348 PROBLEMS OF HUMAN EVOLUTION 



the term code I do not mean necessarily a very elaborate system 

 of law. Only it must be written, not orally transmitted and 

 after the nature of oral traditions liable to all sorts of accretions, 

 inseparable at last from the original nucleus. When a code is 

 over-elaborated there is, no doubt, danger that it may check pro- 

 gress instead of promoting it. A half-artificial compilation, such 

 as the laws of Manu, only in part representing ancient law as 

 actually administered, doubtless, has more power to strangle 

 than to stimulate progress. The earlier and simpler codes 

 do not fall under this condemnation. The Twelve Tables did 

 not prevent the Romans from advancing : their system of 

 case law was essentially progressive and their code did not 

 interfere with it. When there has been an incrustation of 

 deadening custom, a look backward at a healthier past often 

 suggests the idea of reform, and often, too, helps towards the 

 translation of the idea into reality. Reference to the recorded 

 wisdom of a past age makes clear the morbid tendency that 

 has been at work, and the fact that there is an ancient code 

 to which to appeal strengthens the hands of the reformer. 

 In the cause of reform he appeals to men's conservative 

 instincts. When Magna Charta has once been signed, politi- 

 cal progress becomes comparatively easy for the English people. 

 Not only is it an irreducible minimum : when the king violates 

 it, it is re-enacted with clearer wording and added detail in 

 order to make sure that he may not again play fast and loose 

 with it. In other words there is a fight round a concrete 

 embodiment of the people's rights. It is something definite 

 to fight for. The people defend their charter as a regiment 

 defends its colours, and, in the one case as in the other, 

 defence leads to the acquisition of a great deal. In religious 

 history we see the same truth still more strikingly illustrated. 

 The reformer requires a written code to which to appeal 

 for aid in combating the dead weight of human lethargy and 

 conservatism. Of the Protestant churches it may be said 

 that they constantly refer to the noblest of codes, while the 

 Roman Catholic Church, under whatever grand words it may 

 disguise the fact, resigns itself to the growth of unhealthy 



