Book XI.
Chap. 6.But if the legislative power in a free government has no right to stay the executive, it has a right and ought to have the means of examining in what manner its laws have been executed; an advantage which this government has over that of Crete and Sparta, where the Cosmi and the Ephuri gave no account of their administration.
But whatever may be the issue of that examination, the legislative body ought not to have a power of judging the person, nor of course the conduct of him who is intrusted with the executive power. His person should be sacred, because as it is necessary for the good of the state to prevent the legislative body from rendering themselves arbitrary, the moment he is accused or tried, there is an end of liberty.
In this case the state would be no longer a monarchy, but a kind of republican, though not a free, government. But as the person intrusted with the executive power cannot abuse it without bad counsellors, and such as hate the laws as ministers, though the laws favour them as subjects; these men may be examined and punished. An advantage which this government has over that of Gnidus, where the law allowed of no such thing as calling the Amymones[1] to an account, even after their administration[2]; and therefore the people could never obtain any satisfaction for the injuries done them.
Though in general the judiciary power ought not to be united with any part of the legislative, yet
