International law; Natural law; War (International law)
VII. That power is called sovereign, whose actions are not subject to
the controul of any other power, so as to be annulled at the pleasure
of any other human will. The term ANY OTHER HUMAN WILL exempts the
sovereign himself from this restriction, who may annul his own acts,
as may also his successor, who enjoys the same right, having the same
power and no other. We are to consider then what is the subject in
which this sovereign power exists. Now the subject is in one respect
common, and in another proper, as the body is the common subject of
sight, the eye the proper, so the common subject of sovereign power is
the state, which has already been said to be a perfect society of men.
Now those nations, who are in a state of subjugation to another power,
as the Roman provinces were, are excluded from this definition. For
those nations are not sovereign states of themselves, in the present
acceptation of the word; but are subordinate members of a great
state, as slaves are members of a household. Again it happens that
many states, forming each an independent body, may have one head.
For political are not like natural bodies, to only one of which the
same head can belong. Whereas in the former, one person can exercise
the function of the head to many distinct bodies. As a certain proof
of which, when the reigning house has become extinct, the sovereign
power returns to the hands of the nation. So it may happen, that many
states may be connected together by the closest federal union, which
Strabo, in more places than one calls a system, and yet each retain the
condition of a perfect, individual state, which has been observed by
Aristotle and others in different parts of their writings. Therefore
the common subject of sovereign power is the state, taken in the sense
already explained. The proper subject is one or more persons according
to the laws and customs of each nation. This is called by Galen in the
sixth book DE PLACITIS HIPPOCRATE ET PLATONIS, the first power of the
state.
VIII. And here is the proper place for refuting the opinion of those,
who maintain that, everywhere and without exception, the sovereign
power is vested in the people, so that they have a right to restrain
and punish kings for an abuse of their power. However there is no man
of sober wisdom, who does not see the incalculable mischiefs, which
such opinions have occasioned, and may still occasion; and upon the
following grounds they may be refuted.
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