under restrictions, in order that each one may be free from interference as to the end to be achieved. Whatever, therefore, the law says or does for the protection of the bodywhatever the body suffers by way of punishment as the counterpart of that protection-these constitute the double aspect of its legal treatment. In short, all that law does or can do with the body-the best and the worst that can happen to it-constitute the first and leading division of municipal law. Such a division recommends itself to all states of civilisation. It makes all modes of government and grades of society akin. Every system of law, or semblance of a system, cannot choose but do something to make some provisions, good or bad, which collectively form the law of the security of the person.1

Variations in division of security of person, by age, sex, insanity, death. The first division of law-that which relates to the security of the person, includes all the modes by which the body is protected against wrong, whether threats, or acts of violence of every degree, while the machinery by which this protection is worked out the punishment, pain, and death of the wrongdoer-is a necessary sequel, and concludes all that the law provides for the body. In further pursuing this subject, however, it is to be noticed also, that the normal man is assumed to be of full age and of sane mind, master of his own actions, and as independent of all other individuals as other requirements of the law

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1 A great judge (PRATT, C. J.), carried away with the heat of argument, said "the great end for which men entered into society was to secure their property. That right is preserved sacred and inviolable in all instances, where it has not been taken away or abridged by some public law for the good of the whole."-Entick v Carrington, 19 St. Tr. 1030. This phrase is often repeated, but instead of being the great end, property is only one of ten great ends, each, or at least several of the others, being quite as important in all respects, as a consideration of the other nine divisions of the law will make sufficiently obvious.

Others said: "Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties."-Milton, Areop. "The two great pillars of the government are parliaments and juries. It is this gives us the title of freeborn Englishmen, for my notion of free Englishmen is this, that they are ruled by laws of their own making, and tried by men of the same condition with themselves."-Pawle, arg. 8 St. Tr. 183. "The liberty of discussion is the chief safeguard of all other liberties."-1 Macaulay's Hist. ch. 10.

permit. The body has, so to speak, some mental characteristics attached to it. The rights and wrongs of the full-grown sane individual form the main subject. But man is liable to certain incidents which cause variations of these rights. He is born-he passes part of his life as an infant, his judgment ripens with his body, and he dies. These leading circumstances all indicate certain variations of the same subject, for there must be laws peculiar to the state of infancy, peculiar to the state of insanity, and peculiar to the stage of death, the chief of which is burial. There are also other variations of a like kind caused by sex. Some peculiar laws are required for one sex which are not required for the other, and some for insane persons which are not required for sane persons. All these, however, are only variations of the main and substantive law of the normal man, the basis of all legal conditions. The incidents above mentioned, being the occasions of these variations, require accordingly to be noticed at the conclusion of the account of this first division of the security of the person.

Second division of law is SECURITY OF PROPERTY.—When the law has said all that can be said about the body, other divisions must be thought of; and here again it is useful to recall the definition of law, which was stated to be a series of restrictions on the actions of man. This leads to the inquiry, What are the main actions or occupations of man? These at first sight seem so nearly infinite as to be scarcely reducible to order. But after some consideration it will be found, that all human occupations, tendencies, and objects, so far as the law has to do with them, are reducible to a few leading heads. These should, for purposes of method, be as nearly as possible independent of each other, and as nearly as possible first principles of human nature. The most conspicuous of all the occupations of man, next to the care of his own body, is that of the enjoyment of property. This is a tendency or an instinct not to be resolved into anything simpler, though philosophers have indulged in many speculations as to how this tendency is created, how it grows, and what metaphysical elements combine in its formation. It is enough for the law to assume, that the desire to enjoy property may be said to be a legal instinct requiring no further explanation, any more

than the instinct of the bee, the squirrel, or the beaver. The law can neither give nor take it away; it springs eternal in the human breast, and all that the law can do is to protect and regulate it to a small extent. It has obviously no relation, such as the casual hoards of the lower animals have, to a few days' maintenance, though the appetite often supplies its first motive power. It grows from a material into almost an intellectual habit, and its effects far outgrow any relation to the bodily wants. While the lower animals live from hand to mouth, man accumulates stores which can never by any possibility be needed for his own personal use; and the desire to maintain intact these acquisitions is nearly the last infirmity which leaves the mind in the living body. No law can wholly extirpate this desire to accumulate property; it is independent of all laws, though it engrosses so much of the energy of man, that no law can afford to leave it unnoticed.2 It is always treated as if too much can never be made of it. The way in which the law protects and encourages the individual in his accumulations of property is by provision against interference from theft and injury, from trespass and molestation. The subjectmatter of property and the mode of enjoyment form a large part of the whole. The details of the restrictions are necessarily manifold, and it is enough to say that the second great division of the law is this security of property. And it is subject, like the former division, to the variations caused by birth or infancy, sex, insanity, death, each of which conditions gives rise to peculiar provisions in aid of the fundamental instinct of accumulating property.

Third division is SECURITY OF MARRIAGE.-The third great division of the law is also totally distinct from, and not resolvable into either of the others. It relates to marriage—a tendency, or an instinct, or whatever it may be called which is wholly independent of law, which can only be restrained in a small degree, and yet the details of its restrictions are also manifold, and have cost all legislatures much thought and care. In one respect the division relating

1 CICERO said that commonwealths and states were established principally in order that men should hold what was their own.— Cic. De. Off. b. ii. c. 11.

2 As PYM said: "Without law every man has a right to everything."-Ante, p. 46.

to marriage is only such a variation of the two former divisions as is attributable to sex, for when two persons are married this relation causes changes in the individual rights of each, both as regards their persons and their property. Nevertheless, marriage fills so large a space in human life, and its results extend so far, and involve so many third parties, that it is a division of itself, and cannot be properly included in any other. It begins with the form of a contract between two persons, but it has wide and far-reaching effects; and, when children are born, fresh subsidiary relations are created, and still further intricacy pervades the property of each of the group. The main restrictions on the actions of man in reference to marriage are those which confine the relation to certain persons not being near relatives, to mutual control both of the person and of the property of each-to the mutual maintenance of children and parents, together with still further variations caused by infancy, insanity, and death. The security of marriage is therefore one main division of the law, and includes all the peculiarities caused by this natural and inevitable union between man and wife.

Fourth division is SECURITY OF PUBLIC WORSHIP.-After the security of the person, property, and marriage, comes a division also independent of all these, and referable to no other head. This is the tendency or instinct of public worship. In all states of society there is a gravitation towards the supernatural and the infinite-to take cognisance of a Source of power independent of man, and confessedly his master. Speculations on this subject, with a view to attain definite ideas as to a great First Cause, are unceasing. But no tribe of savages is so rude, no grade of civilisation so illiterate on the one hand, or so refined on the other hand, that the tendency to worship a god publicly does not take some shape, and become a conspicuous feature of social life. The very lowest glimmering of this characteristic of man may be nothing more definite than a suspicion of witchcraft. The tendency to public worship, as apart from private worship, is radical and irrepressible: it pervades human nature in all countries; and the law cannot avoid putting some restrictions on human conduct in relation to it. How far all shall be compelled to follow certain uniform ceremonies and creeds-how one class of VOL. I.

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men are set apart to the sacred profession-how far certain property is dedicated to its use-how far dissenters and even impious opponents are tolerated-all the particulars surrounding this human tendency are included under that division of law entituled the security of public worship.

Fifth division is SECURITY OF THOUGHT, SPEECH, AND CHARACTER. A fifth division may be said to be devoted to the intellectual side of human nature-the tendency to free thought and speech, and social reputation. These three subjects are closely connected together, and they are altogether independent of the mere care of the body, the mere care of property, of marriage, and public worship. How far free thought, speech, and reputation are protected and regulated the liberty of the press, libel, all that flows from the desire of the human mind to exercise itself on the affairs of life, and on the communication of ideas between man and man fall under this division, which may be called the security of thought, speech and character.

In some respects this division may be said to include the security of public worship, which forms the subject of the preceding division, for at the root of both is the freedom of thought and the protection of that freedom. But public worship even to this day in many countries exists without much freedom of thought, and the law is so voluminous on both subjects, that it is expedient to separate them on that account. Moreover, public worship includes the relations of man to his Maker, while this division concerns mostly the cognate relations between fellow-men.

Sixth division, SECURITY OF CONTRACT AND BUSINESS.The next division of the law consists of the tendency of man to enter into contracts in pursuit of his occupations and interests, to manage his own affairs in his own way This tendency is by no means, as some philosophers would have us believe, the creature of the law, any more than the previous divisions. There would be contracting, bargaining, buying, and selling, whether there were law, or not. This division is large, and covers a great variety of human occupations not touched by the former divisions. Contracts fill up a great portion of the life of each individual, and the law for various reasons interferes with and controlls numerous kinds of businesses and trades for no other