ing modified it to the advantage of the ruling classes. Roman law was only superposed upon customary law.
The sentiment of national unity was developing at the same time, by great free federations of village communes. Based on the possession and very often on the cultivation of the soil in common, sovereign as judge and legislator of customary law, the village community satisfied most needs of the social being. But not all his needs,—there were still others to be satisfied. However, the spirit of the age was not for calling upon a government as soon as a new need was felt. It was, on the contrary, to take the initiative oneself, to unite, to league, to federate, to create an understanding, great or small, numerous or restricted, which would correspond to the new need. And society at that time was literally covered, as by a network, with sworn fraternities, guilds for mutual support, "con-jurations," within and without the village, and in the federation.
We can observe this stage and spirit at work even to-day, among many a barbarian federation having remained outside modern States modelled on the Roman or rather the Byzantine type. Thus, to take an example among many others, the Kabyles have retained their village community with the powers I have just mentioned. But man feels the necessity of action outside the narrow limits of his hamlet. Some like to wander about in quest of adventure, in the capacity of merchants. Some take to a craft, "an art," of some kind. And these merchants and artisans unite in "fraternities," even when they belong to different villages, tribes, and confederations. There must be union for mutual help in distant adventures or mutually to transmit the mysteries of the craft, and they unite. They swear brotherhood, and practice it—not in words only, but in deeds.
Besides, misfortune can overtake anyone. Who knows that to-morrow, perhaps, in a brawl, a man gentle and peaceful as a rule will not exceed the established limits of good behavior and sociability? Very heavy compensation will then have to be paid to the insulted or wounded; the aggressor will have to defend himself before the village council and
