Men who have tasted of freedom, and who have felt their personal rights, are not easily taught to bear with encroachments on either, and cannot, without some preparation, come to submit to oppression. They may receive this unhappy preparation under different forms of government, from different hands, and arrive at the same end by different ways. They follow one direction in republics, another in monarchies and in mixed governments. But wherever the state has, by means that do not preserve the virtue of the subject, effectually guarded his safety; remissness, and neglect of the public, are likely to follow; and polished nations of every description, appear to encounter a danger, on this quarter, proportioned to the degree in, which they have, during any continuance, enjoyed the uninterrupted possession of peace and prosperity. Liberty results, we say, from the government of laws; and we are apt to consider statutes, not merely as the resolutions and maxims of a people determined to be free, not as the writings by which their rights are kept on record; but as a power erected to guard them, and as a barrier which the caprice of man cannot transgress. When a basha, in Asia, pretends to decide every controversy by the rules of natural equity, we allow that he is possessed of discretionary powers. When a judge in Europe is left to decide, according to his own interpretation of written laws, is he in any sense more restrained than the former? Have the multiplied words of a statute an influence over the conscience and the heart, more powerful than that of reason and nature? Does the party, in any judicial proceeding, enjoy a less degree of safety, when his rights are discussed, on the foundation of a rule that is open to the understandings of mankind, than when they are referred to an intricate system, which it has become the object of a separate profession to study and to explain? If forms of proceeding, written statutes, or other constituents of law, cease to be enforced by the very spirit from which they arose; they serve only to cover, not to restrain, the iniquities of power: they are possibly respected even by the corrupt magistrate, when they favour his purpose; but they are contemned or evaded, when they stand in his way: and the influence of laws, where they have any real effect in the preservation of liberty, is not any magic power descending from shelves that are loaded with books, but is, in reality, the influence of men resolved to be free; of men who, having adjusted in writing the terms on which they are to live with the state, and with their fellow subjects, are determined, by their vigilance and spirit, to make these terms be fulfilled.