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

"' .... 1 .j I · Of !/~{ ,,1Jmidslrafi~1; if Justicc.
!iupport itself? For when we reflect upon the power
of the house of commons to extort a compliance
with its resolutions from the other parts of the Ie·
gislaturt!; or to put to death the constitution by a
refusal ot- the annual grants ·of money, to the support
of the necessary functions of gov~rnment-when
we reflect also \vhat motives there are, \·/hich~ in the
vici~situdes of political interests and pas~iollS, may
one day arm and point this power agaill~t tIle ex~cu·~
tive magistrate; when we attelld to these cons!deranons,
we shall be led perhaps to acknowledge, t)lat
there is not more of paradox than of trutll in that iill·
portant, but tDuch decried apophthegm, " that an independent
parliament is incompatible \\-ith the existence
of th~ nlonarchy. "
CHAPTER VIII.
OF THE ADMINISTRATION OF JUSTICE.
,
, 1-'HE first maxim of a free state is .. t hat the
laws be made bv one set of lilen, and administered bv
another; i~ other words, that the lehlslati ...·c an:l
judicial characters be kept separatel \Vhen thl'se
offices are united in the same person or assembly,
particular laws are made for particular case!', springing
oftentimes from partial motiH~S, and directed to
private ends: whilst they are kf'pt separate, gener:.ll
!a\vs ,Ire Inade .by one body of men, \vithout forc-·seeing
\Vh()ffi they may affect; and, \VhCIl made, 111~·:'t
be applied by the other, let them affect WhOlll they
\vi 11.
For the sake of illustration, let it be $Upposc(l, in
this C{)Ulltry, either that, parliamellts beiilg laiJ a~~jJe,
~Ile courts ()f \Vestnlinster Hall made thtir 0\\,11 I :\\'S ;
,'.>r tilat ttJ~ two hou~es of p~lr)jamcnt, witl1 tJ1C lcill~j
ar tlle-it- head, tried, and decided cau~e~ at their bar:
:: i:;; :.:vitient, ill the fir~t place, that the decbions of