Afterward when Henry the Fifth dispossessed his Father of the Imperial Throne, and ca••••'d himself to be plac'd on it in his stead, this was done by all the Princes of Germany indifferently; as it is related by Otho Frisingensis, and by the Abbot of Ursperge. Lotharius the Second was in like manner elected Emperor by the Princes of the Empire, at the sollicitation of the Archbishop of M••••tz. When Conrad the Third was at first only chosen by a small number of Princes, and Henry of Bavaria with some Saxon Princes revers'd his Election, because they were not present, it was requisite to call a general Assembly of all the Princes, in which the Saxons assisted, and gave con∣sent to his Election. After the death of Conrad, Frederick Barbarossa was proclaim'd Emperor in an Assembly of all the Princes of Germany, in which the Barons of Italy were also present. Lastly, In the time of Pope Innocent the Third, the German Princes being divided, after the Death of Hen∣ry the Sixth some of them elected his Brother Otho, and others Philip of Schwaben; on which oc∣casion Letters were written on both sides to the Pope: The Electors of Otho were, the Archbishop of Cologn, the Bishop of Paderborn, two other Bishops, and two Abbots, the Duke of Lorrain and Brabant, the Marquess of the Sacred Empire, and the Count of Kuk, who declare in the Body of the Letter, that they elected Otho, and confirm their Proceedings by their respective Seats. Those of the contrary Party were the Archbishops of Madgeburg, Trier, and Resancon; the Bishops of Rat••bon, Frisingen, Augsburg, Constantz, Eichstadt, Worms, Spire, Hildersheim, and Brixen; the Chancellour of the Emperial Court, four Abbots, the King of Bohemia, the Dukes of Saxony, Ba∣varia, Austria and Moravia; the Marquess of Raversperg, and other Potent Noble-men of Germany, who all declare that they had chosen Philip Emperor, and that many other German Princes had con∣sented to his Election by Letters.
This evidently proves that the Election of the Emperors was not reserv'd to the seven Electors, but that it belong'd to all the Princes of the Empire. Innocent the Third replying to those Letters, That his Legat was not capable of assisting at the Election of an Emperor, either in quality of an Elector, or in that of a Judge; not as an Elector, because it does not belong to him; but to the Princes, on whom the Power of choosing the Emperor is devolv'd according to ancient custom; more especially in regard that they receiv'd it from the Holy See, which transferr'd the Roman Empire, in the Person of Charlemagn, from the Grecians to the Romans. These are the words of that Pope, which are manifestly misap∣plyed, when alledg'd in behalf of the seven Electors: it being apparent, that in this place, he makes mention of all the Princes of the Empire, who had an inherent Right to elect the Emperors ever since the time of Charlemagn; affirming that neither had his Legat acted as a Judge, in regard that he had not proceeded against Philip in a Judiciary Form, nor pass'd any Judgment upon the Validity or Nullity of the Election: That therefore he had only perform'd the Function of a Denouncer, by declaring to them, that the Duke was Incapacitated from being elected, whereas Otho was not. That many of those persons, who had a right to choose the Em∣peror, had approv'd Otho's Election: And that they who had chosen Philip, had for∣feited their Right, by carrying on the Election, in the absence, and to the contempt of the others. That besides, Philip was not crown'd Emperor, either in the place where i•• ought to have been done, or by a person, whose office it was to perform the Ceremony: whereas Otho was crown'd at Aix-la-Chapelle, which was the proper place for his Coronation, and by the Archbishop of Cologn, whose Right it was to officiate at the Solemnity: That therefore he nominated and declar'd Otho Emperor, being incited thereto by a principle of Justice, as also upon account that he had a Right to favour whom he thought fit, when the Suffrages of the Electors were divided: That be∣sides, there were several lawful Impediments against Philip Duke of Schwaben, as his being Excommunicated, Attainted of Perjury, and descended of the Race of the Persecutors of the Church.
Thus this Answer supposes that these persons, who had a right to choose the Emperor, and who are mention'd by this Pope, are not only the seven Electors, but also all the Princes and Noble-men of the Empire, of whom a party had elected Otho, and the greater number Philip of Schwa∣ben: But after the death of the latter, all the Suffrages were re-united in favour of Otho A. D. 1209. and in the following year, Otho being Excommunicated, the Princes of Germany, viz. the King of Bohemia, the Dukes of Austria and Bavaria, the Landgrave of Thuringen, and many others being assembled, elected Frederick King of Sicily Emperor. Hitherto we find no mention of the seven Electors; and indeed the first Writer that makes any, is the Cardinal of Ostia, who liv'd in the time of Pope Innocent the Fourth, and speaks of them in his Commentary on the Decretal of Inno∣cent the Third, where he affirms that the Electors mention'd in that place, are the Archbishops of Mentz, Cologn, and Trier, the Count Palatine of the Rhine, the Duke of Saxony, the Marquess of Brandenburg, and the Duke of Bohemia. Matthew Paris writing the History of the Council of Lyons, at the same time reports, that after the Deposing of Frederick, Pope Innocent the Fourth or∣dain'd that the seven Electors should pass into an Island of the River Rhine, there to choose an Em∣peror; but those seven Electors, whom he names, are the Archbishops of Cologn, Mentz, and Saltz∣burg, and the Dukes of Austria, Bavaria, Saxony, and Brabant. However, Martinus Potonus a con∣temporary Writer, names the seven Electors after this manner, that is to say, the three high Chan∣cellors of the Empire, viz. the Archbishop of Mentz, the Chancellor of Germany, the Archbishop of Trier Chancellor of Gaul, the Archbishop of Cologn Chancellor of Italy, the Marquess of Bran∣denburg High Chamberlain, the Palatine of the Rhine High Steward, the Duke of Saxony Gentle∣man of the Horse, and the King of Bohemia High Cupbearer. This Author says thus much in speak∣ing