curious blending of patriarchal society with that of the Gens and the Tribe. For the rest the primitive Patriarchal family, generally speaking, arose from the privilege of primacy of sexual intercourse held 27 by the elder brother of the Gens. This 1s indicated, amongst other things, by the custom known as the Levirate, “the raising up seed to the brother,” mentioned in Genesis and in the Gospels. The last survival of it was the jus primae noctis of medieval customary law, and its accompanying tenure of Borough English. It was along this line that patriarchal property-polygamy developed, and at last the modern monogamous family.
These groups above mentioned, whether People, Tribe, or Gens, were essentially exclusive; within their limits peace and community of property was the rule— without, a state of war was assumed; it was not war that had to be declared, but peace; the market, for instance, was originally held on the neutral zone between two social groups, where they could meet, to exchange commodities.013
The continuous wars which resulted from this condition of things necessarily produced slavery. This slavery was of two kinds more or less distinct from one another. A migratory tribe or people, In conquering a settled population, 28 after the fighting was over, allowed the vanquished to live on a portion of the conquered lands, on the conditions of rendering service to their lords; they were the serfs of their conquerors.
Frequent raids by the gentes or clans on each other produced another kind of slaves: the captives taken in battle ceased to be slain on the field, as soon as the captors found out that they could be used for labour which produced more than their bare subsistence: this was the origin of the Chattel Slave, who was the actual property of the conquering group, as the horses or oxen were.
The head of the kinship society, by virtue of his position as representative of the original ancestor, was the custodian of its wealth, and its leader in