Montesquieu: Political Liberty, with Regard to the Constitution

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* NOW - Buy this resource online! Click here * Of the Laws Which Establish Political Liberty, with Regard to the Constitution1. A general Idea.2. Different Significations of the word Liberty.3. In what Liberty consists.4. The same Subject continued.5. Of the End or View of different Governments.6. Of the Constitution of England.7. Of the Monarchies we are acquainted with.8. Why the Ancients had not a clear Idea of Monarchy.9. Aristotle's Manner of Thinking.10. What other Politicians thought.11. Of the Kings of the heroic Times of Greece.12. Of the Government of the Kings of Rome, and in what Manner the three Powers were there distributed.13. General Reflections on the State of Rome after the Expulsion of its Kings.14. In what Manner the Distribution of the three Powers began to change after the Expulsion of the Kings.1st.2nd.3rd.15. In what Manner Rome, in the flourishing State of that Republic, suddenly lost its Liberty.16. Of the legislative Power in the Roman Republic.17. Of the executive Power in the same Republic.18. Of the judiciary Power in the Roman Government.19. Of the Government of the Roman Provinces.20. The End of this Book. FOOTNOTES
   1. "I have copied," says Cicero, "Sc�vola's edict, which permits the Greeks to terminate their difference among themselves according to their own laws; this makes them consider themselves a free people."
   2. The Russians could not bear that Czar Peter should make them cut it off.
   3. The Cappadocians refused the condition of a republican state, which was offered them by the Romans.
   4. The natural end of a state that has no foreign enemies, or that thinks itself secured against them by barriers.
   5. Inconvenience of the Liberum veto.
   6. At Venice.
   7. As at Athens.
   8. See Aristotle, Politics, iv. 4.
   9. See Aristotle, Politics, ii, 10.
   10. Ibid., 9.
   11. These were magistrates chosen annually by the people. See Stephen of Byzantium.
   12. It was lawful to accuse the Roman magistrates after the expiration of their several offices. See in Dionysius Halicarnassus, ix, the affair of Genutius the tribune.
   13. De minoribus rebus principes consultant, de majoribus omnes; ita tamen lit ea quoque quorum penes plebem arbitrium est, apud principes pertractentur. -- ix.
   14. Politics, iii. 14.
   15. See Justin, xvii. 3.
   16. Aristotle, Politics, v. 11.
   17. Ibid., iii. 14.
   18. Ibid.
   19. See what Plutarch says in the Theseus. See likewise Thucydides, i.
   20. Aristotle, Politics, iv. 8.
   21. Dionysius Halicarnassus, ii, p. 120, and iv, pp. 242, 243.
   22. See Tanaquil's Discourse on Livy, i dec. l, and the regulations of Servius Tullius in Dionysius Halicarnassus, iv. p. 229.
   23. See Dionysius Halicarnassus, ii, p. 118, and iii, p. 171.
   24. It was by virtue of a senatus-consultum that Tullius Hostilius ordered Alba to be destroyed. -- Ibid., iii, pp. 167 and 172.
   25. Ibid., iv, p. 276.
   26. Ibid., ii. And yet they could not have the nomination of all offices, since Valerius Publicola made that famous law by which every citizen was forbidden to exercise any employment, unless he had obtained it by the suffrage of the people.
   27. Ibid., iii, p. 159.
   28. Ibid., iv.
   29. He divested himself of half the regal power, says Dionysius Halicarnassus, iv, p. 229.
   30. It was thought that if he had not been prevented by Tarquin he would have established a popular government. -- Ibid., iv, p. 243.
   31. Ibid., iv.
   32. Livy, dec. 1, vi.
   33. Qu�stores parricidii. -- Pomponius, Leg. 2,� 23, ff. de orig. jur.
   34. Plutarch, Poplicola.
   35. Comitiis centuriatis.
   36. See Livy, i, 43; Dionysius Halicarnassus, iv, vii.
   37. Dionysius Halicarnassus, ix, p. 598.
   38. Ibid., vii.
   39. Contrary to the ancient custom, as may be seen: ibid., v, p. 320.
   40. Ibid., pp. 410, 411.
   41. Ibid., ix, p. 605.
   42. Ibid., xi, p. 725.
   43. By the sacred laws, the plebeians had the power of making the plebiscita by themselves, without admitting the patricians into their assembly -- Ibid., vi, p. 410; vii, p. 430.
   44. By the law enacted after the expulsion of the decemvirs, the patricians were made subject to the plebiscita, though they had not a right of voting there. Livy, iii. 55, and Dionysius Halicarnassus, xi, p. 725. This law was confirmed by that of Publius Philo the dictator, in the year of Rome 416. Livy, viii. 12.
   45. In the year 312 of Rome the consuls performed still the business of surveying the people and their estates, as appears by Dionysius Halicarnassus, ix.
   46. Such as those by which it was allowed to appeal from the decisions of all the magistrates to the people.
   47. Book vi.
   48. In the year of Rome 444, Livy, dec. 1, ix. 30. As the war against Perseus appeared somewhat dangerous, it was ordained by a senatus-consultum that this law should be suspended, and the people agreed to it. Livy, dec. 5, ii.
   49. They extorted it from the senate, says Freinshemius, dec. 2, vi.
   50. There is no manner of doubt but the consuls had the power of trying civil causes before the creation of the pr�tors. See Livy, dec. l, ii. 1; Dionysius Halicarnassus, x, pp. 627, 645.
   51. The tribunes frequently tried causes by themselves only, but nothing rendered them more odious. -- Dionysius Halicarnassus, xi, p. 709.
   52. Judicia extraordinaria. See the Institutes, iv.
   53. Book vi, p. 360.
   54. Album Judicium.
   55. "Our ancestors," says Cicero, Pro Cluentio, "would not suffer any man whom the parties had not agreed to, to be judge of the least pecuniary affair, much less of a citizen's reputation."
   56. See in the fragments of the Servilian, Cornelian, and other laws, in what manner these laws appointed judges for the crimes they proposed to punish. They were often pitched upon by choice, sometimes by lot, or, in fine, by lot mixed together with choice.
   57. Seneca, De Benefic. iii. 7, in fine.
   58. See Quintilian, iv, p. 54, in fol. ed., Paris, 1541.
   59. Leg. 2 ff. de orig. jur. Magistrates who were called decemvirs presided in court, the whole under a pr�tor's direction.
   60. Quoniam de capite civis Romani, injussu populi Romani, non erat permissum consulibus jus dicere. -- See Pomponius,Leg. 2, �6, ff. de orig. jur.
   61. Dionysius Halicarnassus, v, p. 322.
   62. The comitia by centuries. Thus Manlius Capitolinus was tried in these comitia. -- Livy, Dec. 1, vi. 20.
   63. Pomponius, in Leg. 2, Dig., de orig. jur.
   64. See a fragment of Ulpian, who gives another of the Cornelian Law: it is to be met with in the Collation of the Mosaic and Roman Laws, tit. i, De Sicariis et homicidiis.
   65. This took place, especially in regard to crimes committed in Italy, which were subject chiefly to the inspection of the senate. See Livy, Dec. 1, ix, 26, concerning the conspiracies at Capua.
   66. This was the case in the prosecution for the murder of Posthumius, in the year 340 of Rome. See Livy, iv. 50.
   67. This judgment was passed in the year of Rome 567.
   68. Book viii.
   69. Cicero, in Brutus.
   70. This is proved from Livy, book xliii. 46, who says that Hannibal rendered their magistracy annual.
   71. The senatus-consultums were in force for the space of a year, though not confirmed by the people. -- Dionysius Halicarnassus ix, p. 595; xi, p. 735.
   72. In the year 630.
   73. Capite censos plerosque. -- Sallust, De Bello Jugurth, 84.
   74. Fragment of this author, xxxvi, in the collection of Constantine Porphyrogenitus, Of Virtues and Vices [Historica]..
   75. Fragment of his history, taken from the extract Of Virtues and Vices [Historica].
   76. Fragment of the book xxxiv in the extract Of Virtues and Vices [Historica].
   77. Penes quos Rom� tum judicia erant, atque ex equestri ordine solerent sortito judices eligi in causa Pr�torum et Proconsulum, quibus post administratam provinciam dies dicta erat.
   78. They made their edicts upon entering the provinces.
   79. Book v. 19. See also ii, iii, iv, and v.
   80. After the conquest of Macedonia the Romans paid no taxes.
   81. Speech taken from Trogus Pompeius, and related by Justin, xxxviii. 4.
   82. See the orations against Verres.
   83. It is well known what sort of a tribunal was that of Varus, which provoked the Germans to revolt.