Page:Law and Authority (1886).djvu/15

 Law, in its quality of guarantee of the results of pillage, slavery and exploitation, has followed the same phases [sic] of development as capital; twin brother and sister, they have advanced hand in hand, sustaining one another with the suffering of mankind. In every country in Europe their history is approximately the same. It has differed only in detail; the main facts are alike; and to glance at the development of law in France or Germany is to know its essential traits, its phases of development, in most of the European nations.

In the first instance, law was a national part or contract. Such a contract was agreed upon between legions and people at the Champs de Mars, a relic of the same period is preserved even yet in the Field of May of the primitive Swiss cantons, despite the alterations effected by the interference of centralising and middle-class civilization. It is true that this contract was not always freely accepted. Even in those early days the rich and strong were imposing their will upon the rest. But at all events, they encountered an obstacle to their encroachments in the mass of the people, who often made them feel their power in return.

But as the Church on one side and the nobles on the other, succeeded in enthralling the people, the right of law-making escaped from the hands of the nation and passed into those of the privileged orders. Fortified by the wealth accumulating in her coffers, the Church extended her authority; she tampered more and more with private life, and, under pretext of saving souls, she seized upon the labour of her serfs, she gathered taxes from every class, she increased her jurisdiction, she multiplied penalties, and enriched herself in proportion to the number of offences committed, for the produce of every fine poured into her coffers. Laws had no longer any connection with the interests of the nation. “They might have been supposed to emanate rather from a council of religious fanatics than from legislators,” observes an historian of French law.

At the same time, as the Baron likewise extended his authority over labourers in the fields and artizans in the towns, he too became legislator and judge. The few relics of national