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these lands were all sold, or distributed, among the citizens at different times; and the land of Capua, the last, by Cæsar. The res mancipi, and prædia libera, of the Romans in Italy. give as complete an idea as can be conceived of absolute dominion over property:*

SECTION XVII.

State of landed property among the ancient Germans. Points in which it resembled the existing properties of a Hindoo village.

WHEN Julius Cæsar, and, about a century and a half later, Tacitus described the manners and institutions existing among the tribes of Germany, the inhabitants of that extensive country were in a state partly pastoral, and partly agricultural; that is, gradually passing from the wandering condition of shepherds into more fixed and settled habits. Cæsar describes their food, for example, as consisting chiefly of milk, cheese, and flesh of animals, and sparingly of corn. To procure the latter, tribes occupied and cultivated certain spots of land for a season, or more; and then removed to another spot, as their wants, or

Adam's Rom. Ant. p. 59.

wandering habits, prompted. With Roman notions of individual proprietary right, Cæsar and Tacitus could hardly conceive such an occupancy of land to be private or common property; and many later writers, adopting, perhaps, a greater latitude than those authors intended to give to their descriptions, have roundly asserted, that landed property was unknown among the German tribes; and that it had in fact no existence, till sovereigns, or conquerors, were graciously pleased to take to themselves all the lands of the earth, and to bestow them by royal grant, or charter, on their trusty and well-beloved captains.

But a joint, or common, occupancy of land was the only one suited to the semi-pastoral state of the German tribes. In an extensive and fertile country, thinly peopled, each tribe had abundant space for frequent changes of residence; and though the spot occupied was their own for the time, it could, from the nature of the case, be neither a permanent nor hereditary possession. The members of the tribe being all equal, in point of rights, were equally obliged to defend the common interests, or to follow a leader in war. War, indeed, was their constant occupation; and, whilst one portion of the community was employed abroad to rob and plunder, or to con

tend with open enemies, the remainder guarded the flocks, or cultivated the lands of the community; but these occupations being only followed by turns, the warrior of one year, being cultivator the next, and vice versa, it is clear the land could be no man's property in particular. In this simple state of society all property was, in fact, common; and whatever cultivation took place was necessarily for the common benefit.

As civilization advanced, which intercourse with the Romans tended to promote, and population increased, the tribes were necessarily restricted within narrower limits; and finding their advantage, as they became more agricultural, in settling in particular spots, these spots became naturally the fixed and permanent property of the settlers. On these occasions, the custom seems to have been to apportion the lands, as in India, by lot to the different members of the Canton, or Pagus; whilst the whole Pagus may have still preserved its character of a common tenure, maintained and cultivated for the common benefit. This was precisely the case in the Samadayum, Pasung Carei, and Vadiky tenures of the Peninsula of India, and in the Putteedary tenure of Hindostan.*

* Vide supra, p. 241 et seq.

At this time all power was vested in the community itself. The property was their own, free from all acknowledgment of superiority, or condition of service, to a liege lord. The possessors of the largest herds and flocks, brave leaders in battle, or such as had gained numerous adherents, called by Cæsar, Ambacti and Clientes, and by Tacitus, Comites, were the persons of most influence and consequence in the community; and to these, according to Cæsar, were committed the general direction of the affairs of the community, and the decision of disputes and controversies in time of peace; whilst in war, magistrates, or leaders, were elected, armed with absolute powers, even of life and death. In Cæsar's time, it seems, therefore, doubtful whether the Germans acknowleged any regular submission to kingly government. In so large an extent of country as ancient Germany, differences would naturally exist in the state, and condition, of the various tribes. Some might have kings, or princes; whilst others would regulate their own affairs by their chief men, or in general assembly.* Cæsar mentions one king, Ambiorix, king of the Eburones, whose authority

* The tribes bordering on Gaul, and the Rhine, were the most civilized; whilst some of those bordering on Sarmatia, and the Vistula, were in the lowest state of savage life.

was so limited as to be almost ridiculous. "Sua esse ejusmodi imperia, ut non minus "haberet juris in se multitudo quam ipse in "multitudinem." With so much personal freedom, and independence, there are but few traces of civil government to be found. The submission of the people to certain chiefs was voluntary; and their propensities being all for war and plunder, every person was at liberty to avenge his own, or relations', wrongs; whence enmities were hereditary, but not always irreconcilable; since murder was compounded by paying a certain number of cattle.

In these respects there are tribes existing in India not further advanced than the Germans of the age of Cæsar. Such, for example, are the Katties, Coolies, and Beels of Guzerat, and neighbouring districts. These tribes were never thoroughly subdued, or subjected to regular civil authority, by either the Moguls, or the Mahrattas; but lived by themselves, in detached bodies; without a semblance of government beyond, as in Germany, mere voluntary submission to the authority of their chiefs. War, robbery, and plunder, were equally their delight, as their openly avowed profession; and under no legal controul, they were equally free to compen

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