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Ideal Commonwealths by Unknown
page 76 of 277 (27%)
by all the subjects, so they had been also broken by them; and proposes
the levying the penalties of these laws, that as it would bring in a
vast treasure, so there might be a very good pretence for it, since it
would look like the executing a law, and the doing of justice. A fourth
proposes the prohibiting of many things under severe penalties,
especially such as were against the interest of the people, and then the
dispensing with these prohibitions upon great compositions, to those who
might find their advantage in breaking them. This would serve two ends,
both of them acceptable to many; for as those whose avarice led them to
transgress would be severely fined, so the selling licenses dear would
look as if a prince were tender of his people, and would not easily, or
at low rates, dispense with anything that might be against the public
good. Another proposes that the judges must be made sure, that they may
declare always in favour of the prerogative, that they must be often
sent for to Court, that the king may hear them argue those points in
which he is concerned; since how unjust soever any of his pretensions
may be, yet still some one or other of them, either out of contradiction
to others, or the pride of singularity, or to make their court, would
find out some pretence or other to give the king a fair colour to carry
the point: for if the judges but differ in opinion, the clearest thing
in the world is made by that means disputable, and truth being once
brought in question, the king may then take advantage to expound the law
for his own profit; while the judges that stand out will be brought
over, either out of fear or modesty; and they being thus gained, all of
them may be sent to the bench to give sentence boldly, as the king would
have it: for fair pretences will never be wanting when sentence is to be
given in the prince's favour. It will either be said that equity lies of
his side, or some words in the law will be found sounding that way, or
some forced sense will be put on them; and when all other things fail,
the king's undoubted prerogative will be pretended, as that which is
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