Page:Montesquieu - The spirit of laws.djvu/309

Rh the senate had no longer an immediate inspection over the provinces, nor the magistrates residing at Rome were any longer capable of governing the empire, they were obliged to send prætors and proconsuls. Then it was that the harmony of the three powers was lost. Those who were sent on that errand, were intrusted with a power which comprehended that of all the Roman magistracies; nay, even that of the people. They were despotic magistrates, extremely proper for the distance of the places to which they were sent. They exercised the three powers; being, if I may presume to use the expression, the bashaws of the republic.

We have elsewhere observed that in a commonwealth the same magistrate ought to be possessed of the executive power, as well civil as military. To this it is owing that a conquering republic can hardly communicate her government, and rule the conquered state according to the form of her own constitution. In fact as the magistrate she sends to govern, is invested with the executive power, both civil and military, he must also have the legislative: for who is it that could make laws without him? He must likewise have the judiciary power: for who could pretend to judge independently of him? It is necessary therefore that the governor she sends be intrusted with the three powers, as was practised in the Roman provinces.

It is more easy for a monarchy to communicate its government, because the officers it sends, have, some the civil executive, and others the military executive power; which does not necessarily imply a despotic authority. Rh