supreme power must be placed somewhere; but they say, that it is unjust that where all are equal one person
But it seems unlikely that man should be able to adjust that which the law cannot determine; it may be replied, that the law having laid down the best rules possible, leaves the adjustment and application of particulars to the discretion of the magistrate; besides, it allows anything to be altered which experience proves may be better established.
Moreover, he who would place the supreme power in mind, would place it in God and the laws; but he who entrusts man with it, gives it to a wild beast, for such his appetites sometimes make him; for passion influences those who are in power, even the very best of men: for which reason law is reason without desire.
The instance taken from the arts seems fallacious: wherein it is said to be wrong for a sick person to apply for a remedy to books, but that it would be far more eligible to employ those who are skilful in physic; for these do nothing contrary to reason from motives of friendship but earn their money by curing the sick, whereas those who have the management of public affairs do many things through hatred or favour. And, as a proof of what we have advanced, it may be observed, that whenever a sick person suspects that his physician has been persuaded by his enemies to be guilty of any foul practice to him in his profession, he then rather chooses to apply to books for his cure: and not only this [1287b] but even physicians themselves when they are ill call in other physicians: and those who teach others the gymnastic exercises, exercise with those of the same profession, as being incapable from self-partiality to form a proper judgment of what concerns themselves. From whence it is evident, that those who seek for what is just, seek for a mean; now law is a mean. Moreover; the moral law is far superior and conversant with far superior objects than the written law; for the supreme magistrate is safer to be