The Sovereign Power of Parliaments Part 4, Appendix (1 of 4)

The Sovereign Power of Parliaments Part 4 · 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 Judah, 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, Parliaments, People, who had not only a power to reſtrain, but cenſure and remove their Emperours. and Princes for their Tyranny and miſgovernment.

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 exorbitant 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 theforecited 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 ſudenly) 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 Judah 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 or Princes perſons. I ſhall begin with whole Kingdomes, Senates, Dyets, Parliaments, People, not in the Emperors, Kings, the Roman State, as having much affinity with curs, **See Camb. Br. Math. it estm. Polychr. Fabian, Holinſh. Speed, Grafton, Grimston.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. 2…0.Romulus being elected King, divided the people into two Rankes; thoſe of the higheſt quality, he ſtiled Senators, making them a Court of Counſell and Justice, 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 night time, 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. l. 14. 15. Edit …rancofurti, 60…. Dionyſ. Hal. l. 2. ſect. 7. 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 leſt 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 p. 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. 17. Dionyſ. Hol. l. 3. c. 10. Tullus Hoſtilius by the people 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 KingffLiviel. 1. p. 25. Dionyſ. 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 hedying; Servins 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? tantoque conſenſu, quanto hand quiſquam alius ante rex eſt declaratus. But Tarquin the Proud affecting the Kingdome ſlew Servius; andkkIbid p. 36, 37, …8, 44. Dionyſ Holbicar. l. 4. c. 5 to the end. Non Commitiis 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 bee 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. 45, 47. Dionyſ. Hal, l, 4, c, 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. … Dionyſ. … 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 bypp… l. 2. ſect 2. p. 13…, 133, 134. Dionyſius Halicarnaſſeus, qqHiſtoriae, l: 6, p. 529, 530, 534.Polibius, rrHiſt. l, 1, & 2, l, 27, p, 3…0,Livy, ssGe, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240,Alexander ab Alexandro, ttCom. weal, l, …, c, 10,Bodin, (andvvRoſiaus, Godwin, and others: and Munſt, Coſmogr, l, 3, c, …, p, …80, 28, & c, 16, p, 3…, 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 i…vitam, qua peperiſtis, Liv, Hiſt, l, …, r, …0, 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…, Coſmog, l, 2, c, 63 Grimſtons imperiall Hiſtorie, Suetonius, Dion Caſſius, Herodian, …utropius, Zoaaras, Sabellicus, Chronicon Chron…rum, Opmeerus, Speed and others in theſe Emperor lives, and others. Octavius to Leo the first, and more particularly by the Senates and Peoples election and confirmation of Nerva Pertinax, Severus, Gordianus, Maximus Pupienus, Clodius Balbinus, Philip, Decius, Trebonianus, 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. 2, … Munſter Coſm. l …. c. …, p. 296, after the death of Aurelianus, the Army ſent word to the Senate, that (as reaſon was) they ſhould chuſe and name an Emperor, and that they would obey him. After ſix months ſpace (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earneſtly refuſed the ſame at firſt, but in the end accepted thereof, to the great joy of the Senate and Roman people. After whoſe deceaſe ccGrim. impe. Hiſt. p. 208.Prebus, being choſen Emperor by the Legions and Army, he preſently wrote a letter to the Senate, excuſing himſelfe for having accepted the Empire without their knowledge and confirmation: whereupon the Senate confirmed his election with many bleſſings, gave him the name of Auguſtus, Father of the Countrey; made him High Prieſt, and gave him Tribunall Power and Authority.

p. 5Secondly, This is manifeſt by the confeſſions, and Actions of the beſt Roman Emperours. ddCommentar. l. 23. f. 238.Volateranus writes of Trajan (theeeSee Eutropius, Sabellicus, Zonaras, Grimſton, Munſter in his life: Paneg. Trojano 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. 25.Niciphorus, andhhHiſtory of Gr. Brit. 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 contenment of all the Roman People; and going into Thracia againſt the Gothes, he left the Government in the hands of the Senate; permiting 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 imperiall Hiſt. p. 196. 205. Claudius the ſecond, and Tacitus did nothing without the conſent, advice, and counſell, of the Senate, either in matter 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 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 Caeſars 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 Soveraigne 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 Emperour nnGrimſton, Suetonius, Eutropius, Zonaras Volateranus, Sabellicus, Math. Weſtm. Polychronicon, Opmetrus Chron, Chronicorum, Speed, and others in his life.whom the Senate judicially depoſed, condemned for his tyranny and miſgovernment, as a publike enemy to the State, adjudging him to have his head fastned to aforke, 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 avoyd the execution of it, murthered himſelfe with a poinyard. So whenooGrimston, Entropius, and others in his life. Domitian was ſlain, the Senate aſſembling the ſame day, cauſed all his Statues to be throwne downe, and all the inſcriptions and memorials of him to be cancelled, defaced; and elected Nerva Emperour. ppGrimſtons imperial Hiſt. p. 160. Munſter Coſmog l. 2. c. 63. p. 2, 2.Didus Julianus 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 Repentinus 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 Julianus 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 Julianus being generally abandoned, they commanded him to be ſlaine in his pallace. qqGrimſton ib. p. 160. Aelii Lampridii Heliogabalus, Zonares, Sabellic. 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. SorrGrimſt. in his life p. 170, to 174. with Jul. Capitol, Sabellicus, 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, …o 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 Jupiter, choſe Maximus Pupienus and Clodius Balbinus Emperours, and to pleaſe the people which conſented not to their election, 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 bodily 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 and 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 Juſtine 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. Zouaras, Nauclerus, Sabellicus Grimſton, and others. lives; Of which I ſhall recite ſome inſtances.vvIoan…es Zonaras, Annal. Tom. 3. p. 9…. Grimſt. p. …45. Eutropius, l. 1…. p 154. See Munſteri Coſm. l 4. c 59. throughout. Julian the Apostate dying, Jovinian, 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 obedience to him, and gave him the Imperiall Enſignes. He being caſually ſmoothered to death; xxZonaras ib. Grimſt. p. …47. and Munſter, l. 4. c. 59Valentinian 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 Endoxia, with the Senates and Patriarchs p. 7aſſent, was elected and crowned Emperour: After whoſe poiſoningzzZonara. ib. f. 124. 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, defiring him to remove him from that dignity, who ſoone after flew 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. …, 127, 128. Grimſt. p. 306. Anaſtaſius, de ſententia Senatus & Legionum, was elected Emperour by the Senates and Legions decree. He dying,ccZonaras ib. f. 127. 128. Grimſt. p. 306. Juſtinus, by the generall conſent both of the Senate, people, and Souldiers was elected Emperour, though but a ſwineheard in his yonger dayes; who creating Juſtinian for his Succeſſor, the people gave their conſents thereto, with happy acclamations. SoddGrim. p. 3…7 Conſtans the ſecond was made Emperour by the Senate of Conſtantinople. eeZonar. f. 137Philipicus uſurping the Empire against the peoples and Senates liking, they roſe up againſt him, depoſed him: and asffDeſex Aetatemundi. Beda ggIn Philyppico.Marianus hhl, 5. c. 15.Otho Friſingenſis andiiAn. 713. Abbas Ʋſpergenſis write; The people of Rome decreed, that neither his name, nor letters, nor coyne ſhould be received. And thekkZonaras Tom. 3, f. 137 Senate and people of Constantinople created Anthemius Emperour in his place, giving him the name of Anaſtatius. ThusllZonaras, ibid, 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, a toto Senatu, populo & ſacerdotibus, was elected and ſaluted Empreſſe. nnNicetae Chroniatae, Annales 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. Coſmog. l. 4, p. 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 ppMunsteri Coſm. l. 4, c. …9.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 500. 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 Patriarch, 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 preſently tooke away the grievous tribute called Aurargenteum, which much oppreſſed the people. Thus whenſſZonaras 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 **ſe… (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 bytt…. Polyenctus keeping John Zimiſ…ea 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 homocidies committed by him.

Fifthly, The Roman Senate and people had power to divide the Empire, and to create a new Emperour at Rome in the Weſt, diſtinct from that of Conſtantinople in the Eaſt: About the yeare of Chriſt 456vv… See Mua. Coſin, l. 2. c. 4. & l. 4. c, 59. 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 th…e 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 yy….Sabellicus andzzBp. Bilſons true difference between Chriſtian Subjection and unchriſtian … Nauclerus vol. 3 Genera… 26, An, 753. Sigebert, Chron. An. 801. Aencas Sylvius de Author. Rom. Imperii c. 9 Munſt. Coſinog, l. 2. c. …4. 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 Conſantine to Conſtantinople, for ayd, aſſuring him, that unleſſe he ſent them ayd the City and whole Country would 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. aa… c 3.Platina, bbDecad▪ 2. l. …,Blondus, ccVol. 3, Gen. 27. An, 800.Gen 27Nauclerus, dd…nead. …. …, 8Sabellicus, eeAnnal, …o… rum, l. 4. f. 344.Aventinus, ffAnno …01.Sigebert, gg…. 5, c, …9,…riſingenſis, 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, tacito 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 Clarles, and other French and German Princes. A moſt cleare demonſtration, that the moſt abſolute Soveraigne power and diſpoſall of the Empire reſided not in the Emperours themſelves, but in the Sen…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 Avontine, 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 Vald. de dignitate Regum Hiſp. c, 18, Munſt. Coſm. 1. 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 Scots and Picts from the Saxons, 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 Commonwealth had as good right 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 gloriae mundi 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 beſeiged 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 mundi: 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, till 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 Vſper genſis, Nauclerus, Rerum Germanicarum Scriptores, Munſt Coſmogr. l3, Bp. Iewels veiw of a ſeditious Bull. and others in their lives, and Iohn White his Defence of the war, 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 Subjects, Sons, and the Princes electors, through the Popes procurement; I ſhall pitch only p. 10upon ſuch preſidents as are pertinent to my purpoſerrGrinſt Imp. Hiſt p, 104, Munſt. coſmog. l. 3, p. …4. Hermolds Chron. Slauorum l. 1, …. 7. Iean Creſſin La ſtate de Le … 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 excream 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, …. p, …15, 416 404 Grimſt. Im. Hiſt. p, 576. 581, 582. Iean Criſp. Le state de Le g…ſe. 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, …03, 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 inxxConſm. 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. 222, 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 principallmen: the SOVERAIGNTY nevertheleſſe ſtill RESTING IN THE PEOPLE AND SENATE, the Emperour having the Soveraigne authority only in fact, 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. 157, &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. AndddCatalogue Gloriae Mundi. pars. 5. Conſid. 29. p. 246. Caſſanaus 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, Nero, 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 Senate & 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. Gloriae 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, 8. Fitzherbert Petition. The petition of Right 3. Caroli. See Aſhes Tables Annuity: 2. Amerciament. 8. entr, Congeable 84. Entruſion 1, Petition and Traverſe des Offices throughout & Habeas corpus Hieron. Blanca. Aragon. Rerum Comment. p. 188. 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 2:2…rdained, to rule llProv. 8. 15. Deut. 1. 17. 2 Chr. 19. 6, 7.Prov 8:15Deut 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 … 2, 3, 4, 5. Caſſanaeus Catalogus gloriae 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 Balaeus de vitis Pontificum. Morneys Misterium, and …ere, part. 1. queſtioned, conſured, 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 groſſeſt exorbitances? OurooBp. Iewels veiw of a ſeditious Bull. Matt. Paris and Speed, in King Iohus life: Bp. Bilſons true Zifere…ce, &c. part. 3, p. …09, 10 526. Saxo grammatticus Hiſt. Daniael, 11. p. 189, 190. Popiſh Prelates and Clergy generally heretofore, and ſome of our ProteſtantppBp. Bridges his ſupremacy of Chriſtain Princes. p. 1034. Biſhops and Divines of late times, from St. Ambroſe his practiſe, have held, that kings for murthers, rapes, and great crying offences 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 times, 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 pr… Deiorato Rege. p 629. Deioratus King of Galatia under the Romans Iuriſdiction, 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 it a inuſitatum eſt, Regem capitis reum eſſe, 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 Detoratus rrIoſephus Antiqu. Iudaeorum, l, 15, c, 1. Alexander ab Alexandro. Gen. Dierum l. 3. c, 5, f. 126.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 abid Strabo 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 Italy) 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, c, 76, … 16. Gen: hist, of France. p. 3…. 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 death, and depoſed from his Crown by the ſentence of his Peeres, for murthering his Nephew, Arthur, (then a Subject of France) with his owne hands: SoxxSpeed, p. 653, 654 Hect. Boetius, l, 14. Walſing, Holinſ. Fabian, Graſt. 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 Fothringhom 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 briefe 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 life, 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 Supercrity 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 poverts 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 placed 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 autem 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 Guards: 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 Commonwealth, 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 patterne.hhGenial Dierum. l. 4. c. 23. f. 238. & l. 3. c. 3. f. 117. De Moribus Gentium. See Xenophon Hist. Grac. 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 Heraclidae, 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, Quia juris omnis 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 Athaean 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 nihil reſtat negotii, quàm ut rerum divinarum reſpectu ſit Sacerdos, humanarum vero Imperator, Xenophon Lacede. Reſp. …89. 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 Kingdoms 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 … Tyrannicos voluit, Lycurgus, neque civibus eorum poteſtatem inviſam reddere, tooke an ooXeno. de Lacedem. Repub. p. 690.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. Calius 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, …. c, 3, f, 117.ancient Carthaginians had two kings, whom they ſtiled Suffites; who were but annuall, removed every yeares p. 15Yea, the Ibersans 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. 6… 9. Alex, ab Alex. l. 3. c. 3. Diodorus Siculus Bibl. hiſt. l. 3. c 6. p. 140, 141.Meroe, where they elected their kings by their beauty, ſtregth 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 withdrew themſelves from him and avoided his company till he was killed with griefe and conſumption. The uuStrabo 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 woman (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 Selavonians, recorded by xxHiſt. Daniciae, l. 8. p. 40.Saxo Grammaticus, that the aſſaſſinate of evill Kings ſhould ſucceed them in their kingdomes; a thing 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.Moſſeriaes 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-germans or brothers children, they ſhall not ſucceed him in the kingdome, but his ſister: 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 defloure 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.Thraciae, 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, leſt hee alone ſhould judge in capitall cauſes: And if he be convicted of any offence, be 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 Alexandro.nnGeog. lib. Strabo, ooDe Moribus 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 ancientrrDiod. Sicul. Bibl. hist. l 3. c. 5. p. 140. Boem. de moribus Gent. l. …. c. …. p. 27. Forteſ de Laud. Leg. Ang, c. 12. Aethiopiant 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 Countey, neither ought he to reward or puniſh any man himſelfe, though chiefe parts of Royalty. The ſſ…oem. demor. Gent. l. 3. c, 12. p. 341.old German kings had no free nor infinite, but a reſtrained p. 16and bounded power by the Lawes.ttBibl. Hist. l. 1. ſect. 70. 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 ob noxious 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 he there manifeſts in ſundry particulars) both 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 vvMemorabilium, 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 to 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 Aegyptian did, yyMunst. Coſmog. l. 6. c. 15. p. l. 298 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 Threne; 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. Fertullian ſaith, that never any God was received in Rome without the decree of the Senate,)**See Livy 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 bbAnnalium …. 1. Commonw. l. 3. c. 1. p. 2…6.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 parallell our owne; The Kings of France (to whomeePars 5. conſid. 29, 30, 31. p. 243. &c. Caeſſanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperour himſelfe, while but elect, before his Coronation,) have in ancient times been inferiour to their Kingdomes, Parliaments, and ſubject to their cenſures even to depoſition, if not more, thoughffCaſſan. Ibid. & Bodin Commonw. l. 2. c. 5. l. 1. c. 10. 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 p. 18hurt and deſtruction of good men, IT ALWAYES HATH AND SHALL BE LAWFVLL not for ſtrangers onelyonly, but even for the ſubjects themſelves 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 were 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, nor 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. c. 155. par. 6. p. 154. 160. 164. 243, 244. par. 7. p. 107, 108. 280, 282. Andrew Favi…s Theatre of Honor, l 2. c. 12. Munſteri Coſmog. l. 2. c. 40. p. 139, 140. Paulus Aemylius, l. 1. Mercators 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 Kings 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 Aemyl l. 1. Gaguinus and the generall Hiſtory of France in his life, Iean Criſpin Leſtate de Legliſe p. 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 untill 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 in kk2. H. 5. f. 35. &c.Hall and llHiſt. p. 685. 687, 786. 787. &c.Speed.mmFabian. pa. 1. c. 86. Gagui. Emyl. the Generall Hist. of France, Creſpin, Munſt. and others in his life Childericus the fourth King of France about the yeare 460. giving himſelfe to all vice and cruelty in ſuch extreame wiſe, that hee became obible to his ſubjects, perceiving 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 ſubjects that by the helpe of Guynemeus, they depoſed and chaſed him into Soyſons; and ſending for Childerious againe, reſtored and made him King: after whoſe death his ſonne Clodovius, was by the people ordained and authoriſed for King of France: between whoſe foure ſonnes it was afterwards divided nnFabian, 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. … c. 132. Gaguinus, Paulus Aemilius, 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 Lords 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. Gaguinus. Aemylius. Creſpin, the generall Hiſtory of France, in his life, and the life of Childericus.Theodoricus king of France, giving himſelf 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 Subjects 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 brother to Thesdericus King, Ann. 669. who oppreſſing his ſubjects 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 Treaſpaſſe 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 Commom-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. Daegobert the ſecond dying without any Iſſue or knowne Heire 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, Opmeereus, in the life of Childericke and Pipin, Aventinus Annal. Poyor. l. 3. Antonini Chron. Tit. 14. nu. 1. ſect. 2. Munſt. Coſmog. l. 2. c. 41. …. Iewels Reply, p. 341, 342, 343. Biſhop Bilſon of Chriſt. ſubiection &c. par. 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus, vol. 3. gen. 26. Regino, l. 2. An. 722. Papyrius Maſſon, An. in Child. p. 83. ….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 take… 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 this 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 liſt. 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 King ttLambards 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. Blendus 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. 132. p, 141. Amonius de geſt. Franc. p. 403.Zech 1being a Sott, a foole, a beaſt, 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 by xxHiſt. l. 6. 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 ferunt homines quem Princeps parum faliciter genuit 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 by yyPart. l 5. …, …0.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 point of Police 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 forceited 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 GAVDENTIBVS ET VOLENTIBVS, Pipinum ſuper Francos REGNARE FACIVNT; writes zzChron. 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.