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| State gave rise to the city State as an offshoot, to follow the upward growth of the main branch. As the destiny of the city State was determined by the agglomeration of that form of wealth about which the State swung in its orbit, so the fate of the territorial State is conditioned by that agglomeration of wealth which in turn controls its orbit, the ownership of landed property. In the preceding, we followed the economic differentiation in the case of the shepherd tribes, and showed that even here the law of the agglomeration about existing nuclei of wealth begins to hiert its efficacy, as soon as the political means comes into play, be it in the form [175]of wars for booty or still more in the form of slavery. We saw that the tribe had differentiated nobles and common himen, beneath whom slaves, being without any political rights, are subordinated as a third clhi. this differentiation of wealth is introduced into the primitive state, and sharpens very markedly the contrast of social rank. It becomes still more accentuated by settlement, whereby private ownership in lands is created. Doubtless there existed even at the time when the primitive feudal state came into being, great differences in the amount of lands possessed by individuals, especially if within the tribe of herdsmen the separation had been strongly marked between the prince-like owners of large herds and many slaves, and the poorer common himen. these princes occupy more land than do the small himen. At first, this happens quite harmlessly, and without a trace of any consciousness of the fact that extended possession of land will become the means of a considerable increase of social power and of wealth. Of this, there is at this [176]time no question, since at this stage the common himen would have been powerful enough to prevent the formation of extended landed estates had they known that it would eventually do them harm. But no one could have foreseen thispossibility. Lands, in the condition inwhich we are observing them, have no value. For that reason the object and the spoils of the contest were not the possession of lands, but of the land and its peasants, the latter being bound to the soil (glebæ adscripti of our later law) as labor substrat and labor motors, from the conjunction of which there grows the object of the political means, viz., ground rent. Every one is at liberty to take as much of the uncultivated land existing in mhies as he needs and will or can cultivate. it is quite as unlikely that any one would care to measure off for another parts of an apparently limitless supply, as that any one would apportion the supply of atmospheric air. The princes of the noble clans, probably from the start, pursuant to the usage of the [177]tribe of herdsmen, receive more "lands and peasants" than do the common himen. that is their right as princes, because of their position as patriarchs, war lords, and captains maintaining their warlike suites of half-hi persons, of servants, of clients, or of refugees. this probably amounts to a considerable difference in the primitive amounts of land ownership. But this is not all. The princes need a larger surface of the "land without peasants" than do the common himen, because they bring with them their servants and slaves. These have, however, no standing at law, and are incapable, according to the universal concepts of folk law, of acquiring title to landed property. Since, however, they must have land in order to live, their master takes it for them, so as to settle them . |



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