PHI LOS 0 P H Y . - Classic Works of Apologetics Online

contest in which the subj{:ct is engaged, has assisted
his defence \\ ith extraordinary iudulgences. By
two statutes, enacted since the revolution, €\·ery person
indicted for high treason shall have a copy of his
indictment, a list of the witnesses to be produced,
and of the j :lry irnpannelled, deli,,"ered to hiln ten
days before the trial; he is also permitted to make
his defence by counsel-privileges which are not al.
lowed. to the prisoner, in a trial for-any other crime:
and what is of more important:e to the party than
all the rest, the testimony of two \vitnesses, at the
least, is required to conv:ct a person of treason';
whereas, one po~itive witness is sufficient in aimost
every other sp~cies of accusation.
We proceed, in the second place, to inquire in \vhat
manner the constitution has provided for its own pres ..
ervation; that is~ in what manner each part of the
legislatare is secured in the exercise of the powers
assigned to it, fronl the encroachment of the other
parts. The security is sometimes called the balance if
the cOllstiiutioJJ; al1d the political equilibrium, which
this phrase denotes, consists in t\\"O contrivances,
--a balance of po\ver, and a balance of interest ..
By a balance of power is meant, that there is no
power PlJssessed by one part of the legislature, the
abuse, or excess of which is not checked by some antagonist
power, residing in another part. Th us the
power of the two houses of parliament to frame Jaws
is checked by the king's negative; that if laws sub··
versive of regal government should obtain the con.
sent of parliament, the reigning prince, by interposing
his prerogative, may save the necessary rights and
authority of his statil1n. 011 tIle otl1cr halld, the ar·
bitrary application of this negative is chf>cked by the
privilege. which parliament possesses, of refu~ing supplies
of money to the exigenccs of the king's administration.
The constitutional maxim, " that the king
can do no \\'ronp;," is balanced by arlother maxim,
not less constitutional, ~, that tl1(:~ illegal cOlnman(ls of
1..-
the kiJlg do notlu!',tHy tho~c who ::35sist, or com:ur ..