128 The Evolution of Law. 



ence. Making allowance for the fact that law lags behind 

 morality, we find the law of any period fairly representa- 

 tive of the intelligence, morality and ideals of tlie people. 

 The student finds many illustrations, often quaint and curi- 

 ous, of the varying phases of social and civil relations, 

 and of habit, thought and belief. 



Some of the primitive methods of collecting a debt 

 strike a modern sheriff as at least unique. The first of 

 the Twelve Roman Tables reads, " If you summon a 

 man (debtor) into Court, he must go ; if he refuse, call a 

 witness and arrest him ; if he attempts flight, lay hands 

 upon him." Observe that the plaintiff is allowed to arrest 

 the defendant and bring him into court. The State is not 

 represented by an officer ; the summons is a private act, 

 and th^ duty of the official is only to give judgment. This 

 is a step in advance of the mode of private redress, when 

 the parties fought it out with fists or clubs. If judg- 

 ment went against the defendant he was allowed thirty 

 days in which to satisfy it. If he failed, the plaintiff 

 could arrest him and bring him before the magistrate, who 

 demanded surety. If this was not given, he was adjudged 

 to the plaintiff; was put in chains, and confined in the 

 house of the plaintiff for thirty days. Meanwhile, the 

 amount of his debt was proclaimed on three successive 

 days, in the market-place. If on the third day no surety 

 was obtained, he could be sold into slavery ; or he might 

 be put to death, and his body divided probably ^;ro rata 

 among the creditors. The words of the Twelfth Table 

 are, " On the third market-day let him be cut in pieces : 

 if any one cut too much or too little it will be no crime." 

 Very gruesome this, worse than the old English law of 

 imprisonment for debt; and worse than the experience of 

 the uncomfortable victim of modern supplementary ])ro- 

 ceedings after execution. However, retrospective jtity may 

 be suspended in view of the fact that later criticism gives 

 a milder meaning to the text to this effect : " Let him be 

 sold, and the proceeds be divided ratably among the credi- 

 tors." 



The following is how they collected a debt not long ago, 

 in India. The process was called " sifti7if/ d/iania,'' and is 

 thus described : "It is a fixed principle with tlie Hindoo 

 "that to deprive a Brahmin of life, either by direct violence 

 *'or by causing his death in any mode, is a crime which 



