International law; Natural law; War (International law)
Again the states general, that is the convention of those who represent
the people, divided into classes according to Gunther, consist of three
orders, which are the Prelates, the Nobles, and Deputies of large
towns. In some places, they serve as a greater council to the king, to
communicate to him the complaints of his people, which might otherwise
be kept from his ears; leaving him at the same time full liberty to
exercise his own discretion upon the matters so communicated. But in
other places they form a body with power to inquire into the prince's
measures, and to make laws.
Many think that in order to know whether a prince be sovereign or not,
it is proper to inquire whether his title to the crown is by election
or inheritance. For they maintain that hereditary monarchies alone
are sovereign. But this cannot be received as a general criterion.
For sovereignty consists not merely in the TITLE to the throne, which
only implies that the successor has a right to all the privileges and
prerogatives that his ancestors enjoyed, but it by no means affects the
nature or extent of his powers. For right of election conveys all the
powers, which the first election or appointment conferred. Among the
Lacedaemonians the crown was hereditary even after the institution of
the Ephori. And Aristotle describing the chief power of such a state,
says, "Of these kingdoms, some are hereditary, and others elective."
In the heroic times most of the kingdoms in Greece were of this
description, as we are informed by Thucydides. The Roman empire, on the
contrary, even after the power of the Senate and people was abolished,
was given or confirmed by election.
XI. Another caution is necessary. For to inquire into the matter of a
right is not the same thing as to examine the nature of its tenure. A
distinction which takes place not only in corporeal but in incorporeal
possessions. For a right of passage or carriage through a ground is
no less a right than that which entitles a man to the possession of
the land itself. Now some hold these privileges by a full right of
property, some by an usufructuary, and others by a temporary right.
Thus the Roman Dictator had sovereign power by a temporary right. In
the same manner kings, both those who are the first of their line
elected to the throne, and those who succeed them in the lawful order,
enjoy an usufructuary right, or inalienable right. But some sovereigns
hold their power by a plenary right of property; when for instance it
comes into their possession by the right of lawful conquest, or when
a people, to avoid greater evils, make an unqualified surrender of
themselves and their rights into their hands.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account