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er him as a pledge, or he was bound to observe the treaty."[34] For the rest, as Engels shows, the mother-right had already yielded to the father-right among the Germans, at the time of Tacitus. The children inherited from their father; in the absence of these, then the brothers and the uncle of the father on the mother's side. The admission of the mother's brother as an heir, although descent from the father determined the line of inheritance, is explained with the theory that the old right had only recently died away. It was only reminiscences of the old right that furnished the conditions, which enabled Tacitus to find a, to the Romans, incomprehensible regard for the female sex among the Germans. He also found that their courage was pricked to the utmost by the women. The thought that their women might fall into captivity or slavery was the most horrible that the old German could conceive of; it spurred him to utmost resistance. But the women also were animated by the spirit that possessed the men. When Marius refused the captured women of the Teutons to dedicate themselves as priestesses to Vesta (the goddess of maidenly chastity) they committed suicide. In the time of Tacitus, the Germans already acquired settled habitations. Yearly the division of land by lots took place. Besides that, there was common property in the woods, water and pasture grounds. Their lives were yet simple; their wealth principally cattle; their dress consisted of coarse woolen mantles, or skins of animals. Neither women nor chiefs wore under-clothing. The working of metals was in practice only among those tribes located too far away for the introduction of Roman products of industry. Justice was administered in minor affairs by the council of elders; on more important matters, by the assembly of the people. The chiefs were elected, generally out of the same family, but the transition of the father-right favored the heredity of office, and led finally to the establishment of a hereditary nobility, from which later sprang the kingdom. As in Greece and Rome, the German gens went to pieces with the rise of private property and the development of industries and trade, and through the commingling with members of strange tribes and peoples. The place of the gens was taken by the community, the mark, the democratic organization of free peasants, the latter of which, in the course of many centuries, constituted a firm bulwark in the struggles aga
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