§ 5. On the Legislator

209. There is a twofold genus of legislators. For some, as the Pope, a bishop, a monarch properly so called, enjoy absolute authority. Others, as senators, deputies, and the king himself in representative government, make one moral body, by which legislative power is exercised. Hence it is established:

I. In representative States, such as republics and constitutional kingdoms, the legislators and the president of the government himself are subjected to laws made by common counsel and will. And the reason is, because the legislator is properly not the singular person, but the moral body itself, which is superior to any member. The same holds for Bishops, with respect to laws which have been established in a provincial or general Council.

II. In the Church and in a pure monarchy, a singular legislator is not properly held to his own laws; because he is subject neither to himself nor to his predecessors.

He is not held to them: 1. neither as to coercive force, because no one is coerced by himself, and from another source it is repugnant that a Superior be judged or punished by an inferior; 2. nor as to preceptive force, because no one owes obedience to himself.

Nevertheless he is held as to directive force and indirectly, as the natural law proclaims, insofar namely as, from a certain equity, he ought to conform himself as head to the members. But it is probable, scandal being set aside, that he is held only under light matter. Yet this is limited if the law has been made concerning the taxing of a price, or concerning the invalidation of a contract; for even the prince is held to stand by such a law, lest he wound justice (I, 154; H. Ap., II, 28). See what Lehmkuhl has, I, n. 237.