500 POLITICAL INSTITUTIONS. 



tude, habitually includes members of both these classes, such, 

 judicial powers as it exercises cannot at the outset be mono 

 polized by members of either. And this participation is 

 further seen to arise naturally on remembering how, as before 

 shown, priests have in so many societies united military 

 functions with clerical functions ; and how, in other cases, 

 becoming local rulers, having the same tenures and obliga 

 tions with purely military local rulers, they acquire, in com 

 mon with them, local powers of judgment and execution ; as 

 did mediaeval prelates. Whether the ecclesiastical class or 

 the class of warrior-chiefs acquires judicial predominance, 

 probably depends mainly on the proportion between men s 

 fealty to the successful soldier, and their awe of the priest 

 as a recipient of divine communications. 



Among the Zulus, who, with an undeveloped mythology, 

 have no great deities and resulting organized priesthood, the 

 king &quot; shares his power with two soldiers of his choice. These 

 two form the supreme judges of the country.&quot; Similarly 

 with the Eggarahs (Inland Negroes), whose fetish-men do not 

 form an influential order, the first and second judges are 

 &quot;also commanders of the forces in time of war.&quot; Passing 

 to historic peoples, we have in Attica, in Solon s time, the 

 nine archons, who, while possessing a certain sacredness as 

 belonging to the Eupatridse, united judicial with military 

 functions more especially the polemarch. In ancient Rome, 

 that kindred union of the two functions in the consuls, 

 who called themselves indiscriminately, proetores or judices, 

 naturally resulted from their inheritance of both functions 

 from the king they replaced ; but beyond this there is the 

 fact that though the pontiffs had previously been judges in 

 secular matters as well as- in sacred matters, yet, after the esta 

 blishment of the republic, the several orders of magistrates were 

 selected from the non-clerical patricians, the&amp;lt;*)riginal soldier- 

 class. And then throughout the middle ages in Europe, we 

 have the local military chiefs, whether holding positions like 

 those of old English thanes or like those of feudal barons, acting 



