FREE BOOKS

Author's List




PREV.   NEXT  
|<   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62  
63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   >>   >|  
rning it, whereas the magistrate's losing the power of religion loses the liberty of conscience, which in that case has nothing to protect it. But if the people be otherwise taught, it concerns them to look about them, and to distinguish between the shrieking of the lapwing and the voice of the turtle. To come to civil laws. If they stand one way and the balance another, it is the case of a government which of necessity must be new modelled; wherefore your lawyers, advising you upon the like occasions to fit your government to their laws, are no more to be regarded than your tailor if he should desire you to fit your body to his doublet. There is also danger in the plausible pretence of reforming the law, except the government be first good, in which case it is a good tree, and (trouble not yourselves overmuch) brings not forth evil fruit; otherwise, if the tree be evil, you can never reform the fruit, or if a root that is naught bring forth fruit of this kind that seems to be good, take the more heed, for it is the ranker poison. It was nowise probable, if Augustus had not made excellent laws, that the bowels of Rome could have come to be so miserably eaten out by the tyranny of Tiberius and his successors. The best rule as to your laws in general is that they be few. Rome, by the testimony of Cicero, Was best governed under those of the twelve tables; and by that of Tacitus, Plurimoe leges, corruptissima respublica. You will be told that where the laws be few they leave much to arbitrary power; but where they be many, they leave more, the laws in this case, according to Justinian and the best lawyers, being as litigious as the suitors. Solon made few, Lycurgus fewer, laws; and commonwealths have the fewest at this day of all other governments. Now to conclude this part with a word de judiciis, or of the constitution or course of courts; it is a discourse not otherwise capable of being well managed but by particular examples, both the constitution and course of courts being divers in different governments, but best beyond compare in Venice, where they regard not so much the arbitrary power of their courts as the constitution of them, whereby that arbitrary power being altogether unable to retard or do hurt to business, produces and must produce the quickest despatch, and the most righteous dictates of justice that are perhaps in human nature. The manner I shall not stand in this place to describe, because it is exem
PREV.   NEXT  
|<   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62  
63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   >>   >|  



Top keywords:
government
 

courts

 

constitution

 
arbitrary
 

lawyers

 
governments
 

respublica

 

Plurimoe

 

corruptissima

 

Justinian


quickest

 
despatch
 

justice

 

dictates

 

righteous

 

Tacitus

 

twelve

 

testimony

 

Cicero

 
describe

general

 

nature

 
produce
 

governed

 

manner

 

tables

 

business

 
regard
 

Venice

 
judiciis

compare

 

managed

 

divers

 

discourse

 
capable
 

conclude

 

altogether

 
retard
 

Lycurgus

 

examples


litigious

 
suitors
 

commonwealths

 

unable

 

fewest

 

produces

 

ranker

 

balance

 

necessity

 

turtle