ferved for that æra of state policy when the hand of the magiftrate wields the terrific trident of the gods; and when, by the establishment of a folemn and public worship, the minds of men are enured to the obfervance of facred rites; which begetting the habit of obe dience, operates most powerfully in bringing men to acknowledge the authority of government, and to yield fubmiffion to the temporal as well as the spiritual ordinances of the magiftrate. WHILE property was poffeffed in common by the members of a tribe or family, few difputes could have arifen concerning matters of civil right. Any difference which might have fubfisted in relation to contracts or engagements of a civil nature, could rarely have been deemed of fo great importance as to require the interpofition of the temporal and fpiritual magiftrates to enforce justice. PERSONAL PERSONAL injuries were redreffed, to prevent dangerous feuds and animofities; but promifes or engagements relative to the exchange of commodities, in which confifted the commercial dealings of mankind before the invention of money, were left to be fulfilled at the will of the contracting parties. Right of exclufive property must have been well understood; and that fort of traffic which confifted in the ex-. change of one commodity for another, muft have been frequently put in practice, before the establishment of civil judges vested with public authority to administer justice. It cannot be made matter of doubt, that, before the establishment of civil courts, contracts and agreements took place with regard to the transference of moveable subjects from one hand to another. But if those agreements were not enforced by any civil magiftrate, how were fuch matters regulated? IN the infancy of traffic, men could not enforce the performance of covenants. It depended upon the joint will of the contracting parties, whether their agreement fhould have effect. Failure in regard to engagements would often be attended with inconvenience, or lofs, to one or the other of the parties concerned. If the power of the chiefs or princes was not fufficient to command performance, or if civil transactions were confidered as matters of too little moment to call forth the exertions of the chiefs and affemblies of the people, breach of covenant must have remained without remedy. Some method must have been devised to fecure the execution of civil contracts. A most natural, and at the fame time a most effectual one, was adopted, which was fufficient, without the aid or intervention of a judge, to prevent lofs through breach of agreement. This purpose was accomplished by means of a pledge, which was a subject of value depofited by the obligee as a fecurity of performance of his engagement to the obligor. The regulaᏃ tion tion of this mode of fecurity was a matter of great moment in the earlieft ftate of traffic.. THAT a paction, or an agreement which confifted in words, was not confidered as effectually binding upon the parties in early fociety, we are furnished with evidence from the antient law of the Romans. If a paction, or mutual agreement between two parties, confifted merely in words, "in nudis placiti vel "conventionis finibus," without the delivery on either fide of any commodity or fubject of ufe, the power of the judge was not deemed fufficient to reach the cafe. In a more advanced ftate of jurifprudence, when the judge found his authority gaining more fway over the minds of the people, a certain form of words, which got the name of Stipulation, was prescribed. That form being used, the judge declared he would hold it as a binding contract. By this time society was confiderably advanced in the arts of civil polity: judicial proceedings had acquired refpect: laws laws had obtained authority among the people: their minds were impreffed with the conviction, that the judge could call forth the combined force of the ftate, in order to execute his decrees. WE are furnished with evidence from the ancient Roman laws of the Twelve Tables, that even after the establishment of civil judges, there was no citation or fummons issuing from the court, commanding the attendance of any party. The citation was made by private authority. It depended upon the fuperior strength of the plaintiff or defendant, whether the judge was to pronounce sentence in the cafe *. COMMERCIAL dealings must have become frequent, before the authority of courts of justice was fufficiently established to procure obedience to their citations. There is good reason for * Aul. Gell. Noct. Atticæ. Z 2 concluding, |