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Indirect Legislation
Misrule
Excluding arbitrary
Clotharius made
It was a law of Clotharius that no man
should be condemned unheard: Baluzii capitularia Regum Francorum I p. 7 Ao 560. a proof says Montesquieu
that such was the practice in some particular
case or among some barbarous tribes. Esprit des loix. XII. 2.
I wonder
whether he knew he was cond passing sentence on the a
great part of the French government: on the whole system of lettres de cachet and a great part
of the administration of the Police. His discernment
and love of liberty render it not improbable. A lettre de cachet [in
particular] may be defined
an order to punish without
evidence for a fact
against which there is
no law.
This
abuse is scarcely not entirely eradicated any where
but in the British empire: but Paris and Venice
are the countries places in which it rages with
the greatest violence. What is the Supposing the end
[of these institutions] to be attained in the most perfect
degree imaginable, what is does the subject gain by it? what is he the better for
being deliver'd out of the hands of enemies with whom
he is upon a par into the hands of enemies against
whom he has no defense. Behave yourself well
it may be said, and the government never will be
your enemy. May be so: but how am I to know
that? I am obnoxious to the minister, or to his
valet, or to the valet of his valet: or if I an't to
day
Identifier: | JB/087/113/001 "JB/" can not be assigned to a declared number type with value 87.
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