[202]. There cannot be any doubt respecting England, where the Germanic race are not autochthonous. The organization of the Suevi may be learnt from Caesar (Bell. Gall. iv. 1, 2, 3), and Möser very justly observes that the Swabian law must necessarily have differed from the Saxon. Osnab. Gesch. i. § 7. So, to a certain degree, must the Anglosaxon from both.
[203]. Aristotle’s Politics, book i. cap. 1. Dahlmann, Politik, § 1, 2, 3.
[204]. It is of course extremely difficult to conceive this apart from the existence of a common priesthood; but such a priesthood is already the commencement of a regular state.
[205]. In such a case, power or force being the only term of reference, each household will be determined by that alone in its intercourse with others. If A wants a slave, he will war upon and take B, if he can: but to prevent this, B and C will unite: so that at last a regulated union is found best for all parties, in respect to themselves as a community, and against all other communities.
[206]. Tac. Germ. x. “Si publice consuletur, Sacerdos civitatis, sin privatim, ipse paterfamiliae, precatus Deos....” This seems to indicate, at the commencement, an independent priestly power in the paterfamilias. Compare the remarkable history in Judges, cap. xvii, xviii.
[207]. The only place where I can admit of such solitary settlements is Scandinavia, and even there they must have formed the exception, not the rule. See Chap. II. p. 68.
[208]. “Summa itaque divisio personarum hæc est, quod omnes homines aut liberi sunt aut servi.” Fleta, bk. i. cap. 1. “Est autem libertas, naturalis facultas ejus, quod cuique facere libet, nisi quod de jure aut vi prohibetur.” Ibid. cap. 2.
[209]. See Fleta, bk. i. cap. 5, 6, 7, 9.
[210]. It is probably in this sense that the Hindu Institutes assert, “Then only is a man perfect when he consists of three persons united, his wife, himself, and his son.” Manu, ch. ix. 45.
[211]. The converse is collibertus, qui collum liberavit, culvert, coward.