrieze, Wien, 1856, vol. i. pp. 116 seq. See also Müller and Temminch’s Dutch Possessions in Archipelagic India, quoted by Elisée Reclus, in Géographie Universelle, xiii.

¹¹¹ Descent of Man, second ed., pp. 63, 64.

¹¹² See Bastian’s Mensch in der Geschichte, iii. p. 7. Also Grey, loc. cit. ii. p. 238.

¹¹³ Miklukho-Maclay, loc. cit. Same habit with the Hottentots.

¹¹⁴ Numberless traces of post-pliocene lakes, now disappeared, are found over Central, West, and North Asia. Shells 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.

¹¹⁵ 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).

¹¹⁶ If I follow the opinions of (to name modern specialists only) Nasse, 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 passionate interpretations of old texts are confined to himself.

¹¹⁷ 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, Précis de l’histoire du droit français. Droit privé, 1886, and several of his monographs in Bibl. de l’Ecole des Chartes; Babeau, Le Village sous l’ancien régime (the mir in the eighteenth century), third edition, 1887; Bonnemère, Doniol, etc. For Italy and Scandinavia, the chief works are named in Laveleye’s Primitive Property, German version by K. Bücher. For the Finns, Rein’s Föreläsningar, 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- Verfassung), also Dahn (Urzeit, Völkerwanderung, 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 Propriété, Morgan’s Ancient Society, Lippert’s Kulturgeschichte, Post, Dargun, etc., also the lectures of M. Kovalevsky (Tableau des origines et de l’évolution de la famille et de la propriété, Stockholm, 1890). Many special monographs ought to be mentioned; their titles may be found in the excellent lists given by P. Viollet in Droit privé and Droit public. For other races, see subsequent notes.

¹¹⁸ 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 circumstances, 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 establishing 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.

¹¹⁹ Stobbe, Beiträg zur Geschichte des deutschen Rechtes, p. 62.

¹²⁰ 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.

¹²¹ 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.

¹²² Letourneau, in Bulletin de la Soc. d’Anthropologie, 1888, vol. xi. p. 476.

¹²³ Walter, Das alte Wallis, p. 323; Dm. Bakradze and N. Khoudadoff in Russian Zapiski of the Caucasian Geogr. Society, xiv. Part I.

¹²⁴ Bancroft’s Native Races; Waitz, Anthropologie, iii. 423; Montrozier, in Bull. Soc. d’Anthropologie, 1870; Post’s Studien, etc.

¹²⁵ 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.

¹²⁶ Kovalevsky, Modern Custom and Ancient Law, i. 115.

¹²⁷ Palfrey, History of New England, ii. 13; quoted in Maine’s Village Communities, New York, 1876, p. 201.

¹²⁸ Königswarter, Études sur le développement des sociétés humaines, Paris, 1850.

¹²⁹ 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.

¹³⁰ The habit is in force still with many African and other tribes.

¹³¹ Village Communities, pp. 65–68 and 199.

¹³² 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.

¹³³ Königswarter, loc. cit. p. 50; J. Thrupp, Historical Law Tracts, London, 1843, p. 106.

¹³⁴ 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.

¹³⁵ Post’s Bausteine and Afrikanische Jurisprudenz, Oldenburg, 1887, vol. i. pp. 64 seq.; Kovalevsky, loc. cit. ii. 164–189.

¹³⁶ 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).

¹³⁷ 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.

¹³⁸ 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.

¹³⁹ Introduction, p. xxxv.

¹⁴⁰ Das alte Wallis, pp. 343–350.

¹⁴¹ Maynoff, “Sketches of the Judicial Practices of the Mordovians,” in the ethnographical Zapiski of the Russian Geographical Society, 1885, pp. 236, 257.

¹⁴² Henry Maine, International Law, London, 1888, pp. 11–13. E. Nys, Les origines du droit international, Bruxelles, 1894.

¹⁴³ 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.

¹⁴⁴ Sir Henry Maine’s Village Communities, New York, 1876, pp. 193–196.

¹⁴⁵ Nazaroff, The North Usuri Territory (Russian), St. Petersburg, 1887, p. 65.

¹⁴⁶ Hanoteau et Letourneux, La Kabylie, 3 vols. Paris, 1883.

¹⁴⁷ 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 habit exists with the Mordovians.

¹⁴⁸ Hanoteau et Letourneux, La kabylie, ii. 58. The same respect to strangers is the rule with the Mongols. The Mongol who has refused his roof to a stranger pays the full blood-compensation if the stranger has suffered therefrom (Bastian, Der Mensch in der Geschichte, iii. 231).

¹⁴⁹ N. Khoudadoff, “Notes on the Khevsoures,” in Zapiski of the Caucasian Geogr. Society, xiv. 1, Tiflis, 1890, p. 68. They also took the oath of not marrying girls from their own union, thus displaying a remarkable return to the old gentile rules.

¹⁵⁰ Dm. Bakradze, “Notes on the Zakataly District,” in same Zapiski, xiv. 1, p. 264. The “joint team” is as common among the Lezghines as it is among the Ossetes.

¹⁵¹ See Post, Afrikanische Jurisprudenz, Oldenburg, 1887. Münzinger, Ueber das Recht und Sitten der Bogos, Winterthur 1859; Casalis, Les Bassoutos, Paris, 1859; Maclean, Kafir Laws and Customs, Mount Coke, 1858, etc.

¹⁵² Waitz, iii. 423 seq.

¹⁵³ Post’s Studien zur Entwicklungsgeschichte des Familien Rechts Oldenburg, 1889, pp. 270 seq.

¹⁵⁴ Powell, Annual Report of the Bureau of Ethnography, Washington, 1881, quoted in Post’s Studien, p. 290; Bastian’s Inselgruppen in Oceanien, 1883, p. 88.

¹⁵⁵ De Stuers, quoted by Waitz, v. 141

¹⁵⁶ W. Arnold, in his Wanderungen und Ansiedelungen der deutschen Stämme, p. 431, even maintains that one-half of the now arable area in middle Germany must have been reclaimed from the sixth to the ninth century. Nitzsch (Geschichte des deutschen Volkes, Leipzig, 1883, vol. i.) shares the same opinion.

¹⁵⁷ Leo and Botta, Histoire d’Italie, French edition, 1844, t. i., p. 37.

¹⁵⁸ The composition for the stealing of a simple knife was 15 solidii and of the iron parts of a mill, 45 solidii (See on this subject Lamprecht’s Wirthschaft und Recht der Franken in Raumer’s Historisches Taschenbuch, 1883, p. 52.) According to the Riparian law, the sword, the spear, and the iron armour of a warrior attained the value of at least twenty-five cows, or two years of a freeman’s labour. A cuirass alone was valued in the Salic law (Desmichels, quoted by Michelet) at as much as thirty-six bushels of wheat.

¹⁵⁹ The chief wealth of the chieftains, for a long time, was in their personal domains peopled partly with prisoner slaves, but chiefly in the above way. On the origin of property see Inama Sternegg’s Die Ausbildung der grossen Grundherrschaften in Deutschland, in Schmoller’s Forschungen, Bd. I., 1878; F. Dahn’s Urgeschichte der germanischen und romanischen Völker, Berlin, 1881; Maurer’s Dorfverfassung; Guizot’s Essais sur l’histoire de France; Maine’s Village Community; Botta’s Histoire d’Italie; Seebohm, Vinogradov, J. R. Green, etc.

¹⁶⁰ See Sir Henry Maine’s International Law, London, 1888.

¹⁶¹ Ancient Laws of Ireland, Introduction; E. Nys, Études de droit international, t. i., 1896, pp. 86 seq. Among the Ossetes the arbiters from three oldest villages enjoy a special reputation (M. Kovalevsky’s Modern Custom and Old Law, Moscow, 1886, ii. 217, Russian).

¹⁶² It is permissible to think that this conception (related to the conception of tanistry) played an important part in the life of the period; but research has not yet been directed that way.

¹⁶³ It was distinctly stated in the charter of St. Quentin of the year 1002 that the ransom for houses which had to be demolished for crimes went for the city walls. The same destination was given to the Ungeld in German cities. At Pskov the cathedral was the bank for the fines, and from this fund money was taken for the wails.

¹⁶⁴ Sohm, Fränkische Rechts- und Gerichtsverfassung, p. 23; also Nitzsch, Geschechte des deutschen Volkes, i. 78.

¹⁶⁵ See the excellent remarks on this subject in Augustin Thierry’s Lettres sur l’histoire de France. 7th Letter. The barbarian translations of parts of the Bible are extremely instructive on this point.

¹⁶⁶ Thirty-six times more than a noble, according to the Anglo-Saxon law. In the code of Rothari the slaying of a king is, however, punished by death; but (apart from Roman influence) this new disposition was introduced (in 646) in the Lombardian law — as remarked by Leo and Botta — to cover the king from blood revenge. The king being at that time the executioner of his own sentences (as the tribe formerly was of its own sentences), he had to be protected by a special disposition, the more so as several Lombardian kings before Rothari had been slain in succession (Leo and Botta, l.c., i. 66–90).

¹⁶⁷ Kaufmann, Deutsche Geschichte, Bd. I. “Die Germanen der Urzeit,” p. 133.

¹⁶⁸ Dr. F. Dahn, Urgeschichte der germanischen und romanischen Völker, Berlin, 1881, Bd. I. 96.

¹⁶⁹ If I thus follow the views long since advocated by Maurer (Geschichte der Städteverfassung in Deutschland, Erlangen, 1869), it is because he has fully proved the uninterrupted evolution from the village community to the mediaeval city, and that his views alone can explain the universality of the communal movement. Savigny and Eichhorn and their followers have certainly proved that the traditions of the Roman municipia had never totally disappeared. But they took no account of the village community period which the barbarians lived through before they had any cities. The fact is, that whenever mankind made a new start in civilization, in Greece, Rome, or middle Europe, it passed through the same stages — the tribe, the village community, the free city, the state — each one naturally evolving out of the preceding stage. Of course, the experience of each preceding civilization was never lost. Greece (itself influenced by Eastern civilizations) influenced Rome, and Rome influenced our civilization; but each of them begin from the same beginning — the tribe. And just as we cannot say that our states are continuations of the Roman state, so also can we not say that the mediæval cities of Europe (including Scandinavia and Russia) were a continuation of the Roman cities. They were a continuation of the barbarian village community, influenced to a certain extent by the traditions of the Roman towns.

¹⁷⁰ M. Kovalevsky, Modern Customs and Ancient Laws of Russia (Ilchester Lectures, London, 1891, Lecture 4).

¹⁷¹ A considerable amount of research had to be done before this character of the so-called udyelnyi period was properly established by the works of Byelaeff (Tales from Russian History), Kostomaroff (The Beginnings of Autocracy in Russia), and especially Professor Sergievich (The Vyeche and the Prince). The English reader may find some information about this period in the just-named work of M. Kovalevsky, in Rambaud’s History of Russia, and, in a short summary, in the article “Russia” of the last edition of Chambers’s Encyclopædia.

¹⁷² Ferrari, Histoire des révolutions d’Italie, i. 257; Kallsen, Die deutschen Städte im Mittelalter, Bd. I. (Halle, 1891).

¹⁷³ See the excellent remarks of Mr. G.L. Gomme as regards the folkmote of London (The Literature of Local Institutions, London, 1886, p. 76). It must, however, be remarked that in royal cities the folkmote never attained the independence which it assumed elsewhere. It is even certain that Moscow and Paris were chosen by the kings and the Church as the cradles of the future royal authority in the State, because they did not possess the tradition of folkmotes accustomed to act as sovereign in all matters.

¹⁷⁴ A. Luchaire, Les Communes françaises; also Kluckohn, Geschichte des Gottesfrieden, 1857. L. Sémichon (La paix et la trève de Dieu, 2 vols., Paris, 1869) has tried to represent the communal movement as issued from that institution. In reality, the treuga Dei, like the league started under Louis le Gros for the defence against both the robberies of the nobles and the Norman invasions, was a thoroughly popular movement. The only historian who mentions this last league — that is, Vitalis — describes it as a “popular community” (“Considérations sur l’histoire de France,” in vol. iv. of Aug. Thierry’s Œuvres, Paris, 1868, p. 191 and note).

¹⁷⁵ Ferrari, i. 152, 263, etc.

¹⁷⁶ Perrens, Histoire de Florence, i. 188; Ferrari, l.c., i. 283.

¹⁷⁷ Aug. Thierry, Essai sur l’histoire du Tiers État, Paris, 1875, p. 414, note.

¹⁷⁸ F. Rocquain, “La Renaissance au XIIe siècle,” in Études sur l’histoire de France, Paris, 1875, pp. 55–117.

¹⁷⁹ N. Kostomaroff, “The Rationalists of the Twelfth Century,” in his Monographies and Researches (Russian).

¹⁸⁰ Very interesting facts relative to the universality of guilds will be found in “Two Thousand Years of Guild Life,” by Rev. J. M. Lambert, Hull, 1891. On the Georgian amkari, see S. Eghiazarov, Gorodskiye Tsekhi (“Organization of Transcaucasian Amkari”), in Memoirs of the Caucasian Geographical Society, xiv. 2, 1891.

¹⁸¹ J.D. Wunderer’s “Reisebericht” in Fichard’s Frankfurter Archiv, ii. 245; quoted by Janssen, Geschichte des deutschen Volkes, i. 355.

¹⁸² Dr. Leonard Ennen, Der Dom zu Köln, Historische Einleitung, Köln, 1871, pp. 46, 50.

¹⁸³ See previous chapter.

¹⁸⁴ Kofod Ancher, Om gamle Danske Gilder og deres Undergâng, Copenhagen, 1785. Statutes of a Knu guild.

¹⁸⁵ Upon the position of women in guilds, see Miss Toulmin Smith’s introductory remarks to the English Guilds of her father. One of the Cambridge statutes (p. 281) of the year 1503 is quite positive in the following sentence: “Thys statute is made by the comyne assent of all the bretherne and sisterne of alhallowe yelde.”

¹⁸⁶ In mediæval times, only secret aggression was treated as a murder. Blood-revenge in broad daylight was justice; and slaying in a quarrel was not murder, once the aggressor showed his willingness to repent and to repair the wrong he had done. Deep traces of this distinction still exist in modern criminal law, especially in Russia.

¹⁸⁷ Kofod Ancher, l.c. This old booklet contains much that has been lost sight of by later explorers.

¹⁸⁸ They played an important part in the revolts of the serfs, and were therefore prohibited several times in succession in the second half of the ninth century. Of course, the king’s prohibitions remained a dead letter.

¹⁸⁹ The mediæval Italian painters were also organized in guilds, which became at a later epoch Academies of art. If the Italian art of those times is impressed with so much individuality that we distinguish, even now, between the different schools of Padua, Bassano, Treviso, Verona, and so on, although all these cities were under the sway of Venice, this was due — J. Paul Richter remarks — to the fact that the painters of each city belonged to a separate guild, friendly with the guilds of other towns, but leading a separate existence. The oldest guild-statute known is that of Verona, dating from 1303, but evidently copied from some much older statute. “Fraternal assistance in necessity of whatever kind,” “hospitality towards strangers, when passing through the town, as thus information may be obtained about matters which one may like to learn,” and “obligation of offering comfort in case of debility” are among the obligations of the members (Nineteenth Century, Nov. 1890, and Aug. 1892).

¹⁹⁰ The chief works on the artels are named in the article “Russia” of the Encyclopædia Britannica, 9th edition, p. 84.

¹⁹¹ See, for instance, the texts of the Cambridge guilds given by Toulmin Smith (English Guilds, London, 1870, pp. 274–276), from which it appears that the “generall and principall day” was the “eleccioun day;” or, Ch. M. Clode’s The Early History of the Guild of the Merchant Taylors, London, 1888, i. 45; and so on. For the renewal of allegiance, see the Jómsviking saga, mentioned in Pappenheim’s Altdänische Schutzgilden, Breslau, 1885, p. 67. It appears very probable that when the guilds began to be prosecuted, many of them inscribed in their statutes the meal day only, or their pious duties, and only alluded to the judicial function of the guild in vague words; but this function did not disappear till a very much later time. The question, “Who will be my judge?” has no meaning now, since the State has appropriated for its bureaucracy the organization of justice; but it was of primordial importance in mediæval times, the more so as self-jurisdiction meant self-administration. It must also be remarked that the translation of the Saxon and Danish “guild-bretheren,” or “brodre,” by the Latin convivii must also have contributed to the above confusion.

¹⁹² See the excellent remarks upon the frith guild by J.R. Green and Mrs. Green in The Conquest of England, London, 1883, pp. 229–230.

¹⁹³ See Appendix X.

¹⁹⁴ Recueil des ordonnances des rois de France, t. xii. 562; quoted by Aug. Thierry in Considérations sur l’histoire de France, p. 196, ed. 12mo.

¹⁹⁵ A. Luchaire, Les Communes françaises, pp, 45–46.

¹⁹⁶ Guilbert de Nogent, De vita sua, quoted by Luchaire, l.c., p. 14.

¹⁹⁷ Lebret, Histoire de Venise, i. 393; also Marin, quoted by Leo and Botta in Histoire de l’Italie, French edition, 1844, t. i 500.

¹⁹⁸ Dr. W. Arnold, Verfassungsgeschichte der deutschen Freistädte, 1854, Bd. ii. 227 seq.; Ennen, Geschichte der Stadt Koeln, Bd. i. 228–229; also the documents published by Ennen and Eckert.

¹⁹⁹ Conquest of England, 1883, p. 453.

²⁰⁰ Byelaeff, Russian History, vols. ii. and iii.

²⁰¹ W. Gramich, Verfassungs- und Verwaltungsgeschichte der Stadt Würzburg im 13. bis zum 15. Jahrhundert, Würzburg, 1882, p. 34.

²⁰² When a boat brought a cargo of coal to Würzburg, coal could only be sold in retail during the first eight days, each family being entitled to no more than fifty basketfuls. The remaining cargo could be sold wholesale, but the retailer was allowed to raise a zittlicher profit only, the unzittlicher, or dishonest profit, being strictly forbidden (Gramich, l.c.). Same in London (Liber albus, quoted by Ochenkowski, p. 161), and, in fact, everywhere.

²⁰³ See Fagniez, Études sur l’industrie et la classe industrielle à Paris au XIIIme et XIVme siècle, Paris, 1877, pp. 155 seq. It hardly need be added that the tax on bread, and on beer as well, was settled after careful experiments as to the quantity of bread and beer which could be obtained from a given amount of corn. The Amiens archives contain the minutes of such experiences (A. de Calonne, l.c. pp. 77, 93). Also those of London (Ochenkowski, England’s wirthschaftliche Entwickelung, etc., Jena, 1879, p. 165).

²⁰⁴ Ch. Gross, The Guild Merchant, Oxford, 1890, i. 135. His documents prove that this practice existed in Liverpool (ii. 148–150), Waterford in Ireland, Neath in Wales, and Linlithgow and Thurso in Scotland. Mr. Gross’s texts also show that the purchases were made for distribution, not only among the merchant burgesses, but “upon all citsains and commynalte” (p. 136, note), or, as the Thurso ordinance of the seventeenth century runs, to “make offer to the merchants, craftsmen, and inhabitants of the said burgh, that they may have their proportion of the same, according to their necessitys and ability.”

²⁰⁵ The Early History of the Guild of Merchant Taylors, by Charles M. Clode, London, 1888, i. 361, appendix 10; also the following appendix which shows that the same purchases were made in 1546.

²⁰⁶ Cibrario, Les conditions économiques de l’Italie au temps de Dante, Paris, 1865, p. 44.

²⁰⁷ A. de Calonne, La vie municipale au XVme siècle dans le Nord de la France, Paris, 1880, pp. 12–16. In 1485 the city permitted the export to Antwerp of a certain quantity of corn, “the inhabitants of Antwerp being always ready to be agreeable to the merchants and burgesses of Amiens” (ibid., pp. 75–77 and texts).

²⁰⁸ A. Babeau, La ville sous l’ancien régime, Paris, 1880.

²⁰⁹ Ennen, Geschichte der Stadt Köln, i. 491, 492, also texts.

²¹⁰ The literature of the subject is immense; but there is no work yet which treats of the mediæval city as of a whole. For the French Communes, Augustin Thierry’s Lettres and Considérations sur l’histoire de France still remain classical, and Luchaire’s Communes françaises is an excellent addition on the same lines. For the cities of Italy, the great work of Sismondi (Histoire des républiques italiennes du moyen âge, Paris, 1826, 16 vols.), Leo and Botta’s History of Italy, Ferrari’s Révolutions d’Italie, and Hegel’s Geschichte der Städteverfassung in Italien, are the chief sources of general information. For Germany we have Maurer’s Städteverfassung, Barthold’s Geschichte der deutschen Städte, and, of recent works, Hegel’s Städte und Gilden der germanischen Völker (2 vols. Leipzig, 1891), and Dr. Otto Kallsen’s Die deutschen Städte im Mittelalter (2 vols. Halle, 1891), as also Janssen’s Geschichte des deutschen Volkes (5 vols. 1886), which, let us hope, will soon be translated into English (French translation in 1892). For Belgium, A. Wauters, Les Libertés communales (Bruxelles, 1869–78, 3 vols.). For Russia, Byelaeff’s, Kostomaroff’s and Sergievich’s works. And finally, for England, we possess one of the best works on cities of a wider region in Mrs. J.R. Green’s Town Life in the Fifteenth Century (2 vols. London, 1894). We have, moreover, a wealth of well-known local histories, and several excellent works of general or economical history which I have so often mentioned in this and the preceding chapter. The richness of literature consists, however, chiefly in separate, sometimes admirable, researches into the history of separate cities, especially Italian and German; the guilds; the land question; the economical principles of the time; the economical importance of guilds and crafts; the leagues between, cities (the Hansa); and communal art. An incredible wealth of information is contained in works of this second category, of which only some of the more important are named in these pages.

²¹¹ Kulischer, in an excellent essay on primitive trade (Zeitschrift für Völkerpsychologie, Bd. x. 380), also points out that, according to Herodotus, the Argippaeans were considered inviolable, because the trade between the Scythians and the northern tribes took place on their territory. A fugitive was sacred on their territory, and they were often asked to act as arbiters for their neighbours. See Appendix XI.

²¹² Some discussion has lately taken place upon the Weichbild and the Weichbild-law, which still remain obscure (see Zöpfl, Alterthümer des deutschen Reichs und Rechts, iii. 29; Kallsen, i. 316). The above explanation seems to be the more probable, but, of course, it must be tested by further research. It is also evident that, to use a Scotch expression, the “mercet cross” could be considered as an emblem of Church jurisdiction, but we find it both in bishop cities and in those in which the folkmote was sovereign.

²¹³ For all concerning the merchant guild see Mr. Gross’s exhaustive work, The Guild Merchant (Oxford, 1890, 2 vols.); also Mrs. Green’s remarks in Town Life in the Fifteenth Century, vol. ii. chaps. v. viii. x; and A. Doren’s review of the subject in Schmoller’s Forschungen, vol. xii. If the considerations indicated in the previous chapter (according to which trade was communal at its beginnings) prove to be correct, it will be permissible to suggest as a probable hypothesis that the guild merchant was a body entrusted with commerce in the interest of the whole city, and only gradually became a guild of merchants trading for themselves; while the merchant adventurers of this country, the Novgorod povolniki (free colonizers and merchants) and the mercati personati, would be those to whom it was left to open new markets and new branches of commerce for themselves. Altogether, it must be remarked that the origin of the mediaeval city can be ascribed to no separate agency. It was a result of many agencies in different degrees.

²¹⁴ Janssen’s Geschichte des deutschen Volkes, i. 315; Gramich’s Würzburg; and, in fact, any collection of ordinances.

²¹⁵ Falke, Geschichtliche Statistik, i. 373–393, and ii. 66; quoted in Janssen’s Geschichte, i. 339; J.D. Blavignac, in Comptes et dépenses de la construction du clocher de Saint-Nicolas à Fribourg en Suisse, comes to a similar conclusion. For Amiens, De Calonne’s Vie Municipale, p. 99 and Appendix. For a thorough appreciation and graphical representation of the mediæval wages in England and their value in bread and meat, see G. Steffen’s excellent article and curves in The Nineteenth Century for 1891, and Studier öfver lönsystemets historia i England, Stockholm, 1895.

²¹⁶ To quote but one example out of many which may be found in Schönberg’s and Falke’s works, the sixteen shoemaker workers (Schusterknechte) of the town Xanten, on the Rhine, gave, for erecting a screen and an altar in the church, 75 guldens of subscriptions, and 12 guldens out of their box, which money was worth, according to the best valuations, ten times its present value.

²¹⁷ Quoted by Janssen, l.c. i. 343.

²¹⁸ The Economical Interpretation of History, London, 1891, p. 303.

²¹⁹ Janssen, l.c. See also Dr. Alwin Schultz, Deutsches Leben im XIV und XV Jahrhundert, grosse Ausgabe, Wien, 1892, pp. 67 seq. At Paris, the day of labour varied from seven to eight hours in the winter to fourteen hours in summer in certain trades, while in others it was from eight to nine hours in winter, to from ten to twelve in Summer. All work was stopped on Saturdays and on about twenty-five other days (jours de commun de vile foire) at four o’clock, while on Sundays and thirty other holidays there was no work at all. The general conclusion is, that the mediæval worker worked less hours, all taken, than the present-day worker (Dr. E. Martin Saint-Léon, Histoire des corporations, p. 121).

²²⁰ W. Stieda, “Hansische Vereinbarungen über städtisches Gewerbe im XIV und XV Jahrhundert,” in Hansische Geschichtsblätter, Jahrgang 1886, p. 121. Schönberg’s Wirthschaftliche Bedeutung der Zünfte; also, partly, Roscher.

²²¹ See Toulmin Smith’s deeply-felt remarks about the royal spoliation of the guilds, in Miss Smith’s Introduction to English Guilds. In France the same royal spoliation and abolition of the guilds’ jurisdiction was begun from 1306, and the final blow was struck in 1382 (Fagniez, l.c. pp. 52–54).

²²² Adam Smith and his contemporaries knew well what they were condemning when they wrote against the State interference in trade and the trade monopolies of State creation. Unhappily, their followers, with their hopeless superficiality, flung mediæval guilds and State interference into the same sack, making no distinction between a Versailles edict and a guild ordinance. It hardly need be said that the economists who have seriously studied the subject, like Schönberg (the editor of the well-known course of Political Economy), never fell into such an error. But, till lately, diffuse discussions of the above type went on for economical “science.”

²²³ In Florence the seven minor arts made their revolution in 1270–82, and its results are fully described by Perrens (Histoire de Florence, Paris, 1877, 3 vols.), and especially by Gino Capponi (Storia della repubblica di Firenze, 2da edizione, 1876, i. 58–80; translated into German). In Lyons, on the contrary, where the movement of the minor crafts took place in 1402, the latter were defeated and lost the right of themselves nominating their own judges. The two parties came apparently to a compromise. In Rostock the same movement took place in 1313; in Zürich in 1336; in Bern in 1363; in Braunschweig in 1374, and next year in Hamburg; in Lübeck in 1376–84; and so on. See Schmoller’s Strassburg zur Zeit der Zunftkämpfe and Strassburg’s Blüthe; Brentano’s Arbeitergilden der Gegenwart, 2 vols., Leipzig, 1871–72; Eb. Bain’s Merchant and Craft Guilds, Aberdeen, 1887, pp. 26–47, 75, etc. As to Mr. Gross’s opinion relative to the same struggles in England, see Mrs. Green’s remarks in her Town Life in the Fifteenth Century, ii. 190–217; also the chapter on the Labour Question, and, in fact, the whole of this extremely interesting volume. Brentano’s views on the crafts’ struggles, expressed especially in iii. and iv. of his essay “On the History and Development of Guilds,” in Toulmin Smith’s English Guilds remain classical for the subject, and may be said to have been again and again confirmed by subsequent research.

²²⁴ To give but one example — Cambrai made its first revolution in 907, and, after three or four more revolts, it obtained its charter in 1O76. This charter was repealed twice (11O7 and 1138), and twice obtained again (in 1127 and 1180). Total, 223 years of struggles before conquering the right to independence. Lyons — from 1195 to 132O.

²²⁵ See Tuetey, “Étude sur Le droit municipal... en Franche-Comté,” in Mémoires de la Société d’émulation de Montbéliard, 2e série, ii. 129 seq.

²²⁶ This seems to have been often the case in Italy. In Switzerland, Bern bought even the towns of Thun and Burgdorf.

²²⁷ Such was, at least, the case in the cities of Tuscany (Florence, Lucca, Sienna, Bologna, etc.), for which the relations between city and peasants are best known. (Luchitzkiy, “Slavery and Russian Slaves in Florence,” in Kieff University Izvestia for 1885, who has perused Rumohr’s Ursprung der Besitzlosigkeit der Colonien in Toscana, 1830.) The whole matter concerning the relations between the cities and the peasants requires much more study than has hitherto been done.

²²⁸ Ferrari’s generalizations are often too theoretical to bealways correct; but his views upon the part played by the nobles in the city wars are based upon a wide range of authenticated facts.

²²⁹ Only such cities as stubbornly kept to the cause of the barons, like Pisa or Verona, lost through the wars. For many towns which fought on the barons’ side, the defeat was also the beginning of liberation and progress.

²³⁰ Ferrari, ii. 18, 104 seq.; Leo and Botta, i. 432.

²³¹ Joh. Falke, Die Hansa als Deutsche See- und Handelsmacht, Berlin, 1863, pp. 31, 55.

²³² For Aachen and Cologne we have direct testimony that the bishops of these two cities — one of them bought by the enemy opened to him the gates.

²³³ See the facts, though not always the conclusions, of Nitzsch, iii. 133 seq.; also Kallsen, i. 458, etc.

²³⁴ On the Commune of the Laonnais, which, until Melleville’s researches (Histoire de la Commune du Laonnais, Paris, 1853), was confounded with the Commune of Laon, see Luchaire, pp. 75 seq. For the early peasants’ guilds and subsequent unions see R. Wilman’s “Die ländlichen Schutzgilden Westphaliens,” in Zeitschrift für Kulturgeschichte, neue Folge, Bd. iii., quoted in Henne-am-Rhyn’s Kulturgeschichte, iii. 249.

²³⁵ Luchaire, p. 149.

²³⁶ Two important cities, like Mainz and Worms, would settle a political contest by means of arbitration. After a civil war broken out in Abbeville, Amiens would act, in 1231, as arbiter (Luchaire, 149); and so on.

²³⁷ See, for instance, W. Stieda, Hansische Vereinbarungen, l.c., p.114.

²³⁸ Cosmo Innes’s Early Scottish History and Scotland in Middle Ages, quoted by Rev. Denton, l.c., pp. 68, 69; Lamprecht’s Deutsches wirthschaftliche Leben im Mittelalter, review by Schmoller in his Jahrbuch, Bd. xii.; Sismondi’s Tableau de l’agriculture toscane, pp. 226 seq. The dominions of Florence could be recognized at a glance through their prosperity.

²³⁹ Mr. John J. Ennett (Six Essays, London, 1891) has excellent pages on this aspect of mediæval architecture. Mr. Willis, in his appendix to Whewell’s History of Inductive Sciences (i. 261–262), has pointed out the beauty of the mechanical relations in mediæval buildings. “A new decorative construction was matured,” he writes, “not thwarting and controlling, but assisting and harmonizing with the mechanical construction. Every member, every moulding, becomes a sustainer of weight; and by the multiplicity of props assisting each other, and the consequent subdivision of weight, the eye was satisfied of the stability of the structure, notwithstanding curiously slender aspects of the separate parts.” An art which sprang out of the social life of the city could not be better characterized.

²⁴⁰ Dr. L. Ennen, Der Dom zu Köln, seine Construction und Anstaltung, Köln, 1871.

²⁴¹ The three statues are among the outer decorations of Nôtre Dame de Paris.

²⁴² Mediæval art, like Greek art, did not know those curiosity shops which we call a National Gallery or a Museum. A picture was painted, a statue was carved, a bronze decoration was cast to stand in its proper place in a monument of communal art. It lived there, it was part of a whole, and it contributed to give unity to the impression produced by the whole.

²⁴³ Cf. J. T. Ennett’s “Second Essay,” p. 36.

²⁴⁴ Sismondi, iv. 172; xvi. 356. The great canal, Naviglio Grande, which brings the water from the Tessino, was begun in 1179, i.e. after the conquest of independence, and it was ended in the thirteenth century. On the subsequent decay, see xvi. 355.

²⁴⁵ In 1336 it had 8,000 to 10,000 boys and girls in its primary schools, 1,000 to 1,200 boys in its seven middle schools, and from 550 to 600 students in its four universities. The thirty communal hospitals contained over 1,000 beds for a population of 90,000 inhabitants (Capponi, ii. 249 seq.). It has more than once been suggested by authoritative writers that education stood, as a rule, at a much higher level than is generally supposed. Certainly so in democratic Nuremberg.

²⁴⁶ Cf. L. Ranke’s excellent considerations upon the essence of Roman Law in his Weltgeschichte, Bd. iv. Abth. 2, pp. 2O-31. Also Sismondi’s remarks upon the part played by the légistes in the constitution of royal authority, Histoire des Français, Paris, 1826, viii. 85–99. The popular hatred against these “weise Doktoren und Beutelschneider des Volks” broke out with full force in the first years of the sixteenth century in the sermons of the early Reform movement.

²⁴⁷ Brentano fully understood the fatal effects of the struggle between the “old burghers” and the new-comers. Miaskowski, in his work on the village communities of Switzerland, has indicated the same for village communities.

²⁴⁸ The trade in slaves kidnapped in the East was never discontinued in the Italian republics till the fifteenth century. Feeble traces of it are found also in Germany and elsewhere. See Cibrario. Della schiavitù e del servaggio, 2 vols. Milan, 1868; Professor Luchitzkiy, “Slavery and Russian Slaves in Florence in the Fourteenth and Fifteenth Centuries,” in Izvestia of the Kieff University, 1885.

²⁴⁹ J.R. Green’s History of the English People, London, 1878, i. 455.

²⁵⁰ See the theories expressed by the Bologna lawyers, already at the Congress of Roncaglia in 1158.

²⁵¹ A bulky literature, dealing with this formerly much neglected subject, is now growing in Germany. Keller’s works, Ein Apostel der Wiedertäufer and Geschichte der Wiedertäufer, Cornelius’s Geschichte des münsterischen Aufruhrs, and Janssen’s Geschichte des deutschen Volkes may be named as the leading sources. The first attempt at familiarizing English readers with the results of the wide researches made in Germany in this direction has been made in an excellent little work by Richard Heath — “Anabaptism from its Rise at Zwickau to its Fall at Munster, 1521–1536,” London, 1895 (Baptist Manuals, vol. i.) — where the leading features of the movement are well indicated, and full bibliographical information is given. Also K. Kautsky’s Communism in Central Europe in the Time of the Reformation, London, 1897.

²⁵² Few of our contemporaries realize both the extent of this movement and the means by which it was suppressed. But those who wrote immediately after the great peasant war estimated at from 100,000 to 150,000 men the number of peasants slaughtered after their defeat in Germany. See Zimmermann’s Allgemeine Geschichte des grossen Bauernkrieges. For the measures taken to suppress the movement in the Netherlands see Richard Heath’s Anabaptism.

²⁵³ “Chacun s’en est accommodé selon sa bienséance... on les a partagés... pour dé pouiller les communes, on s’est servi de dettes simulées” (Edict of Louis the Fourteenth, of 1667, quoted by several authors. Eight years before that date the communes had been taken under State management).

²⁵⁴ “On a great landlord’s estate, even if he has millions of revenue, you are sure to find the land uncultivated” (Arthur Young). “One-fourth part of the soil went out of culture;” “for the last hundred years the land has returned to a savage state;” “the formerly flourishing Sologne is now a big marsh;” and so on (Théron de Montaugé, quoted by Taine in Origines de la France Contemporaine, tome i. p. 441).

²⁵⁵ A. Babeau, Le Village sous l’Ancien Régime, 3e édition. Paris, 1892.

²⁵⁶ In Eastern France the law only confirmed what the peasants had already done themselves; in other parts of France it usually remained a dead letter.

²⁵⁷ After the triumph of the middle-class reaction the communal lands were declared (August 24, 1794) the States domains, and, together with the lands confiscated from the nobility, were put up for sale, and pilfered by the bandes noires of the small bourgeoisie. True that a stop to this pilfering was put next year (law of 2 Prairial, An V), and the preceding law was abrogated; but then the village Communities were simply abolished, and cantonal councils were introduced instead. Only seven years later (9 Prairial, An XII), i.e. in 1801, the village communities were reintroduced, but not until after having been deprived of all their rights, the mayor and syndics being nominated by the Government in the 36,000 communes of France! This system was maintained till after the revolution of 1830, when elected communal councils were reintroduced under the law of 1787. As to the communal lands, they were again seized upon by the State in 1813, plundered as such, and only partly restored to the communes in 1816. See the classical collection of French laws, by Dalloz, Répertoire de Jurisprudence; also the works of Doniol, Dareste, Bonnemère, Babeau, and many others.

²⁵⁸ This procedure is so absurd that one would not believe it possible if the fifty-two different acts were not enumerated in full by a quite authoritative writer in the Journal des Economistes (1893, April, p. 94), and several similar examples were not given by the same author.

²⁵⁹ Dr. Ochenkowski, Englands wirthschaftliche Entwickelung im Ausgange des Mittelalters (Jena, 1879), pp. 35 seq., where the whole question is discussed with full knowledge of the texts.

²⁶⁰ Nasse, Ueber die mittelalterliche Feldgemeinschaft und die Einhegungen des XVI. Jahrhunderts in England (Bonn, 1869), pp. 4, 5; Vinogradov, Villainage in England (Oxford, 1892).

²⁶¹ Seebohm, The English Village Community, 3rd edition, 1884, pp. 13–15.

²⁶² “An examination into the details of an Enclosure Act will make clear the point that the system as above described [communal ownership] is the system which it was the object of the Enclosure Act to remove” (Seebohm, l.c. p. 13). And further on, “They were generally drawn in the same form, commencing with the recital that the open and common fields lie dispersed in small pieces, intermixed with each other and inconveniently situated; that divers persons own parts of them, and are entitled to rights of common on them... and that it is desired that they may be divided and enclosed, a specific share being let out and allowed to each owner” (p. 14). Porter’s list contained 3867 such Acts, of which the greatest numbers fall upon the decades of 1770–1780 and 1800–1820, as in France.

²⁶³ In Switzerland we see a number of communes, ruined by wars, which have sold part of their lands, and now endeavour to buy them back.

²⁶⁴ A. Buchenberger, “Agrarwesen und Agrarpolitik,” in A. Wagner’s Handbuch der politischen Oekonomie, 1892, Band i. pp. 280 seq.

²⁶⁵ G.L. Gomme, “The Village Community, with special reference to its Origin and Forms of Survival in Great Britain” (Contemporary Science Series), London, 1890, pp. 141–143; also his Primitive Folkmoots (London, 1880), pp. 98 seq.

²⁶⁶ “In almost all parts of the country, in the Midland and Eastern counties particularly, but also in the west — in Wiltshire, for example — in the south, as in Surrey, in the north, as in Yorkshire, — there are extensive open and common fields. Out of 316 parishes of Northamptonshire 89 are in this condition; more than 100 in Oxfordshire; about 50,000 acres in Warwickshire; in Berkshire half the county; more than half of Wiltshire; in Huntingdonshire out of a total area of 240,000 acres 130,000 were commonable meadows, commons, and fields” (Marshall, quoted in Sir Henry Maine’s Village Communities in the East and West, New York edition, 1876, pp. 88, 89).

²⁶⁷ Ibid. p. 88; also Fifth Lecture. The wide extension of “commons” in Surrey, even now, is well known.

²⁶⁸ In quite a number of books dealing with English country life which I have consulted I have found charming descriptions of country scenery and the like, but almost nothing about the daily life and customs of the labourers.

²⁶⁹ In Switzerland the peasants in the open land also fell under the dominion of lords, and large parts of their estates were appropriated by the lords in the sixteenth and seventeenth centuries. (See, for instance, Dr. A. Miaskowski, in Schmoller’s Forschungen, Bd. ii. 1879, Pp. 12 seq.) But the peasant war in Switzerland did not end in such a crushing defeat of the peasants as it did in other countries, and a great deal of the communal rights and lands was retained. The self-government of the communes is, in fact, the very foundation of the Swiss liberties.

²⁷⁰ Miaskowski, in Schmoller’s Forschungen, Bd. ii. 1879, p. 15.

²⁷¹ See on this subject a series of works, summed up in one of the excellent and suggestive chapters (not yet translated into English) which K. Bücher has added to the German translation of Laveleye’s Primitive Ownership. Also Meitzen, “Das Agrar- und Forst-Wesen, die Allmenden und die Landgemeinden der Deutschen Schweiz,” in Jahrbuch für Staatswissenschaft, 1880, iv. (analysis of Miaskowsky’s works); O’Brien, “in a Swiss village,” in Macmillan’s Magazine, October 1885.

²⁷² The wedding gifts, which often substantially contribute in this country to the comfort of the young households, are evidently a remainder of the communal habits.

²⁷³ The communes own, 4,554,1O0 acres of woods out of 24,813,0O0 in the whole territory, and 6,936,300 acres of natural meadows out of 11,394,000 acres in France. The remaining 2,000,000 acres are fields, orchards, and so on.

²⁷⁴ In Caucasia they even do better among the Georgians. As the meal costs, and a poor man cannot afford to give it, a sheep is bought by those same neighbours who come to aid in the work.

²⁷⁵ Alfred Baudrillart, in H. Baudrillart’s Les Populations Rurales de la France, 3rd series (Paris, 1893), p. 479.

²⁷⁶ The Journal des Économistes (August 1892, May and August 1893) has lately given some of the results of analyses made at the agricultural laboratories at Ghent and at Paris. The extent of falsification is simply incredible; so also the devices of the “honest traders.” In certain seeds of grass there was 32 per cent. of gains of sand, coloured so as to Receive even an experienced eye; other samples contained from 52 to 22 per cent. only of pure seed, the remainder being weeds. Seeds of vetch contained 11 per cent. of a poisonous grass (nielle); a flour for cattle-fattening contained 36 per cent. of sulphates; and so on ad infinitum.

²⁷⁷ A. Baudrillart, l.c. p. 309. Originally one grower would undertake to supply water, and several others would agree to make use of it. “What especially characterises such associations,” A. Baudrillart remarks, “is that no sort of written agreement is concluded. All is arranged in words. There was, however, not one single case of difficulties having arisen between the parties.”

²⁷⁸ A. Baudrillart, l.c. pp. 300, 341, etc. M. Terssac, president of the St. Gironnais syndicate (Ariège), wrote to my friend in substance as follows: — “For the exhibition of Toulouse our association has grouped the owners of cattle which seemed to us worth exhibiting. The society undertook to pay one-half of the travelling and exhibition expenses; one-fourth was paid by each owner, and the remaining fourth by those exhibitors who had got prizes. The result was that many took part in the exhibition who never would have done it otherwise. Those who got the highest awards (350 francs) have contributed 10 per cent. of their prizes, while those who have got no prize have only spent 6 to 7 francs each.”

²⁷⁹ In W¸rttemberg 1,629 communes out of 1,910 have communal property. They owned in 1863 over 1,000,000 acres of land. In Baden 1,256 communes out of 1,582 have communal land; in 1884–1888 they held 121,500 acres of fields in communal culture, and 675,000 acres of forests, i.e. 46 per cent. of the total area under woods. In Saxony 39 per cent. of the total area is in communal ownership (Schmoller’s Jahrbuch, 1886, p. 359). In Hohenzollern nearly two-thirds of all meadow land, and in Hohenzollern-Hechingen 41 per cent. of all landed property, are owned by the village communities (Buchenberger, Agrarwesen, vol. i. p. 300).

²⁸⁰ See K. Bücher, who, in a special chapter added to Laveleye’s Ureigenthum, has collected all information relative to the village community in Germany.

²⁸¹ K. Bücher, ibid. pp. 89, 90.

²⁸² For this legislation and the numerous obstacles which were put in the way, in the shape of red-tapeism and supervision, see Buchenberger’s Agrarwesen und Agrarpolitik, Bd. ii. pp. 342–363, and p. 506, note.

²⁸³ Buchenberger, l.c. Bd. ii. p. 510. The General Union of Agricultural Co-operation comprises an aggregate of 1,679 societies. In Silesia an aggregate of 32,000 acres of land has been lately drained by 73 associations; 454,800 acres in Prussia by 516 associations; in Bavaria there are 1,715 drainage and irrigation unions.

²⁸⁴ See Appendix XII.

²⁸⁵ For the Balkan peninsula see Laveleye’s Propriété Primitive.

²⁸⁶ The facts concerning the village community, contained in nearly a hundred volumes (out of 450) of these inquests, have been classified and summed up in an excellent Russian work by “V.V.” The Peasant Community (Krestianskaya Obschina), St. Petersburg, 1892, which, apart from its theoretical value, is a rich compendium of data relative to this subject. The above inquests have also given origin to an immense literature, in which the modern village-community question for the first time emerges from the domain of generalities and is put on the solid basis of reliable and sufficiently detailed facts.

²⁸⁷ The redemption had to be paid by annuities for forty-nine years. As years went, and the greatest part of it was paid, it became easier and easier to redeem the smaller remaining part of it, and, as each allotment could be redeemed individually, advantage was taken of this disposition by traders, who bought land for half its value from the ruined peasants. A law was consequently passed to put a stop to such sales.

²⁸⁸ Mr. V.V., in his Peasant Community, has grouped together all facts relative to this movement. About the rapid agricultural development of South Russia and the spread of machinery English readers will find information in the Consular Reports (Odessa, Taganrog).

²⁸⁹ In some instances they proceeded with great caution. In one village they began by putting together all meadow land, but only a small portion of the fields (about five acres per soul) was rendered communal; the remainder continued to be owned individually. Later on, in 1862–1864, the system was extended, but only in 1884 was communal possession introduced in full. — V.V.’s Peasant Community, pp. 1–14.

²⁹⁰ On the Mennonite village community see A. Klaus, Our Colonies (Nashi Kolonii), St. Petersburg, 1869.

²⁹¹ Such communal cultures are known to exist in 159 villages out of 195 in the Ostrogozhsk district; in 150 out of 187 in Slavyanoserbsk; in 107 village communities in Alexandrovsk, 93 in Nikolayevsk, 35 in Elisabethgrad. In a German colony the communal culture is made for repaying a communal debt. All join in the work, although the debt was contracted by 94 householders out of 155.

²⁹² Lists of such works which came under the notice of the zemstvo statisticians will be found in V.V.’s Peasant Community, pp. 459–600.

²⁹³ In the government of Moscow the experiment was usually made on the field which was reserved for the above-mentioned communal culture.

²⁹⁴ Several instances of such and similar improvements were given in the Official Messenger, 1894, Nos. 256–258. Associations between “horseless” peasants begin to appear also in South Russia. Another extremely interesting fact is the sudden development in Southern West Siberia of very numerous co-operative creameries for making butter. Hundreds of them spread in Tobolsk and Tomsk, without any one knowing wherefrom the initiative of the movement came. It came from the Danish co-operators, who used to export their own butter of higher quality, and to buy butter of a lower quality for their own use in Siberia. After a several years’ intercourse, they introduced creameries there. Now, a great export trade has grown out of their endeavours.

²⁹⁵ Toulmin Smith, English Guilds, London, 1870, Introd. p. xliii.

²⁹⁶ The Act of Edward the Sixth — the first of his reign — ordered to hand over to the Crown “all fraternities, brotherhoods, and guilds being within the realm of England and Wales and other of the king’s dominions; and all manors, lands, tenements, and other hereditaments belonging to them or any of them” (English Guilds, Introd. p. xliii). See also Ockenkowski’s Englands wirtschaftliche Entwickelung im Ausgange des Mittelalters, Jena, 1879, chaps. ii-v.

²⁹⁷ See Sidney and Beatrice Webb, History of Trade-Unionism, London, 1894, pp. 21–38.

²⁹⁸ See in Sidney Webb’s work the associations which existed at that time. The London artisans are supposed to have never been better organized than in 181O-20.

²⁹⁹ The National Association for the Protection of Labour included about 150 separate unions, which paid high levies, and had a membership of about 100,000. The Builders’ Union and the Miners’ Unions also were big organizations (Webb, l.c. p. 107).

³⁰⁰ I follow in this Mr. Webb’s work, which is replete with documents to confirm his statements.

³⁰¹ Great changes have taken place since the forties in the attitude of the richer classes towards the unions. However, even in the sixties, the employers made a formidable concerted attempt to crush them by locking out whole populations. Up to 1869 the simple agreement to strike, and the announcement of a strike by placards, to say nothing of picketing, were often punished as intimidation. Only in 1875 the Master and Servant Act was repealed, peaceful picketing was permitted, and “violence and intimidation” during strikes fell into the domain of common law. Yet, even during the dock-labourers’ strike in 1887, relief money had to be spent for fighting before the Courts for the right of picketing, while the prosecutions of the last few years menace once more to render the conquered rights illusory.

³⁰² A weekly contribution of 6d. out of an 18s. wage, or of 1s. out of 25s., means much more than 9l. out of a 300l. income: it is mostly taken upon food; and the levy is soon doubled when a strike is declared in a brother union. The graphic description of trade-union life, by a skilled craftsman, published by Mr. and Mrs. Webb (pp. 431 seq.), gives an excellent idea of the amount of work required from a unionist.

³⁰³ See the debates upon the strikes of Falkenau in Austria before the Austrian Reichstag on the 10th of May, 1894, in which debates the fact is fully recognized by the Ministry and the owner of the colliery. Also the English Press of that time.

³⁰⁴ Many such facts will be found in the Daily Chronicle and partly the Daily News for October and November 1894.

³⁰⁵ The 31,473 productive and consumers’ associations on the Middle Rhine showed, about 1890, a yearly expenditure of 18,437,500l.; 3,675,000l. were granted during the year in loans.

³⁰⁶ British Consular Report, April 1889.

³⁰⁷ A capital research on this subject has been published in Russian in the Zapiski (Memoirs) of the Caucasian Geographical Society, vol. vi. 2, Tiflis, 1891, by C. Egiazaroff.

³⁰⁸ Escape from a French prison is extremely difficult; nevertheless a prisoner escaped from one of the French prisons in 1884 or 1885. He even managed to conceal himself during the whole day, although the alarm was given and the peasants in the neighbourhood were on the look-out for him. Next morning found him concealed in a ditch, close by a small village. Perhaps he intended to steal some food, or some clothes in order to take off his prison uniform. As he was lying in the ditch a fire broke out in the village. He saw a woman running out of one of the burning houses, and heard her desperate appeals to rescue a child in the upper storey of the burning house. No one moved to do so. Then the escaped prisoner dashed out of his retreat, made his way through the fire, and, with a scalded face and burning clothes, brought the child safe out of the fire, and handed it to its mother. Of course he was arrested on the spot by the village gendarme, who now made his appearance. He was taken back to the prison. The fact was reported in all French papers, but none of them bestirred itself to obtain his release. If he had shielded a warder from a comrade’s blow, he would have been made a hero of. But his act was simply humane, it did not promote the State’s ideal; he himself did not attribute it to a sudden inspiration of divine grace; and that was enough to let the man fall into oblivion. Perhaps, six or twelve months were added to his sentence for having stolen — “the State’s property” — the prison’s dress.

³⁰⁹ The Medical Academy for Women (which has given to Russia a large portion of her 700 graduated lady doctors), the four Ladies’ Universities (about 1,000 pupils in 1887; closed that year, and reopened in 1895), and the High Commercial School for Women are entirely the work of such private societies. To the same societies we owe the high standard which the girls’ gymnasia attained since they were opened in the sixties. The 100 gymnasia now scattered over the Empire (over 70,000 pupils), correspond to the High Schools for Girls in this country; all teachers are, however, graduates of the universities.

³¹⁰ The Verein für Verbreitung gemeinnütslicher Kenntnisse, although it has only 5,500 members, has already opened more than 1,000 public and school libraries, organized thousands of lectures, and published most valuable books.

³¹¹ Very few writers in sociology have paid attention to it. Dr. Ihering is one of them, and his case is very instructive. When the great German writer on law began his philosophical work, Der Zweck im Rechte (“Purpose in Law”), he intended to analyze “the active forces which call forth the advance of society and maintain it,” and to thus give “the theory of the sociable man.” He analyzed, first, the egotistic forces at work, including the present wage-system and coercion in its variety of political and social laws; and in a carefully worked-out scheme of his work he intended to give the last paragraph to the ethical forces — the sense of duty and mutual love — which contribute to the same aim. When he came, however, to discuss the social functions of these two factors, he had to write a second volume, twice as big as the first; and yet he treated only of the personal factors which will take in the following pages only a few lines. L. Dargun took up the same idea in Egoismus und Altruismus in der Nationalökonomie, Leipzig, 1885, adding some new facts. Büchner’s Love, and the several paraphrases of it published here and in Germany, deal with the same subject.

³¹² Light and Shadows in the Life of an Artisan. Coventry, 1893.

³¹³ Many rich people cannot understand how the very poor can help each other, because they do not realize upon what infinitesimal amounts of food or money often hangs the life of one of the poorest cLasses. Lord Shaftesbury had understood this terribLe truth when he started his Flowers and Watercress Girls’ Fund, out of which loans of one pound, and only occasionally two pounds, were granted, to enable the girls to buy a basket and flowers when the winter sets in and they are in dire distress. The loans were given to girls who had “not a sixpence,” but never failed to find some other poor to go bail for them. “Of all the movements I have ever been connected with,” Lord Shaftesbury wrote, “I look upon this Watercress Girls’ movement as the most successful.... It was begun in 1872, and we have had out 800 to 1,000 loans, and have not lost 50l. during the whole period.... What has been lost — and it has been very little, under the circumstances — has been by reason of death or sickness, not by fraud” (The Life and Work of the Seventh Earl of Shaftesbury, by Edwin Hodder, vol. iii. p. 322. London, 1885–86). Several more facts in point in Ch. Booth’s Life and Labour in London, vol. i; in Miss Beatrice Potter’s “Pages from a Work Girl’s Diary” (Nineteenth Century, September 1888, p. 310); and so on.

³¹⁴ Samuel Plimsoll, Our Seamen, cheap edition, London, 1870, p. 110.

³¹⁵ Our Seamen, u.s., p. 110. Mr. Plimsoll added: “I don’t wish to disparage the rich, but I think it may be reasonably doubted whether these qualities are so fully developed in them; for, notwithstanding that not a few of them are not unacquainted with the claims, reasonable or unreasonable, of poor relatives, these qualities are not in such constant exercise. Riches seem in so many cases to smother the manliness of their possessors, and their sympathies become, not so much narrowed as — so to speak — stratified: they are reserved for the sufferings of their own class, and also the woes of those above them. They seldom tend downwards much, and they are far more likely to admire an act of courage... than to admire the constantly exercised fortitude and the tenderness which are the daily characteristics of a British workman’s life” — and of the workmen all over the world as well.

³¹⁶ Life of the Seventh Earl of Shaftesbury, by Edwin Hodder, vol. i. pp. 137–138.

³¹⁷ See Marriage Customs in many Lands, by H.N. Hutchinson, London, 1897.

³¹⁸ Many new and interesting forms of these have been collected by Wilhelm Rudeck, Geschichte der öffentlichen Sittlichkeit in Deutschland, analyzed by Durckheim in Annuaire Sociologique, ii. 312.

³¹⁹ A Servio Tullio populus romanus relatus in censum, digestus in classes, curiis atque collegiis distributus (E. Martin-Saint Léon, Histoire des corporations de métiers depuis leurs origines jusqu’à leur suppression en 1791, etc., Paris, 1897.

³²⁰ The Roman sodalitia, so far as we may judge (same author, p. 9), corresponded to the Kabyle çofs.

³²¹ It is striking to see how distinctly this very idea is expressed in the well-known passage of Plutarch concerning Numa’s legislation of the trade-colleges: — “And through this,” Plutarch wrote, “he was the first to banish from the city this spirit which led people to say: ‘I am a Sabine,’ or ‘I am a Roman,’ or ‘I am a subject of Tatius,’ and another: ‘I am a subject of Romulus’” — to exclude, in other words, the idea of different descent.

³²² The work of H. Schurtz, devoted to the “age-classes” and the secret men’s unions during the barbarian stases of civilization (Altersklassen und Männerverbände: eine Darstellung der Grundformen der Gesellschaft, Berlin, 1902), which reaches me while I am reading the proofs of these pages, contains numbers of facts in support of the above hypothesis concerning the origin of guilds. The art of building a large communal house, so as not to offend the spirits of the fallen trees; the art of forging metals, so as to conciliate the hostile spirits; the secrets of hunting and of the ceremonies and mask-dances which render it successful; the art of teaching savage arts to boys; the secret ways of warding off the witchcraft of enemies and, consequently, the art of warfare; the making of boats, of nets for fishing, of traps for animals, and of snares for birds, and finally the women’s arts of weaving and dyeing — all these were in olden times as many “artifices” and “crafts,” which required secrecy for being effective. Consequently, they were transmitted from the earliest times, in secret societies, or “mysteries,” to those only who had undergone a painful initiation. H. Schurtz shows now that savage life is honeycombed with secret societies and “clubs” (of warriors, of hunters), which have as ancient an origin as the marriage “classes” in the clans, and contain already all the elements of the future guild: secrecy, independence from the family and sometimes the clan, common worship of special gods, common meals, jurisdiction within the society and brotherhood. The forge and the boat-house are, in fact, usual dependencies of the men’s clubs; and the “long houses” or “palavers” are built by special craftsmen who know how to conjure the spirits of the fallen trees.