onarchy which was verging on despotism.

Seignorial jurisdiction, without much rational justification, was none
the less of considerable utility; it bound, or was capable of binding,
the noble to his land, it prevented him from losing sight of his
vassals, and his vassals from losing sight of him, and was in fact a
conservative force in the aristocratic constitution of the kingdom. I
submit that if this jurisdiction had been properly defined, limited and
modified, which was never done, it would have been consonant with the
law of competence. There are various local matters which come quite
properly within the province of the noble, who in those days took the
place of the magistrate. All that was wanted was that such matters
should have been defined with precision and that in every case appeal
should have been allowed.

Ecclesiastical jurisdiction was perfectly reasonable, as offences
committed by ecclesiastics have a special character of which
ecclesiastics alone can judge. This seems strange to modern ideas,
although nowadays there are commercial courts and conciliation boards,
because litigation between men of business, between workmen and women
workers, and between employers and employed, can only be decided by men
who have technical knowledge of the subject in dispute. Appeal,
moreover, to a higher court is always allowed.

Finally, in the old days there used to be military jurisdiction for
precisely the same reason.

All these exceptional jurisdictions are objects of the liveliest
apprehension to democracy, because they infringe the rule of uniformity,
which is the image and often the caricature of equality, and also
because they are a stronghold of efficiency.

Democracy of course demolished aristocratic courts together with the
aristocracy itself, and ecclesiastical courts together with the Church
when it ceased to be an estate of the realm. Any special jurisdictions
which still remain are looked upon as instruments of aristocracy;
courts-martial are held in abhorrence because they have ideas of their
own in respect of military honour and duty, and military offences.
Therein lies their efficiency, a thing absolutely necessary, if we are
to maintain military spirit and discipline in a strong army. The private
soldier or officer, who is only judged and punished as a civilian, will
not be well judged nor adequately punished, considering the special
duties and services which are required of the army. This is a q