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Spinoza, Benedict De

"Political Treatise"

When, then, the council stands
adjourned till the appointed time, the counsellors of every clan will
meanwhile be able to debate the matter separately, and, if they think it
of great moment, to consult others that have been counsellors, or are
candidates for the council. And if within the appointed time the
counsellors of any clan cannot agree among themselves, that clan shall
lose its vote, for every clan can give but one vote. But, otherwise, let
the jurist of the clan lay before the council the opinion they have
decided to be best; and so with the rest. And if the majority of the
council think fit, after hearing the grounds of every opinion, to
consider the matter again, let the council be again adjourned to a date,
at which every clan shall pronounce its final opinion; and then, at
last, before the entire council, let the votes be taken, and that
opinion be invalidated which has not at least a hundred votes. But let
the other opinions be submitted to the king by all the jurists present
at the council, that, after hearing every party's arguments, he may
select which opinion he pleases. And then let the jurists leave him, and
return to the council; and there let all await the king at the time
fixed by himself, that all may hear which opinion of those proposed he
thinks fit to adopt, and what he decides should be done.
26. For the administration of justice, another council is to be formed
of jurists, whose business should be to decide suits, and punish
criminals, but so that all the judgments they deliver be tested by those
who are for the time members of the great council -- that is, as to
their having been delivered according to the due process of justice, and
without partiality.


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