The slave traffic was now very brisk. The Roman prefects, tribunes,

etc., sold the prisoners of war made in the German invasions; while the

Germans, in their turn, when successful, carried away or sold their

booty to the human traffickers from various regions. Thus Aurelian,

who was a military tribune previous to becoming emperor, sold several

hundred Franks, Suevians, etc., probably in the city of Maguncia

(Mayence). Soon the forays became more and more destructive, and for

several centuries invasion succeeded invasion until the impoverishment

and ruin of the people were accomplished. The issue of a long train

of interacting social circumstances was the same in Gaul as in Italy:

senators and oligarchs owned the lands and the cities, and proudly

domineered, while the rest of the population sank into tenants, serfs,

and bondmen, and most of them into chattels. These last had, of course,

nothing to defend against the invaders, who even at times in many ways

alleviated their condition: therefore the invaders were often received

with open arms by the enslaved populations. When the destroyers of the

Roman rule over Gaul finally settled therein, many of the nobles and

rich magnates understood how to ingratiate themselves with their new

masters, and thus shared in their spoils of lands and slaves. By far

the greater number, however, were themselves ruined and enslaved.

In Gaul, as over the whole ancient and Roman world, not the

slaveholders but their slaves survived the general destruction, nay,

finally stepped into the places once occupied by their enslavers and

masters.

XVI.

GERMANS.

AUTHORITIES:

_Tacitus, Codex Legum Antiquorum Barbarorum, Jacob Grimm, Mentzel,

Wirth, Puetter, Zimmerman, etc._

The Germans, in all probability, were the last of the Aryan stock who

immigrated into Europe. History first discovers them finally settled in

central Europe; and for how long a time they had previously roamed in

the primitive forests of these regions it is impossible to conjecture.

With the exception of the left bank of the Rhine, Switzerland, and the

northern slopes of the Tyrolean Alps--which regions, in the course of

centuries were conquered from various Keltic tribes--the Germany proper

of to-day is about the same as when Cæsar met the barbarians on the

Rhine. Then the Germans were rude savages, with but little agriculture;

living on milk, cheese, and flesh; and their condition was in many

respects similar, perhaps even inferior, to that of the Tartars,

Kalmucks, and Bashkirs, who still rove over northern and central Asia.

Neither clanship nor patriarchate existed among the Germans, but the

rule of individual will strengthened by the family ties. Divided into

numerous tribes, the Germans seem to have spent many centuries in

hunting the wild beasts of their primitive forests, and in making war

upon each other. Most probably these almost uninterrupted domestic

wars created and developed aristocracy and slavery, both of which

were firmly established among the Germans when they first appear on

the record of history. Among the European descendants of the Aryas,

the primitive Germans reflect most strikingly the Euphratic story of

Nimrod, "the strong," "the hunter," subduing the feeble and preying

on his person and labor. A bitter hatred between the tribes prevailed

from time immemorial; and consequently feuds and wars were perpetual.

The conquered was compelled to labor for the conqueror; and thus

originated, very probably, bondage and domestic slavery, as well as

the aristocratic contempt which the fighting part of the population

had for the subdued and enslaved laborers of a tribe. When one German

tribe subdued another, the victors either seized on the lands of the

conquered and settled thereon, transforming the former occupants into

bondmen; or, if they did not settle among the subdued, they made them

tributaries, carrying away a certain portion of the population as

slaves. Thus the Germans, in their wild forests, were mainly divided

into two great social elements--the freemen, or nobles, possessed of

all rights, and the bondmen possessed of none. But all, free and slave,

were of kindred race and lineage.

All the German dialects have a specific denomination for the chattel.

_Schalch_, _scalch_, _schalk_, is the word for slave, and _seneschalk_

for the overseer. Afterward, in mediæval times, _seneschalk_ was an

office, dignity, or title.

Besides wars and conquests, there were other sources which fed and

sustained slavery: thus certain crimes were punished with slavery, and

even freemen gambled away their liberty--a custom found among no other

race or nation; a freeman, likewise, could at any time sell himself

into slavery. Any one condemned to compound in money for murder or any

other offence, if he had no money, gave himself as a slave into the

hands of the family or individual whom he had offended, or to the man

who loaned him money to pay the composition. The _schalks_ were more

absolutely in the power of their master than were the Roman slaves

under the empire, or even, if possible, than the chattels of the

American slave states. Although Tacitus says that masters killed their

slaves only when intoxicated or otherwise maddened with passion, the

barbarian codes and other historic evidence show that the _schalks_

were treated with the utmost cruelty, and even subject to be maimed

in various ways. Some historians who hold up the Germans as models of

social and civic virtue, attribute this cruelty to their contact with

the Romans, whose example they followed. But the influence of Roman

polity on Germany began only toward the end of the fourth century;

and many of the northern tribes, as the Saxons, Frisians, etc., did

not come under the influence of Roman, Christian, or any foreign

civilization till about the eighth century. Some of these barbarian

codes were written when the barbarians had settled on the Roman ruins;

then, undoubtedly, they incorporated some Roman ideas, and contained

laws bearing on existing relations; but still they were principally the

embodiment of their own immemorial usages. The Visigothic code, for

instance, was written very soon after they settled in Gaul and Spain,

long before the destruction of the Western empire, and consequently

could not have been seriously influenced by the legal conceptions or

customs of Rome.

Tacitus says that little difference existed between the mode of life of

masters and slaves: _Inter eadem pecora in eadem humo degunt._ At the

time of Diodorus Siculus, youthful male and female _schalks_ served at

the tables of masters, who were always willing to sell them for a jug

of wine.

In this primitive epoch of German historical existence, the pride of

blood and descent seems to have been deeply ingrained in the German

mind; and there was a strong aversion against corrupting the lineage

by intermarriage with a _schalk_ man or woman, even although they

were of the same race and family. Among the Saxons immemorial custom

even punished a _mesalliance_ with death. Thus the very ancestors of

many American slaveholders, now so proud of their Saxon blood, were

considered unworthy of marriage with their masters. But concubinage

with slave women was then common (as it now is in the South), whatever

Tacitus may say concerning German conjugal fidelity. The bastards

of parents one free the other slave, became serfs to the soil. If

a freeman married a slave woman, their children were _schalks_, and

sometimes the father even was reduced to slavery. A free woman marrying

a slave, might be killed by her parents or became a slave of the

king--when the Germans had kings in their new, post-Roman monarchies.

Most of these cruel legal customs, and many others found in the codes,

belong to the heathen epoch, to the period of pure Germanic existence

unadulterated by contact with the corruptions of civilized life. They

prove how deep was the Germanic contempt for the ignoble or unfortunate

among their own brethren; they show also the very ancient appearance of

slavery among them, and its violent and criminal origin, like that of

slavery always and everywhere.

Ancient usages and laws regulating inheritance perpetuate themselves

remarkably among peoples and nations. From their forests the Germans

transplanted the right of primogeniture over Europe. The land was given

to the males, while the daughters received the movables, _mancipia_,

and the schalks--a conclusive evidence that not alone bondage to the

soil, but positive chattelhood, prevailed in the primitive forests of

Germany.

Cities and organized industry had then no existence. Freemen, _i.e._,

masters, had but a few crude wants, and these were supplied by the

work of the schalks in the dwelling or in the _hof_ (court) of the

master. In primitive prehistoric times, as in the time of Tacitus and

afterward, all the male and female household menials, peasants and

workmen, were _schalks_.

Manumissions were common, but depended wholly on the will of the

master. They could be obtained in various ways--might be bought with

labor, produce, money, etc. The manumitted did not, however, enter at

once into full enjoyment of the rights of freeman or master; indeed,

only his descendants of the third generation became fully purified

and capable of entering into the noble class. They then constituted,

probably, the inferior nobility or freemen, who were followers and

companions of the first class; and perhaps from them sprang the free

yeomanry, who originally possessed but small property and a small

number of schalks and serfs.

The fighting-men, or warriors, who subdued and enslaved other tribes,

or transformed into schalks the weaker members of their own tribe,

frequently located some of them on lands or homesteads which they

permitted them to cultivate for their own use, on condition of paying

a rent, generally in kind, and performing various other acts of

servitude. Such was the origin of the German _liti_, who afterward

constituted the common people.

The free, that is originally the _strong_, the _subduer_, was at the

summit of the whole German social structure. He was free because he

was absolute master over the weak, who had no power or strength in

himself or family, and therefore was rightless. The genuine meaning

of the word _frow_ (from which is derived _fri_, _free_, _freedom_,)

is "the right to own" land, _liti_ and _schalks_. From _frow_ comes

the _frowen_ "freemen," "rulers," "masters,"--the caste for which all

others existed. Land and schalks constituted the wealth of _frowen_

or nobleman, and to acquire them the German tribes exerted all their

warlike energies. All the remote Teutonic invasions, as well as those

of the mediæval times, were made principally for the acquisition of

land and slaves. The lands, conquered by the swords of the _frowen_,

were worked by the _schalks_.

The slave traffic existed and was highly developed among the

primitive Germans. It was carried on at the time of Tacitus, and some

investigators maintain that for long centuries it was the only traffic

known among the barbarous Germans; and slavery in its worst form was

in full blast in Germany when her tribes dashed themselves against

the Western empire. The slaves constituted more than half of the

whole Germanic population. Wirth, the most conscientious investigator

of the primitive social condition of the Germanic race, estimates

the proportion of freemen to slaves as one to twenty-four. All of

them--_frowen_, _adelings_, nobles of all degrees, followers, vassals,

_liti_ and _schalks_, lived the same simple, agrestic life. Rude in

mind and of vigorous bodies, in comparatively small numbers they

shattered in pieces the rotting Roman empire.

First the incursions, then the definite invasions and

conquests--Attila's forays from one end of Europe to the other--gave

a vigorous impulse to slavery, both abroad and at home. Abroad,

the invaders enslaved all that they reached--destroying, burning,

devastating, impoverishing the population, and increasing the number

of those forced to seek in chattelhood a remedy against starvation. At

home, immense tracts of land were depopulated and abandoned, and old

and new _frowen_, masters, seized upon them. Of course _schalks_ were

in demand, and were supplied by traffic and kidnapping.

The wars among the Germanic tribes, which were continued more or less

vigorously, and the wars with neighboring populations, increased the

number of slaves thrown upon the market.

The transition of a great part of Europe from the Roman to what may be

called the German world, was so terrible that for several centuries the

most unparalleled destruction, desolation, and slavery constituted the

principal characteristics of the first mediæval epoch.

But Europe, the Christian world, and humanity were not to be submerged

in the foul mire of chattelism. The awful crisis lasted through many

generations, and bloodshed and superhuman suffering were their lot. But

finally, the turning-point of the disease was reached: the disorder

began to yield. Often after such a crisis the malignant symptoms do not

abate at once, nay, they sometimes reappear with renewed force, and a

long period is needed for a complete recovery. So in the evolution of

Europe, overflowed by the German tribes, the most malignant symptoms

of chattelhood continued and reappeared for a long time in their

worst characteristics, before the social body entered the stage of

convalescence.

The bloody throes of the German world redounded to the benefit of the

nobles abroad and at home. _Liti_ and schalks increased, and land

rapidly accumulated in the hands of the few during the first centuries

of the German Christian era. Thus Saxony belonged to twenty, some say

to twelve nobles, who kept thereon half-free vassals, _liti_, and

schalks.

As the oligarchs of Greece and Rome and Gaul, so the German _frowen_,

the powerful, the rich, in all possible ways, _per fas et nefas_,

seized upon the homesteads of the poor; and the impoverished freemen

or _ahrimen_, smaller nobles, and vassals, became _liti_ and schalks.

Analogous conditions produce analogous results in usages as in

institutions and laws; and often that which appears to have been

borrowed by one nation or people from another, is only a domestic

outgrowth germinating from similar circumstances.

When the German lay and clerical founders of the feudal system

possessed more land than they could cultivate, and when the iron hand

of Charlemagne prevented domestic feuds and the supply of slaves from

that source, then they kidnapped right and left, heathen and Christian,

poor freeman or schalk. Some of the feudal barons of the time of

Charlemagne owned as many as twenty thousand _liti_ and schalks.

Karl, Karle (the correct name), or Charlemagne (the more common

one), in one of his numerous edicts or capitularies, prescribes as

follows to those who received lands, baronies, abbeys, etc., as fiefs

or grants: "Et qui nostrum habet beneficium diligentissime prevideat

quantum potest Deo donante, ut nullus ex mancipiis (chattels) ad illum

pertinentes beneficium fame moriatur, quod superest ultra illius

familiæ necessitatem, hoc libere rendat jure prescripto."

Manumissions were promoted, in various ways, by the civil and clerical

authorities. Many free yeomen were created from manumitted slaves, as

well as from poor vassals or followers. But such were soon impoverished

by wars and devastations, and were, from various causes, reduced to the

condition of _liti_ and chattels.

Serfdom and slavery were generally more severe in the northern portion

of Germany, as Saxony, etc., than in the southern; but in both, the

peasantry were crushed, oppressed, and, when it was feasible, enslaved.

When Lothair I., grandson of Charlemagne, revolted against his father,

Louis the Pious, he appealed for help to the oppressed peasantry,

tenants, and chattels.

The centuries of the _faustrecht_--"right of the fist," that is

of the sword, of brute force--soon succeeding all over Germany to

Charlemagne's orderly rule, the strongholds of dynasts, barons,

nobles and robbers, shot out everywhere like mushrooms; and from

them radiated oppressions and exactions of every kind. The ancient

practice of ruining the poor freemen and tenants, then transforming

them into serfs, and then the serfs into chattels, went on as of

old. In proportion as the forests were cleared, however, the baron

found he could not profitably work the extensive estates with schalks

alone, and that it would be more economical to transform these chattels

into serfs, tenants, etc., and establish them on small parcels of his

property. This was the first feeble sign of amelioration. Villages

formed in this way by dynasts, or princes, and by barons, then received

some rudiments of communal, rural organization.

A more powerful engine of emancipation, however, were the cities. In

the course of the tenth century, dynasts, princes and emperors began

everywhere to found cities, endowing them with various franchises and

privileges. The legitimate flow of events, the necessities created

by a settled organic existence which could only be supplied by the

regular movements of industry and commerce, together with the influence

of Gaul, and above all, of Italy, stimulated the German rulers. To

the emperor Henry I., of the house of Saxony, belongs the glory of

having given the first impulse to commerce, and thus the first blow to

chattelhood and serfdom.

The population of the newly-founded cities consisted of inferior people

of all kinds--laborers, operatives, small traders, poor freemen, and

persons manumitted on condition of residing in the cities--the founders

of the cities originally peopling them with their own retainers and

with vagabonds of all kinds. Of course no nobles even of the lowest

kind became burghers, and thus the first municipal patricians were

of very inferior birth. Thus antagonism to barons and feudal nobles

generally formed the very cornerstone of the cities.

Among the privileges granted to the first cities was that a serf,

schalk, or, in a word, any bondman, seeking refuge in the precincts of

a city, became free if not claimed within a year. This respite to the

fugitive soon became a common law all over Germany, even between nobles

in relation to their fugitive serfs; and the hunter of a fugitive

lost caste even among the free masters--_freiherrn_. When a legal

prosecution was attempted, every difficulty, legal and illegal, was

thrown in the way of the claimant--the cities willingly resorting to

arms for the defence of their right of refuge.

The first Crusades emancipated large numbers of persons, as the

taking of the cross was the sign of liberty for serf and for slave.

But in Germany as in France, the great and permanent influence of the

Crusades on emancipation consisted in their strengthening the cities

and impoverishing the nobles, and thus producing a salutary change in

internal economic relations.

The wars of the Germans with their neighbors, and above all with the

Slavonians, Maghyars, etc., in the tenth and eleventh centuries, again

gave vitality to the slave traffic; and war prisoners and captives, not

now of their own kindred, but of foreign birth, were brought to the

markets for sale.

Nevertheless, chattelhood was slowly dying out, and about the twelfth

century but few traces of it remained: prisoners of war began to be

ransomed or exchanged, and villeinage, with various services attached,

altogether superseded domestic slavery.

The villein possessed the rights of family, of village, and partially

of communal organization. But many of the galling characteristics of

chattelhood were transfused into serfdom and villeinage. The nobles

became, if possible, more insolent, exacting and oppressive. But the

villeins and peasants began to feel their power, and to combine and act

in common in the villages, and afterward in the communes.

Partial insurrections followed each other in various parts of

Germany; here against one baron or master, there against another.

Every insurrection, even if suppressed, nevertheless gave an impulse,

though sometimes imperceptible, to amelioration and emancipation.

Insurrections of the down-trodden and oppressed classes are like

feverish efforts of diseased physiology to resist the disorder, to

throw out the virus, and restore the normal condition in the economy

of life. The whole world admires the glorious insurrection of the

Swiss-German peasantry against _their_ insolent masters. Then the

bondmen, villeins, etc., individually or in small bodies, by the axe,

by fire, and in every possible manner, protested their imprescriptible

right to liberty. So also did the celebrated Münzer when the

reformation dawned over Germany and Europe. He firmly believed that

religious reform, to be beneficial to the poor, must go hand in hand

with social ameliorations. The most notable insurrection, however, was

the great uprising of the German peasantry in the sixteenth century.

From the Vosgese mountains, from the Alps to the Baltic, numerous

isolated forces rose in arms, each inspired by the same great idea.

They had no centres, no possibility of a combination of effort, but

all of them recognized the same covenant: 1. The gospel to be preached

in truth, but not in the interest of their masters--nobles and clergy.

2. Not to pay any kind of tithes. 3. The interest or rent from landed

property to be reduced to five per cent. 4. Forests to be communal

property. 5. All waters free. 6. Game free. 7. Serfdom to be abolished.

8. Election of communal authorities by the respective communes. 9.

Lands robbed from the peasantry to be restored to the original owners.

This great war of the peasants was terrible, pitiless, bloody. More

than one thousand strongholds, burghs, and monasteries were destroyed;

but the peasants were finally overpowered, the nobility being aided

by the forces of the empire. Luther, too, thundered against the poor

peasants.[17] But not in vain did they shed their blood. The oppression

by the old _frowen_, strengthened by feudality, was finally broken at

the roots. The imperial German diet declared to the nobles, that if

they did not cease their cruelties, at the next revolt they should be

abandoned to their fate.

Serfdom was not yet abolished, but was moderated in various ways. The

direct and indirect influence of the Reformation on the condition of

the peasantry has been already mentioned. Mild reforms were introduced

in the dominions of various German sovereigns. Certain liberties were

granted to rural communes, and the number of free tenants slowly but

uninterruptedly increased. The conditions of villeinage on private

estates began to be regulated by the respective governments; and

absolute serfdom was slowly dying out. The prosperity of Germany

increased proportionally with the emancipation, though but partial, of

rural labor, and the freedom of the soil. On an average, those regions

were most prosperous which contained the greatest number of emancipated

rural communities, or where the villeinage was reduced, systematized,

and made more and more free from the arbitrary exactions of the master.

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