Page:The Works of the Rev. Jonathan Swift, Volume 11.djvu/452

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440
LETTERS TO AND FROM

chapter; as it does, where his consent to any thing there treated of is expressly required before it can pass into an act. Where, indeed, he is allowed such a negative, he is generally allowed to make all proposals; because it would be to no purpose for any one to make a proposition which he can quash by a dissent: but this is not, I say, a matter of right, but prudence.

Upon the whole, the best advice I can give you, is, whatever your powers are by statute or usage, not to insist on them too strictly in either of the cases mentioned by you, unless you are very sure of the favour and countenance of your visitor. The lawyers, you will find, whenever such points come before them for a decision, are very apt to disregard statutes and custom in such cases; and to say that their books make the act of the majority of the corporation the legal act of the body, without considering whether the dean be among the minority or not. And therefore your utmost dexterity and address will be necessary, in order to prevent such a trial of your right at common law; which, it is ten to one (especially as things now stand) will go against you. If the refractory part of your chapter are stout, and men of any sense, or supported underhand, (the last of these is highly probable) you had better make use of expedients to decline the difficulty, than bring it at present to a decision. These are the best lights, and this the best advice, I can give you, after a long experience of the natural consequence of such struggles, and a careful search into the foundation of the powers and privileges claimed and disputed on the one side and the other. I wish I could say any thing

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