7. The few traces of private property in land which are met with in the early barbarian period are found with such stems (the Batavians, the Franks in Gaul) as have been for a time under the influence of Imperial Rome. See Inama-Sternegg's Die Ausbildung der grossen Grundherrschaften in Deutschland, Bd. i. 1878. Also, Besseler, Neubruch nach dem alteren deutschen Recht, pp. 11-12, quoted by Kovalevsky, Modern Custom and Ancient Law, Moscow, 1886, i. 134. 8. Maurer's Markgenossenschaft; Lamprecht's "Wirthschaft und Recht der Franken zur Zeit der Volksrechte," in Histor. Taschenbuch, 1883; Seebohm's The English Village Community, ch. vi, vii, and ix. 9. Letourneau, in Bulletin de la Soc. d'Anthropologie, 1888, vol. xi. p. 476. 10. Walter, Das alte Wallis, p. 323; Dm. Bakradze and N. Khoudadoff in Russian Zapiski of the Caucasian Geogr. Society, xiv. Part I. 11. Bancroft's Native Races; Waitz, Anthropologie, iii. 423; Montrozier, in Bull. Soc. d'Anthropologie, 1870; Post's Studien, etc. 12. A number of works, by Ory, Luro, Laudes, and Sylvestre, on the village community in Annam, proving that it has had there the same forms as in Germany or Russia, is mentioned in a review of these works by Jobbe-Duval, in Nouvelle Revue historique de droit francais et etranger, October and December, 1896. A good study of the village community of Peru, before the establishment of the power of the Incas, has been brought out by Heinrich Cunow (Die Soziale Verfassung des Inka-Reichs, Stuttgart, 1896.) The communal possession of land and communal culture are described in that work. 13. Kovalevsky, Modern Custom and Ancient Law, i. 115. 14. Palfrey, History of New England, ii. 13; quoted in Maine's Village Communities, New York, 1876, p. 201. 15. Konigswarter, Etudes sur le developpement des societes humaines, Paris, 1850. 16. This is, at least, the law of the Kalmucks, whose customary law bears the closest resemblance to the laws of the Teutons, the old Slavonians, etc. 17. The habit is in force still with many African and other tribes. 18. Village Communities, pp. 65-68 and 199. 19. Maurer (Gesch. der Markverfassung, sections 29, 97) is quite decisive upon this subject. He maintains that "All members of the community ... the laic and clerical lords as well, often also the partial co-possessors (Markberechtigte), and even strangers to the Mark, were submitted to its jurisdiction" (p. 312). This conception remained locally in force up to the fifteenth century. 20. Konigswarter, loc. cit. p. 50; J. Thrupp, Historical Law Tracts, London, 1843, p. 106. 21. Konigswarter has shown that the fred originated from an offering which had to be made to appease the ancestors. Later on, it was paid to the community, for the breach of peace; and still later to the judge, or king, or lord, when they had appropriated to themselves the rights of the community.