Front Page Titles (by Subject) CHAP. VI.: That, in Monarchies, Ministers ought not to sit as Judges. - Complete Works, vol. 1 The Spirit of Laws
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CHAP. VI.: That, in Monarchies, Ministers ought not to sit as Judges. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws 
The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.
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That, in Monarchies, Ministers ought not to sit as Judges.
IT is, likewise, a very great inconveniency, in monarchies, for the ministers of the prince to sit as judges. We have still instances of states where there is 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 is requisite, and an indifference, in some measure, to all manner of affairs.