To sum up—LAW—rigid, definite, concise law—is the primary want of early mankind; that which they need above anything else, that which is requisite before they can gain anything else. But it is their greatest difficulty, as well as their first requisite; the thing most out of their reach, as well as that most beneficial to them if they reach it. In later ages many races have gained much of this discipline quickly, though painfully; a loose set of scattered clans has been often and often forced to substantial settlement by a rigid conqueror; the Romans did half the work for above half Europe. But where could the first ages find Romans or a conqueror? Men conquer by the power of government, and it was exactly government which then was not. The first ascent of civilisation was at a steep gradient, though when now we look down upon it, it seems almost nothing.
III
How the step from polity to no polity was made distinct, history does not record,—on this point Sir Henry Maine has drawn a most interesting conclusion from his peculiar studies:—
'It would be,' he tells us, 'a very simple explanation of the origin of society if we could base a general conclusion on the hint furnished us by the scriptural example already adverted to, and could suppose that communities began to exist wherever a family held together instead of separating at the death of its patriarchal chieftain. In most of the Greek states and in Rome there long remained the vestiges of an ascending series of groups out of which the state was at first constituted. The family, house, and tribe of the Romans may be taken as a type of them, and they are so described to us that we can scarcely help conceiving them as a system of concentric circles which have gradually expanded from the same point. The elementary group is the family, connected by common subjection to the highest male ascendant. The aggregation of families forms the gens, or house. The aggregation of houses makes the tribe. The aggregation of tribes constitutes the commonwealth. Are we at liberty to follow these indications, and to lay down that the commonwealth is a collection of persons united by common descent from the progenitor of an original family? Of this we may at least be certain, that all ancient societies regarded themselves as having proceeded from one original stock, and even laboured under an incapacity for comprehending any reason except this for their holding together in political union. The history of political ideas begins, in fact, with the assumption that kinship in blood is the sole possible ground of community in political functions; nor is there any of those subversions of feeling, which we term emphatically revolutions, so startling and so complete as the change which is accomplished when some other principle—such as that, for instance, of LOCAL CONTIGUITY—establishes itself for the first time as the basis of common political action.'
If this theory were true, the origin of politics would not seem a great change, or, in early days, be really a great change. The primacy of the elder brother, in tribes casually cohesive, would be slight; it would be the beginning of much, but it would be nothing in itself; it would be—to take an illustration from the opposite end of the political series—it would be like the headship of a weak parliamentary leader over adherents who may divide from him in a moment; it was the germ of sovereignty,—it was hardly yet sovereignty itself.
I do not myself believe that the suggestion of Sir Henry Maine—for he does not, it will be seen, offer it as a confident theory—is an adequate account of the true origin of politics. I shall in a subsequent essay show that there are, as it seems to me, abundant evidences of a time still older than that which he speaks of. But the theory of Sir Henry Maine serves my present purpose well. It describes, and truly describes, a kind of life antecedent to our present politics, and the conclusion I have drawn from it will be strengthened, not weakened, when we come to examine and deal with an age yet older, and a social bond far more rudimentary.
But when once polities were began, there is no difficulty in explaining why they lasted. Whatever may be said against the principle of 'natural selection' in other departments, there is no doubt of its predominance in early human history. The strongest killed out the weakest, as they could. And I need not pause to prove that any form of politics more efficient than none; that an aggregate of families owning even a slippery allegiance to a single head, would be sure to have the better of a set of families acknowledging no obedience to anyone, but scattering loose about the world and fighting where they stood. Homer's Cyclops would be powerless against the feeblest band; so far from its being singular that we find no other record of that state of man, so unstable and sure to perish was it that we should rather wonder at even a single vestige lasting down to the age when for picturesqueness it became valuable in poetry.
But, though the origin of polity is dubious, we are upon the terra firma of actual records when we speak of the preservation of polities. Perhaps every young Englishman who comes now-a-days to Aristotle or Plato is struck with their conservatism: fresh from the liberal doctrines of the present age, he wonders at finding in those recognised teachers so much contrary teaching. They both—unlike as they are—hold with Xenophon—so unlike both—that man is the 'hardest of all animals to govern.' Of Plato it might indeed be plausibly said that the adherents of an intuitive philosophy, being 'the tories of speculation,' have commonly been prone to conservatism in government; but Aristotle, the founder of the experience philosophy, ought, according to that doctrine, to have been a liberal, if anyone ever was a liberal. In fact, both of these men lived when men had not 'had time to forget' the difficulties of government. We have forgotten them altogether. We reckon, as the basis of our culture, upon an amount of order, of tacit obedience, of prescriptive governability, which these philosophers hoped to get as a principal result of their culture. We take without thought as a datum, what they hunted as a quaesilum.
In early times the quantity of government is much more important than its quality. What you want is a comprehensive rule binding men together, making them do much the same things, telling them what to expect of each other—fashioning them alike, and keeping them so. What this rule is does not matter so much. A good rule is better than a bad one, but any rule is better than none; while, for reasons which a jurist will appreciate, none can be very good. But to gain that rule, what may be called the impressive elements of a polity are incomparably more important than its useful elements. How to get the obedience of men is the hard problem; what you do with that obedience is less critical.
To gain that obedience, the primary condition is the identity—not the union, but the sameness—of what we now call Church and State. Dr. Arnold, fresh from the study of Greek thought and Roman history, used to preach that this identity was the great cure for the misguided modern world. But he spoke to ears filled with other sounds and minds filled with other thoughts, and they hardly knew his meaning, much less heeded it. But though the teaching was wrong for the modern age to which it was applied, it was excellent for the old world from which it was learnt. What is there requisite is a single government—call it Church or State, as you like—regulating the whole of human life. No division of power is then endurable without danger—probably without destruction; the priest must not teach one thing and the king another; king must be priest, and prophet king: the two must say the same, because they are the same. The idea of difference between spiritual penalties and legal penalties must never be awakened. Indeed, early Greek thought or early Roman thought would never have comprehended it. There was a kind of rough public opinion and there were rough, very rough, hands which acted on it. We now talk of political penalties and ecclesiastical prohibition, and the social censure, but they were all one then. Nothing is very like those old communities now, but perhaps a 'trade's union' is as near as most things; to work cheap is thought to be a 'wicked' thing, and so some Broadhead puts it down.
The object of such organisations is to create what may be called a cake of custom. All the actions of life are to be submitted to a single rule for a single object; that gradually created the 'hereditary drill' which science teaches to be essential, and which the early instinct of men saw to be essential too. That this regime forbids free thought is not an evil; or rather, though an evil, it is the necessary basis for the greatest