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whether the persons compiled in it are most distinctly regarded






as kinsmen; or as servile or semi…servile dependents of the






person who was the source of their kinship。 The confusion;






however; if we may so style it; of kinship with subjection to






patriarchal power is observable also in the larger groups into






which the Family expands。 In some cases the Tribe can hardly be






otherwise described than as the group of men subject to some one






chieftain。 This peculiar blending of ideas is undoubtedly






connected with the extension (a familiar fact to most of us) of






the area of ancient groups of kindred by artifices or fictions。






Just as we find the Family recruited by strangers brought under






the paternal power of its head by adoption; so we find the Tribe;






or Clan; including a number of persons; in theory of kin to it;






yet in fact connected with it only by common dependence on the






Chief。 I do not affect to give any simple explanation of the






subjection of the various assemblages of kindred to forms of






power of which the patriarchal power of the head of the family is






the type。 Doubtless it is partly to be accounted for by






deep…seated instincts。 But Mr Morgan's researches seem to me to






have supplied another partial explanation。 He has found that






among rude and partially nomad communities great numbers of






kindred; whom we should keep apart in mind; and distinguish from






one another in language; are grouped together in great classes






and called by the same general names。 Every man is related to an






extraordinary number of men called his brothers; to an






extraordinary number called his sons; to an extraordinary number






called his uncles。 Mr Morgan explains the fact in his own way;






but he points out the incidental convenience served by this






method of classification and nomenclature。 Though the point may






not at first strike us; kinship is a clumsy basis for communities






of any size; on account of the difficulty which the mind; and






particularly the untutored mind; has in embracing all the persons






bound to any one man by tie of blood; and therefore (which is the






important matter) connected with him by common responsibilities






and rights。 A great extension and considerable relaxation of the






notion of kinship gets over the difficulty among the lower races;






but it may be that; among the higher; Patriarchal Power answers






the same object。 It simplifies the conceptions of kinship and of






conjoint responsibility; first in the Patriarchal Family and






ultimately  in the Clan or Tribe。






    We have next to consider the epoch; reached at some time by






all the portions of mankind destined to civilisation; at which






tribal communities settle down upon a definite space of land。 The






liveliest account which I have read of this process occurs in an






ancient Indian record which has every pretension to authenticity。






In a very interesting volume published by the Government of






Madras; and called 'Papers on Mirasi Right' (Madras; 1862); there






are printed some ancient Memorial Verses; as they are called;






which describe the manner in which the Vellalee; a possibly Aryan






tribe; followed their chief into Tondeimandalam; a region roughly






corresponding with a state once famous in modern Indian history;






Arcot。 There the Vellalee conquered and extirpated; or enslaved;






some more primitive population and took permanent possession of






its territory。 The poetess  for the lines are attributed to a






woman  compares the invasion to the flowing of the juice of the






sugar…cane over a flat surface。 ('Mirasi Papers;' p。 233。) The






juice crystallises; and the crystals are the various






village…communities。 In the middle is one lump of peculiarly fine






sugar; the place where is the temple of the god。 Homely as is the






image; it seems to me in one respect peculiarly felicitous。 It






represents the tribe; though moving in a fused mass of men; as






containing within itself a principle of coalescence which began






to work as soon as the movement was over。 The point is not always






recollected。 Social history is frequently considered as beginning






with the tribal settlement; and as though no principles of union






had been brought by the tribe from an older home。 But we have no






actual knowledge of any aboriginal or autochthonous tribe。






Wherever we have any approximately trustworthy information






concerning the tribes which we discern in the far distance of






history; they have always come from some more ancient seat。 The






Vellalee; in the Indian example; must have been agriculturists






somewhere; since they crystallised at once into






village…communities。






    It has long been assumed that the tribal constitution of






society belonged at first to nomad communities; and that; when






associations of men first settled down upon land; a great change






came over them。 But the manner of transition from nomad to






settled life; and its effects upon custom and idea; have been too






much described; as it seems to me; from mere conjecture of the






probabilities; and the whole process; as I have just observed;






has been conceived as more abrupt than such knowledge as we have






would lead us to believe it to have been。 attention has thus been






drawn off from one assertion on this subject which may be made; I






think; upon trustworthy evidence  that; from the moment when a






tribal community settles down finally upon a definite space of






land; the Land begins to be the basis of society in place of the






Kinship。 The change is extremely gradual; and in some particulars






it has not even now been fully accomplished; but it has been






going on through the whole course of history。 The constitution of






the Family through actual blood…relationship is of course an






observable fact; but; for all groups of men larger than the






Family; the Land on which they live tends to become the bond of






union between them; at the expense of Kinship; ever more and more






vaguely conceived。 We can trace the development of idea both in






the large and now extremely miscellaneous aggregation s of men






combined in States or Political Communities; and also in the






smaller aggregations collected in Village…Communities and Manors;






among whom landed property took its rise。 The barbarian invaders






of the Western Roman Empire; though not uninfluenced by former






settlements in older homes; brought back to Western Europe a mass






of tribal ideas which the Roman dominion had banished from it;






but; from the moment of their final occupation of definite






territories; a transformation of these ideas began。 Some years






ago I pointed out ('Ancient Law;' pp。 103 et seq。) the evidence






furnished by the history of International Law that the notion of






territorial sovereignty; which is the basis of the international






system; and which is inseparably connected with dominion over a






definite area of land; very slowly substituted itself for the






notion of tribal sovereignty。 Clear traces of the change are to






be seen in the official style of kings。 Of our

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