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This is not unlike our own municipal magistracy, wherein are the mayor, aldermen and common councilmen or councillors. With us, however, aldermen could hardly be called the colleagues of the mayor. This functionary stands alone in his worshipful dignity. The first nomination of the members of this municipal body was reserved to the Pope.
Least of all could the new monarchy attach itself to the consulship, just on account of the collegiate character that could not well be separated from this office; Caesar also evidently laboured to degrade this hitherto supreme magistracy into an empty title, and subsequently, when he undertook it, he did not hold it through the whole year, but before the year expired gave it away to personages of secondary rank.
To sum up, Montesquieu wants the magistracy to be partly hereditary, and partly recruited from the wealthy classes, an independent, aristocratic body analogous to the army or the clergy, administering justice with that technical efficiency which university standards can guarantee, and with the moral efficiency which is founded on independence, dignity, public spirit and impartiality.
Among his patients was the child of the Shiek's daughter for even this poor, ragged handful of sores and sin has its royal Shiek a poor old mummy that looked as if he would be more at home in a poor-house than in the Chief Magistracy of this tribe of hopeless, shirtless savages.
But if the answers of oracles, the providence of the gods, and the tenderness and affection of parents to their issue, if civil policy, military order, and the office of magistracy be things to be looked upon as deservedly esteemed and celebrated, it must of necessity then be allowed also, that they that tell us it is none of their business to preserve the Greeks, but they must eat and drink so as not to offend but pleasure their stomachs, are base and ignominious persons, and that their being reputed such must needs extremely humble them and make their lives untoward to them, if they take honor and a good name for any part of their satisfaction.
He reached the end of his magistracy almost satisfied with himself, having accomplished what he had promised himself, and much more than he had promised others. The letter lately discovered by M. Horace de Viel-Castel corroborates the chapter in which Montaigne exhibits and criticises himself in the period of his public life. "That letter," says M. Payen, "is entirely on affairs.
The remnant of the feudal system had succumbed with the Duke of Montmorency under Richelieu; France knew not the way to profit by the elements of courage, disinterestedness, and patriotism offered her by her magistracy; she had the misfortune to be delivered over to noisy factions of princes and great lords, ambitious or envious, greedy of honors and riches, as ready to fight the court as to be on terms with it, and thinking far more of their own personal interests than of the public service.
Snivel, you have an instrument of that debased magistracy which triumphs over the weak, that sits in ignorance and indolence, that invests the hypocritical designer with a power almost absolute, that keeps justice muzzled on her throne the natural offspring of that demon-making institution that scruples not to brunt the intellect of millions, while dragging a pall of sloth over the land.
He spoke manfully and well, characterizing the summary deposition of the magistracy as illegal and unnecessary, recalling to the memory of those who heard him that he had been thirty-six years long a member of the government and always a warm friend of the House of Nassau, and respectfully submitting that the small minority in the municipal government, while differing from their colleagues and from the greater number of the States-General, had limited their opposition to strictly constitutional means, never resorting to acts of violence or to secret conspiracy.
To a deputation of the magistracy of Antwerp, who came with a prayer for mercy in behalf of some of their most distinguished fellow-citizens, then in prison, the Duke gave a most passionate and ferocious reply. He expressed his wonder that the citizens of Antwerp, that hotbed of treason, should dare to approach him in behalf of traitors and heretics.
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