Page:The Green Bag (1889–1914), Volume 04.pdf/421

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392
The Green Bag.

origin in the popular legal consciousness; but when we consider it as a part of human moral nature, we must not forget that its development does not proceed only in a slow, natural growth, but also by deep and incisive changes. Often enough the evolu tion of a legal system has been changed by violent convulsions. In these convulsions the organized effort of the community has taken a prominent part. We know too little of the Anglo-Saxon guilds to justify conclusions as to their last ing effect on the administration of the law. We recognize in them the unions of families, or persons occupying a similar sphere in life. They were independent of the public gov ernment of the community; they served the purposes of affording their members a pro tection which the impotent administration could not give; they supplemented the administration of the law. In this they

usurped the power of the %e, suc^ unions bepossessed of a two-edged'ure dangerous to often liable to be wielded in 'See the Capituoppression and lawlessness. ' capitulary of they did a great deal of good the Edict of lishment of social order, and le latter edict organizations, they upheld a ceiwinS vice of standard and generally promoted'ok Pa^ in industry and good fellowship; but saw itself ger to which the general welfare of on thempie and the safety of the State were t Nantes by the independent and irresponsible ^entury. of autonomous societies cannot be pisnoP rated. The Norman invaders of Eng!nions recognized this feature of the guilds, clildsthey suppressed the Anglo-Saxon assoc are tions, — without, however, succeeding in ei^fectually destroying the associative elemen'P in the people. In the Domesday-book we e find mention made of only two guilds, and these had ceased to exist.