The other kind of royalty is a sort of
constitution; this we have now to consider, and briefly to run over
the difficulties involved in it. We will begin by inquiring whether it
is more advantageous to be ruled by the best man or by the best laws.
The advocates of royalty maintain that the laws speak only in
general terms, and cannot provide for circumstances; and that for
any science to abide by written rules is absurd. In Egypt the
physician is allowed to alter his treatment after the fourth day,
but if sooner, he takes the risk. Hence it is clear that a
government acting according to written laws is plainly not the best.
Yet surely the ruler cannot dispense with the general principle
which exists in law; and this is a better ruler which is free from
passion than that in which it is innate. Whereas the law is
passionless, passion must ever sway the heart of man. Yes, it may be
replied, but then on the other hand an individual will be better
able to deliberate in particular cases.
The best man, then, must legislate, and laws must be passed, but
these laws will have no authority when they miss the mark, though in
all other cases retaining their authority. But when the law cannot
determine a point at all, or not well, should the one best man or
should all decide? According to our present practice assemblies
meet, sit in judgment, deliberate, and decide, and their judgments
an relate to individual cases.
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