The origin of the family, private property, and the state · Friedrich Engels
THE GENS AMONG CELTS AND GERMANS.
The German constitution was also in keeping with the upper stage of barbarism. According to Tacitus, the council of chiefs (principes) universally decided matters of minor importance and prepared important matters for the decision of the public meetings. So far as we know anything of the public meeting in the lower stage of barbarism, viz., among the American Indians, it was only held by gentes, not by tribes or leagues of tribes. The chiefs of peace (principes) were still sharply distinguished from the chiefs of war (duces), just as among the Iroquois. The peace chiefs were already living in part on honorary donations of the gentiles, such as cattle, grain, etc. They were generally elected from the same family, analogous to America. The transition to paternal law favored, as in Greece and Rome, the gradual transformation of office by election into hereditary office. A "noble" family was thus gradually raised in each gens. Most of this hereditary nobility came to grief during the migrations or shortly after. The military leaders were elected solely on their merits. They had little power and were obliged to rely on the force of their example. The actual disciplinary power in the army was held by the priests, as Tacitus implicitly states. The public meeting was the real executive. The king or chief of the tribe presided. The people decided. A murmur signified "No," acclamation and clanging of weapons meant "Yes." The public meeting was at the same time a court of justice. Complaints were here brought forth and decided, and death sentences pronounced. Only cowardice, treason and unnatural lust were capital crimes. The gentes and other subdivisions decided in a body under the chairmanship of the chief, who in all original German courts was only the manager of the transactions and questioner. Among Germans, the sentence has ever and everywhere been pronounced by the community.
Leagues of tribes came into existence since Cesar's time. Some of them already had kings. The first chief of war began to covet the usurper's place, as among Greeks and Romans, and sometimes succeeded in obtaining it. Such successful usurpers were by no means absolute rulers. But still they began to break through the bonds of the gens. While freed slaves generally occupied an inferior position, because they could not be members of any gens, they often gained rank, wealth and honors as favorites of the new kings. The same thing took place after the conquest of the Roman empire by those military leaders who had now become kings of great countries. Among the Frankons, slaves and freed slaves of the king played a leading role first at the court, then in the state. A large part of the new nobility were descended from them.
There was one institution that especially favored the rise of royalty: the military following. We have already seen, how among the American redskins private war groups were formed independently of the gens. Among the Germans, these private groups had developed into standing bodies. The military leader who had acquired fame, gathered around his person a host of booty loving young warriors. They were pledged to personal faithfulness by their leader who in return pledged himself to them. He fed them, gave them presents and organized them on hierarchic principles: a body guard and a troop for immediate emergencies and short expeditions, a trained corps of officers for larger enterprises. These followings must have been rather insignificant, in fact we find them so later under Odoaker in Italy, still they portended the decay of the old gentile liberty, and the events during and after the migrations proved that military retainers were heralds of evil. For in the first place, they fostered the growth of royalty. In the second place, Tacitus affirms that they could only be held together by continual warfare and plundering expeditions. Robbery became their life purpose. If the leader found nothing to do in his neighborhood, he marched his troops to other countries, where a prospect of war and booty allured him. The German auxiliaries, many of whom fought under the Roman standard even against Germans, had been largely recruited among such followings. They represent the first germs of the "Landsknecht" profession, the shame and curse of the Germans. After the conquest of the Roman empire, these retainers of kings together with the unfree Roman courtiers formed the other half of the nobility of later days.
In general, then, the German tribes combined into nations had the same constitution that had developed among the Greeks of the heroic era and the Romans at the time of the so-called kings: public meetings, councils of gentile chiefs and military leaders who coveted actual royal power. It was the highest constitution which the gentile order could produce; it was the standard constitution of the higher stage of barbarism. If society passed the limits for which this constitution sufficed, then the end of the gentile order had come. It collapsed and the state took its place.
Ideas discussed in this chapter
Text from Project Gutenberg, public domain in the United States.