The Sovereign Power of Parliaments and Kingdoms, Appendix (1 of 4)

The Sovereign Power of Parliaments and Kingdoms · Appendix (1 of 4)

p. 1AN APPENDIX: Manifesting by sundry Histories and Authors, that in the ancient Roman Kingdome and Empire; in the Greek and German Empires, derived out of it; in the old Graecian, Indian, Aegytian Realmes; in the Kingdomes of France, Spaine, Italy, Hungary, Bohemia, Denmarke, Poland, Sweden, Scotland, yea, of Iudah, Israel, and others mentioned in the Scripture; the Supreame Soveraignty and Power, resided not in the Emperours and Kings themselves, but in their Kingdomes, Senates, Parliaements, People, who had not on…y a power to restrain, but censure and remove their Emperours. and Princes for their Tyranny and misgovernmen….

With an Answer to the Principal Arguments, to prove Kings above their whole Kingdomes and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exerbitant Actions.

HAving finished the preceding Treatise; which asserts, The Supreame Authority and Soveraigne Power in the Realme of England, legally and really to reside in the whole Kingdome, and Parliament, which represents it, not in the Kings Person, who is inferiour to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People (who preach little else but Tyranny to the one, and Slavery to the other, to support their owne Lordly Prelacy, and hinder an exact Church Reformation) and directly opposite to the resolutions of many malignant Courtiers, Lawyers, and Counsellours about His Majesty; who have either out of ignorance or malice, created him a new Utopian absolute Royall Prerogative, unknowne to our Ancestors, not bottomed on the Lawes of God or the Realm; for maintenance of each Punctilio whereof, against the Parliaments pretended Encroachments, the whole Kingdome must be engaged in a destructive civill Warre, now like to ruine it: I could not but conjecture, how in all probability these Clergy men, Courtiers and Lawyers, out of their unskilfulnesse in true Divinity, History, Law, and Policy would upon the first tydings of this strange Doctrine, passe a sentence of Excommunication and death against it, as guilty not onelyonly of Heresie, but High Treason; and judge it such a monstrous Antimonarchicall Paradox as was never heard of in, much lesse claimed or practised by any Kingdome, Realm, or Monarchy whatsoever: To anticipate which rash censures, and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point, to their prejudices, convince the consciences of all gainsaying Malignants, irradiate this long obscured verity, whose seasonable discovery, may through Gods blessing, conduce very much to period the present p. 2Differences between King and Parliament, touching matters of Prerogatives and Priviledges claimed by either; I conceived it, not only expedient but necessary, to back the forecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies (in which it is not mannerly to be overbusie without just cause) which I have faithfully (though suddenly) collected out of the best approved Authors and Historians; whereby I shall infallibly prove, that in the Roman State and Empire at the first, in the Greek Empire since, in the German Empire heretofore and now; in the ancient Kingdomes of Greece, Egypt, India, and elsewhere; in the Kingdomes of France, Spaine, Hungary, Bohemia, Denmarke, Sweden, Poland, Scotland, and most other Kingdomes in the world, (yea in the Kingdomes of Iudah and Israel, and others mentioned in Scripture) the Highest Soveraigne Authority, (both to elect, continue, limit, correct, depose their Emperours and Kings, to bound their royall power and prerogatives, to enact Lawes, create new Offices and formes of Government) resided alwayes in these whole Kingdomes, Senates, Dyets, Parliaments, People, not in the Emperors, Kings, or Princes persons. I shall begin with the Roman State, as having much affinity with ours, **See Camb. Br. Math. Westm. Polychr, Fa…i…n, Holinsh. speed. Gra…ton, Grim…on.which was long under their command heretofore.

After the building of Rome by Romulus and Remus, aaLivy, Rom. Hist. l. 1. Plut. Romul & Numa Pomp. Dionys. Hal… Antiq. Rom. l. … Munster Cosmogr. l. 2. c. 60. p. 280.Romulus being elected King, divided the people into two Rankes; those of the highest and richest quality, he stiled Senators, making them a Court of Counsell and Iustice, much like our House of Peeres; the other he termed The People, being the body of the State, and representing our House of Commons. In this distinction, made by the Peoples consent, the Soveraigne Authority to elect Succeeding Kings, to enact binding Lawes, to make warre, or peace, and the like; rested not in the Kings person, but in the Senate and people joyntly, if they accorded; yet principally in the people, in case either of assent or dissent between them; their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent.

To begin first with their Kings Election and Authority.bbPlutarchi Numa Pompil. Dionys. Hal. l. 2. sect. …. when Romulus their first King deceased, there arose a great controversie in Rome about the Election of a new King; for though they all agreed to have a King, yet who should chuse him, and out of what Nation he should be elected, was then controverted. In the Interim to avoid confusion, the Senators, being 150. divided the Regall power between them, so as every one in his turne in Royall Robes should doe Sacrifice to the Gods, and execute Justice six houres in the nighttime, and six houres in the day; which tended to preserve an equality among the Senators, and to diminish the envie of the people, when in the space of one night and day, they should see one and the same man, both a King and a private person. But the people disliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principallity, and divide it among themselves)ccLivie Rom. Hist. l. 1. p. 14. 15. Edit Francofurti, 60…. Di…nys. Hal. l. 2. sect. …. cried out, that their bondage was multiplyed having an hundred Lords made instead of one, neither would they suffer it any longer, unlesse they would admit a King, created by themselves: Hereupon the Senate, thinking it best to offer the people that, which they were like to lose, to gaine their favour, Summa potestate populo permissa, permitted to the people the chiefe power of Electing a King: but yet that they might not give away more right, then they deteined: they decreed, That when the people had commanded and elected a King, it should be ratified, if the Senators should approve it, or be reputed the authors of it: Then the Interex assembling the people, spake thus unto them: O Romans REGEM ELIGITE, chuse yea King: so the Senators thinke fit, and if he be one worthy to succeed p. 3Romulus, they will approve him. This was so gratefull to the people, that left they should be overcome with the benefit, they commanded, that the Senate should decree who should reigne at Rome. At last, Numa Pompilius was named; and none of the people or Senate daring to preferre any before him; all of them joyntly decreed, that the Kingdome should be conferred upon him. Whence Canubius the Tribune of the people in his Speech against the Consuls, long after, used these wordsddLivie Rom. hist, l 4. p. …4, 145. Numa Pompilius POPULI … JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifests, the chiefe power to be in the people. Numa departing,eeLivie, l. 1. p. …7. Dionys. Hal. l. 3. c. 10. Tullus Hostilius by the peoples command, consent and approbation was made King, which Livy thus expresseth; Tullum Hostilium REGEM POPULUS JUSSIT, patres auctores facti: After him, the people created Ancus Martius KingffLivie l. …. p. …5. Dronys Hal. l 3. c. 9. Regem POPULUS CREAVIT; patres fuêre auctores: After himggLivie l. … p, 28. Dionys. Hal. l. 3. c. 10. ingenti consensu Populus Romanus Tarquinium REGNARE JUSSIT: The People of Rome with great consent commanded Tarquin to reigne. But he dying; Servius having a strong Guard to defend himhhIbid, p, 32, Dionys Hal l. 4. c. 1, 2. primus injussupopuli, voluntate Patrum Regnavit, was the first that reigned without the command of the people, by the Senates consent; yet doubting his title for want of the peoples votes, and young Tarquin his Competitour, giving out speeches,iiIbid. se injussupopuli regnare, that he reigned without the peoples command; he thereupon so courted the Commons, by dividing the Lands he had taken from the enemies among them, that at last he appealed to the people, Vellent nolerintve se regnare? whether they would or would not have him reigne? tantique consensu, quanto haud quisquam alius ante rex est declaratus. But Tarquin the Proud affecting the Kingdome flew Servius; andkkIbid p. 36, 37, 8, 44 … ionys Hol…icar. l… 4. c. 5. to the end. Non Comitits habitis, non per suffragium populi, non auctoribus Patribus: without the Election of the people or Senate, usurped the Crowne; neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus auctoribus regnaret, writes Livy: Whereupon reposing no hope in the love of the people, he endeavoured to defend his usurped Soveraignty by force: to which purpose, he of himselfe, without the Senate or Counsell, tooke upon him the conusance of Capitall offences; and by colour hereof, not onelyonly to slay, banish, and plunder those whom hee suspected or hated, but even those from whom hee could expect nothing but prey. Then he lesseneth the number of the Senate to diminish their esteeme and power, and at last to subvert it. Hee was the first of Kings who dissolved the Custome used by all his Predecessours, De omnibus Senatum consulendi, of consulting with the Senate about all affaires, and administred the Common-wealth by his domesticke Counsels; making Warre, Peace, Truces, Leagues with whom he would, injussu populi & Senatus, without the peoples and Senates command; which Tyrannicall Usurpations of his, with his ravishing of Lucretia, caused Brutus and the incensed Romanes to rise up in Armes against him; deprive him of His Crowne, banish him, his Wife and Children, utterly to abolish the Kingly Government by a Decree, and to take a llLivie l. 1, p. 4…. 47. Dionys. Hal, l, 4, …, 10, l. 5. c. 1.solemne Oath, (lest afterward they might bee overcome by Royall intreaties or Gifts) That they would never suffer any King to Reigne in Rome: Which act of Brutus and the People is highly magnified by Livie andmmDe officiis l. 3. Tully. This done, the nnLivie l, 2. p. 47. Dionys. Halicar. l. 5, c. 1, 2.people created two annuall Consuls, who had the Power, but not the name and continuance of Kings, Annuum imperium consulare factum est: Brutus the first Consull was slaine, whilest hee was Consull, and Valerius his Companion being suspected by the People to affect the Kingdome, because hee demanded no new Companion: Valerius heereupon calls p. 4the people togetherooLivy ibid. p. 51, 52. Dio…ys. Hal. l. 5. c. 2, 3. layes downe his Fasces (the badges of his Soveraignty before them) which was a gratefull spectacle to the people, confessionemque factam; Populi quam Consulis Majestatem vimque majorem esse; and a confession made, that the People had greater Soveraignty and Power then the Consul, who yet had regall Jurisdiction. And then there were Lawes enacted, of appealing from the Consul or Magistrate to the people, and that hee should lose both his head and goods, who should but consult to usurp the Kingdome.

In briefe, it is clearly agreed byppAntiq. …om. l. 2. sect 2. p. 132, 133, 134. Dioxysius Halicarnasseus, qqHistoriae, l. 6, p. 529, 530, 534,Polibius, rrHist, l, 1, & 2, l, 27, p, 330,Livy, ssGe, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240,Alexander ab Alexandro, ttCom. weal, l, 1, c, 10,Bodin, (andvvRosi…us, Godwin, and others: and Mun…t, Cosmogr, l, 3, c, 60, p, 280, 281, & c, 16, p, 379, most who have written of the Roman Republike) that the Soveraigne Authority among the Romans, during their Kings, Consuls, Dictators, and other Magistrates, was originally vested, not in the Kings, Senate, Consuls, or other Magistrates, but in the whole body of the Senate, and People; the People had the chiefe Soveraigne Power of enacting and confirming Lawes, (the Senates Decrees and Lawes being of no validity, unlesse the People ratified them) of creating and electing Kings, Dictators, Tribunes, and all other great publike Officers; of denouncing warre, and making Peace: these Tribunes, and Dictators might restrain, curb, imprison, censure, depose the Roman Consuls (who had Regall Power) yea, the Roman Kings, Senators, and highest Officers; and to them the xxLiv, Hist, l, 8, p, 313, with the other forecited Authors.last appeale from King, Senate, or other Magistrate might be made, as to the highest Tribunall: they having power likewise toyyNobis eadem vi facitis irri…am, qua peperis…is, Liv, Hist, l, …, p, …50, change or annull the very frame of their publike Government, which they oft times did, as these Authors prove at large, to whom for brevity I referre the Reader. Yea, after the Roman Empire (the greatest, largest Soveraignty in the world) was erected, the Supream Power still rested in the Senate and People, not in the Emperors themselves, which zzCommon wealth, l, 2, c, 5, & l, 1, c, 10,Bodin grants and proves. This is clearly evident by these ensuing particulars: First, the Senate and People had sole right and lawfull power both to elect and confirme their Emperors, and to decree them new Honours, Titles, Triumphs; which power of election, though some Emperors in a sort usurped, by adopting their Successors, and the Roman Souldiers too, by presuming sometimes to elect Emperours without the Senate; yet these adoptions and elections were not held valid, unlesse the Senate approved and confirmed them, who usually elected all their Emperors, as of right, according to that of the Panegyrist, Imperaturum omnibus ex omnibus elegi debere; Plinius Panegyr. Trajano dictus, and Jacobus Valdesius, c. 18. This appeares by the election and confirmation of most Emperors fromaaSee Mun…, Cos…og, l, 2. c. 63 Gr…mstons imperiall Historie, Suetonius, Dion Cassius, Herodian, Eutropius, Zo…aras, Sabellicus, Chronicon Chronic…rum, Opmecrus, Speed and others in these Emperors l…ves, and others. Octavins to Leo the first, and more particularly by the Senates and Peoples election and confirmation of Nerva P…rtinax, Severus, Gordianus, Maximius P… pienus, Clodius B…lbinus, Philip, Decius, Trebo…ianus, Galienus, Claudius the second, Ta…itus, Probus, Iovinianus, Aurelius, and others. This right of the Senate was so cleare, thatbbGrim. impe. Hist. in his life, p. 3. 5. Muns…er Cosm. l. 2. c. 63. p. 296. after the death of Aurelian…, the Army sent word to the Senate, that (as reason was) they should chuse and name an Emperor, and that they would obey h…. After six months space (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earnestly r…fused the same as first, but in the …nd accepted thereof, to the great joy of the Senate and Roman people. After whose dec…ase ccGrim. impe. Hist. p. 208.Pr… bus, being chosen Emperor by the Legions and Army, he presently wrote a letter to the Senate, e…ousing himselfe for having accepted the Empire without their knowledge an… confirmation▪ whereupon the Senate confirmed his election with many blessings, gave him …he name of Augustus, Father of the Countrey; made him High Pri…st, and gav… him Tribunall Power and Authority.

p. 5(Secondly, This is manifest by the confessions, and Actions of the best Roman Emperours.ddCommentar. l. 23. f. 238. Volateranus writes of Trajan (theeeSee Eu…ropius, Sabellicus, Zonaras, Grimston, Munster, in his life: Paneg▪ Trojazo dictus. best heathen Emperor that Rome enjoyed, that he used to call the Senate, Father, but himselfe their Minister, or Servant of their labour; And that standing, he did reverence to the Consuls sitting, quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET, because he found by the Lawes he was inferior to them. WhenceffIn vita Trajani. Dion, ggEccles. Hist. l. 3. c. 23.Niciphorus, andhhHi…ory of Gr. …rit. p. 95. Speed record of him; that when he invested any Praetor or Commander, in giving him the sword, he openly commanded him before all, to use the same even against his owne person, if he governed not the Empire well, or violated Law and Equity; confessing thereby, that he was subject not only to the Lawes, but to the sword of Justice too in these Officers hands, in case he did offend, much more then to the Senate. I read of the EmperoriiGrimstons imperiall Hist. in his life, p. 181 Munst. Cosm. l. 2. c 63. Decius, elected by the Senate; that he preserved the authority of the Senate, (who compelled him to make his Sonne his companion in the Empire) following their Counsell in all matters of Government, governing all things with great wisdome and equity, by the advice and consent of the Senate, to the great contentment of all the Roman People; and going into Thracia against the Gothes, he left the Government in the hands of the Senate; permitting them to chuse a Censor at their pleasure, who had Supreme Iurisdiction over all men; which office some former Emperors had usurped; making themselves Censors. SokkGrimstons …mperiall Hist. p. 196. 205. Claudius the second, and Tacitus did nothing without the consent, advice, and counsell, of the Senate, either in matters of Warre or Peace. AndllHist. l. 6. p. 530. 531. Polybius writes expresly, That the Roman Emperors Counsels and purposes were efficatious, or invalid, at the pleasure of the Senate, which had power to remove or continue them, to encrease or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and that they could neither make warre, nor peace, nor truces, without the peoples consent. Their Emperors in truth, being but their chiefe Generals in their warres, at the first, in right.

Thirdly, They had power to create one, two, or more Emperors at once, as appeares in their election ofmmGrimston, ibid. p. 171. tom. 176. Munster Cosmogr. l 2. c. 63. Gordianus, the Father and Sonne to be Joint-Emperors at once, and of Maximius Pupienus, and Clodius Balbinus, and Gordianus, to be C…sars at once. And those who could thus create more Emperors then one, when they pleased, no doubt had a power above the Emperors.

Fourthly, They had a Soveraigue power, judicially to convent, censure, yea to depose, and adjudge their Emperours to death, for their tyranny and misgovernment: this appeares by the case of Nero, that wicked Emp…rour nnGrimston, Suetonius, Eutropius, Zo…ras Volateranus, Sabellicus, Math. Westm. Polychronicon, Opmeerus Ch…on Chronicorum, Speed, and others in his life.whom the Senate jud…cially deposed, condemned for his tyranny and misgovernment, as a publike enemy to the State, adjudging him to have his head fastned to a forke, and so to be publikely whipped to death, and then precipitated from a rock: upon which sentence he being sought for, and forsaken of all, to a voyd the execution of it, murthered himselfe with a poinyard. So whenooGrims…, …utropius, and others in his life. Domiti…n was slain, the Senate assembling the same day, caused all his Stat…es to be throune downe, and all the inscriptions and memorials of him to be cancelled, defaced; and elected Nerva Emperour. ppGrimston… imperia…l Hist. p. …60. M…nster Cosmog. l. 2. c. 63. p. 292.Didius Iulianus who purchased the Empire by bribing the Soldiers, comming to Rome with an Army, went to the Senate, where assembling such Senators as were present, by their decree he was proclaimed Emperour, and they presently made his Son in law Cornelius Repentin… Praetor of Rome, putting Sulpetianus out of that office, and from thence he was caried to the Imperiall Pallace, and held for Emperour, more through force, then good will of any honest men: But the people hateing, p. 6and cursing him; at last, a full Senate being assembled, by the common consent of all the Senators, it was decreed, that Iulianus should be deprived of the Empire, as a man unworthy to rule, and Severus proclaimed Emperour; to whom two of the principall Senators were sent to yeild him their obedience, with the Ensignes of the Empire, and Iulianus being generally abandoned, they commanded him to be slaine in his pallace. qqGrimson ib. p. 160. Aelii Lampridii Heling abalus, Zonaras, Sa…ellic. and others.Heliogabalus (that monster of wickednesse) was slaine by the praetorion Souldiers by the Senates and peoples approbation, who commanded he should no more be called Antoninus, and that in detestation of him, no other Emperour should after that be called by this name, and that he should be called Tiberinus, according to the manner of his death, his body being tyed to great stones, and sunke in Tiber, that it might never be found. SorrGrims…. in his life p. 170, to 174. …ith Iul. Capitol, Sabel…i…us, Munster, and others. Maximinus the Emperour oppressing, and Tyrannizing over the people, with great cruelty, was deposed by the Senate, and he, with his sonne (though already made Caesar, and declared Emperour) adjudged enemies and Rebels; and Gordianus with his Sonne elected and proclamed Emperours by the Souldiers, people, and Senate of Rome. After which they, considering the great power of Maximinus, to secure the City, made great preparations to resist him, and writ letters to all their Provinces, that ssGrimston p. 324.all those Governours that Maximinus had there placed should be displaced; which direction was generally obeyed, and the Governours most of them slain. Thereupon Maximinus then in Hungary, posts with his Army, and Son towards Rome; and young Gordianus being slain & his Father strangled in the interim; the Senate assembled in the Temple of Iupiter, chose Maximus Pupienus and Clodius Balbinus Emperours, and to please the people which consented not to their el…ction, they likewise named young Gordianus Caesar, and raised forces to resist Maximinus, who lying before Aquilia, his Souldiers hearing that he, with his Sonne were proclamed Rebels at Rome, and new Emperours elected, came boldly to their Pavilions about noone, slew them, and sent their heads to Rome. By these, with sundry presidents of like nature, it is apparent, that the Soveraigne power and Jurisdiction, even after the Roman empire erected, continued still in the Senate and people, to whom the Emperours were responsible, by whom they were deposed, yea put to death for their misdemeanours a…d offences against the state, and oppressions of their Subjects: Which power they retained till the Emperours removed their Courts from Rome to Constantinople, by which meanes the authority of the Senate, and dignity of the Consuls was almost wholly lost by degrees, in Iustine the seconds reigne.

After the seat of the Empire was translated to Constantinople, the Senate, People, Souldiers, and Patriarchs of Constantinople, claimed a right, and power to elect their Emperours, to prescribe conditions, and Oaths unto them before they were crowned; as also a power in some cases to depose them, yea execute them, as you may read at large in theirttSee Munst. Cosm. l. 4. c. 59. Zonaras, N…uclerus, Sabe…luus Grimston, and others. lives; Of which I shall recite some instances.vvIoan…es Zonaras, Annal. …om. 3. p. …9. Grimst. p. 245. …utropius, l. 1…. p… 154. See Munstericosm l 4n c. 59. throughout. Iulian the Apostate dying, Iovinian, assensu omnium, by the joynt assent of all the Souldiers, Captains, and people was elected Emperor; who absolutely refused the Empire, saying; that he being a Christian would not be an Emperor over Infidels: But all men were so pleased with his election, that they cryed out aloud saying; we are all Christians; And for his sake, those which were not so, resolved to become Christians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladnesse, they swore obedi…nce to him, and gave him the Imperiall Ensignes. He being casually smoothered or death; xxZonaras ib. Grimst. p. …47. and Munster, l. 4. c. …9…Valentinian the first was by the joynt consent of the Captains and Souldiers, chosen Emperour: after which, the Empire went by descent till the death of Valentinian the second and thenyyZonaras. Tom. 3, f. 123. Martianus by means of Eudoxia, with the Senates and Patriarch… p. 7assent, was elected and crowned Emperour: After whose poisoningzzZonaras ib. f. …. Grimst. p. 292. Asper sought to have been his Successor; but being an Arrian, the orthodox Christians of Constantinople would by no means elect him; whereupon, accepta a populo potestate, he named Leo Emperour, having received power so to doe from the people. Leo adopting one of Aspars Sonnes Caesar, the Senate and people were so much displeased at it, fearing that an Arrian should reigne over them, that they went tumultuously to the Emperour, desiring him to remove him from that dignity, who soone after slew both him and his father. aaZonaras ibid. f. 126.Basiliseus usurping the Empire against the Senates and peoples consents, who hated him for his Tyranny; the people sent for Zeno, whom he expelled, received him into Constantinople, and restored him to the Empire; After whose deathbbZonaras ib. f. 1, 12…, …28. Grimst. p. 306. Anastasius, de sententia Senatus & Legionum, was elected Emperour by the Senates and Legions decree. He dying,ccZonaras ib. …. 127. 128. Grimst. p. 306. Iustinus, by the generall consent both of the Senate, people, and Souldiers was elected Emperour, though but a swineheard in his yonger dayes; who creating Iustinian for his Successor, the people gave their consents thereto, with happy acclamations. SoddGrim. p. 347. Constans the second was made Emperour by the Senate of Constantinople. eeZ…n…r. f. 137Philipicus usurping the Empire against the peoples and Senates liking, they rose up against him, deposed him: and a… ffDes…x Aeta…e mundi.Beda ggIn Philyppito.Marianus hhl, 5. c. 1….Otho Frisi…gensis andiiAn. 713. Abbas Vspergensis write; The people of Rome decreed, that neither his name, nor letters, no… coyne should be received. And thekkZonaras Tom. …, f. 137 Senate and people of Constantinople created Authemius Emperour in his place, giving him the name of Anastatius. ThusllZonaras, b…d, f. 142… Michael Curaepalata was created Emperour by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So mmSee Zonaras. ib. f. 168Theodora, atoto Senatu, populo & sacerdotibus, was elected and saluted Empresse. nnNic…tae Chroniatae, Ann. les f. 40.Isatius Angelus was elected Emperour, and Andronicus deposed, apprehended and put to death by the people of Constantinople for his tyranny and oppression. After whose deathooMunst. Cosnog. l. 4, …. 1109, 1110. Baldwin Earle of Flanders, a Frenchman, was elected Emperour by the Souldiers and people, upon condition, the Venetians should elect the Patriarch: in whose blood the Empire continued ppMuns…eri Cosm. l. 4, c. 59.four descents and then returned to the Greekes. And as the Senate and people of Constantinople had thus the right of electing their Emperours, so likewiseqqSee Bishop Bilsons true difference &c… part. 3. p. 494, to …. they and the Patriarch of Constantinople prescribed a conditionall Coronation-oath to divers of them, which they were to take before they were crowned, and to deliver it under their hands in writing. Anastatius Dicori, being chosen Emperour after Zeno his death.rrZonaras Annal. Tom. 3. f. 126. Cuspinian… in Annastatio. Euphemius the Patriarch of Constantinople before he would crowne him, exacted of him a confession of his faith in writing, wherein he should promise, that he would innovate nothing in Eclesiasticall Doctrines &c. whereupon he delivered a writing to the Patr… arch, wherein he professed, that he did embrace all the Tenents of the Church, and that he would keep all the Decrees of the Councell of Chalcedon; which done, he was crowned, and then pr…sently tooke away the grievous tribute called Aurargenteum, which much oppressed the people. Thus whenssZonar…s Tom. 3. f. 142. Michael Rungabis was elected Emperour, and came to be crowned, Nicephorus the Patriarch first required of him a writing, wherein he should promise, that he would violate no ordinances of the Church, nor defile his hands with the blood of Christians: which conditions **see (q) before.Bishop Bilson grants, the people had power to prescribe, the Empire being elective, but not the Patriarch alone. And with all these Patriarchs sometimes presumed to excommunicate and keep their Emperours out of the Church for murthers p. 8and such like offences, as appeares byttZonaras Annal. Tom. 3. f, 151, 161. Polyenctus keeping Iohn Zimisoa out of the Church, and refusing to crowne him, till he had banished the Empresse Theophano, and those who slew Nicephorus; and by Photius his putting by the Emperour Basilius from the Sacrament, when he came to receive it, for homocides committed by him.

Fifthly, The Roman Senate and people had power to divide the …mpire, and to create a new Emperour at Rome in the West, distinct from that of Constantinople in the East: About the yeare of Christ 456vvGrim. impe. Hist. p, 291, 296, See Mun. Cos…, l. 2, c. 64, & l, 4, c. 5…. Gensericus King of the Vandals wasting Italy and sacking Rome whiles Marcianus the Emperour resided at Constantinople, the Senators and Roman Gentlemen returning to Rome when Gensericus had lost it, wanting an Emperour to protect them, chose Avitus by common consent for Emperour of Rome, Italy, and Sicilie, of which Marcianus was very glad, and approved his Election: And not long after, whiles Leo the first raigned at Constantinople, the Senate successively elected Olibrius and Glizerius Emperours of Rome, Italy, and Sicilie; yea, the very finall division of this great Empire into that of the East and West, and the creation of a new Roman Emperour, and Empire of the West, with the transferring of the Imperiall Crown from the Greeke to the German line, was done by the authority, and joynt consent of the people, Senate, and Bishop of Rome, upon this occasion: asxxDecad. 1. l, 1. 10. Blondus yyEnead, …, …0.Sabellicus andzzB…. Bilsons true diff…rence between Christian Subject… on and unchristian Rebellion p, 41…. to 416. Nauclerus vol. Genera…o 26, An. 753. Sigebext. Chron. An. 801, Aeneas S…lvius de Author. Rom, Imperii c▪ 9 Munst. Cos…og. l, 2. c. 6…. others relate. Aistulfus King of the Lombards invaded and spoyled those parts of Italy belonging to the Romans; who being unable to resist or pacifie him; the Bishop and City of Rome hereupon sent messengers to their Emperour Cons…antine to Constantinople, for ayd, assuring him, that unlesse he sent them ayd the City and whole Country wo…uld be subdued by Aistulfus: But whiles Rome and Italy were ready to sinke under those ruines Constantine had no manner of care to relieve them; and the messengers that were sent to him, signified by letters, that there was no looking for help from Constantine, either for that he would not, or could not, and therefore they must seeke some other way: In the meane time Aistulfus sent Heralds to menace the Bishop and people of Rome, that unlesse they would yeeld themselves and their City, he would come and take them by force, and kill man, woman, and child. Hereupon they being out of hope to pacifie the enemy, or to receive help from Constantine; the Pope, together with the people of Rome, determined to send messengers to desire ayd from Pepin father to Charles the great, then King of France, who sent them succour, subdued their enemy, and quieted Italy. After which, Charles likewise ayding and succouring both the Pope, and Romans against their enemies, and comming in person to Rome; the Romans (who in heart were long before falen from the Emperour of Constantinople, because he began to neglect the City of Rome, and to leave it as a spoyle to the Barbarians and others) taking this occasion and opportunity, and grieving that the Empire of the world, which with their blood they had gotten, and established by their vertues, should be governed and ruined by Irene (a lewd woman) Constantines mother (who swayed all at her pleasure) did thereupon elect and proclaime Charles for their Emperour, and commanded Pope Leo to crowne him. aaI… Leone 3.Platina, bbDecad 2. l. 1.Blondus, ccVol▪ 3▪ Gen, 27, An, …00.Nauclerus dd…nead 8 l, 8.Sabellicus, eeAnnal, …ojerum, l. 4. f. 344.Aventinus, ffAnno 80….Sig…bert, ggL. 5. c. 29,Frisingensis, andhhDe Author… Rom, Imp. c. 9. Aeneas Sylvius, all record that this was done (not by the Popes authority alone, (as some late Romanists pretend, for he poore man had no such power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tac…o SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transferre the Empire JURE SUO, By their owne right, from p. 9the Greekes to the Germans, and from Constantine to Charles the Great: ever since which time it hath continued thus divided in the blood of Charles, and other French and German Princes. A most cleare demonstration, that the most absolute Soveraigne power a…d disposall of the Empire resided not in the Emperours themselves, but in the Se…e and people, even from the very first Emperours, till this partition of the Empire (more then 800 yeares space,) and that their Emperours neglect to protect, to ayde them against their enemies when they needed, and craved help, was a iust ground for them to reject his Soveraignty; yea, to create a new Empire, and Emperour of another race, asiisee Av…nti…e, An, l, 3, f, 344. &c. and Bishop. Bilson (z) before Pope Leo with all the Roman Clergy, Senate, and people then resolved; not only in point of State policy, but of Conscience too: upon which very kkIacob V…d. de dignitate Regum Hisp c, 18. Munst. Cosm. l. 2. c, 20, 21.ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdomes of their own: but likewise ourllsee Speeds Hist. p, 189… to 212. Iland of Brittain (the fairest plume of the Roman Diadem) rejected the Roman yoake and Government, to which it had been subject almost 500 yeares; craving ayd against the Sc…ts and Picts from the Sax…ns, who therereupon became their Soveraigne Lords at last, and disposessed them of the Kingdome: Now, that these revolts and changes of the Empire in this case were lawfull even in point of Conscience, we have the resolution of Bishop Bilson himselfe, (in his Booke dedicated to Queen Elizabeth, wherein he professedly defends the Soveraignty of Kings) in these very wordsmmThe true difference between Christian subiection and unchristian rebellion. part. 3, p. 416. The Roman State and Common wealth had as goodright to dispose the Roman Empire, as all other Christian and Heathen Kingdomes and Countries had to settle the sword and scepter that Reigned over them. And since all nnCassanaeus catalogus glorie mu… di pars 5, consid. 29, p, 245, 246.other Nations once members of the Roman Empire, were suffered to plant those severall formes of regiment which they best liked, and when the Right Heires failed to elect their owne Governours, I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realmes had done before them; especially if the reports of your stories be true; that they were neglected by the Grecians, when they were bes…iged by the Lombards; and the scepter at Constantinople went not by descent, or succession, but by violent and wicked invasion, and usurpation. So he; with whom Cassanaeus in his Catalogus Gloriae mun di… pars 5 consid. 30. p. 248. accords. and Iacobus Valdesius, de Dignitate Regum Hisp. c, 18. n, 20, 21.

Sixthly, After this division, and translation of the Empire unto Charles the Great, the Roman Empire for a time, by permission and connivence of the French, & German States, went by succession till Charles the Grosse; after him wholly by Election, oosee Munst, Cosm. l. 3, c, 22, and Grimstons Imperiall Hist.the power of electing the Emperour residing in all the French & German Princes, … at last it was by consent, about the yeare 1001. translated to the 6; or ratherppGrimst. Imp. Hist. p, 433, 535. 560, 571. 572. Munst. Cosm, l, 3, p, 410, to 414. 7. Princes Electors: Yet during all this time the Soveraigne Power and Iurisdiction of the Empire resided only in the German Princes, States and Diets (not the Emperours themselves) who had power, not only freely to elect what Emperours they pleased, but also to censure, and depose their Emperours upon just grounds, and to set limits to their Imperiall Iurisdictions. Not to trouble you with the Histories ofqqsee Grimst. Abas Vspergensis, Naucl…rus, Rerum Germanicarum Scriptores, Munst Cosmagr. l 3, Bp. lewels veiw of a seditious Bull. and others in their lives, and Iohn White his Defence of the way, c, 6, p 18. to 21. Ludovicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Fredericke Barbarossa, Phillip, Otho the fourth & fifth, Fredericke the 2, 7. Albert the 1, Ludovicus Bavarus, Sigismond, and other Emperours, who were much affronted, persecuted, warred against, and some of them unjustly deposed and murthered by their Subiects, Sons, and the Princes…electors, through the Popes procurement; I shall pitch only p. 10upon such presidents as are pertinent to my purposerrGrimst. Imp. Hist p, 404, Munst. Cosmog. l, 3, p, 384, Herm…ld… Chron: Slauorum l. 1, c. 7, Iean Crespin Le state de Le glise p. 263. Charles the third surnamed the fat, though he came to the Empire by discent, yet the Princes, Dukes, and Governers of the Provinces of Germany, and France, seeing his great insufficiency, and unaptnesse to governe (he being growne a very foole and having lost his understanding) did thereupon deprive him of his Empire, and other Kingdomes; and elected and crowned Arnolph Emperour in his stead: He being thus degraded both of Realme, Empire, and forsaken of all the world, not having so much as an house wherein to shroud himselfe, retired into a poore village of Suabe, where he lived some few dayes in extream misery, and penury, and soone after dyed; not lamented nor pitied of any man: Which deposition of his, I have formerly proved lawfull; though his subsequent ill usage was no doubt dishonourable and unjust. So the EmperourssMunst. Cos. l, 3, p, 415, 416 404. Grimst. Im. Hist. p, 576▪ 581, 582. Iean Crisp. Le state de Le g…ise. p, 465. Wenceslaus was▪ deposed by the Princes Electors of the Empire, for his insufficiency to governe, and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the Empire, giving himselfe over to vaine pleasures and delights, which made his government dangerous, and unprofitable for the Empire, and Christian common wealth; and Rupert made Emperour by them in his room. After this, about the end of ttGrimst. Imp. Hist p, 736. 737.Rodulph the second his imperiall raigne, the Electors called a Dyet at Nurenberg, from whence they sent ambassadors to the Emperour to acquaint him with the State of the Empire; who told him, that the Electors required above all things a reformation of justice: That he should make choice of more faithfull officers and Councellors then formerly he had done: That a generall Dyet might be called the spring following: That the reason of the bad government of the common weale was for that his Majesty did not impart the important affaires of the Empire unto them, as his Predecessours had done &c. Whereupon he appointed a generall Dyet to redresse these disorders; but dying before the day, according to the golden Bull made in the yeare 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governours, and Administrators of the Empire untill there were a King of Romans chosen to be Emperour. After which they Elected Mathias, who as Emperour and King of the RomansuuMunst. Cos. l. 2. c. 64, p, 303, l, 3, p▪ 410, to 418. Grimston. p, 737, 738. had not any City or Towne within the Empire, the whole Territory of Germany belonging to the Electors, Bishops, Abbots, Princes, Earles, Noblemen, and free Townes. What power the Princes Electors, and German states had, and yet have in electing, rejecting, deposing, restraining their Emperours; in calling Diets, and making Lawes, you may read more largely inxxCosm l. 3, p, 382, to 418. Munster, andyyImp. Hist. from Charles the great to the end. Grimston: By all which, and other particulars, which for brevity I shall omit, it is most evident, that the Supream Soveraigne Authority of the Roman State, both under their ancient Kings and Emperours, and of the Greeke, and German Empires resided not in the Kings and Emperours, themselves, but in their Senates, Diets, People, States, who prescribed them conditionall Oaths at their Coronations, and to whom they were still accountable for their actions and misgovernment, ThiszzCommon wealth, l, 2. c. 5. p. 221. 122. Iohn Bodin (a famous learned French Lawyer, of great experience in State affaires, surpassing all who writ before him of Republikes) plainly affirmes in these words. The Roman Emperours were at first, nothing else but Princes of the Common weale, that is to say, the cheife and principall men: the SOVERAIGNTY neverthelesse still RESTING IN THE PEOPLE AND SENATE, the Emperour having the Soveraigne authority only infact, not in right: the State being but a very Principality, wherein THE PEOPLE HAD THE SOVERAIGNTY. So the German Empire at this p. 11day is nothing else, but an Aristocraticall Principality: wherein the Emperour is head and chiefe, the POWER and majesty of the Empire BELONGING… VNTOUNTO THE STATES THEREOF, who thrust out of the Government Adolphus the Emperour, in the yeare 1296, and also after him Wenceslaus in the yeare 1400; and that BY WAY OF IVSTICE, AS HAVING IVRISDICTION AND POWER OVER THEM. aaBodin Com. l, 1, c, 10, p. 15…, &c.And so properly ancient Romans said:bbCicero Oratio pro Rabirio, Perd. reo. Imperium in Magistratibus, Auctoritatem in Senatu, Potestatem in Plebe, Maiestatem in Populo; Command to be in the Magistrates, Authority in the Senate, Power in the Maeniall People, and Majesty in the People in Generall. The Senate in Rome did consult, the people command: for Livy oft times saith: Senatus decrevit, populus iussit: the Senate hath decreed, and the People commanded; Which he there more largely prosecutes, as you may read at leysure. To all whichccOf the difference between Christian subjection, &c. part. 3. p. 513. to 521. Bishop Bilson himself doth fully assent, affirming, that Germany is a free state, that the Emperour holds the Empire by election, and that but on condition, which he takes an oath to performe. And if he violate their liberties, or his oath, they may not only lawfully resist him by force of armes, but repell and depose him as a tyrant, and set another in his place, by the right and freedome of their Countrey. AndddCatalogu… Gloriae Mundi. pars. 5. Consid. 29. p. 246. Cassanaeus holds, that the people may take away the very name of the Emperour at this day, degrade him, and resume his royall power. This then being an unquestionable verity, disproves that palpable common mistake ofeeResolving of Conscience sect. 1. 2. 3. A Revindication printed at Cambridge. 1643. and other late pamphlets. Dr. Ferne with other ignorant Court Doctors and Royalists, who would make the world and Kings beleeve, that the Roman Emperours were of greater power and authority than the Senate, people; the highest powers upon earth to which all persons, yea the Senate and people collectively considered, ought to submit; and that it was unlawfull either for the Senate or people forcibly to resist Caligula, Claudius, N…ro, and other their wickedest, and most tyrannicall Emperours: much lesse to depose, take armes against, or call them to a strict, just account for their Tyranny, Oppression, or Misgovernment, it being directly contrary to Pauls Doctrine Rom. 13. 1, to 6. Let every soule be subject to the higher powers, &c. which false groundlesse principle, is the sole foundation upon which all their late Sermons, Books, and rayling Discourses against this Parliaments proceedings and taking up of defensive armes are built; when as in truth, the Sen…te & people were the highest powers, to whō the Roman Emperours themselves were to be obedient in all iust requests & commands, under paine of damnation, and subiect to the Senates sword of …ustice in case of disobedience & misgovernment, as all the premises evidence; yea it likewise manifestly evidenceth, that whole States & Parliaments are the highest power and above their Kings, who are subject to thē, since the Roman and Greek Senates and people heretofore, & the very German States at this day are the highest power and above their Emperours, though ever reputed of ffCassanaeus Catalog. Glor…ae Mundi pars. 5. consid. 27. & Iacobus Valdesius de Dignitate Regum Regnorum que Hispaniae passimgreater power, Soveraignty and dignity than any Kings, and the greatest Monarchs in the world: and that therfore Kings, even by Pauls Doctrine Rom. 13. ought to be subiect to the higher power and Iurisdiction of their Parliaments, the Laws and Statutes of their Realmes; and to be accountable to them, if not subiect to their censures, as some affirme, in exorbitant cases of misgovernment which concern the Kingdomes and peoples safety. If Kings iniuriously take away the lands, goods, or imprison the persons of any particular subjects, thegg22. E. 3. 3. Error, …. Fitzherbert Petition. The petition of Right 3. Car…li. See Ashes Tables Annuity 22. Amerciament. 8. entr. Congeable 84. Entrusion 1, Petition and Traversedes Offices throughout & Habeas Corpus Hieron. Blanc…. Aragon. Rerum Comment. p. 18…. 589. 590. 724. 747. to 761. Law gives every one a particular remedy against them by way of Action, or Petition of Right. If then every private subiect may have redresse, much more the whole Kingdome, (in and by Parliaments only not in inferiour Courts) against p. 12their Soveraigns which oppresse them; who being subiect unto the Lawes of God and their Realmes, which have hhProv. 24. 23. Rom. 2. 11.Prov 24:23Rom 2:11no respect of persons, may as many affirme, be questioned and iudged by them in their Parliaments as well as other princes, great officers of State and Magistrates who in scripture are callediiPsa. 82. 1, 2. Exod. 22. 8. Ioh. 10. 34, 35.Ps 82:1Ps 82:2Exod 22:8John 10:34John 10:35 Gods, the higher powers and said to be kkRom. 13. 1, 2 3, 4, 5. Tit. 3. 1. 1 Tim. 2. 2.Rom 13:1Rom 13:2Titus 3:11 Tim 2:2ordained, to rule llProv…. 8. 15. Deut. 1. 17. 2 Chr. 19. 6, 7.Deut 1:172 Chr 19:62 Chr 19:7judge by and for God, as well, as Kings and Emperours. It is branded as a spice ofmmB. Iewels veiw of a seditious Bull. Dr. Crackenthorp of the Popes temporall monarchy c. …, 2, 3, 4, 5. Cassanaeus Catalogusglori… mun di pars. 5. cons 7. Antichristian pride in Popes and their Parasites, to deem themselves so High above other men, that they are accountable to none but God for their wicked actions, though many Popes in former and later times, have beennnSee B…laeus de vitis Ponti…cum. Morne… Misterium, and …ere, part 1. questioned, censured, imprisoned and deposed both by Emperours, Kings, and Councels for their intollerable misdemeanors. And is it not the very selfe same crime in Kings, in Emperours, and their flatterers, to hold this Popish erronious opinion, that they are in no case responsible to their whole Kingdomes or Parliaments for their gross…st exorbitances? OurooBp. Iewells veiw of a seditious Bull. Matt Paris. and Speed, in King Iohns life: Bp. Bilsons true Diference, &c. part. 3, p, 409, to 526. Saxo grammatticus Hist. Da…i… l, 11▪ p, 189, 190. Popish Prelates and Clergy generally heretofore, and some of our ProtestantppBp. Bridges his supremacy of Christian Princes. p. 10…4. Bishops and Divines of late times, from St. Ambrose his practise, have held, that …ings for murthers, rapes, and great crying offence… may be Lawfully excommunicated and censured by the spirituall Law and sword, as sundry Emperours and Kings have been; then why not likewise by the temporall, when their Parliaments and whole Kingdoms see just cause, the case of hundreds of Emperours and Kings in former time, as the Histories of all Nations and ages prove abundantly, beyond all contradiction? I shall here instance in some few Kings censures subject to the Roman State and Empire, with whom I shall conclude this discourse touching the Roman MonarchsqqOratio pro Deiorato Rege. p. 629. Deioratus King of Galatia under the Romans I…risdiction, and one of their allies, was accused of Treason, and condemned to lose both his head and estate for certaine offences against C. Caesar, and the Roman State; as appeares by Tullies Oration to Caesar in his behalfe, to procure his pardon; which because it was the first president of this kinde, made his advocate say; tamen ita inusitatum est, Regem capitis reumesse, ut ante hoc tempus non sit auditum: yet long before that, Zedechiah King of Iudah, rebelling against the King of Babylon, was brought prisoner to the King of Babylon to Riblah, where hee gave judgement upon him slew both his sonnes and Princes before his eyes, and then put out his own eyes bound him with fetters of brasse, and carried him prisoner to Babylon, where hee died. 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after De…oratus rrIosephus Antiqu. Iudaeorum, l, 15, c, …. Alexander ab Alexandro Gen. Dierum. l. 3, c, 5, f. …6.Antigonus King of the Iewes, being taken prisoner by Antonius, for moving sedition against the Roman State, was beheaded with an axe at Antioch, without any legall triall, to prevent further seditions, which never befell any King before that time, writes Alexander ab Alexandro; AndssAlexander ab Alexandro ibid. Stra…o Geogr. l, 8, p. 712, 713. Agrippa, not long after, put Bogus King of the Mores to death, for siding with Antonius. Of later times, I read thatttGrimstons Imperiall history, p, 389. Ludovicus Pius the Emperour taking Bernard his Nephew (King of It…ly) prisoner, for rebelling and denying his superiority over him, carried him into France, to determine what should be done with him according to Iustice, for this his offence; where (though a King) hee was condemned to death and executed, as some, or at least cast into prison, and had his eyes put out, as others write: SovvMunsters Geogr. l. 2, 6, 76, p. …. Gen▪ hist, of France. p. …35. Charles of France taking Conradine King of Sicily prisoner, publikely arraigned and condemned him of high Treason, and cut off his p. 13head, Anno 1208. Yea, our ownevvMatth. Par. Hist. Angl. p. 273, 274, 275. Gen. hist. of France. p, 119. King Iohn being a Feudatary to the King of France, was by Philip the French king in a full Parliament there (during his absence in England) arraigned, condemned to d…ath, and deposed from his Crown by the sentence of his Peeres, for murthering his Nephew, Arthur, (then a Subiect of France) with his owne hands: SoxxSpeed, p. 653, 654 Hect. Boetius, l. 14. Walsing. Holins. Fabian, Gra…t. and others. Iohn Bailiol king of Scotland, renouncing his homage for that Crowne, to king Edward the first, was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland, to King Edward the first, and sent Prisoner to the Tower of London: andyySpeed, 1156. 1196. Cambd. Esiz. Holinsh. Stow, Martin, Buchanon. Mary Queene of Scots, within many mens memories, after long debate in Parliament, was condemned and beheaded at Fothringham Castle, Febr. 8. An. 1587. for laying claime to the Crowne of England, and other particulars mentioned in our Historians. And thus much for the Roman, Grecian, German Emperours, kings and kingdomes.

I shall now give you a brie…e Survey of what Greeke Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdomes, in Greece and other places. That great Father of Learning and policie Aristotle, (Tutor to the greatest Emperour Alexander the Great) whose Authority is irrefragable in our Schooles; resolves: zzPolit. l. 3. c. 10, p. 209. 210. and l. 5. c. 10. p. 367.That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people, and founded, confirmed by the customes and Lawes of each country, (which **Hist l 6. p. 621. &c.Polibius also affirmes) aaPolit. l. 3. c. 10. 11. and l. 5. c. 10, 11.That there are 4 severall sorts of Kings, some of greater, some of lesser Authority and continuance then others: some elective, some successive, some during …ife, some Annuall, all of them receiving their distinct jurisdictions, Formes, Limitations, and different Royalties, from the peoples primitive or subsequent institutions and consents. For all men being equall by the Law of nature, can have no dominion nor Superiority one over another, but by their own voluntary consents. That thebbPolit. l. 3. c. 7. 10, 11, 12. Lawes, (not the Kings Princes, or Magistrates be they one or more, or never so good) ought to be the sole Lords or Rulers of the Common-wealth, and that Princes and Governours ought to governe by the Lawes: who cannot command what the Lawes doe not command. That those who command that the Law should rule, command that God and the Lawes should rule: but he that commands a man to be a Prince, he commands that both a man and beast should be Princes: for covetousnesse and the lust of the minde is a certaine beast, which perverts both Magistrates and the very best men; but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires.ccPolit. l. 3. c. 10 p. 19…. That the power of the greatest things, and greatest power, ought (DE IVRE) of right to be in all the people, because their wisdomes, resolutions, and revenues considered altogether, are greater and more considerable then those of a few wise or honest men plased in the highest offices of Magistracie, who are but a small particle of the State in respect of all the people.ddPolit. l. 3. c. 11. p. 217, 218. That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression; and that a King ought to governe by his Lawes, and not to doe any thing against them, according to his lust; wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes: yea he must necessarily have forces and power, yet so much onelyonly, as thereby he may be able to curbe every particular man, or many also: yet not so great power but that, a populo au…em universo idem REX ILLE IPSE COERCERI POTEST, the very King himselfe may yet BE CVRBED by all the people: such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City: And when p. 14Dionysius required Guards, a certaine Syracusan perswaded them to curbe such Guard…: to which eeHist. l. 6 p. 521.Polybius also suffragates. According to these Rules of Aristotle, I read in ffAntiq. Rom. l. 2. sect. 2. p. 133.Dionysius Halicarnassaeus, and ggHist. l. 6. p. 525, 526.Polybius, that in the Lacedemonian Common-wealth, the Kings had not the chiefe Dominion, so as they might doe what they pleased, sed summa totius Reipub. administratio penes Senatum erat: but the chiefe Government of the whole Commonweale was in the Senate, from whence the Romanes tooke their pa…terne.hhGenial Dierum. l. 4. c. 23. f. 238. & l. 3. c. 3. f. 117. De Moribus Gentium. See Xenophon Hist. Graec. l. 5. p. 504 & de Laced, repub. p. 690. Alexander ab Alexandro, Boemus, and Xenophon write, That the Lacedemonians sometimes elected a King out of the Family of the Heracli…, or of Agis, but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes, who yet had not the chiefe Command as Kings, Quiajuris om…is publici potestas penes Senatum erat, because the power of all publike law or rule was in the Senate (the better to keep their Kings from attempting and usurping a Tyranny; they being Kings rather in name then Dominion, and like the Achaean two Annuall Praetors; whence iiPol. l. 3. c, 11.Aristotle makes them, the lowest ranke of Kings.kkCommonw. l. 2. c. 5. p. 221. 222. Iohn Bodin informes us, That in the Lacedemonian Aristocracie, the Soveraignty remained in the State, wherein were two Kings without any Soveraignty at all, being indeed nothing else but Captains and**Regi in exercitu nihilrestat negotii, quàm ut rerum divinarum respectu sit Sacerdos, humanarum vcro Imperator, Xenophon Lacede. Resp. 689. Generals for the managing of their Warres; and for that cause were by the other Magistrates of the State, sometimes for their faults condemned to pay their fine, as was Agesilaus, and sometimes to death also, as was Agis and Pausanias: llPlutar. Apotheg. p. 468.Agis the last of the Lacedemonean kings (as Plutarch records) being apprehended and condemned by the Ephori, without an Indictment, and then hanged in a halter. Finally mmPolit. l. 5. c. 11. p. 369.Aristotle himself, and nnDe Agesil. Reg p. 651.Xenophon informe us; that the Kingdom of the Lacedemonians flourished very long, yea longer then any other forme of Government, because their Kings power was but small, and their Kings never desired greater things then the Lawes would beare, by which they had received their Kingdome in the beginning: for in the beginning that Kingdome was divided between two joynt Kings: After which Theopompus left it more moderated to his successours, and constituted the Magistracie of the Ephori (who had power even to depose and execute their kings if they offended, and rose not up out of their seates unto them;) to retain that moderation; By which meanes he verily weakned the power of the Kingdome, but yet certainely setled it more lasting and stable: Whence Theopompus gave this answer to his complaining and upbraiding wife; whether he was not ashamed to leave the Kingdome lesse to his Children then he had received it from his Father? No truly, saith he, for by this means I leave it more stable and lasting. A Speech well worthy the consideration of the very greatest hereditary kings These Lacedemonian kings (whose honours, writes ooXeno. de Lacedem. Repub. p. 690.Xenophon, were not much better then those of private men; Etenim, neque Regibus animos addere Tyrannicos voluit, L…curgus, neque civibus eorum potestatem invisam reddere, tooke an ppAlexan. ab Alex. l. 3. c. 5. f, 126. Caelius Rhodig, Antiq. Lect. l, 7. c. 10.Oath every month, to governe the Kingdome according to the Lawes enacted. I finde that the ppAlexan. ab Alex. l. 3. c. 5. f, 126. Caelius Rhodig, Antiq. Lect. l. 7. c. 10.Cumaeans had a Magistrate whom they called Phylactus, whose office was, to come into the full Senate, and hold the Kings hands who stood in judgement before them, untill by the Senators decree, their reward or punishment was appointed. By which it is apparent, that the Cumaean Senate was above their kings, and did usually arraigne and punish them iudicially, if they saw cause; as they rose up in Armes against qqPlutarch. de virtutibus mulierum, p, 544, 545.Aristodomus their king, (who tyrannized over them) by Zenocrita her instigation, slew him, and so recovered their Liberties. The rrAlex. ab Alex, l, 3. c, 3, f, 117.ancient Carthaginians had two kings, whom they stiled Suffites; who were but annuall, removed every yeare▪ p. 15Yea, the Iberians and Parthians had two joynt kings in ancient times, the one to judge the other to governe the people. In ssStrabo Geog l. 17. p 689. Al…x, ab Alex. l. 3. c. 3. Diod… rus Siculus Bibl. hist. l. 3. c 6. p. 140, 141.Meroe, where they elected their kings by their beauty, strength or wealth; their Priests had the chiefe power; who had so great authority, that sometimes (like the Pope and his Nuncioes) they would send a Messenger and command the king to be put to death, and make another in his steed. Which custome was after abolished by one of the kings, who violently assaulted and slew all the Priests: and in ttAlex. ab Ale. l. 3. c. 5 f 123. Diod. Sic. Bibl. hist. l. 3. p. 140.Meroe if the king offended, after the Priests power was abolished, they inflicted no corporall punishment on him, but all with …rew themselves from him and avoided his company till he was killed with griefe and consumption. The vvStrabo Geogr. l 1…. p. 148 Alex. ab Alex. l. 3. c. 10. Munst. Cosmog. l. 5. cap. 113. Boe. de moribus Gent. l. 2. c. 8. p. 102.Indians will not permit their king to sleep in the day time, and if he be drunken at any time if any w… man (of whom he hath a guard) kill him whiles he is drunke… she is so farre from being guilty of Treason, that for a reward, she shall be married to his Successour: much like the ancient publike institution of the Sclavonians, recorded by xxHist. Danic…, l. 8. p. 140.…axo Grammaticus, that the assassinate of evill Kings should succeed them in their kingdomes; a things frequently practised in many kingdomes; and Empires, though very ill enacted in any. The yyAlex. ab Ale. l. 4. c. 23, f 239.Sabaeans confined their Kings to their Palaces, and used to stone them if they went forth of their bounds. The zzAlex. ab Ale. l. 3, c. 11.Mosseriaei whose kings were elective, used to punish them, when they offended, by keeping them fasting a whole dayes space. Among some of the aaMunst. Cos. l. 5. c. 137. p. 1248.Indians, if the king dyes, having male children of his owne, or cosen-g…rmans, or brothers children, they shall not succeed him in the kingdome, but his sisters sonne, if there be any; if not, then his next alliance; and that, ex gentis instituto, by the institution of the Nation; the reason is, because their Priests used to dest…ure the Queene, whose issue is held to be illegitimate. In bbMunst. Cos. l. 4. c. 53. p. 1089 Boe. de Morib. Gentium. l. 3. p 209 210.Thracia, the people elect a king who is well qualified, mercifull, grave for his age, and one who hath no children: For no Father, though never so well qualified, is admitted to raigne; and if he fortune to have issue while he reignes, he is deprived, and so kept, lest the kingdome should become hereditary. Yea, though the king be never so just, yet they will not that he should have the whole power, but appoint him 40. Governours, left hee alone should judge in capitall causes: And if he be convicted of any offence, he is punished with death, yet not by laying violent hands on him, but by publike consent, all food is kept from him, so as at last he perisheth with famine. The ccAlex▪ ab Ale. l. 4. c. 23. f. 239.Taprobani had this custome, that no man who had any children should be chosen king, lest he should claime the kingdome as hereditary, and make it so. The mmGen. Dier. l. 4. c. 23. & l. 3. c. 11.Athenians, Ionians, Milesians, Marchomanni Quadi, Persians, Sicilians, Corinthians, Parthians, Meroes, Gordii, Medes, Paphii, Cathians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had severall Customes, Lawes, Rules, (over-tedious to recite) by which they elected and inaugurated their kings (of which you may read in Alexander ab AlexandronnGeog. lib. Strabo, ooDe Meribus Gentium.Boemus,ppInd. Hist. Peter Martyr,qqPilgrimage and Voyages, Merula, Munst. Gotard. Mercator, Nov. Orbis. Purchas, and others) and different degrees of power and government derived from their kingdomes and people, the soveraigne Authority still residing in them to prescribe both Laws and limits to their kings, and call them to publike account for their grosse offences and misgovernment. The ancientrrDied. Sicul. Bibl. hist. l. 3. c. 5. p. 140. Boem. de moribus Gent. l. 1. c. 4. p. 27. Fortes. de Laud. Leg. Ang, c. 12. Aethiopians elected the most fanatique Priest for their king, whom though they adored and honoured for a God, yet Vitam agere STATVTAM LEGIBVS DEBET iuxta patrios mores, he ought to live such a life as the Laws appointed him, according to the manners of the Country, neither ought he to reward or punish any man himselfe, though chiefe par…s of Royalty. The ssBoem de mor. Gent. l. 3. c, 12▪ p. 341.old German kings had no free nor infinite, but are strained p. 16and bounded power by the Lawes.ttBibl. Hist. l. 1 sect. 10. p. 61, 62, 63. Boem. De Mor. Gent. l. 1. c. 5. p. 37, 38. Fortes. c. 12. Diodorus Siculus writes, that the first Egyptian Kings lived not like other Monarchs, to rule all things according to their wills, Nullis obnoxii censuris, as obnoxious to no censures; but all things, not only their publike actions, but even the regiment of their daily life, were conformed to the rule of the Lawes (as hethere manifests in sundry particulars) botb in respect of their attendants, dispatches, devotions, recreations, moderate spare dyet, and the like; neither was it lawfull for them to judge, nor doe any thing, nor punish any man out of petulancy or anger, or any other unjust cause, contrary to what the established Lawes required concerning every of them. Whiles they observed these things customarily, it was so farre that they tooke it ill, or were offended in minde, that on the contrary they thought they lived a most blessed life. For other men rashly giuing indulgence to the affections of nature, acted many things accompanied with losses and dangers; yea some men ofttimes although they foreknew they should sinne, did notwithstanding perpetrate evill things, being led away with love or hatred, or some other perturbation of minde; but they, imbracing the rule of life approved by the most prudent men, resolved not to erre from their duty in the least degree. Whiles Kings used this Iustice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the Colledge of Priests, but the whole Nation of the Aegyptians, and likewise every one of them were not so carefull of their wives and children and private goods, as of the safety of their Kings: Wherefore they preserved the estate of the Republike intire for a long time under the mentioned kings, spending their life in greatest felicity, as long as this constitution of Lawes flourished. And when these kings dyed, all the Aegyptians generally mourned for them in an extraordinary manner divers wayes, made solemne Orations in their praise, buried them with great pompe and solemnity, and erected Pyramides to their eternall honour; all which funerall pompous solemnities many ill kings wanted after their deaths, ob plebis refragationem, because the people gain-sayed it, (who together with the Priests and Senates, who were ever present with the kings to assist, counsell, and direct them, were superiour to their kings, since they could thus decree or deny them these funerall honours) which made many of their following kings to addict themselves to just actions too, for feare of contumelious handling and sempiternall ignominy after their decease. So this Author. To which I shall adde vvMemorabi…ium, l. 4. p 813. De Laced. Repu. p. 690, 691.Xenophons definition of a Kingdome and Tyranny: A kingdome, is an Empire over men by their free assents according to the Lawes of the City: And a Tyranny, is an unlawfull Empire over men against their wills, which depends upon the will of the Prince. And this observation of xxHist. l. 6. p. 118, to 126.Polybius, That kings in ancient times did give themselves wholly to doe that which was honest and just, and to suppresse the contrary; the very beginning of all true kingdomes, and the end for which kings were first instituted by the people. Whiles they thus demeaned themselves, they were subject to no envy, because they differed not much from others, neither in apparell, nor in meat and drinke, but observed a conversation of life conformable to other men, and lived perpetually like to others. But afterwards, when those who obtained the principality of succession, and the prerogative of their blood had those things already provided, which made them able to secure themselves, and to support their state, following their lusts by reason of their abundance, they then thought, it belonged to Princes to be better clad then subjects, to exceed them in costlinesse and variety of meats, and to use venery with whom they pleased: Hence envy and offence was begotten, and implacable hatred and anger kindled, and a kingdome by this meanes p. 17changed into a Tyranny: Hence men most generous and magnanimous bold spirits▪ unable to beare such affronts and insolences of Princes, seditiously conspire against them; and the people having got such Captaines to make resistance, joyne with them for the foresaid causes, that the Princes may be repressed. And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots, and the beginning of an Aristocracy again laid, the people refusing to set any more a King over them, yet not daring to commit the Republike … many, fearing as yet the iujustice of Superiours, and therefore most esteeme equality and liberty; So that the Soveraigne power of setling, of changing the Kingdome and forme of government resides principally in the people, who (as hee there largely proves by the Lacedemonian and Roman state) ought to enjoy the Supreame authority, and to be above their Kings; as it seems the Aegyptians did, yyMunst. Cosmog. l. 6. c. 19. p. 1298 1299who deposed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, setting up Cleopatra his eldest child in his Thr…ne; and as the Romane Senate did, zzBodin Commonw. l. …. c. 1. p. …73.who had power to dispose of the common Treasury and revenue (one of the greatest points of Soveraignty) to appoint Lieutenants and Governours of Provinces, to grant Triumphes, to dispose of Religion: (for which causeaaApolog. adv. Gentes. Tertullian saith, that never any God was received in Rome without the decree of the Senate,)**See Liv… Passim. and to receive, answer, and dismisse the Ambassadours of Kings and Nations, which none else did but the Senate; whose Soveraigne power was such, that Tiberius the Emperour in the beginning of his Reigne called the Senators (assembled altogether in the Senate) Indulgentissimos DOMINOS, his most loving LORDS, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read in bbAnnaliuml. 1. Commonw. l. 3. c. 1. p. 276.Tacitus) though they were his Subjects and inferiours when divided and severally considered: And such Soveraigne power had the Panaetolium or generall assembly of Parliament among the Aetolians, who received and answered all Embassadours, determined all affaires of warre and peace, it being provided by the Lawes of the Aetolians, that nothing should be intreated of concerning peace or war, but in their Panaetolium or Pelaicon Councell, as ccHist. Rom. l. 31. & 35.Livy and ddCommonw. l. 3. c. 1. p. 261.Bodin record.

But to leave these ancient, and come neerer our present neighbor Kings and Kingdomes of greatest eminencie and power, which may paralell our owne; The Kings of France (to whomeePars 5. consid. 29, 30, 31. p. 243. &c. Cassanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperour himselfe, whiles but elect, before his Coronation,) have in ancient times been inferiour to their Kingdomes, Parliaments, and subiect to their censures even to deposition, if not more, thoughffCassan. Ibid. & Bodin Commonw. l. 2. c. 10. 5. l. 1. c. 1. l. 3. c. 1. some cry them up for absoluts Monarchs, and make them little better then Tyrants now.

ggCommonw. l. 2. c. 1. p. 222.Iohn Bodin, a learned French Lawyer and Statesman, writes, That in ancient times the Kings of the Cities of the Gaules were subject to their States; whom Caesar for this cause oftentimes calleth Reguli, little Kings, being themselves subjects and justifiable to the Nobility, who had all the Soveraignty, causing them even to be put to death if they had so deserved: And that is it for which Amphiorix the Captaine Generall, whom they called the King of the Lingeois said, Our commands are such, as that the people hath no lesse power over us, then we over the people: Wherein he shewed evidently, that he was no soveraigne Prince; howbeit, that it was not possible for him to have equall power with the people, as we have before shewed: Wherefore these sort of Princes, if they, polluted with wickednesse and villany, cannot be chastised by the Authority and severity of the Magistrate, but shall abuse their wealth and power unto the hurt p. 18hurt and destruction of good men, IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onelyonly, but even for the subjects themselv…s also, to take them out of the way: But if the Prince be an absolute Soveraigne, as are the true Monarchs of France, &c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects; in this case it is not lawfull for any one of their subjects in particular, or all of them in generall to attempt any thing, either by way of fact or justice against the honour, life, or dignity of the Soveraigne, albeit hee had committed all the wickednesse, impiety, and cruelty that could be spoken: so Bodin. By whose words it is cleare, that the ancient kings of France we…e inferiour in Jurisdiction to their whole kingdomes and Parliaments, yea censurable by them to deposition or death: Yet that their kings of late are growne absolute Monarchs above their kingdomes, Nobles, Parliaments, and so not responsible to, or punishable by them for the grossest misdemeanours: But if this their absolute Monarchy be onelyonly an usurpation (as many conceive it,) not of right, by their Parliaments and kingdomes free grants and consents, they are still, in truth, of no greater Authority, nor no more exempted from iust censures, then their predecessours. Now it is clear, that in ancient times, hhFabian. pa. 5. 6. 155. par. 6. p. 154. 160. 164. 243, 244. par. 7. p. 107, 108. 280, 282. Andrew Favins Theatre of Honor, l. 2. c. 12. Munsteri Cosmog. l. 2. c. 40. p. 139, 140. Paulus Aemylius, l. 1. Macutus Atlas, p. 254, 255. Bodin Commonw. l. 3. c. 1.the 3. Estates and great Councell of France assembled in Parliament, and their twelve Peeres (or kings as Fabian termes them) were the highest power and judicature, from which there was no appeale; that the Ki…gs of France could make no binding Lawes but by their Authority (though now of late they doe what they please) and that they have judged the differences between the Crownes of England and France (as I have formerly proved) and exercised the same, or as great authority as the Parliament of England hath done, which authority it hath lost by certaine degrees. To give a few more instances to cleare this truth.

iiPaulus Amyl l. 1. Gaguinus and the generall History of France in his life, Iean Crispin Lestate de Leglise. 144. Fabian, par. 5. c. 75. p. 66. Munsters Cosmog. l. 2. c. 41.Pharamond, the first King of the Franks, that Reigned in France, An. 420. was elected King by the unanimous vote and consent of all the people: and by their advice and consent, in his Raign, the Salique Law was made to Regulate the discent of the Crowne, that no women should be heires to it, or claime it by discent; which Law continues of force un…ill this day, as all the French historians generally accord, who make frequent mention of it; though our English have much oppugned it, as you may read inkk2. H. 5. f. 35. &c. Hall andllHist. p. 685. 687, 786. 787. &c. Speed mmFabian. pa. 5. c. 86. Gagui. Emyl. the Generall Hist. of France, Crispin, Munst. and others in his lifeChildericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise, that hee became odible to his subj…cts, perc…iving the murmur of the people, and fearing his sudden destruction, by the counsell of Guynemeus, fled out of his kingdome to Beseigne king of Thuringes. Whereupon the French-men with one assent, chose Gyll a Roman, for their King and governour: who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus (a fast friend to Childericus) and using sharp, execution upon some of the Nobles, so farre discontented his subiects that by the helpe of Guynemeus, they deposed and chased him into Soysons; and sending for Childericus againe, restored and made him King: after whose death his sonne Clodoviu…, was by the people ordained and authorised for King of France: between whose foure sonnes it was afterwards dividednnFabian, pa. 5. c. 122. 126. Gaguyn. Emyl. the Gen. hist. of France. After the death of Chilpericus, Clotharius being very young, Gunthranus king of Orleans his uncle) with the assent of the Nobles of the Realme, was made his Tutor: who comming to age, hee offered to referre the differences between Sigebert and himselfe touching Austracy, (to which both laid claime) to an Assembly of the Lords of that Kingdome: and condemned Queen Brunicheild p. 19by the unanimous consent of the Lords, to bee tyed by the haire of her head to a wilde horse taile, and so to be drawed while shee was dead; for her many murthers and criminous deeds; which was accordingly executed.ooFabian part. 5. c. 132. Gag…ianus, Paulus Aemylius, Crespin, the generall Hist. of France. King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes, that those who dwelled in the out parts of the Realme neere the Turkes, and other strange Nations, chose rather to put themselves under their government, than under the Rule of their owne naturall prince: Poytiers rebelled against him, his L…ds murmured so much against him, that Pipin and Martain (two of his great Lords and agents) to save his Crown, dissuaded him from his ill counsells: whence a little before his death, calling a great counsell of his Lords Spirituall and Temporall, hee made his will, and setled his Kingdome by their advice; dividing it between his two sonnes.ppFabian. part. 5. c. 138, 139, 140. Gag…inus, Aemylius, Crespin, the generall History of France, in his life, and the life of Childeri…us. Theodoricus king of France, giving himselfe to sloath and idlenesse, committed the government of the Realme to Ebroyn Mr. of his Palace, who did what he liked, and vexed and troubled the Subiects grievously; wherefore by assent, the Lords assembled them, and by authority deprived the King of all Dignity, and closed him in a Monastery during the residue of his life, when he had borne the name of a King without executing of the art thereunto belonging, three yeares, the cruell Ebroyn they exiled to Luxenbourgh during life; making Childericus br…ther to Theodericus King, Ann. 669. who oppressing his subiects grievously, and using the Lawes of his progenitors after his pleasure, and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death, without guilt or Trespasse. Hereupon the Lords and Commons, fearing like punishment without deserving, murmured and conspired against him, and slew him and his wife (then great with Childe) as they were hunting in a wood: After which they restored Theodericus (whom they had deposed) to his former dignity; under whom Ebroyn getting into place and favour againe, used such Tyrannie towards the Nobles and People, that Pipin and Martaine raised a great army against him, lest he should destroy the Common-weale, gave him battell, and at last Hermefreditus slew him: After which Pipin was made Master of the Palace in his place.qqFabian. part. 5. c. 144, 145. Gaguinus, Aemylius, Crespin, the generall Hist of France. K. Dagobert the second dying without any Issue or knowne He…re at all, one Daniel (after named Chilpericke) a Priest, was by the Lords and peoples generall assent chosen King of France, Anno 721. for that by their former experience of him, they deemed him apt for the rule of the Land. After whose death, Theodoricus sonne to Dagobert, (secretly fostered among Nunnes within Nunneries in womans cloathing) was espied and admitted for King: During most of the forenamed Kings, the grand Master of the Palace swayed the Kingdome at his pleasure, and executed the Office of the Kings, who had nothing but the bare name of Kings, and were subject to this grand Officer: Whereupon Theodoricus dying, rrFabian. part. 5. c. 150, 153. generall Hist. of France, Gaguinus, Aemylius, Crespin, Turpin, Chronicon. Chronicarum, Sabellicus, Opmeaneus, in the life of Childericke and Pipin, Aventius Annal. Boyor. l. 3. An…onini Chron, Tit. 14. nu. 1. sect. 2. Munst. Cosmog. l. 2. c. 41. …ish. lewels Reply, p. 341, 342, 343. Bishop Bilson of Christ. subiection &c. par. 3. p. 418 to 423. Blondus Decad. …. l. 10. Nauclerus, vol. 3. gen. 26. Regi. no, l. 2. An. 722. Papprius Masson, An. in Child. p. 83. Aynion. Gest. Fr. p. 403.Childericus his sonne being a Sott, and for his dulnesse unfit to governe, Charles Martell Master of the Palace, (who swayed all things in Theodoricus raigne) deceasing, his two sons Charlemaine and Pipin, by the advice of the Nobles of the Land, considering the insufficiency of the King to rule so great a charge, divided the Land of France betweene them, so that either of them should under the King Rule and Governe such proportion as then there was to them appointed: Charlemayne soone after renounced his Government and turned Monke; and Pipin, as onelyonly Ruler, tooke upon him the charge of the whole Realme, Pipin then considering in his minde in what danger and trouble before him, his Father, and he now had ruled the Land, and that p. 20the King to whom belonged all the charge, kept his Palaces, and followed all his delights and pleasures, without taking any paine for reformation of the same; sent an ambassage to Pope Zachary, (asking his advice in point of conscience,) Whether it were more necessary or wealfull for the Realme of France, that he should be admitted for King, that did nothing but apply his minde to all bodily pleasures, without care and charge taken upon him for the guarding of the Land, and the People of the same; or he that tooke upon him all the charge and paine in defence of the Land, and keeping of the people in the due subjection? To th…s the Pope answered, and wrote back to Pipin, that he was best worthy, and most profitable for the Realme, to be admitted for King▪ that ruled well the Commonalty by justice and prudence, and the enemies thereof defended and subdued by his policie and manhood. ssAnnal. Boiorum, l. 3. p. 299.Aventine relates his answer more largely, in these words; I finde (saith Zachary) in the Story of Divine Scripture, that the people fell away from their wretchlesse and lascivious king, that despised the counsell of the wise men of the Realme, and created a sufficient man, one of themselves, King; God himselfe allowing their doings: All Power and Rule belongs to God, Princes are his Ministers in their Kingdomes; And Rulers are therefore chosen for the people, that they should follow the will of God, the chiefe Ruler in all thing…, and not do what they life… He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law; all that he hath, as power, glory, riches, favour and dignitie, HE RECEIVETH OF THE PEOPLE, and the people, MAY WHEN THE CAVSE REQVIRETH, FORSAKE THEIR KING. It is therefore LAVFVLL for the Franks and Germanes, refusing this unkindly Monster (Childericke) to chuse some such as shall be able in warre and peace, by his wisdome to protect and keep in safetie their Wives, Children, Parents, Goods and Lives. Which answer of the Pope (recited and approved in our owne KingttLa…bards Archaion, f. 130 Fox Acts & Mon. vol 1. Edit, ult. p. 244. Edward the Confessors Lawes, and Childerickes deposition likewise Chap. 17.) being declared to the Lords, Barons, and Commons of the Realme (whom this Pope likewise wholly absolved from their allegiance to Childericke) soone after, they of one assent and minde▪ proceeded, and deposed, and put downe their King and Governour, Childericke.uuAntonini Chron. Tit. 14. 14. n. 1. sect. 2. f. 102. Blondus Decad. 1. l. 10. Sabellicus Enead. 8. l. 8. Gaguinus l. 3. in Car. Martel. Nauclerus vol. 3 gen. 26. Gratian. Caus. 15. qu. 6. Platina in Zach. 1. Frisin. l. 5. c. 22. Fabian, part. 5 c. c. 132. p, 141. Amonius degest. Franc. p. 403.Zech 1 being a Sott, a foole, abeast, and one unfit to governe, and closed him in a Monastery, after he had reigned ten yeares in the Kings room, by name onelyonly; which done, they unanimously elected and crowned Pipin for their King: By meanes whereof the Royall Line of Moroveus after 17 discents ended, and the Crown was translated to Pipins blood. Which act in point of policie, is determined lawfull byxxHist. l. …. p. 521. Polybius, who Writes, That the reason why some Kingdomes became hereditary, was onelyonly this, because their first Kings being vertuous and worthy men, they were perswaded their Children would prove like them; but if at any time they degenerat, and prove otherwise, and the **Though that of Plinius secundus, Panegyr. Traiano dictus, p. 8. be true, Quod aequiore animo …erunt homines quem Princeps parum faeliciter genuil quàm quem malè elegit.posteritie of the first Kings displease the subjects, they thenceforth make the Kingdome elective; chusing Kings, not according to their strength of body and mindes attempting great things, but according to the difference of their will and reason manifested by their actions: And byyyPolit. l. 5… c. 10. Aristotle, who informes us, That in Kingdomes confirmed in succession of blood, this is to be numbred among the causes of their ruine, that the Kingdomes descend to many contemptible and slothfull persons, who although they obtaine no tyrannicall but Royall dignitie, yet they live lustfully and proudly; and so the Kingdome easily falls to ground, and becomes a tyrannie, the people being unwilling that such should rule over them; and so either wholly alter the forme of government, p. 21or make choice of a fitter King for the necessary preservation of the State; yea this election in poi…t of Policie and Divinity too, is justified and proved lawfull by Buchanan, in his Book de Iure Regni apud Scotos; by Iohn Mariana, de Rege & Regis Instit. l. 1. c. 3, 5. by Pope Zachary in his forecited Epistle, by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers, and Prelates of France; Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt, &c. ac OMNIBVS GAVDEN…IBVS ET VOLENTIBVS, Pipinum super Francos REGNARE FACIVNT; writeszzChron. tit. 14. c. 1. sect. 2. f. 103. Antoninus: and in a word, our Bishop aaOf Christian subiection, par 3. p. 420.Bilson himselfe, an Anti-Puritane, and great Royalist, affirmes, That if the King be a naturall foole, distracted, and altogether unable to governe, as Childericke was, any Realme, by publicke consent and advice, may choose another to govern them: of which more before.