JUDICIAL AND EXECUTIVE SYSTEMS. 499 



form is further shown where the government is neither despotic 

 nor oligarchic, nor democratic, but mixed. For in our own 

 case we see a system of administering justice which, like the 

 political system, unites authority that is in a considerable 

 degree irresponsible, with popular authority. In old English 

 times a certain power of making and enforcing local or &quot; bye- 

 laws&quot; was possessed by the township ; and in more important 

 and definite ways the hundred-moot and the shire-moot dis 

 charged judicial and executive functions: their respective 

 officers being at the same time elected. But the subsequent 

 growth of feudal institutions, followed by the development of 

 royal power, was accompanied by diminution of the popular 

 share in judicial business, and an increasing assignment of it 

 to members of the ruling classes and to agents of the crown. 

 And at present we see that the system, as including the 

 power of juries (which arose by selection of representative 

 men, though not in the interest of the people), is in part 

 popular; that in the summary jurisdiction of unpaid magis 

 trates who, though centrally appointed, mostly belong to the 

 wealthy classes, and especially the landowners, it is in part 

 aristocratic ; that in the regal commissioning of judges it 

 continues monarchic ; and that yet, as the selection of magis 

 trates and judges is practically in the hands of a ministry 

 executing, on the average, the public will, royal power and 

 class-power in the administration of justice are exercised 

 under popular control. 



525. A truth above implied and now to be definitely 

 observed, is that along with the consolidation of small societies 

 into large ones effected by war, there necessarily goes ari 

 increasing discharge of judicial functions by deputy. 



As the primitive king is very generally himself both 

 commander-in-chief and high priest, it is not unnatural that, 

 his delegated judicial functions should be fulfilled both by 

 priests a.xid soldiers. Moreover, since the consultative body, 

 whern it becomes established and separated from the multi- 

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