Page:The State Its Historic Role.djvu/9

 war was often the result. It is true that then already men tried to mitigate the effect of these shocks. Already then, as has so well been demonstrated by Maine, Post, Nys, the tribes agreed upon and respected certain rules and limitations of war which contained the germs of what was to become international law later on. For example, a village was not to be attacked without giving warning to the inhabitants. Never would anyone have dared to kill on a path trodden by women going to the well. And, to come to terms, the balance of the men killed on sides had to be paid.

However, from that time forward, a general law overruled all others:—"Your people have killed or wounded one of ours, therefore we have the right to kill one of yours, or to inflict an absolutely similar wound on οne of yours"—never mind which, as it is always the tribe that is responsible for every act of its members. The well-known biblical verses, "Blood for blood, an eye for an eye, a tooth for a tooth, a wound for a wound, a life for a life,"—but no more!—thence derive their origin, as was so well remarked by Koenigswarter. It was their conception of justice, and we have not much reason to boast; as the principle of "a life for a life" which prevails in our codes is but one of its numerous survivals.

As you see, a whole series of institutions, and many others which I must pass over in silence—a whole code of tribal morals was already elaborated during this primitive stage. And to maintain this kernel of social customs in force, habit, custom, tradition sufficed. There was no authority to impose it.

Primitive individuals had, no doubt, temporary leaders. The sorcerer, the rain-maker—the scientist of that epoch—sought to profit by what they knew, or thought they knew about nature, to rule over their fellow men. Likewise, he who could best remember proverbs and songs, in which tradition was embodied, became powerful. And, since then, these "educated" men endeavoured to secure their rulership by only transmitting their knowledge to the elect. All religions, and even all arts and crafts, have begun, you know, by "mysteries."

Also the brave, the bold, and the cunning man became the temporary leader during conflicts with other tribes, or during migrations. But an alliance between the "law" bearer, the military chief and the witch-doctor did not exist, and there can be no more question of a State with these tribes than there is in a society of bees or ants, or among our contemporaries the Patagonians or the Esquimaux.

This stage, however, lasted thousands upon thousands of years, and the barbarians who invaded the Roman empire had just passed through it. In fact, they had hardly emerged from it.