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 powkli.] SOCIOLOGY, OR THE SCIENCE OF INSTITUTIONS 501

council considers questions of common action, such as the removal of the village, or a hunting or a fishing enterprise, every- one must have a vote in determining action, for all must take part in the enterprise. The humblest man in the tribe must have liberty to express his judgment and must not be subject to the dictation of other men ; hence liberty is recognized even in primeval society as essential to justice.

The liberty which men claim in tribal society is liberty of personal activity and the denial that such activity can justly be coerced by others. This remains in all stages of society ; but in tribal government it pertains only to the members of the tribe. Alien persons may become slaves, and their liberties are not held sacred — a subject which we will hereafter consider.

When the offices of priest and ruler are consolidated, the ruler becomes not only the judge, but he also becomes the arbi- trary ruler— not as one having authority to execute the judg- ments of a council, but as one having authority to execute his own judgments, for he who can act by divine right and as the vicar of the deity must be obeyed.

Charity. — Still in primeval society men learn the nature of charity and incorporate that principle into the concept of judg- ment. Perhaps the principle of charity has a more lowly origin than in human society. It is fundamental in all animal life where the parent provides for its offspring. On the bisexual organiza- tion of animals it receives an additional impulse in the cooperation of male and female and in the sympathy and assistance which they render each other. The third principle of charity seems to spring up in human society when children render assistance to parents in their old age. In tribal society these three principles of charity are well recognized, and provision is always made in the law of custom which is enforced by the tribal council.

It remained for civilization to add two principles to the con- cept of charity. The first is individually acted upon by tribal men, but seems not to be enforced by legal tribunal : It is the

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