302 THE POPULAR SCIENCE MONTHLY, 



claims are overridden by public claims, and the subject loses that 

 freedom of action which he had in the primitive state. One result is 

 that the system of regimentation pervading the society as well as the 

 army causes detailed regulation of conduct. The dictates of the 

 ruler, sanctified by ascription of them to his divine ancestor, are un- 

 restrained by any conception of individual liberty ; and they specify 

 men's actions to an unlimited extent — down to kinds of food eaten, 

 modes of preparing them, shaping of beards, fringing of dresses, sow- 

 ing of grain, etc. The omnipresent control, which the ancient east- 

 ern nations in general exhibited, was exhibited also in large measure by 

 the Greeks ; and was carried to its greatest pitch in the most militant 

 city, Sparta. Similarly during mediaeval days throughout Europe, 

 characterized by chronic warfare with its appropriate political forms 

 and ideas, there were no recognized bounds to Governmental interfer- 

 ence : agriculture, manufacture, trade, were regulated in detail ; re- 

 ligious beliefs and observances were imposed ; and rulers said by 

 whom only furs might be worn, silver used, books issued, pigeons 

 kept, etc., etc. But along with increase of industrial activities, and 

 implied substitution of the regime of contract for the regime of status, 

 and growth of associated sentiments, there went (until the recent 

 reaction accompanying reversion to militant activity) a decrease of 

 meddling with people's doings. Legislation gradually ceased to regu- 

 late the cropping of fields, or dictate the ratio of cattle to acreage, or 

 specify modes of manufacture and materials to be used, or fix wages 

 and prices, or interfere with dresses and games (except where there 

 was gambling), or put bounties and penalties on imports or exports, 

 or prescribe men's beliefs, religious or political, or prevent them from 

 combining as they pleased, or traveling where they liked. That is 

 to say, throughout a large range of conduct, the right of the citizen to 

 uncontrolled action has been made good against the pretensions of the 

 State to control him. While the ruling agency has increasingly 

 helped him to exclude intruders from that private sphere in which he 

 pursues the objects of life, it has itself retreated from that sphere ; 

 or, in other words — decreased its intrusions. 



Not even yet have we noted all the classes of facts which tell the 

 same story. It is told afresh in the improvements and reforms of law 

 itself, as well as in the admissions and assertions of those who have 

 effected them. " So early as the fifteenth century," says Professor 

 Pollock, "we find a common-law judge declaring that, as in a case 

 unprovided for by known rules, the civilians and canonists devise a 

 new rule according to ' the law of nature, which is the ground of all 

 laws,' the Courts of Westminster can and will do the like."* Again, 

 our system of equity, introduced and developed as it was to make up 

 for the shortcomings of Common-law, or rectify its inequities, proceeded 



* "The Methods of Jurisprudence : an Introductory Lecture at University College, 

 London," October 31, 1882. 



