Of this gradual progress in the judicial power of a magistrate， from the period when he is merely an arbiter， to that when he is enabled to execute his decrees， and to call parties before him， several vestiges are still to be found even in the laws of polished nations.Among the Romans， the civil judge had no power to determine a law-suit， unless the parties had previously referred the cause to his decision， by a contract which was called litis-contestatio.In England， at this day， no criminal trial can proceed， until the culprit， by his pleading， has acknowledged the authority of the court.But while these practices were retained， from a superstitious regard to ancient usage， a ridiculous circuit was made， to avoid the inconveniences of which they were manifestly productive.At Rome， the plaintiff， after having desired the defendant to come voluntarily into court， was， upon his refusal， permitted to drag him by the throat；(12*) and by the English law， the defendant， who stands mute， is subjected to the peine fort et dure， a species of torture intended to overcome the obstinacy of such as are accused of atrocious crimes.
According to the systems of religion which have prevailed in the unenlightened parts of the world， mankind have imagined that the Supreme Being is endowed with passions and sentiments resembling their own， and that he views the extraordinary talents and abilities of their leader with such approbation and esteem as these qualities never fail to excite in themselves.The same person whom they look upon as the first of mortals， is naturally believed to be the peculiar favourite of Heaven， and is therefore regarded as the most capable to intercede in their behalf， to explain the will of the Deity， and to point out the most effectual means to avert his anger， or to procure his favour.
The admiration of a military leader in rude countries， has frequently proceeded so far as to produce a belief of his being sprung from a heavenly original， and to render him the object of that adoration which is due to the Supreme Being.
In some of the American tribes， the chiefs carry the name of the sun， from whom they are supposed to be descended， and whom they are understood to represent upon earth.(13*) The Incas of Peru derived themselves， in like manner， from the sun.In the kingdom of Loango， the prince is worshipped as a god by his subjects.They give him the name or title usually bestowed upon the Deity； and they address him with the utmost solemnity for rain or fruitful seasons.
The superstition of the early Greeks， in this particular， is well known； which was carried to such a height， as enabled almost every family of distinction to count kindred with some one or other of the celestial deities.It is in conformity to this ancient mythology that Racine has put the following beautiful address into the mouth of Phedra.
Noble et brillant auteur d'une triste famille， Toi， dont ma m鑢e osoit se vanter d'阾re fille， Qui peut-阾re rougis du trouble o？tu me vois， Soleil， je te viens voir pour la derni鑢e fois！
The same principle has disposed men to deify those heroes who have rendered themselves illustrious by their public spirit， and their eminent abilities； to imagine that in another state of existence they retain their former patriotic sentiments， and being possessed of superior power， continue， with unremitting vigilance， to ward off the misfortunes， and to promote the happiness of their people.
When such are the prevailing dispositions of a people， the chief of a barbarous tribe is naturally raised to be their high priest； or if he does not himself exercise that office， he obtains at least the direction and superintendence of their religious concerns.For some time after the building of Rome， the leader of each curia or tribe， is said to have been their chief ecclesiastical officer.A similar police in this respect appears to have been originally established in the cities of Greece， and has probably taken place among the primitive inhabitants of most countries.It may easily be conceived that in ignorant nations， guided by omens and dream， and subject to all the terrors of gross superstition， this branch of power， when added to the conduct of war， and the distribution of justice， will be an engine of great consequence to the magistrate， for carrying through his measures， and for extending his authority.
As， in conducting the affairs of a community， in the management of what relates to peace or war， and in the administration of justice， various abuses are apt to be committed， and many more may still be apprehended， the people are gradually led， by experience and observation， to introduce particular statutes or laws， in order to correct or ascertain their practice for the future.Even this legislative power， by which all the other branches of government are controlled and directed， is naturally assumed by the chief， after he has acquired considerable influence and authority.When the members of his tribe have become in a great measure dependent upon him with regard to their property， they are in no condition to dispute his commands， or to refuse obedience to those ordinances which he issues at pleasure， in order to model or establish the constitution of the society.
From these observations we may form an idea of that constitution of government which is naturally introduced among the members of a rude tribe or village.Each of the different families of which it is composed is under the jurisdiction of the father， and the whole community is subjected to a chief or leader， who enjoys a degree of influence and authority according to the superior abilities with which he is endowed， or the wealth which he has been enabled to acquire.
