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The comparative study of institutions leads to results in harmony with this view, showing us the mark-community of our Teutonic ancestors with the clear traces of its origin in the more primitive clan; though, with Mr. Kemble, I do not doubt that by the time of Tacitus the German tribes had long since reached the agricultural stage.
In all essential respects this village assembly or mark-mote would seem to have resembled the town-meetings of New England. Such was the mark-community of the ancient Teutons, as we gather partly from hints afforded by Tacitus and partly from the comparative study of English, German, and Scandinavian institutions.
When by the development of agricultural pursuits the nomadic mode of life is brought to an end, when the clan remains stationary upon some piece of territory surrounded by a strip of forest-land, or other boundaries natural or artificial, then the clan becomes a mark-community.
In carrying out such divisions and redivisions, as well as in all matters relating to village, ploughed field, or pasture, the mark-community was a law unto itself. Though individual freedom was by no means considerable, the legal existence of the individual being almost entirely merged in that of his clan, the mark-community was a completely self-governing body.
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