Page:Popular Science Monthly Volume 40.djvu/99

Rh and the law against theft was among the first formulated codes: "Thou shalt not steal." Before such institutions as police courts were evolved, the only tribunal for adjusting personal difficulties was to fight it out; and the stronger combatant, other things being equal, was proved in the right because he vanquished his foe. But, as societies or community of interests began to be formed, it was found better to have boards of arbitration to settle disputes, and, as is shown in the controversy over the ownership of a certain herd of cattle in biblical times, the method of settling intricate problems partook largely of the plan of tossing up of pennies, yet it indicates that progress was being made over the fighting era. "Thou shalt not kill," especially a fellow-tribesman, was an early section of the moral code.

The custom of mating which obtains among many species of birds and some quadrupeds, and which, as man advanced in civilization, resulted in the establishment of the marriage relation, led to the edict against adultery. As tribes increased in numbers, it was found necessary for purposes of offensive and defensive warfare that some sort of organization should be observed, and this implied a division of labor and function. Political organization implied that some one or more of each tribe be designated to direct the operations of the rest, and the greatest warrior was naturally selected as the first chief; and the first chief used his power and position to install his sons as his successors, and thus were the first royal families evolved and succession to rulership established. National or tribal lines of jurisdiction followed the introduction of agricultural and breeding pursuits, and states and national boundaries were surveyed or designated. Territorial limits being established, tribunals or international bodies were necessary to regulate conflicting interests. The first resort was the war-club, and the enslavement of the vanquished. This method of arbitration has not yet been fully eliminated, but progress is being made in that direction, and international tribunals for arbitration now endeavor to supersede the sword.

Thus were governments evolved and written constitutions and statutes enacted, and codes of laws with penalties for restraining the criminal classes from violating the rules experience has found to be essential to good government and good society. None of these primary laws have been created by the makers of religions, but all such have found these in force wherever man has reached a sufficient degree of civilization to receive a religion.

This is why in all the various systems of religion we find the same essential basal moral laws inculcated. One has not copied from another, as is sometimes asserted. The fact that the same moral laws are found in two or more systems of religion does not indicate that the younger has copied the older, but that both