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All Collections > The Complete Works of Montesquieu. Electronic Edition. > Volume I. > body > book vi.: consequences of the principles of different governments with respect to the simplicity of civil and criminal laws, the form of judgements, and the inflicting of punishments. > chap. VI.: that, in monarchies, ministers ought not to sit as judges.
cover
The Complete Works of Montesquieu. Electronic Edition.
cover
Volume I.
Body
BOOK VI.: CONSEQUENCES OF THE PRINCIPLES OF DIFFERENT GOVERNMENTS WITH RESPECT TO THE SIMPLICITY OF CIVIL AND CRIMINAL LAWS, THE FORM OF JUDGEMENTS, AND THE INFLICTING OF PUNISHMENTS.
CHAP. VI.: That, in Monarchies, Ministers ought not to sit as Judges.

CHAP. VI.: That, in Monarchies, Ministers ought not to sit as Judges.

IT is, likewise, a very great inconveniency, in monarchies, for the ministers of the prince to sit as

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judges. We have still instances of states where there is a great number of judges to decide exchequer causes, and where the ministers, nevertheless, (a thing most incredible,) would fain determine them. Many are the reflections that here arise; but this single one will suffice for my purpose.

There is, in the very nature of things, a kind of contrast between a prince’s council and his courts of judicature. The king’s council ought to be composed of a few persons, and the courts of judicature of a great many. 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.