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the spirit of laws-及44准

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slative bodies succeed one another�察�the people who have a bad opinion of that which is actually sitting may reasonably entertain some hopes of the next�此�but were it to be always the same body�察�the people upon seeing it once corrupted would no longer expect any good from its laws�察�and of course they would either become desperate or fall into a state of indolence。

The legislative body should not meet of itself。 For a body is supposed to have no will but when it is met�察�and besides�察�were it not to meet unanimously�察�it would be impossible to determine which was really the legislative body�察�the part assembled�察�or the other。 And if it had a right to prorogue itself�察�it might happen never to be prorogued�察�which would be extremely dangerous�察�in case it should ever attempt to encroach on the executive power。 Besides�察�there are seasons�察�some more proper than others�察�for assembling the legislative body�此�it is fit�察�therefore�察�that the executive power should regulate the time of meeting�察�as well as the duration of those assemblies�察�according to the circumstances and exigencies of a state known to itself。

Were the executive power not to have a right of restraining the encroachments of the legislative body�察�the latter would become despotic�察�for as it might arrogate to itself what authority it pleased�察�it would soon destroy all the other powers。

But it is not proper�察�on the other hand�察�that the legislative power should have a right to stay the executive。 For as the execution has its natural limits�察�it is useless to confine it�察�besides�察�the executive power is generally employed in momentary operations。 The power�察�therefore�察�of the Roman tribunes was faulty�察�as it put a stop not only to the legislation�察�but likewise to the executive part of government�察�which was attended with infinite mischief。

But if the legislative power in a free state has no right to stay the executive�察�it has a right and ought to have the means of examining in what manner its laws have been executed�察�an advantage which this government has over that of Crete and Sparta�察�where the Cosmi��9�А�and the Ephori��10�А�gave no account of their administration。

But whatever may be the issue of that examination�察�the legislative body ought not to have a power of arraigning the person�察�nor�察�of course�察�the conduct�察�of him who is entrusted with the executive power。 His person should be sacred�察�because as it is necessary for the good of the state to prevent the legislative body from rendering themselves arbitrary�察�the moment he is accused or tried there is an end of liberty。

In this case the state would be no longer a monarchy�察�but a kind of republic�察�though not a free government。 But as the person entrusted with the executive power cannot abuse it without bad counsellors�察�and such as have the laws as ministers�察�though the laws protect them as subjects�察�these men may be examined and punished  an advantage which this government has over that of Gnidus�察�where the law allowed of no such thing as calling the Amymones��11�А�to an account�察�even after their administration�撮�12�А�and therefore the people could never obtain any satisfaction for the injuries done them。

Though�察�in general�察�the judiciary power ought not to be united with any part of the legislative�察�yet this is liable to three exceptions�察�founded on the particular interest of the party accused。

The great are always obnoxious to popular envy�察�and were they to be judged by the people�察�they might be in danger from their judges�察�and would�察�moreover�察�be deprived of the privilege which the meanest subject is possessed of in a free state�察�of being tried by his peers。 The nobility�察�for this reason�察�ought not to be cited before the ordinary courts of judicature�察�but before that part of the legislature which is composed of their own body。

It is possible that the law�察�which is clearsighted in one sense�察�and blind in another�察�might�察�in some cases�察�be too severe。 But as we have already observed�察�the national judges are no more than the mouth that pronounces the words of the law�察�mere passive beings�察�incapable of moderating either its force or rigour。 That part�察�therefore�察�of the legislative body�察�which we have just now observed to be a necessary tribunal on another occasion�察�is also a necessary tribunal in this�察�it belongs to its supreme authority to moderate the law in favour of the law itself�察�by mitigating the sentence。

It might also happen that a subject entrusted with the administration of public affairs may infringe the rights of the people�察�and be guilty of crimes which the ordinary magistrates either could not or would not punish。 But�察�in general�察�the legislative power cannot try causes�此�and much less can it try this particular case�察�where it represents the party aggrieved�察�which is the people。 It can only�察�therefore�察�impeach。 But before what court shall it bring its impeachment�拭�Must it go and demean itself before the ordinary tribunals�察�which are its inferiors�察�and�察�being composed�察�moreover�察�of men who are chosen from the people as well as itself�察�will naturally be swayed by the authority of so powerful an accuser�拭�No�此�in order to preserve the dignity of the people�察�and the security of the subject�察�the legislative part which represents the people must bring in its charge before the legislative part which represents the nobility�察�who have neither the same interests nor the same passions。

Here is an advantage which this government has over most of the ancient republics�察�where this abuse prevailed�察�that the people were at the same time both judge and accuser。

The executive power�察�pursuant of what has been already said�察�ought to have a share in the legislature by the power of rejecting�察�otherwise it would soon be stripped of its prerogative。 But should the legislative power usurp a share of the executive�察�the latter would be equally undone。 

If the prince were to have a part in the legislature by the power of resolving�察�liberty would be lost。 But as it is necessary he should have a share in the legislature for the support of his own prerogative�察�this share must consist in the power of rejecting。

The change of government at Rome was owing to this�察�that neither the senate�察�who had one part of the executive power�察�nor the magistrates�察�who were entrusted with the other�察�had the right of rejecting�察�which was entirely lodged in the people。

Here then is the fundamental constitution of the government we are treating of。 The legislative body being composed of two parts�察�they check one another by the mutual privilege of rejecting。 They are both restrained by the executive power�察�as the executive is by the legislative。

These three powers should naturally form a state of repose or inaction。 But as there is a necessity for movement in the course of human affairs�察�they are forced to move�察�but still in concert。

As the executive power has no other part in the legislative than the privilege of rejecting�察�it can have no share in the public debates。 It is not even necessary that it should propose�察�because as it may always disapprove of the resolutions that shall be taken�察�it may likewise reject the decisions on those proposals which were made against its will。

In some ancient commonwealths�察�where public debates were carried on by the people in a body�察�it was natural for the executive power to propose and debate in conjunction with the people�察�otherwise their resolutions must have been attended with a strange confusion。

Were the executive power to determine the raising of public money�察�otherwise than by giving its consent�察�liberty would be at an end�察�because it would become legislative in the most important point of legislation。 

If the legislative power was to settle the subsidies�察�not from year to year�察�but for ever�察�it would run the risk of losing its liberty�察�because the executive power would be no longer dependent�察�and when once it was possessed of such a perpetual right�察�it would be a matter of indifference whether it held it of itself or of another。 The same may be said if it should come to a resolution of entrusting�察�not an annual�察�but a perpetual command of the fleets and armies to the executive power。

To prevent the executive power from being able to oppress�察�it is requisite that the armies with which it is entrusted should consist of the people�察�and have the same spirit as the people�察�as was the case at Rome till the time of Marius。 To obtain this end�察�there are only two ways�察�either that the persons employed in the army should have sufficient property to answer for their conduct to their fellow´subjects�察�and be enlisted only for a year�察�as was customary at Rome�此�or if there should be a standing army�察�composed chiefly of the most despicable part of the nation�察�the legislative power should have a right to disband them as soon as it pleased�察�the soldiers should live in common with the rest of the people�察�and no separate camp�察�barracks�察�or fortress should be suffered。

When once an army is established�察�it ought not to depend immediately on the legislative�察�but on the executive�察�power�察�and this from the very nature of the thing�察�its business consisting more in action than in deliberation。

It is natural for mankind to set a higher value upon courage than timidity�察�on activity than prudence�察�on strength than 

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