In the second and more important sense of the word, the Mark is a community of families or households, settled on such plots of land and forest as have been described. This is the original basis upon which all Teutonic society rests, and must be assumed to have been at first amply competent to all the demands of society in a simple and early stage of development: for example, to have been a union for the purpose of administering justice, or supplying a mutual guarantee of peace, security and freedom for the inhabitants of the district. In this organization, the use of the land, the woods and the waters was made dependent upon the general will of the settlers, and could only be enjoyed under general regulations made by all for the benefit of all. The Mark was a voluntary association of free men, who laid down for themselves, and strictly maintained, a system of cultivation by which the produce of the land on which they settled might be fairly and equally secured for their service and support; and from participation in which they jealously excluded all who were not born, or adopted, into the association. Circumstances dependent upon the peculiar local conformation of the district, or even on the relations of the original parties to the contract, may have caused a great variety in the customs of different Marks; and these appear occasionally anomalous, when we meet with them still subsisting in a different order of social existence[97]; but with the custom of one Mark, another had nothing to do, and the Markmen, within their own limit, were independent, sufficient to their own support and defence, and seised of full power and authority to regulate their own affairs, as seemed most conducive to their own advantage. The Court of the Markmen, as it may be justly called, must have had supreme jurisdiction, at first, over all the causes which could in any way affect the interests of the whole body or the individuals composing it: and suit and service to such court was not less the duty, than the high privilege, of the free settlers. On the continent of Germany the divisions of the Marks and the extent of their jurisdiction can be ascertained with considerable precision; from these it maybe inferred that in very many cases the later courts of the great landowners had been in fact at first Markcourts, in which, even long after the downfall of the primæval freedom, the Lord, himself had been only the first Markman, the patron or defender of the simple freemen, either by inheritance or their election[98]. In this country, the want of materials precludes the attainment of similar certainty, but there can be no reason to doubt that the same process took place, and that originally Markcourts existed among ourselves with the same objects and powers. In a charter of the year 971, Cod. Dipl. No. 568, we find the word _mearcmót_, which can there mean only the place where such a court, _mót_ or meeting was held: while the _mearcbeorh_, which is not at all