there lies a grand Secret of Liberty and good Government.
The Reason is evident; because if the Law makers (who
ever have the suprem Power) should be also the constant
Administrators and Dispensers of Law and Justice, then by
consequence the People would be left without remedy, in
case of Injustice, since no Appeal can lie under heaven against
such as have the Supremacy. Which if once admitted, were
inconsistent with the very intent and naturall impart of true
Policie; which ever supposeth that men in power may be unrighteous,
and therefore (presuming the worst)points alwaies,
in all determinations, at the enormities and the Remedies of
Government, on the behalf of the People.
For the clearing of this, it is worthy your observation; that
in all Kingdomes and States whatsoever, where they have
had any thing of Freedom among them, the Legislative and
Executive Powers have been mannaged in distinct hands.
That is to say, the Law makers have set down Laws as rules
of Gouernment, and then put power into the hands of others
(not their own) to govern by those rules; by which meanes
the People were happy having no Gouerners, but such as
were liable to give an Accompt of their gouernment to the
Suprem Councell of Law makers. And on the other side, it is
no less worthy of a very serious observation; that kings, and
standing States never became absolute over the People, till
they brought both the making and execution of Laws into
their own hands; and as this Vsurpation of theirs tooke place
by degrees, so Vnlimited arbitrary Power crept up into the
Throne, there to dominere o're the world, and defie the
Liberties of the People.
Cicero, in his second Book de Office and his third de Legibus,
speaking of the first institution of Kings, tells us, how
they were at first left to govern at their own discretion, without
Laws; Then their wills were law and their words were
law; the making and execution of Laws was in one and the
same hands. But what was the Consequence? Nothing but
injustice, and injustice without remedy, till the People were
taught by necessity to ordain Laws, as Rules whereby they