6.5. 5. That in Monarchies Ministers ought not to sit as Judges.
It is likewise a very great inconvenience in monarchies for the
ministers of the prince to sit as judges. We have still instances of
states where there are a great number of judges to decide exchequer
causes, and where the ministers nevertheless (a thing most incredible!)
would fain determine them. Many are the reflections that here arise; but
this single one will suffice for my purpose.
There is in the very nature of things a kind of contrast between a
prince's council and his courts of judicature. The king's council ought
to be composed of a few persons, and the courts of judicature of a great
many. The reason is, in the former, things should be undertaken and
conducted with a kind of warmth and passion, which can hardly be
expected but from four or five men who make it their sole business. On
the contrary, in courts of judicature a certain coolness in requisite,
and an indifference, in some measure, to all manner of affairs.
