Produced by Thierry Alberto, Turgut Dincer and the Online Distributed Proofreading Team at https://www.pgdp.net Everyman, I will go with thee, and be thy guide, In thy most need to go by thy side. This is No. 734 of Everyman's Library. A list of authors and their works in this series will be found at the end of this volume. The publishers will be pleased to send freely to all applicants a separate, annotated list of the Library. J. M. DENT & SONS LIMITED 10-13 BEDFORD STREET LONDON W.C.2 E. P. DUTTON & CO. INC. 286-302 FOURTH AVENUE NEW YORK EVERYMAN'S LIBRARY EDITED BY ERNEST RHYS HISTORY ANCIENT LAW BY SIR HENRY JAMES SUMNER MAINE INTRODUCTION BY PROF. J. H. MORGAN SIR HENRY JAMES SUMNER MAINE, the son of a doctor, born 1822 in India. Educated at Christ's Hospital and Pembroke College, Cambridge. In 1847 professor of civil law at Cambridge; 1850, called to the Bar. Member of Indian Council for seven years. Died at Cannes, 1888. ANCIENT LAW [Illustration] SIR HENRY MAINE LONDON: J. M. DENT & SONS LTD. NEW YORK: E. P. DUTTON & CO. INC. _All rights reserved Made in Great Britain at The Temple Press Letchworth and decorated by Eric Ravilious for J. M. Dent & Sons Ltd. Aldine House Bedford St. London First Published in this Edition 1917 Reprinted 1927, 1931, 1936_ INTRODUCTION No one who is interested in the growth of human ideas or the origins of human society can afford to neglect Maine's _Ancient Law_. Published some fifty-six years ago it immediately took rank as a classic, and its epoch-making influence may not unfitly be compared to that exercised by Darwin's _Origin of Species_. The revolution effected by the latter in the study of biology was hardly more remarkable than that effected by Maine's brilliant treatise in the study of early institutions. Well does one of Maine's latest and most learned commentators say of his work that "he did nothing less than create the natural history of law." This is only another way of saying that he demonstrated that our legal conceptions--using that term in its largest sense to include social and political institutions--are as much the product of historical development as biological organisms are the outcome of evolution. This was a new departure, inasmuch as the school of jurists, represented by Bentham and Austin, and of political philosophers, headed by Hobbes, Locke, and their nineteenth-century disciples, had approached the study of law and political society almost entirely from an unhistoric point of view and had substituted dogmatism for historical investigation. They had read history, so far as they troubled to read it at all, "backwards," and had invested early man and early society with conceptions which, as a matter of fact, are themselves historical products. The jurists, for example, had in their analysis of legal sovereignty postulated the commands of