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FOurthly it must be noted, Although the highest power be one and undivi∣ded by it self, consisting of the parts a∣bove set down, supremacy * 1.1 being added; Yet may it sometimes happen to be divided * 1.2, either by parts, which they call potential, or by parts subjective.
So when the Roman Empire was one, it often came to pass, that one Ruler had the East, another the West, or that three divided the world between them. And so it may be, that a people choosing a King may reserve some acts to themselves, and may commit others to the King with full right. Yet is not that done, as we have shewed already, whensoever the King is bound up with certain promi∣ses, but then we must conceive it to be done, if either a partition be made ex∣presly † 1.3, of which we have spoken afore; or, if a people, yet free, lay upon their future Kings a charge by way of an abiding precept; or, if a clause be added to signifie that the King may be compeld or punisht. For a precept is from a superiour, superiour at least in that particular which is given in precept: and to compell is not alwaies the pro∣perty of a superiour (for also natural∣ly every one hath a right to compel his debtor) but is repugnant to the nature of an inferiour. Parity therefore at least follows from coaction, and so a division of the supremacy. Against such a State, as being double headed, many allege many incommodities: but (as we have also said above) in civil affairs there is nothing wholy without incommodities; and Right is to be measured, not by that which seems best to you or me, but by the will of him whence right ariseth.
An antient example is brought by Pla•…•… in his third de legibus: For when the House of Hercules had built Arg•…•… Messena and Lacedemon, the King were bound to keep their Governmen•…•… within the bound of prescribed Laws; an•…•… whilst they did so, the people were obli∣ged to leave the Kingdom to them and their posterity, and suffer none to take it from them. And to this, not only King and their own people have mutually 〈◊〉〈◊〉 venanted, but Kings with other Kings, * 1.4 and one people with another people, and Kings with neighbourig States, and States with neighbouring Kings, have entred into Covenant, and promis'd aid to 〈◊〉〈◊〉 other respectively.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Vide Zazi∣um singularium responsorum lib. 2. c. 31.
Ita Probi tem∣pore Senatus firmabat prin∣cipum leges, de appellationibus cognoscebat, pro∣consules creabat, legatos consuli∣bus dabat. Vide & Gail. lib. 2. observ. c. 57. num. 7. & Card. Manti∣cam de tacitis & ambiguis conventionibus lib. 27. tit. 5. num. 4.
Exempla sunt cum plura in historia popu∣lor 〈◊〉〈◊〉 septentrio∣nalium. Vide Joannem Mag∣num historia Suedica lib. 15. & 29. Crant∣•…•… Suedicorum 5. Pontanum Danicorum 8.