individuals, will make itself felt. Without it, formal agreements will
be found to be of little use. The objections to a League of Nations
having power practically to order certain of its members to make war do
not in any way prevent the establishment of international tribunals
being followed by useful results. Without any express sanctions to
enforce them as above suggested, their decisions will usually be obeyed
in practice. There is and will be plenty of scope for the action of such
tribunals. A nation may hate war, may recognise its perils and the
inevitable losses involved, but may feel that an unwarrantable claim is
being made against it which it is bound to resist. It may, however, be
perfectly willing to submit the point to any tribunal which even
purports to be impartial, and abide by its decision. In this way some
systems of law have grown up. They began by regulating procedure. Each
of two parties claimed something as his property, was ready to fight to
maintain his right; but such contests might result in injustice, and
were certainly injurious to the peace of the State. In early Roman Law
each party who claimed the object in dispute touched it with his spear,
showing his readiness to fight for it; then some respected citizen--_vir
pietate gravis_--stepped in, and each party, without fear that his
refraining from fighting would expose him to future encroachments on his
rights, could agree to abide by his decision. As time goes on, what was
merely the casual intervention of an arbitrator becomes an habitual
rule, and eventually the fixed law of the land. Custom develops by
general consent into law. Trial by combat may become obsolete in
practice even long before it becomes illegal. There are many cases in
which a man (or a nation) dare not give way, though he knows that it
will cost him more to fight the case. A rough Lancashire manufacturer
was once advised against fighting a difficult case on the ground that
the result was uncertain, and the costs would in any event be very
heavy, more than the value of the matter in dispute. He said afterwards