elbows. Our armies are fitter perhaps for aggressive movements. The Germans probably charged tumultuously; but the scyldburh, or _wall of shields_, was hardly less capable of receiving a charge than our own squares. ----- It lies in the very nature of things that this, albeit a natural, cannot be an enduring system. Its principal condition is neighbourhood, the concentration of the family upon one spot: as population increases, and with it emigration, the family bond gradually becomes weaker, and at last perishes as a positive and substantive institution, surviving only fragmentarily in the traces which it leaves upon the latter order that replaces it. War, commerce, cultivation,—the effect and cause of increasing population,—gradually disperse the members of the _sibsceaft_ or cognation, and a time arrives when neighbours are no longer kinsmen. At this point the old organization ceases to be effective, and a new one becomes necessary, unless the ancient principle is to be entirely abandoned. But principles are not easily abandoned in early stages of society; a young nation finds it easier to adopt artificial arrangements founded upon the ancient form: nor is it necessary that the later should have totally superseded its predecessor; it is enough that when the earlier ceases to fulfil its object, the latter should be directed to supply its obvious deficiency, and be united with it, as circumstances best permit. Throughout the earliest legislation of the Teutonic nations, and especially in our own, we find arrangements, based upon two distinct principles, in active operation. The responsibility of the family lies ever in the background, the ultimate resort of the state against the individual, of the individual against the state. But we also find small bodies of men existing as corporations, founded upon number and neighbourhood, and thus making up the public units in the state itself. From the first, we find the inhabitants of the Mark classed in tens and hundreds (technically in England, Tithings and Hundreds) each probably comprising respectively a corresponding number of members, together with the necessary officers, viz. a tithing-man for each tithing, and a hundred-man for the hundred, thus making one hundred and eleven men, or Heads of houses in the territorial hundred[447]. The Frankish law names the officers thus alluded to: in it the tithing-man is _Decanus_, the hundred-man _Centenarius_[448]. The Anglosaxon law does not indeed mention its divisions by these names till a comparatively late period, when their significations had become in some respects altered; but it seems probable that it does imply them under the term Gegyldan, _fellows, brothers of the gyld_. In a case of aggravated crime it is provided that the offender’s relatives shall pay a third part of the fine, his gegyldan a third part, and if he cannot pay the remainder himself, he is to become an outlaw, _i. e._ forfeit his land and flee,