5. The Civil law is clear, that the laws of the Emperor have force only from this fountain, because the People have transferred their power to the King. Lib. 1. digest. tit. 4. de constit. Princip. leg. 1. sic Ulpian. Quod Principi placuit, (loquitur de Principe formaliter, qua Princeps est, non qua est homo) legis habet vigorem, utpote cum lege ⟨p. 209⟩Regia, quae de imperio ejus lata est. populus •i, & in eum, omne suum imperium & potestatem conferat. Yea, the Emperor himself may be convened before the Prince Elector. Aurea Bulla Carol. 4. Imper. c. 5. The King of France may be convened before the Senate of Paris. The States may resist a Tyrant, as Bossius saith, de Principe, & privileg. ejus, n. 55. Paris de puteo, in tract. syno. tit. de excess. Reg. c. 3. Divines acknowledge that Elijah rebuked the halting of Israel betwixt God and Baal, that their Princes permitted Baals Priests to converse with the King. And is not this the sin of the Land, that they suffer their King to worship Idols? and therefore the Land is punished for the sins of Manasseh, as Knox observeth in his Dispute with Lethington, where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Mass: Hist. of Scotland, l. 4. p. 379. edit. an. 1644. Surely the power or Sea-Prerogative of a sleepy or mad Pilot to split the1 ship on a rock, as I conceive, is limited by the Passengers. Suppose a father, in a distemper, would set his own house on fire, and burn himself, and his ten sons; I conceive, his Fatherly prerogative, which neither God nor Nature gave, should not be looked to in this; but they may bind him. Yea, Althusius, polit. c. 39. n. 60. answering that, That in Democracy the people cannot both command and obey; saith, It is true, secundum idem, ad idem, & eodem tempore: But the people may (saith he) choose Magistrates by succession. Yea, I say, 1. they may change Rulers yearly, to remove envy: A yearly King were more dangerous, the King being almost above envy; Men incline more to flatter then to envy Kings. 2. Aristotle saith, polit. l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest.
5. The Civil law is cleare, that the laws of the Emperor have force only from this fountaine, because the People have transferred their power to the King. Lib. 1. digest. tit. 4. de constit. Princip. leg. 1. sic Ʋlpian. Quod Principi placuit, (loquitur de Principe formaliter, qua Princeps est, non qua est homo) legis habet vigorem, utpote cum lege ⟨p. 209⟩Regia, quae de imperio ejus lata est. populus •i, & in eum, omne suum imperium & potestatem conferat. Yea, the Emperour himselfe may be conveened before the Prince Elector. Aurea Bulla Carol. 4. Imper. c. 5. The King of France may be conveened before the Senate of Paris. The States may resist a Tyrant, as Bossius saith, de Principe, & privileg. ejus, n. 55. Paris de puteo, in tract. syno. tit. de excess. Reg. c. 3. Divines acknowledge that Elias rebuked the halting of Israel betwixt God and Baal, that their Princes permitted Baals Priests to converse with the King. And is not this the sinne of the Land, that they suffer their King to worship Idols? and therefore the Land is punished for the sinnes of Manasseh, as Knox observeth in his Dispute with Lethington, where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Masse: Hist. of Scotland, l. 4. p. 379. edit. an. 1644. Surely the power or Sea-Prerogative of a sleepie or mad Pilot to split the1 ship on a rock, as I conceive, is limited by the Passengers. Suppose a father, in a distemper, would set his own house on fire, and burne himselfe, and his ten sonnes; I conceive, his Fatherly prerogative, which neither God nor Nature gave, should not be looked to in this; but they may binde him. Yea, Althusius, polit. c. 39. n. 60. answering that, That in Democracie the people cannot both command and obey; saith, It is true, secundum idem, ad idem, & eodem tempore: But the people may (saith he) choose Magistrates by succession. Yea, I say, 1. they may change Rulers yearely, to remove envie: A yearely King were more dangerous, the King being almost above envie; Men incline more to flatter then to envie Kings. 2. Aristotle saith, polit. l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest.
- 1Prerogative Royal, warranteth not the Prince to destroy himself; nor is the people to permit him to cooperat for destruction to themselves.Prerogative Royall, warranteth not the Prince to destroy himselfe; nor is the people to permit him to cooperat for destruction to themselves.
