Page:Montesquieu - The spirit of laws.djvu/273

Rh which they arc absolutely incapable. They ought to have no hand in the government but for the chusing of representatives, which is within their reach. For though few can tell the exact degree of mens capacities, yet there are none but are capable of knowing in general whether the person they chuse is better qualified than most of his neighbours.

Neither ought the representative body to be chosen for active resolutions, for which it is not so fit; but for the enacting of laws, or to see whether the laws already enacted be duly executed, a thing they are very capable of, and which none indeed but themselves can properly perform.

In a state there are always persons distinguished by their birth, riches, or honors: but were they to be confounded with the common people, and to have only the weight of a single vote like the rest, the common liberty would be their slavery, and they would have no interest in supporting it, as most of the popular resolutions would be against them. The share they have therefore in the legislature ought to be proportioned to the other advantages they have in the state; which happens only when they form a body that has a right to put a stop to the enterprizes of the people, as the people have a right to oppose any encroachment of theirs.

The legislative power is therefore committed to the body of the nobles, and to the body chosen to represent the people, which have each their assemblies and deliberations apart, each their separate view and interests.

Of the three powers above-mentioned the judiciary is in some measure next to nothing. Rh