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CICERO was recalled by the comitia centuriata, though banished by the tributa, that is, by a plebiscitum. But his banishment, we may observe, never was considered as a legal deed, arising from the free choice and inclination of the people. It was always ascribed to the violence alone of CLODIUS, and to the disorders introduced by him into the government.
II.X.14
III. The third custom, which we purpose to remark, regards ENGLAND, and though it be not so important as those which we have pointed out in ATHENS and ROME, is no less singular and unexpected. It is a maxim in politics, which we readily admit as undisputed and universal, that a power, however great, when granted by law to an eminent magistrate, is not so dangerous to liberty, as an authority, however inconsiderable, which he acquires from violence and usurpation. For, besides that the law always limits every power which it bestows, the very receiving it as a concession establishes the authority whence it is derived, and preserves the harmony of the constitution. By the same right that one prerogative is assumed without law, another may also be claimed, and another, with still greater facility; while the first usurpations both serve as precedents to the following, and give force to maintain them. Hence the heroism of HAMPDEN'S conduct,*14 who sustained the whole violence of royal prosecution, rather than pay a tax of twenty shillings, not imposed by parliament; hence the care of all ENGLISH patriots to guard against the first encroachments of the crown; and hence alone the existence, at this day, of ENGLISH liberty.