Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/162

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146
The Rights
Book I.

Chapter the second.

Of the Parliament.

We are next to treat of the rights and duties of perſons, as they are members of ſociety, and ſtand in various relations to each other. Theſe relations are either public or private: and we will firſt conſider thoſe that are public.

The moſt univerſal public relation, by which men are connected together, is that of government; namely, as governors and governed, or, in other words, as magiſtrates and people. Of magiſtrates alſo ſome are ſupreme, in whom the ſovereign power of the ſtate reſides; others are ſubordinate, deriving all their authority from the ſupreme magiſtrate, accountable to him for their conduct, and acting in an inferior ſecondary ſphere.

In all tyrannical governments the ſupreme magiſtracy, or the right both of making and of enforcing the laws, is veſted in one and the ſame man, or one and the ſame body of men; and wherever theſe two powers are united together, there can be no public liberty. The magiſtrate may enact tyrannical laws, and execute them in a tyrannical manner, ſince he is poſſeſſed, in quality of diſpenſer of juſtice, with all the power which he as legiſlator thinks proper to give himſelf. But, where the legiſlative and executive authority are in diſtinct hands, the former will take care not to entruſt the latter with ſo large a power, as may tend to the ſubverſion of it’s own independence, and therewith of the liberty of the ſubject. With us therefore in England this

ſupreme