"Of the Liberty of the Press" - читать интересную книгу автора (Hume David) as that of HOLLAND, where there is not magistrate so eminent
as to give jealousy to the state, there is no danger in intrusting the magistrates with large discretionary powers; and though many advantages result from such powers, in preserving peace and order, yet they lay a considerable restraint on men's actions, and make every private citizen pay a great respect to the government. Thus it seems evident, that the two extremes of absolute monarchy and of a republic, approach near to each other in some material circumstances. In the first, the magistrate has no jealousy of the people: in the second, the people have none of the magistrate: Which want of jealousy begets a mutual confidence and trust in both cases, and produces a species of liberty in monarchies, and of arbitrary power in republics. To justify the other part of the foregoing observation, that, in every government, the means are most wide of each other, and that the mixtures of monarchy and liberty render the yoke either more easy or more grievous; I must take notice of a remark in TACITUS with regard to the ROMANS under the emperors, that they neither could bear total slavery nor total liberty, Nec totam sevitutem, nec totam libertatem pati possunt. This remark a celebrated poet has translated and applied to the ENGLISH, in his lively description of queen ELIZABETH's policy and government, Et fit aimer son joug a 'l Anglois indompte, Qui ne peut ni servir, ni vivre en liberte. According to these remarks, we are to consider the ROMAN government under the emperors as a mixture of despotism and liberty, where the despotism prevailed; and the ENGLISH government as a mixture of the same kind, where the liberty predominates. The consequences are conformable to the foregoing observation; and such as may be expected from those mixed forms of government, which beget a mutual watchfulness and jealousy. The ROMAN emperors were, many of them, the most frightful tyrants that ever disgraced human nature; and it is evident, that their cruelty was chiefly excited by their jealousy, and by their observing that all the great men of ROME bore with impatience the dominion of a family, which, but a little before, was no wise superior to their own. On the other hand, as the republican part of the government prevails in ENGLAND, though with a great mixture of monarchy, it is obliged, for its own preservation, to maintain a watchful jealousy over the magistrates, to remove all discretionary powers, and to secure every one's life and fortune by general and inflexible laws. No action must be deemed a crime but what the law has plainly determined to be such: No crime must be imputed to a man but |
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