Mutual Aid

thus became the source of their subsequent subjection to the military chieftains. It is evident that the very mode of life of the armed brotherhoods offered them more facilities for enrichment than the tillers of the soil could find in their agricultural communities. Even now we see that armed men occasionally come together to shoot down Matabeles and to rob them of their droves of cattle, though the Matabeles only want peace and are ready to buy it at a high price. The scholae of old certainly were not more scrupulous than the scholae of our own time. Droves of cattle, iron (which was extremely costly at that time158), and slaves were appropriated in this way; and although most acquisitions were wasted on the spot in those glorious feasts of which epic poetry has so much to say⁠—still some part of the robbed riches was used for further enrichment. There was plenty of waste land, and no lack of men ready to till it, if only they could obtain the necessary cattle and implements. Whole villages, ruined by murrains, pests, fires, or raids of new immigrants, were often abandoned by their inhabitants, who went anywhere in search of new abodes. They still do so in Russia in similar circumstances. And if one of the hirdmen of the armed brotherhoods offered the peasants some cattle for a fresh start, some iron to make a plough, if not the plough itself, his protection from further raids, and a number of years free from all obligations, before they should begin to repay the contracted debt, they settled upon the land. And when, after a hard fight with bad crops, inundations and pestilences, those pioneers began to repay their debts, they fell into servile obligations towards the protector of the territory. Wealth undoubtedly did accumulate in this way, and power always follows wealth.159 And yet, the more we penetrate into the life of those times, the sixth and seventh centuries of our era, the more we see that another element, besides wealth and military force, was required to constitute the authority of the few. It was an element of law and right, a desire of the masses to maintain peace, and to establish what they considered to be justice, which gave to the chieftains of the scholae⁠—kings, dukes, knyazes, and the like⁠—the force they acquired two or three hundred years later. That same idea of justice, conceived as an adequate revenge for the wrong done, which had grown in the tribal stage, now passed as a red thread through the history of subsequent institutions, and, much more even than military or economic causes, it became the basis upon which the authority of the kings and the feudal lords was founded.

In fact, one of the chief preoccupations of the barbarian village community always was, as it still is with our barbarian contemporaries, to put a speedy end to the feuds which arose from the then current conception of justice. When a quarrel took place, the community at once interfered, and after the folkmote had heard the case, it settled the amount of composition (wergeld) to be paid to the wronged person, or to his family, as well as the fred, or fine for breach of peace, which had to be paid to the community. Interior quarrels were easily appeased in this way. But when feuds broke out between two different tribes, or two confederations of tribes, notwithstanding all measures taken to prevent them,160 the difficulty was to find an arbiter or sentence-finder whose decision should be accepted by both parties alike, both for his impartiality and for his knowledge of the oldest law. The difficulty was the greater as the customary laws of different tribes and confederations were at variance as to the compensation due in different cases. It therefore became habitual to take the sentence-finder from among such families, or such tribes, as were reputed for keeping the law of old in its purity; of being versed in the songs, triads, sagas, etc., by means of which law was perpetuated in memory; and to retain law in this way became a sort of art, a “mystery,” carefully transmitted in certain families from generation to generation. Thus in Iceland, and in other Scandinavian lands, at every Allthing, or national folkmote, a lövsögmathr used to recite the whole law from memory for the enlightening of the assembly; and in Ireland there was, as is known, a special class of men reputed for the knowledge of the old traditions, and therefore enjoying a great authority as judges.161 Again, when we are told by the Russian annals that some stems of Northwest Russia, moved by the growing disorder which resulted from “clans rising against clans,” appealed to Norman varingiar to be their judges and commanders of warrior scholae; and when we see the knyazes, or dukes, elected for the next two hundred years always from the same Norman family, we cannot but recognize that the Slavonians trusted to the Normans for a better knowledge of the law which would be equally recognized as good by different Slavonian kins. In this case the possession of runes, used for the transmission of old customs, was a decided advantage in favour of the Normans; but in other cases there are faint indications that the “eldest” branch of the stem, the supposed mother-branch, was appealed to to supply the judges, and its decisions were relied upon as just;162 while at a later epoch we see a distinct tendency towards taking the sentence-finders from the Christian clergy, which, at that time, kept still to the fundamental, now forgotten, principle of Christianity, that retaliation is no act of justice. At that time the Christian clergy opened the churches as places of asylum for those who