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<p>It has been held, both <lb/>by our common lawyers <lb/>& civilians, that an <lb/> <sic>embassador</sic> is privileged <lb/>by the law of nature & <lb/>nations; & yet, if he <lb/>commits any offence <lb/>against the law of reason <lb/>& nature, he shall lose <lb/>his privilege. | |||
I 246 </p> | |||
<head>13</head> | |||
<p>All municipal laws <lb/>act in subordination to <lb/>the primary law of <lb/>nature. I 167 </p> | |||
<head>14</head> | |||
<p>It is held by all the <lb/>writers on the law of <lb/>nature and nations, <lb/>that the right of making <lb/>war, which by nature <lb/>subsisted in every individual, <lb/>is given up <lb/>by all private persons <lb/>that enter into society, & <lb/>is vested in the sovereign<lb/> power. I 249 </p> | |||
<head>15</head> | |||
<p>Custom of reprisals <lb/>seems dictated by nature <lb/>herself. I 251 </p> | |||
<pb/> | |||
15 July 1804
1
By law pars the person
of the king is sacred,
even though the measures
pursued in his reign be
completely tyrannical &
abitrary: for no jurisdiction
upon earth has
power to try him in a
criminal way. I 235
2
For the end of such
action [an action against
the king] is not to compel
the prince to observe the
contract, but to pursuade him. I. 236
+3
The king Maxim in ...
law ... the king himself
can do no wrong. I 237.
4
As to such public oppressions
as tend to dissolve
the constitution,
& subvert the fundamentals
of government, they are cases which the law
will not, out of decency,
suppose; being incapable
of distrusting those, whom
it has invested with
any part of the supreme
power. I 237.
5
The supposition of law
.... is, that neither the
king nor either house of
parliament (collectively
taken) is capable of doing
any wrong. I 237
6
The law ... ascribes
to the king, in his political
capacity, absolute perfection.
The king can do no wrong. I 238
7
The prerogative of
the crown extends not to
do any injury: it is
created for the benefit
of the people, & therefore
cannot be exerted to their
prejudice. I 239
8
The king ... is not only
incapable of doing wrong,
but even of thinking
wrong: he can never mean
to do an improper thing:
in him is no folly or
weakness. I 239
---page break---
9
The law ... determines
that in the king can be
no negligence. I 260
Neither can the king Title in under yr
in judgment of law, as
king, ever be a minor
or under age. I 261
10
A third attribute of
the king's majesty is his
perpetuity. The law ascribes
to him, in his
political capacity, an
absolute immortality.
The king never dies.
I 242.
Law of Nation 11
The rights, the powers,
the duties, & the privileges
of embassadors are determined
by the law of
nature and nations. I 246.
12
It has been held, both
by our common lawyers
& civilians, that an
embassador is privileged
by the law of nature &
nations; & yet, if he
commits any offence
against the law of reason
& nature, he shall lose
his privilege.
I 246
13
All municipal laws
act in subordination to
the primary law of
nature. I 167
14
It is held by all the
writers on the law of
nature and nations,
that the right of making
war, which by nature
subsisted in every individual,
is given up
by all private persons
that enter into society, &
is vested in the sovereign
power. I 249
15
Custom of reprisals
seems dictated by nature
herself. I 251
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