will that causes the unconscious habit; it is the continual effort of the beginning that creates the hoarded energy of the end; it is the silent toil of the first generation that becomes the transmitted aptitude of the next. Here physical causes do not create the moral, but moral create the physical; here the beginning is by the higher energy, the conservation and propagation only by the lower. But we thus perceive how a science of history is possible, as Mr. Buckle said,--a science to teach the laws of tendencies--created by the mind, and transmitted by the body--which act upon and incline the will of man from age to age.
II.
But how do these principles change the philosophy of our politics? I think in many ways; and first, in one particularly. Political economy is the most systematised and most accurate part of political philosophy; and yet, by the help of what has been laid down, I think we may travel back to a sort of 'pre-economic age,' when the very assumptions of political economy did not exist, when its precepts would have been ruinous, and when the very contrary precepts were requisite and wise.
For this purpose I do not need to deal with the dim ages which ethnology just reveals to us--with the stone age, and the flint implements, and the refuse-heaps. The time to which I would go back is only that just before the dawn of history--coeval with the dawn, perhaps, it would be right to say--for the first historians saw such a state of society, though they saw other and more advanced states too: a period of which we have distinct descriptions from eye- witnesses, and of which the traces and consequences abound in the oldest law. 'The effect,' says Sir Henry Maine, the greatest of our living jurists--the only one, perhaps, whose writings are in keeping with our best philosophy--'of the evidence derived from comparative jurisprudence is to establish that view of the primeval condition of the human race which is known as the Patriarchal Theory. There is no doubt, of course, that this theory was originally based on the Scriptural history of the Hebrew patriarchs in Lower Asia; but, as has been explained already, its connection with Scripture rather militated than otherwise against its reception as a complete theory, since the majority of the inquirers who till recently addressed themselves with most earnestness to the colligation of social phenomena, were either influenced by the strongest prejudice against Hebrew antiquities or by the strongest desire to construct their system without the assistance of religious records. Even now there is perhaps a disposition to undervalue these accounts, or rather to decline generalising from them, as forming part of the traditions of a Semitic people. It is to be noted, however, that the legal testimony comes nearly exclusively from the institutions of societies belonging to the Indo-European stock, the Romans, Hindoos, and Sclavonians supplying the greater part of it; and indeed the difficulty, at the present stage of the inquiry, is to know where to stop, to say of what races of men it is NOT allowable to lay down that the society in which they are united was originally organised on the patriarchal model. The chief lineaments of such a society, as collected from the early chapters in Genesis, I need not attempt to depict with any minuteness, both because they are familiar to most of us from our earliest childhood, and because, from the interest once attaching to the controversy which takes its name from the debate between Locke and Filmer, they fill a whole chapter, though not a very profitable one, in English literature. The points which lie on the surface of the history are these:--The eldest male parent--the eldest ascendant--is absolutely supreme in his household. His dominion extends to life and death, and is as unqualified over his children and their houses as over his slaves; indeed the relations of sonship and serfdom appear to differ in little beyond the higher capacity which the child in blood possesses of becoming one day the head of a family himself. The flocks and herds of the children are the flocks and herds of the father, and the possessions of the parent, which he holds in a representative rather than in a proprietary character, are equally divided at his death among his descendants in the first degree, the eldest son sometimes receiving a double share under the name of birthright, but more generally endowed with no hereditary advantage beyond an honorary precedence. A less obvious inference from the Scriptural accounts is that they seem to plant us on the traces of the breach which is first effected in the empire of the parent. The families of Jacob and Esau separate and form two nations; but the families of
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