Both forms of feudalism had their roots in the organization of primitive Germany. A glance at that system is desirable for a thorough comprehension of our subject; it will help us to realize what feudalism was, if not to discern how it grew up. The leading characteristics of the Teutonic polity were individual liberty and tribal autonomy. Each tribe or canton is theoretically independent, and entitled to manage its own concerns; within the tribe all free heads of houses are politically equal, and entitled to a voice in the affairs of the community. Each free villager has his share of the tribe lands,—his homestead, his propor tion of the arable land, with corresponding rights over the forest and pasture lands. The shares are not necessarily equal, as social distinctions exist, and are fully recognized by the law ; but whether large or small, the shares are held on the like terms of participation in all public duties, chief of which are the obligations of attendance in the communal meetings and in the host. The shares so held "bore among the northern nations the name of Odal or Edhel." Whether any etymological connexion exists between the words odal and alod " may be questioned, but their signification as applied to land is the same : the alod is the hereditary estate derived from primitive occupation, for which the owner owes no service except the personal obligation to appear in the host and in the council." As above intimated, political equality was not held incompatible with social inequality ; the population was divided into three classes, rated at different values in the legal tariff. First came the nobilis, eorl, or cetheling, the man distinguished by ancestral wealth and reputed purity of blood; next ranked the simple freeman, the ingenuus, frilingus, or ceorl; at the bottom of the social scale stood the serf or slave (colonus lazzus, lost, servus. theow). An injury done to an eorl or his property would cost the offender twice or three times as much as the same injury done to a ceorl ; at an equal distance below the ceorl ranks the slave, but the compensation for injury done to him of course goes to his master. The official magistracy {principes) are selected from the ranks of the nobility; very distinguished parentage will at times entitle a mere lad to high office, but this is rare.3 Superior birth gives weight and precedence in the national councils; above all, where a powerful tribe or confederation of tribes think fit to exalt their dignity by conferring regal honours on their chief, care is taken to select the king from the family of noblest birth. But in critical times the instinct of a free people taught that the claims of birth must give place to more weighty considerations : whoever might be allowed to rule in time of peace, on the field of battle only the man of tried ability could take the load. Judicial and political business was transacted in the various national assemblies held at fixed times, " generally at the new or full moon." Local questions and matters of police were determined in the meetings of the mark or township (yicus, dorff); the higher criminal jurisdiction and questions of a political nature were reserved for the malls or gemotes of the hundred, canton, or tribe {gait, pagus, gens); "there was no distinction of place ; all were free, all appeared in arms." The order of business was settled beforehand by the chiefs in com-mittee , a leading elder would open the debate; others followed as the spirit moved them ; the people decided as they thought fit. "Opposition was expressed by loud shouts, assent by the striking of spears, enthusiastic applause by the clash of spear and shield."