Utopia by Saint Sir Thomas More
page 30 of 118 (25%)
page 30 of 118 (25%)
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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 licences 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 through 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 above all law, and to which a religious judge ought to have a special regard. Thus all consent to that maxim of Crassus, that a prince cannot have treasure enough, since he must maintain his armies out of it; that a king, even though he would, can do nothing unjustly; that all property is in him, |
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