the liti or lati of later times, consisted not only of manumitted slaves but also of whole communities which had forfeited their liberty through unsuccessful warfare or other causes. In addition to these classes there was also a considerable population of slaves, who had no legal status or wergeld and were regarded as the property of their masters. In general, however, their lot seems to have struck the Romans as favourable, since they were not attached to their masters' households but lived in homes of their own, subject to fixed payments in corn, live stock and clothing.
Groups of family and kindred occupy a prominent position in the accounts of Teutonic society given by Caesar and Tacitus. It was regarded as a universal duty to afford protection to one's kinsmen, to assist them in the redress of wrongs and to exact vengeance or compensation in case of death. Hence to have a numerous kindred was a guarantee of security and influence. The large amounts fixed for the wergelds of nobles and even of freemen were paid no doubt, as in later times, not only by the slayer himself, but by every member of his kindred in proportion to the nearness or remoteness of his relationship; and in like manner they were distributed among the kindred of the slain. The importance of the kindred, however, was not limited to purposes of mutual protection. It appears also in the tenure of land, and according to Tacitus the tribal armies were drawn up by kindreds. As to the nature of these organizations the evidence is not altogether consistent. It is clear that agnatic succession prevailed among the princely families of the Cherusci, and the general account given in the Germania seems to imply that this type of organization was normal. On the other hand there are distinct traces of cognation not only in Tacitus's works but also in Northern traditions and more especially in the Salic law. On the whole it seems not unlikely that at the beginning of the Christian era the Teutonic peoples of the continent were in a state of transition from cognatic to agnatic organization.
All the usual forms of marriage were known, including marriage by capture and marriage by purchase. The latter appears most prominently in Kent and among the Old Saxons, Langobardi and Burgundians. In other nations, e.g. the Franks, we find the payment of a very small sum, which is often regarded as symbolic and as a relic of real purchase. Yet this explanation is open to question owing to the very early date at which the regulation appears, and to the fact that in the case of widows the sum specified had to be paid to relatives of the widow herself on the female side, and by preference to those of a younger generation. Again, Tacitus states that the presents of arms and oxen given by the bridegroom at marriage were made to the bride herself and not to her guardian, and such appears to have been the case in the North also from early times. It is not certain, therefore, that marriage by purchase was a universal and primitive Teutonic custom. Of the actual ceremonies practised at marriage not very much is known. It was preceded, however, by a formal betrothal and accompanied by a feast. Moreover, even among those peoples with whom purchase prevailed it was customary for the bridegroom to present the bride with a " morning-gift," which in the case of queens and princesses often took the form of considerable estates. There is no doubt that the marriages of heathen times were often of a kind which could not be permitted after the adoption of Christianity. Among these may be mentioned marriages with brothers' widows and stepmothers, the latter especially in England. Polygamy was known, but limited, both in early and late times, to persons of exceptionally high position, while of polyandry there is hardly any trace. Indeed, the sanctity attached to marriage seems to have struck the Romans as remarkable. On the other hand strife between persons connected by marriage appears to have been of extremely frequent occurrence, and no motive plays a more prominent part in Teutonic traditions.
4. State of Civilization. - It is a much disputed question whether the Teutonic peoples were really settled agricultural communities at the time when they first came into contact with the Romans, shortly before the beginning of our era. That agriculture of some kind was practised is clear enough from Caesar's account, and Strabo's statement to the contrary must be attributed to ignorance or exaggeration. But Caesar himself seems to have regarded the Germani as essentially pastoral peoples and their agriculture as of quite secondary importance, while from Tacitus we gather that even in his time it was of a somewhat primitive character. For not only was the husbandry co-operative, as in much later times, but apparently the ploughlands were changed from year to year without any recognition of a two-course or three-course system. Caesar, moreover, says that the clans or kindreds to whom the lands were allotted changed their abodes also from year to year - a statement which gives a certain amount of colour to Strabo's description of the Germani as quasi-nomadic. Yet there is good reason for believing that this representation of early Teutonic life was by no means universally true. We have evidence, both archaeological and linguistic, that the cultivation of cereals in Teutonic lands goes back to a very remote period, while the antiquity even of the ox-plough is attested by the rock-carvings at Tegneby in Bohuslan (Sweden), which are believed to date from early in the bronze age. Further, that the tribes were not normally of a migratory character, as Strabo seems to imply, is shown by the existence of sanctuaries of immemorial age and by frontier ramparts such as that raised by the Angrivarii against the Cherusci. It would seem that Julius Caesar encountered the Germani under somewhat abnormal conditions. Several of the tribes with which he came into collision had been expelled from their own territories by other tribes, and we are expressly told that Ariovistus's troops had not entered a house for fourteen years. Further, there is satisfactory evidence that the basin of the Rhine, perhaps also a considerable area beyond, had been conquered from Celtic peoples not very long before - from which it is probable that western Germany was still in a more or less unsettled condition. Indeed Caesar himself seems to have regarded the prevalence of the military spirit as the chief hindrance to the development of agriculture. From this time onwards it was from the west mainly that Roman civilization made its way into Germany; but in earlier ages, as we have already noticed, there are more abundant traces of civilization in the basin of the Elbe than in the districts farther to the west. Hence it is not so surprising as might at first sight appear that the remote Aestii, a non-Teutonic people settled about the mouth of the Vistula, are represented by Tacitus as keener agriculturists than any of the other inhabitants of Germany.
All ancient writers emphasize the essentially warlike character of the Germani. Yet Tacitus seems to represent their military equipment as being of a somewhat primitive type. Swords, helmets and coats of mail, he says, were seldom to be seen; in general they were armed only with huge shields, unwieldy spears and darts. Here again he appears to be thinking of the western tribes; for elsewhere he states that some of the eastern peoples were armed with short swords and round shields - which probably were of comparatively small size, like those used in later times. This latter type of equipment prevailed also in the North, as may be seen, e.g. from the figures of warriors on the inscribed golden horn found at Gallehus (Jutland) in 1734. The favourite method of attack was by a wedge formation (known later in the North as svinfylking), the point being formed by a chosen band of young warriors. Certain tribes, such as the Tencteri, were famous for their horsemen, but the Germani in general preferred to fight on foot. Sometimes also we hear of specially trained forces in which the two arms were combined. Naval warfare is seldom mentioned. The art of sailing seems to have been unknown, and it is probable that down to the 3rd century the only peoples which could truly be described as seafaring were those of the Baltic and the Cattegat.
There is no doubt that Roman influence brought about a considerable advance in civilization during the early centuries of our era. The cultivation of vegetables and fruit trees seems to have been practically unknown before this period, and almost
