Lectures on Political Principles; The Subjects of Eighteen Books, in Montesquieu's Spirit of Laws. Read to Students Under the Author's Direction (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1789 Excerpt: ... LECTURE XIV. CONSTITUTION OF ENGLAND. Part. III. SPIRIT OF LAWS. Book XI. C. 6. ON the subject of enquiry into the conduct of the executive power, we have seen that Montesquieu, delineates the defects of the English Constitution, as excellencies or beauties. He observes, whatever be the event of that examination, the legislative body, ' ought not to have a power of judging the ' person, nor of course, the conduct of him ' who is entrusted with the executive power. ' His person should be sacred; because, it ' being necessary to prevent the legislative ' power from becoming arbitrary--the rao Vol. IV. N ' raent ' ment he is accused or tried, there is an ' end of liberty 1' There can be no doubt, that the legislative power, should not judge the person, or conduct of the prince. This, I have observed, is a servant judging a servant; it must give rise to acts of atrocious injury, or infamous collusion. But it does not follow, the person of the supreme magistrate is sacred, or his conduct inscrutable. All powers must be accountable; except those of the whole community; where alone supreme uncontrolable faculties can be entrusted; because there alone they are sufficiently counterbalanced by the principle of selfpreservation, or the sense of general interest. If delegated or inferior powers, be detached from the body, or rendered independent and arbitrary, every accurate idea of political liberty is lost. The absurdity is thought to be meliorated in the administration 6f the English government, by attempts to exhibit the supreme magistrate as a toy, inclosed in a political casket, carried by men, disposed to answer for actions committed mitted in his name, for the emoluments attending them. This can impose only on ordinary intellects. For the idol, like Pygmalio...