In Monarchies, Ministers Should not sit as Judges

There are still many states where many judges to decide exchequer causes, and where the ministers judge cases.

A prince’s council is different from his courts of judicature. The king’s council should be composed of a few persons. The courts of judicature should have many people.

The reason is, in the former, things should be undertaken and conducted with a kind of warmth and passion, which can hardly be expected but from four or five men who make it their sole business. On the contrary, in courts of judicature, a certain coolness is requisite, and an indifference, in some measure, to all manner of affairs.

Chapter 7: A Single Magistrate

A magistracy of this kind can only take place in a despotic government. We have an instance, in the Roman history, how far a single magistrate may abuse his power.

Might it not be very well expected that

Appius, on his tribunal, should condemn all laws, after having violated that of his own enacting?

Livy has given us the iniquitous distinction of the decemvir. He had suborned a man to reclaim Virginia, in his presence, as his slave=

Virginia’s relations insisted, that, by virtue of his own law, she should be consigned to them till the definitive judgement was passed. Upon which, he declared, that his law had been enacted only in favour of the father; and that, as Virginius was absent, no application could be made of it to the present case∥.

Chapter 8: Accusation in Different Governments

AT Rome, it was lawful for one citizen to accuse another.

This was agreeable to the spirit of a republic, where each citizen:

• should have an unlimited zeal for the public good, and
• is supposed to hold all the rights of his country in his own hands.

Under the emperors, the republican maxims were still pursued.

Instantly appeared a pernicious tribe, a swarm of informers. Crafty wicked men, who could stoop to any indignity to serve the purposes of their ambition, were sure to busy themselves in the search of criminals whose condemnation might be agreeable to the prince.

This was the road to honour and preferment. but luckily we are strangers to it in our country.

We have at present an admirable law, namely, that by which the prince, who is established for the execution of the laws, appoints an officer in each court of judicature to prosecute all sorts of crimes in his name=

Hence, the profession of informers is unknown to us because if this public avenger were suspected to abuse his office, he would soon be obliged to mention his author.

By Plato’s laws, those who neglect to inform or assist the magistrates are liable to punishment. This would not be so proper today. The public prosecutor watches for the safety of the citizens. He proceeds in his office while they enjoy their quiet and ease.