Another proposes that the judges must be made sure, that they may declare always in favor 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 color 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 favor. It will either be said that equity lies on 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.

Labels: law, politics, quotes

# posted by Squach : 3:46 PM   |