Title: Franco-Gallia - Or, An Account of the Ancient Free State of France, and - Most Other Parts of Europe, Before the Loss of Their - Liberties
Author: Hotman, François, 1524-1590
Language: English
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inconsistencies have been retained in this etext.]



Franco-Gallia:
OR, AN
ACCOUNT
OF THE
Ancient Free State
OF
_FRANCE_,
AND
Most other Parts of EUROPE,
before the Loss of their Liberties.

       *       *       *       *       *

_Written Originally in Latin by the Famous Civilian_
FRANCIS HOTOMAN,
In the Year 1574.
_And Translated into_ English _by the Author of the_
Account of DENMARK.

       *       *       *       *       *

The SECOND EDITION, with Additions, and
a _New Preface_ by the Translator.

       *       *       *       *       *

LONDON:

Printed for Edward Valentine, at the Queen's Head
against St. Dunstan's Church, Fleetstreet, 1721.

Translated by
The Author of the _Account
of_ DENMARK.



The BOOKSELLER
TO THE
READER.

_The following Translation of the Famous_ Hotoman's Franco-Gallia _was
written in the Year 1705, and first publish'd in the Year 1711. The
Author was then at a great Distance from_ London, _and the Publisher of
his Work, for Reasons needless to repeat, did not think fit to print the
Prefatory Discourse sent along with the Original. But this Piece being
seasonable at all Times for the Perusal of_ Englishmen _and more
particularly at this Time, I wou'd no longer keep back from the Publick,
what I more than conjecture will be acceptable to all true Lovers of
their Country._



THE
TRANSLATOR's
PREFACE.

Many Books and Papers have been publish'd since the late _Revolution_,
tending to justify the Proceedings of the People of _England_ at that
happy juncture; by setting in a true Light our just Rights and
Liberties, together with the solid Foundations of our _Constitution:_
Which, in truth, is not ours only, but that of almost all _Europe_
besides; so wisely restor'd and establish'd (if not introduced) by the
_Goths_ and _Franks_, whose Descendants we are.

These Books have as constantly had some things, called _Answers_,
written to them, by Persons of different Sentiments; who certainly
either never seriously consider'd, that the were thereby endeavouring to
destroy their own Happiness, and overthrow her Majesty's Title to the
Crown: or (if they knew what they did) presumed upon the _Lenity_ of
that Government they decry'd; which (were there no better Reason) ought
to have recommended it to their Approbation, since it could patiently
bear with such, as were doing all they could to undermine it.

Not to mention the Railing, Virulency, or personal false Reflections in
many of those Answers, (which were always the Signs of a weak Cause, or
a feeble Champion) some of them asserted the _Divine Right_ of an
_Hereditary Monarch_, and the Impiety of _Resistance_ upon any Terms
whatever, notwithstanding any _Authorities_ to the contrary.

Others (and those the more judicious) deny'd positively, that sufficient
_Authorities_ could be produced to prove, that a _free People_ have a
_just Power_ to defend themselves, by opposing their _Prince_, who
endeavours to oppress and enslave them: And alledged, that whatever was
said or done tending that way, proceeded from a Spirit of _Rebellion_,
and _Antimonarchical Principles_.

To confute, or convince this last Sort of Arguers (the first not being
worthy to have Notice taken of them) I set about translating the
_Franco-Gallia_ of that most Learned and Judicious _Civilian_, _Francis
Hotoman_; a Grave, Sincere and Unexceptionable Author, even in the
Opinion of his Adversaries. This Book gives an Account of the Ancient
Free State of above Three Parts in Four of _Europe_; and has of a long
time appeared to me so convincing and instructive in those important
Points he handles, that I could not be idle whilst it remain'd unknown,
in a manner, to _Englishmen_: who, of all People living, have the
greatest Reason and Need to be thoroughly instructed in what it
contains; as having, on the one hand, the most to lose, and on the
other, the least Sense of their Right, to that, which hitherto they seem
(at least in a great measure) to have preserv'd.

It will be obvious to every Reader, that I have taken no great Pains to
write elegantly. What I endeavour at, is as plain a Stile as possible,
which on this Occasion I take to be the best: For since the Instruction
of Mankind ought to be the principal Drift of all Writers (of History
especially); whoever writes to the Capacity of most Readers, in my
Opinion most fully answers the End.

I am not ignorant, how tiresome and difficult a Piece of Work it is to
translate, nor how little valued in the World. My Experience has
convinced me, that 'tis more troublesome and teazing than to write and
invent at once. The Idiom of the Language out of which one translates,
runs so in the Head, that 'tis next to impossible not to fall frequently
into it. And the more bald and incorrect the Stile of the Original is,
the more shall that of the Translation be so too. Many of the Quotations
in this Book are drawn from Priests, Monks, Friars, and Civil Lawyers,
who minded more, in those barbarous Ages, the Substance than the Stile
of their Writings: And I hope those Considerations may atone for several
Faults, which might be found in my Share of this Work.

But I desire not to be misunderstood, as if (whilst I am craving Favour
for my self) I were making any Apology for such a Number of mercenary
Scribblers, Animadverters, and Translators, as pester us in this Age;
who generally spoil the good Books which fall into their Hands, and
hinder others from obliging the Publick, who otherwise would do it to
greater Advantage.

I take this Author to be one of those few, that has had the good Luck to
escape them; and I make use of this Occasion to declare, that the chief
Motive which induces me to send abroad this small Treatise, is a
sincere desire of instructing the only Possessors of true Liberty in the
World, what Right and Title that have to that Liberty; of what a great
Value it is; what Misery follows the Loss of it; how easily, if Care be
taken in time, it may be preserv'd: And if this either opens the Eyes,
or confirms the honourable Resolutions of any of my worthy Countrymen, I
have gained a glorious End; and done that in my Study, which I shou'd
have promoted any other way, had I been called to it. I hope to die with
the Comfort of believing, that _Old England_ will continue to be a free
Country, and _know_ itself to be _such_; that my Friends, Relations and
Children, with their Posterity, will inherit their Share of this
inestimable Blessing, and that I have contributed my Part to it.

But there is one very great Discouragement under which both I, and all
other Writers and Translators of Books tending to the acquiring or
preserving the publick Liberty, do lie; and that is, the heavy Calumny
thrown upon us, that we are all _Commonwealth's-Men_: Which (in the
ordinary Meaning of the Word) amounts to _Haters_ of _Kingly_
Government; now without broad, malicious Insinuations, that we are no
great Friends of the present.

Indeed were the _Laity_ of our Nation (as too many of our _Clergy_
unhappily are) to be guided by the Sense of one of our Universities,
solemnly and publickly declared by the burning of Twenty seven
Propositions (some of them deserving that Censure, but others being the
very Foundation of all our Civil Rights;) I, and many like me, would
appear to be very much in the wrong. But since the _Revolution_ in
Eighty-eight, that we stand upon another and a better Bottom, tho no
other than our own old one, 'tis time that our _Notions_ should be
suited to our _Constitution_. And truly, as Matters stand, I have often
wondred, either how so many of our Gentlemen, educated under such
Prejudices, shou'd retain any Sense at all of Liberty, for _the hardest
Lesson is to unlearn_; [Footnote: St. Chrysostom] or how an Education so
diametrically opposite to our Bill of Rights, shou'd be so long
encouraged.

Methinks a _Civil Test_ might be contrived, and prove very convenient to
distinguish those that own the _Revolution Principles_, from such as
Tooth and Nail oppose them; and at the same time do fatally propagate
Doctrines, which lay too heavy a Load upon _Christianity_ it self, and
make us prove our own Executioners.

The Names of _Whig_ and _Tory_ will, I am afraid, last as long among us,
as those of _Guelf_ and _Ghibelline_ did in _Italy_. I am sorry for it:
but to some they become necessary for Distinction Sake; not so much for
the Principles formerly adapted to each Name, as for particular and
worse Reasons. For there has been such chopping and changing both of
Names and Principles, that we scarce know who is who. I think it
therefore necessary, in order to appear in my own Colours, to make a
publick Profession of my _Political Faith_; not doubting but it may
agree in several Particulars with that of many worthy Persons, who are
as undeservedly aspers'd as I am.

My Notion of a _Whig_, I mean of a real _Whig_ (for the Nominal are
worse than any Sort of Men) is, That he is one who is exactly for
keeping up to the Strictness of the true old _Gothick Constitution_,
under the _Three Estates_ of _King_ (or _Queen_) _Lords_ and _Commons_;
the _Legislature_ being seated in all Three together, the _Executive_
entrusted with the first, but accountable to the whole Body of the
People, in Case of Male Administration.

A true _Whig_ is of Opinion, that the Executive Power has as just a
Title to the _Allegiance_ and Obedience of the Subject, according to the
_Rules of known Laws enacted by the Legislative_, as the _Subject_ has
to _Protection, Liberty_ and _Property_: And so on the contrary.

A true _Whig_ is not afraid of the Name of a _Commonwealthsman_, because
so many foolish People, who know not what it means, run it down: The
_Anarchy_ and _Confusion_ which these Nations fell into near Sixty Years
ago, and which was _falsly_ called a _Commonwealth_, frightning them out
of the true Construction of the Word. But Queen _Elizabeth_, and many
other of our best Princes, were not scrupulous of calling our Government
a _Commonwealth_, even in their solemn Speeches to _Parliament_. And
indeed if it be not one, I cannot tell by what Name properly to call it:
For where in the very _Frame_ of the _Constitution_, the Good of the
_Whole_ is taken care of by the _Whole_ (as 'tis in our Case) the having
a _King_ or _Queen_ at the Head of it, alters not the Case; and the
softning of it by calling it a _Limited Monarchy_, seems a Kind of
Contradiction in Terms, invented to please some weak and doubting
Persons.

And because some of our _Princes_ in this last Age, did their utmost
Endeavour to destroy this Union and Harmony of the _Three Estates_, and
to be _arbitrary_ or _independent, they_ ought to be looked upon as the
_Aggressors_ upon our Constitution.

This drove the other _Two Estates_ (for the Sake of the publick
Preservation) into the fatal Necessity of providing for themselves; and
when once the Wheel was set a running, 'twas not in the Power of Man to
stop it just where it ought to have stopp'd. This is so ordinary in all
violent Motions, whether mechanick or political, that no body can wonder
at it.

But no wise Men approved of the ill Effects of those violent Motions
either way, cou'd they have help'd them. Yet it must be owned they have
(as often as used, thro an extraordinary Piece of good Fortune) brought
us back to our old Constitution again, which else had been lost; for
there are numberless Instances in History of a Downfal from a State of
_Liberty_ to a _Tyranny_, but very few of a Recovery of _Liberty_ from
_Tyranny_, if this last have had any Length of Time to fix it self and
take Root.

Let all such, who either thro Interest or Ignorance are Adorers of
_absolute Monarchs_, say what they please; an _English Whig_ can never
be so unjust to his Country, and to right Reason, as not to be of
Opinion, that in all Civil Commotions, which Side soever is the
_wrongful Aggressor_, is accountable for all the evil Consequences: And
thro the Course of his reading (tho my Lord _Clarendon's_ Books be
thrown into the Heap) he finds it very difficult to observe, that ever
the People of _England_ took up Arms against their _Prince_, but when
constrain'd to it by a necessary Care of their _Liberties_ and true
_Constitution_.

'Tis certainly as much a _Treason_ and _Rebellion_ against this
_Constitution_, and the _known_ Laws, in a _Prince_ to endeavor to break
thro them, as 'tis in the _People_ to rise against him, whilst he keeps
within their Bounds, and does his Duty. Our Constitution is a Government
of _Laws_, not of _Persons. Allegiance_ and _Protection_ are Obligations
that cannot subsist separately; when one fails, the other falls of
Course. The true Etymology of the word _Loyalty_ (which has been so
strangely wrested in the late Reigns) is an entire Obedience to the
Prince in all his Commands according to Law; that is, to the _Laws
themselves_, to which we owe both an active and passive Obedience.

By the old and true Maxim, that _the King can do no Wrong_, nobody is so
foolish as to conclude, that he has not Strength to murder, to offer
Violence to Women, or Power enough to dispossess a Man wrongfully of his
Estate, or that whatever he does (how wicked soever) is just: but the
Meaning is, he has no _lawful Power_ to do such Things; and our
Constitution considers no _Power_ as _irresistible_, but what is
_lawful_.

And since _Religion_ is become a great and universal Concern, and drawn
into our Government, as it affects every single Man's Conscience; tho my
private Opinion, they ought not to be mingled, nor to have any thing to
do with each other; (I do not speak of our Church Polity, which is a
Part of our State, and dependent upon it) some account must be given of
that Matter.

_Whiggism_ is not circumscrib'd and confin'd to any one or two of the
_Religions_ now profess'd in the World, but diffuses it self among all.
We have known _Jews_, _Turks_, nay, some Papists, (which I own to be a
great Rarity) very great Lovers of the Constitution and Liberty; and
were there rational Grounds to expect, that any Numbers of them cou'd be
so, I shou'd be against using Severities and Distinctions upon Account
of Religion. For a Papist is not dangerous, nor ought to be ill us'd by
any body, because he prays to Saints, believes Purgatory, or the real
Presence in the Eucharist, and pays Divine Worship to an Image or
Picture (which are the common Topicks of our Writers of Controversy
against the Papists;) but because Popery sets up a _foreign Jurisdiction
paramount to our Laws_. So that a _real Papist_ can neither be a true
_Governor_ of a _Protestant_ Country, nor a true _Subject_, and besides,
is the most _Priest-Ridden_ Creature in the World: and (when uppermost)
can bear with no body that differs from him in Opinion; little
considering, that whosoever is against _Liberty of Mind_, is, in effect,
against _Liberty of Body_ too. And therefore all Penal _Acts_ of
_Parliament_ for Opinions _purely_ religious, which have no Influence on
the _State_, are so many Encroachments upon _Liberty_, whilst those
which restrain Vice and Injustice are against _Licentiousness_.

I profess my self to have always been a Member of the _Church_ of
_England_ and am for supporting it in all its _Honours_, _Privileges_
and _Revenues_: but as a Christian and a _Whig_, I must have Charity for
those that differ from me in _religious_ Opinions, whether _Pagans_,
_Turks_, _Jews_, _Papists_, _Quakers_, _Socinians_, _Presbyterians_, or
others. I look upon _Bigotry_ to have always been the very Bane of human
Society, and the Offspring of Interest and Ignorance, which has
occasion'd most of the great Mischiefs that have afflicted Mankind. We
ought no more to expect to be all of one Opinion, as to the Worship of
the _Deity_, than to be all of one Colour or Stature. To stretch or
narrow any Man's Conscience to the Standard of our own, is no less a
Piece of Cruelty than that of _Procrustes_ the Tyrant of _Attica_, who
used to fit his Guests to the Length of his own Iron Bedsted, either by
cutting them shorter, or racking them longer. What just Reason can I
have to be angry with, to endeavour to curb the natural Liberty, or to
retrench the Civil Advantages of an honest Man (who follows the golden
Rule, of _doing to others, as he wou'd have others do to him_, and is
willing and able to serve the Publick) only because he thinks his Way to
Heaven surer or shorter than mine? No body can tell which of us is
mistaken, till the Day of Judgment, or whether any of us be so (for
there may be different Ways to the same End, and I am not for
circumscribing God Almighty's Mercy:) This I am sure of, one shall meet
with the same Positiveness in Opinion, in some of the Priests of all
these Sects; The same Want of Charity, engrossing Heaven by way of
_Monopoly_ to their own _Corporation_, and managing it by a joint Stock,
exclusive of all others (as pernicious in Divinity as in trade, and
perhaps more) The same Pretences to _Miracles, Martyrs, Inspirations,
Merits, Mortifications, Revelations, Austerity, Antiquity_, &c. (as all
Persons conversant with History, or that travel, know to be true) and
this _cui bono_? I think it the Honour of the Reformed Part of the
Christian Profession, and the Church of _England_ in particular, that it
pretends to fewer of these unusual and extraordinary Things, than any
other Religion we know of in the World; being convinced, that these are
not the distinguishing Marks of the Truth of any Religion (I mean, the
assuming obstinate Pretences to them are not;) and it were not amiss, if
we farther enlarg'd our Charity, when we can do it with Safety, or
Advantage to the State.

Let us but consider, how hard and how impolitick it is to condemn all
People, but such as think of the Divinity just as we do. May not the
Tables of Persecution be turn'd upon us? A _Mahometan_ in _Turky_ is in
the right, and I (if I carry my own Religion thither) am in the Wrong.
They will have it so. If the _Mahometan_ comes with me to _Christendom_,
I am in the right, and he in the wrong; and hate each other heartily for
differing in Speculations, which ought to have no Influence on Moral
Honesty. Nay, the _Mahometan_ is the more charitable of the two, and
does not push his Zeal so far; for the Christians have been more cruel
and severe in this Point than all the World besides. Surely Reprizals
may be made upon us; as _Calvin_ burnt _Servetus_ at _Geneva_, Queen
_Mary_ burnt _Cranmer_ at _London_. I am sorry I cannot readily find a
more exact Parallel. The Sword cuts with both Edges. Why, I pray you,
may we not all be Fellow-Citizens of the World? And provided it be not
the Principle of one or more Religions to extirpate all others, and to
turn Persecutors when they get Power (for such are not to be endured;) I
say, why shou'd we offer to hinder any Man from doing with his own Soul
what he thinks fitting? Why shou'd we not make use of his Body, Estate,
and Understanding, for the publick Good? Let a Man's Life, Substance,
and Liberty be under the Protection of the Laws; and I dare answer for
him (whilst his Stake is among us) he will never be in a different
Interest, nor willing to quit this Protection, or to exchange it for
_Poverty, Slavery_, and _Misery_.

The thriving of any one _single Person_ by honest Means, is the Thriving
of the _Commonwealth_ wherein he resides. And in what Place soever of
the World such Encouragement is given, as that in it one may securely
and peaceably enjoy _Property_ and _Liberty_ both of _Mind_ and _Body_;
'tis impossible but that Place must flourish in _Riches_ and in
_People_, which are the _truest Riches_ of any Country.

But as, on the one hand, a true _Whig_ thinks that all Opinions purely
spiritual and notional ought to be indulg'd; so on the other, he is for
_severely punishing_ all _Immoralities, Breach_ of _Laws, Violence_ and
_Injustice_. A Minister's Tythes are as much his Right, as any Layman's
Estate can be his; and no Pretence of Religion or Conscience can warrant
the substracting of them, whilst the Law is in Being which makes them
payable: For a _Whig_ is far from the Opinion, that they are due by any
other Title. It wou'd make a Man's Ears tingle, to hear the _Divine
Right_ insisted upon for any _human Institutions_; and to find God
_Almighty_ brought in as a Principal there, where there is no Necessity
for it. To affirm, that _Monarchy, Episcopacy, Synods, Tythes_, the
_Hereditary Succession_ to the _Crown_, &c. are _Jure Divino_; is to
cram them down a Man's Throat; and tell him in plain Terms, that he must
submit to any of them under all Inconveniencies, whether the Laws of his
Country are for it or against it. Every _Whig_ owns _Submission_ to
Government to be an _Ordinance_ of God. _Submit your selves to every
Ordinance of Man, for the Lord's Sake_, says the Apostle. Where (by the
way) pray take notice, he calls them _Ordinances of Man_; and gives you
the true Notion, how far any thing can be said to be _Jure Divino_:
which is far short of what your high-flown Assertors of the _Jus
Divinum_ wou'd carry it, and proves as strongly for a _Republican_
Government as a _Monarchical_; tho' in truth it affects neither, where
the very Ends of Government are destroyed.

A right _Whig_ looks upon _frequent Parliaments_ as such a _fundamental_
Part of the Constitution, that even no _Parliament_ can part with this
Right. _High Whiggism_ is for _Annual_ Parliaments, and _Low Whiggism_
for _Triennial_, with annual Meetings. I leave it to every Man's
Judgment, which of these wou'd be the truest Representative; wou'd
soonest ease the House of that Number of Members that have Offices and
Employments, or take Pensions from the Court; is least liable to
Corruption; wou'd prevent exorbitant Expence, and soonest destroy the
pernicious Practice of drinking and bribing for Elections, or is most
conformable to ancient Custom. The Law that lately pass'd with so much
Struggle for _Triennial_ Parliaments shall content me, till the
_Legislative_ shall think fit to make them _Annual_.

But methinks (and this I write with great Submission and Deference) that
(since the passing that Act) it seems inconsistent with the Reason of
the thing, and preposterous, for the _first_ Parliament after any
Prince's _Accession_ to the _Crown_, to give the publick Revenue _arising
by Taxes_, for a longer time than that _Parliament's own Duration_. I
cannot see why the Members of the _first_ Parliament shou'd (as the Case
now stands) engross to themselves all the Power of giving, as well as
all the Merit and Rewards due to such a Gift: and why _succeeding_
Parliaments shou'd not, in their turn, have it in their Power to oblige
the Prince, or to streighten him, if they saw Occasion; and pare his
Nails, if they were convinced he made _ill Use_ of such a _Revenue_. I
am sure we have had Instances of this Kind; and a wise Body of Senators
ought always to provide against the worst that might happen. The
_Honey-Moon_ of _Government_ is a dangerous Season; the Rights and
Liberties of the People run a greater Risk at that time, thro their own
Representatives Compliments and Compliances, than they are ever likely
to do during that Reign: and 'tis safer to break this Practice, when we
have the Prospect of a good and gracious Prince upon the Throne, than
when we have an inflexible Person, who thinks every Offer an Affront,
which comes not up to the Height of what his Predecessor had, without
considering whether it were well or ill done at first.

The Revenues of our Kings, for many Ages, arose out of their
_Crown-Lands_; Taxes on the Subject were raised only for publick
Exigencies. But since we have turn'd the Stream, and been so free of
Revenues for Life, arising from _Impositions_ and _Taxes_, we have given
Occasion to our Princes to dispose of their _Crown-Lands_; and depend
for Maintenance of their Families on such a Sort of Income, as is
thought unjust and ungodly in most Parts of the World, but in
_Christendom_: for many of the arbitrary _Eastern_ Monarchs think so,
and will not eat the Produce of such a Revenue. Now since Matters are
brought to this pass, 'tis plain that our Princes must subsist suitable
to their high State and Condition, in the best manner we are able to
provide for them. And whilst the _Calling_ and _Duration_ of Parliaments
was _precarious_, it might indeed be an _Act of Imprudence_, tho not of
_Injustice_, for any _one Parliament_ to settle such a Sort of _Revenue_
for Life on the Prince: But at present, when all the World knows the
_utmost Extent_ of a Parliament's _possible_ Duration, it seems
disagreeable to Reason, and an Encroachment upon the Right of
_succeeding_ Parliaments (for the future) for any _one Parliament_ to do
that which _another_ cannot undo, or has not Power to do in its turn.

An Old _Whig_ is for chusing such Sort of _Representatives_ to serve in
Parliament, as have _Estates_ in the Kingdom; and those not fleeting
ones, which may be sent beyond Sea by Bills of Exchange by every
Pacquet-Boat, but fix'd and permanent. To which end, every Merchant,
Banker, or other money'd Man, who is ambitious of serving his Country as
a _Senator_, shou'd have also a competent, visible _Land Estate_, as a
Pledge to his _Electors_ that he intends to abide by them, and has the
same Interest with theirs in the publick Taxes, Gains and Losses. I have
heard and weigh'd the Arguments of those who, in Opposition to this,
urged the Unfitness of such, whose Lands were engaged in Debts and
Mortgages, to serve in Parliament, in comparison with the _mony'd Man_
who had no _Land:_ But those Arguments never convinced me.

No Man can be a sincere Lover of Liberty, that is not for increasing and
communicating that Blessing to all People; and therefore the giving or
restoring it not only to our Brethren of _Scotland_ and _Ireland_, but
even to _France_ it self (were it in our Power) is one of the principal
Articles of _Whiggism_. The Ease and Advantage which wou'd be gain'd by
_uniting_ our own Three Kingdoms upon equal Terms (for upon unequal it
wou'd be no _Union_) is so visible, that if we had not the Example of
those Masters of the World, the _Romans_, before our Eyes, one wou'd
wonder that our own Experience (in the Instance of uniting _Wales_ to
_England_) shou'd not convince us, that altho both Sides wou'd
incredibly gain by it, yet the rich and opulent Country, to which such
an Addition is made, wou'd be the greater Gainer. 'Tis so much more
desirable and _secure_ to govern by _Love_ and _common Interest_, than
by _Force_; to expect _Comfort_ and _Assistance_, in Times of Danger,
from our next Neighbours, than to find them at such a time a _heavy
Clog_ upon the Wheels of our Government, and be in dread lest they
should take that Occasion to shake off an uneasy Yoak: or to have as
much need of entertaining a _standing_ Army against our _Brethren_, as
against our known and inveterate _Enemies_; that certainly whoever can
oppose so publick and apparent Good, must be esteem'd either _ignorant_
to a strange Degree, or to have _other_ Designs in View, which he wou'd
willingly have brought to Light.

I look upon her Majesty's asserting the Liberties and Privileges of the
_Free Cities_ in _Germany_, an Action which will shine in History as
bright (at least) as her giving away her first Fruits and Tenths: To the
Merit of which last, some have assumingly enough ascribed all the
Successes she has hitherto been blessed with; as if _one Set of Men_
were the _peculiar_ Care of Providence and all others (even _Kings_ and
_Princes_) were no otherwise fit to be considered by _God Almighty_, or
Posterity, than according to their _Kindness_ to them. But it has been
generally represented so, where Priests are the Historians. From the
first Kings in the World down to these Days, many Instances might be
given of very wicked Princes, who have been extravagantly commended; and
many excellent ones, whose Memories lie overwhelmed with Loads of Curses
and Calumny, just as they proved Favourers or Discountenancers of
High-Church, without regard to their other Virtues or Vices: for
High-Church is to be found in all Religions and Sects, from the Pagan
down to the Presbyterian; and is equally detrimental in every one of
them.

A Genuine _Whig_ is for promoting a _general Naturalization_, upon the
firm Belief, that whoever comes to be incorporated into us, feels his
Share of all our Advantages and Disadvantages, and consequently can have
no Interest but that of the Publick; to which he will always be a
Support to the best of his Power, by his _Person, Substance_ and
_Advice_. And if it be a Truth (which few will make a Doubt of) that we
are not one _third_ Part peopled (though we are better so in Proportion
than any other Part of _Europe, Holland_ excepted) and that our Stock of
Men decreases daily thro our Wars, Plantations, and Sea-Voyages; that
the ordinary Course of Propagation (even in Times of continued Peace and
Health) cou'd not in many Ages supply us with the Numbers we want; that
the Security of Civil and Religious Liberty, and of Property, which thro
God's great Mercy is firmly establish'd among us, will invite new Comers
as fast as we can entertain them; that most of the rest of the World
groans under the Weight of _Tyranny_, which will cause all that have
Substance, and a Sense of Honour and Liberty, to fly to Places of
Shelter; which consequently would thoroughly people us with useful and
profitable Hands in a few Years. What should hinder us from an Act of
_General Naturalization_? Especially when we consider, that no _private_
Acts of that Kind are refused; but the Expence is so great, that few
attempt to procure them, and the Benefit which the Publick receives
thereby is inconsiderable.

Experience has shown us the Folly and Falsity of those plausible
Insinuations, that such a Naturalization would take the Bread out of
_Englishmen's_ Mouths. We are convinced, that the greater Number of
Workmen of one Trade there is in any Town, the more does that Town
thrive; the greater will be the _Demand_ of the Manufacture, and the
_Vent_ to foreign Parts, and the quicker _Circulation_ of the _Coin_.
The Consumption of the _Produce_ both of _Land_ and _Industry_ increases
visibly in Towns full of People; nay, the more shall every particular
industrious Person thrive in such a Place; tho indeed _Drones_ and
_Idlers_ will not find their Account, who wou'd fain support their own
and their Families superfluous Expences at their Neighbour's Cost; who
make one or two Day's Labour provide for four Days Extravagancies. And
this is the common Calamity of most of our _Corporation Towns_, whose
Inhabitants do all they can to discourage Plenty, Industry and
Population; and will not admit of Strangers but upon too hard Terms,
thro the false Notion, that they themselves, their Children and
Apprentices, have the only Right to squander their Town's Revenue, and
to get, at their own Rates, all that is to be gotten within their
Precincts, or in the Neighbourhood. And therefore such Towns (through
the Mischief arising by _Combinations_ and _By-Laws_) are at best at a
Stand; very few in a thriving Condition (and those are where the
_By-Laws_ are least _restrictive_) but _most_ throughout _England_ fall
to visible Decay, whilst new Villages _not_ incorporated, or more
liberal of their Privileges, grow up in their stead; till, in Process of
Time, the first Sort will become almost as desolate as _Old Sarum_, and
will as well deserve to lose their Right of sending Representatives to
Parliament. For certainly a _Waste_ or a _Desert_ has no Right to be
represented, nor by our original Constitution was ever intended to be:
yet I would by no means have those Deputies lost to the Commons, but
transferr'd to wiser, more industrious, and better peopled Places,
worthy (thro their Numbers and Wealth) of being represented.

A _Whig_ is against the raising or keeping up a _Standing Army_ in Time
of Peace: but with this Distinction, that if at any time an _Army_ (tho
even in Time of Peace) shou'd be necessary to the Support of this very
Maxim, a _Whig_ is not for being too hasty to destroy that which is to
be the Defender of his Liberty. I desire to be well understood. Suppose
then, that Persons, whose known Principle and Practice it has been
(during the Attempts for arbitrary Government) to plead for and promote
such an Army in Time of Peace, as wou'd be subservient to the Will of a
Tyrant, and contribute towards the enslaving the Nation; shou'd, under a
_legal Government_ (yet before the _Ferment_ of the People was appeas'd)
cry down a _Standing Army_ in Time of Peace: I shou'd shrewdly suspect,
that the Principles of such Persons are not changed, but that either
they like not the Hands that _Army_ is in, or the _Cause_ which it
espouses; and look upon it as an Obstruction to _another_ Sort of Army,
which they shou'd like _even in Time of Peace_. I say then, that altho
the Maxim in general be certainly _true_, yet a _Whig_ (without the just
Imputation of having deserted his Principles) may be for the _keeping_
up such a Standing Army even in Time of Peace, till the Nation have
recover'd its _Wits_ again, and chuses Representatives who are against
_Tyranny in any Hands whatsoever_; till the Enemies of our Liberties
want the Power of raising _another_ Army of _quite different
Sentiments_: for till that time, a _Whiggish_ Army is the _Guardian of
our Liberties_, and secures to us the Power of _disbanding its self_,
and prevents the raising of another of a _different Kidney_. As soon as
this is done effectually, by my Consent, no such thing as a mercenary
Soldier should subsist in _England_. And therefore The _arming_ and
_training_ of all the _Freeholders_ of _England_, as it is our undoubted
ancient Constitution, and consequently our Right; so it is the Opinion
of most _Whigs_, that it ought to be put in Practice. This wou'd put us
out of all Fear of foreign Invasions, or disappoint any such when
attempted: This wou'd soon take away the Necessity of maintaining
_Standing_ Armies of _Mercenaries_ in Time of Peace: This wou'd render
us a hundred times more formidable to our Neighbours than we are; and
secure effectually our Liberties against any _King_ that shou'd have a
mind to invade them at home, which perhaps was the Reason some of our
late _Kings_ were so averse to it: And whereas, as the Case now stands,
Ten Thousand disciplin'd Soldiers (once landed) might march without
_considerable_ Opposition from one End of _England_ to the other; were
our _Militia_ well regulated, and _Fire-Arms_ substituted in the Place
of _Bills, Bows_, and _Arrows_ (the Weapons in Use when our _training
Laws_ were in their Vigor, and for which our Laws are yet in Force) we
need not fear a Hundred Thousand Enemies, were it possible to land so
many among us. At every Mile's End, at every River and Pass, the Enemy
wou'd meet with fresh Armies, consisting of Men as well skill'd in
military Discipline as themselves; and more resolv'd to fight, because
they do it for Property: And the farther such an Enemy advanced into the
Country, the stronger and more resolved he wou'd find us; as _Hanibal_
did the _Romans_, when he encamped under the Walls of _Rome_, even after
such a Defeat as that at _Cannæ_. And why? Because they were all
_train'd_ Soldiers, they were all _Freemen_ that fought _pro aris &
focis_: and scorn'd to trust the Preservation of their Lives and
Fortunes to _Mercenaries_ or _Slaves_, tho never so able-body'd: They
thought Weapons became not the Hands of such as had nothing to lose, and
upon that Account were unfit Defenders of their Masters Properties; so
that they never tried the Experiment but in the _utmost Extremity_.

That this is not only practicable but easy, the modern Examples of the
_Swissers_ and _Swedes_ is an undeniable Indication. _Englishmen_ have
as much _Courage_, as great _Strength of Body_, and _Capacity of Mind_,
as any People in the Universe: And if our late _Monarchs_ had the
_enervating_ their free Subjects in View, that they might give a
Reputation to _Mercenaries_, who depended only on the _Prince_ for their
Pay (as 'tis plain they had) I know no Reason why their Example shou'd
be followed in the Days of _Liberty_, when there is no such Prospect.
The Preservation of the _Game_ is but a very slender Pretence for
omitting it. I hope no wise Man will put a _Hare_ or a _Partridge_ in
Balance with the _Safety_ and _Liberties_ of _Englishmen_; tho after
all, 'tis well known to Sportsmen, that Dogs, Snares, Nets, and such
silent Methods as are daily put in Practice, destroy the Game ten times
more than shooting with Guns.

If the restoring us to our Old Constitution in this Instance were ever
necessary, 'tis more eminently so at this time, when our next Neighbours
of _Scotland_ are by Law armed just in the manner we desire to be, and
the _Union_ between both Kingdoms not perfected. For the _Militia_, upon
the Foot it now stands, will be of little Use to us: 'tis generally
compos'd of Servants, and those not always the same, consequently not
well train'd; rather such as wink with both Eyes at their own firing a
Musket, and scarce know how to keep it clean, or to charge it aright. It
consists of People whose Reputation (especially the _Officers_) has been
industriously diminished, and their Persons, as well as their
Employment, rendred contemptible on purpose to enhance the Value of
those that serve for Pay; insomuch that few Gentlemen of Quality will
now a-days debase themselves so much, as to accept of a Company, or a
Regiment in the _Militia_. But for all this, I can never be persuaded
that a _Red Coat_, and _Three Pence_ a Day, infuses more Courage into
the poor _Swaggering Idler_, than the having a Wife and Children, and an
Estate to fight for, with good wholsome Fare in his Kitchen, wou'd into
a _Free-born_ Subject, provided the _Freeman_ were as well armed and
trained as the _Mercenary_.

I wou'd not have the _Officers_ and _Soldiers_ of our most Brave and
Honest _Army_ to mistake me. I am not arguing against them; for I am
convinced, as long as there is Work to do abroad, 'tis they (and not our
home dwelling _Freeholders_) are most proper for it. Our War must now be
an _Offensive_ War; and what I am pleading for, concerns only the bare
_Defensive_ Part. Most of our present Generals and Officers are fill'd
with the true Sprit of Liberty (a most rare thing) which demonstrates
the Felicity of her Majesty's Reign, and her standing upon a true
Bottom, beyond any other Instance that can be given; insomuch, that
considering how great and happy we have been under the Government of
_Queens_, I have sometimes doubted, whether an _Anti-Salick Law_ wou'd
be to our Disadvantage.

Most of these _Officers_ do expect, nay (so true do I take them to be to
their Country's Interest) do wish, whenever it shall please God to send
us such a Peace as may be relied upon both at home and abroad, to return
to the State of _peaceable Citizens_ again; but 'tis fit they should do
so, with such ample Rewards for their Blood and Labours, as shall
entirely satisfy them. And when they, or the Survivors of them, shall
return full of Honour and Scars home to their Relations, after the
Fatigues of so glorious a Service to their Country are ended; 'tis their
Country's Duty to make them easy, without laying a Necessity upon them
of striving for the Continuance of an _Army_ to avoid _starving_. The
_Romans_ used to content them by a Distribution of their Enemies Lands;
and I think their Example so good in every thing, that we could hardly
propose a better. _Oliver Cromwell_ did the like in _Ireland_, to which
we owe that Kingdom's being a Protestant Kingdom at this Day, and its
continuing subject to the Crown of _England_; but if it be too late to
think of this Method now, some other must be found out by the Wisdom of
_Parliament_, which shall fully answer the End.

These Officers and Soldiers thus settled and reduced to a _Civil State_,
wou'd, in a great measure, compose that invincible _Militia_ I am now
forecasting; and by reason of their Skill in military Affairs, wou'd
deserve the principal Posts and Commands in their respective Counties:
With this advantageous Change of their Condition, that whereas formerly
they fought for their Country only as _Soldiers_ of _Fortune_, now they
shou'd defend it as wise and valiant _Citizens_, as _Proprietors_ of the
Estates they fight for; and this will gain them the entire Trust and
Confidence of all the good People of _England_, who, whenever they come
to know their own Minds, do heartily hate _Slavery_. The Manner and
Times of assembling, with several other necessary Regulations, are only
proper for the _Legislative_ to fix and determine.

A right _Whig_ lays no Stress upon the _Illegitimacy_ of the _pretended
Prince_ of _Wales_; he goes upon another Principle than they, who carry
the _Right of Succession_ so far, as (upon that Score), to undo all
Mankind. He thinks no Prince fit to govern, whose Principle it must be
to _ruin_ the Constitution, as soon as he can acquire unjust Power to do
so. He judges it Nonsense for one to be the _Head of a Church_, or
_Defender of a Faith_, who thinks himself bound in Duty to overthrow it.
He never endeavours to justify his taking the Oaths to this Government,
or to quiet his Conscience, by supposing the young _Gentleman_ at _St.
Germains_ unlawfully begotten; since, 'tis certain, that according to
our Law he cannot be looked upon as such. He cannot satisfy himself with
any of the foolish Distinctions trump'd up of late Years to reconcile
base Interest with a Show of Religion; but deals upon the Square, and
plainly owns to the World, that he is not influenc'd by any particular
Spleen: but that the Exercise of an _Arbitrary, Illegal Power_ in the
Nation, so as to undermine the Constitution, wou'd incapacitate either
King _James_, King _William_, or any other, from being his _King_,
whenever the _Publick_ has a Power to hinder it.

As a necessary Consequence of this Opinion, a _Whig_ must be against
_punishing the Iniquity of the Fathers upon the Children_, as we do (not
only to the _Third_ and _Fourth Generation_, but) _for ever_: since our
gracious God has declared, that he will no more pursue such severe
Methods in his Justice, but that _the Soul that sinneth it shall die_.
'Tis very unreasonable, that frail Man, who has so often need of Mercy,
shou'd pretend to exercise higher Severities upon his
_Fellow-Creatures_, than that Fountain of Justice on his most wicked
_revolting Slaves_. To corrupt the Blood of a whole _Family_, and send
_all_ the Offspring a begging after the Father's Head is taken off,
seems a strange Piece of Severity, fit to be redressed in Parliament;
especially when we come to consider, for what Crime this has been
commonly done. When Subjects take Arms against their _Prince_, if their
Attempt succeeds, 'tis a _Revolution_; if not, 'tis call'd a
_Rebellion_: 'tis seldom consider'd, whether the first Motives be just
or unjust. Now is it not enough, in such Cases, for the prevailing Party
to hang or behead the _Offenders_, if they can catch them, without
extending the Punishment to _innocent Persons_ for _all Generations_ to
come?

The Sense of this made the late _Bill of Treasons_ (tho it reach'd not
so far as many wou'd have had it) a Favourite of the _Old Whigs_; they
thought it a very desirable one whenever it cou'd be compass'd, and
perhaps if not at that very Juncture, wou'd not have been obtained all:
'twas necessary for Two different Sorts of People to unite in this, in
order for a Majority, whose Weight shou'd be sufficient to enforce it.
And I think some _Whigs_ were very unjustly reproach'd by their
_Brethren_, as if by voting for this Bill, they wilfully exposed the
late _King's_ Person to the wicked Designs of his Enemies.

_Lastly_, The supporting of Parliamentary Credit, promoting of all
_publick Buildings_ and _Highways_, the making all _Rivers Navigable_
that are capable of it, employing the _Poor_, suppressing _Idlers_,
restraining _Monopolies_ upon Trade, maintaining the liberty of the
_Press_, the just _paying_ and _encouraging_ of all in the publick
Service, especially that best and usefullest Sort of People the
_Seamen_: These (joined to a firm Opinion, that we ought not to hearken
to any _Terms of Peace_ with the _French King_, till it be quite out of
his Power to hurt us, but rather to dye in Defence of our _own_ and the
_Liberties_ of _Europe_) are all of them Articles of my _Whiggish
Belief_, and I hope none of them are _heterodox_. And if all these
together amount to a _Commonwealthsman_, I shall never be asham'd of the
Name, tho given with a Design of fixing a Reproach upon me, and such as
think as I do.

Many People complain of the Poverty of the Nation, and the Weight of the
Taxes. Some do this without any ill Design, but others hope thereby to
become _popular_; and at the same time to _enforce a Peace_ with
_France_, before that Kingdom be reduced to too low a Pitch: fearing,
lest that _King_ shou'd be _disabled_ to accomplish their Scheme of
bringing in the _Pretender_, and assisting him.

Now altho 'tis acknowledg'd, that the _Taxes_ lye very heavy, and
_Money_ grows scarce; yet let the _Importance_ of our _War_ be
considered, together with the _Obstinacy, Perfidy_, and _Strength_ of
our Enemy, can we possibly carry on such a _diffusive_ War without
_Money_ in Proportion? Are the _Queen's_ Subjects more burden'd to
maintain the publick _Liberty_, than the _French_ King's are to confirm
their own _Slavery_? Not so much by three Parts in four, God be prais'd:
Besides, no true _Englishman_ will grudge to pay Taxes whilst he has a
Penny in his Purse, as long as he sees the Publick Money well laid out
for the great Ends for which 'tis given. And to the Honour of the Queen
and her Ministers it may be justly said, That since _England_ was a
Nation, never was the publick Money more frugally managed, or more
fitly apply'd. This is a further Mortification to those _Gentlemen_, who
have _Designs_ in View which they dare not own: For whatever may be, the
_plausible_ and _specious_ Reasons they give in publick, when they
exclaim against the Ministry; the hidden and true one is, that thro the
present prudent Administration, their so hopefully-laid Project is in
Danger of being blown quite up; and they begin to despair that they
shall bring in King _James_ the Third by the Means of Queen _Anne_, as I
verily believe they once had the Vanity to imagine.

INDEX
OF THE
CHAPTERS

       *       *       *       *       *

CHAP. I.

_The State of_ Gaul _before it was reduced into the Form of a_ Roman
  _Province_.

CHAP. II.

_Probable Conjectures concerning the Ancient Language of the_ Gauls.

CHAP. III.

_The State of_ Gaul, _after it was reduced into the Form of a Province
  by the_ Romans.

CHAP. IV.

_Of the Original of the_ Franks, _who having possessed themselves of_
  Gallia, _changed its Name into that of_ Francia, _or_ Francogallia.

CHAP. V.

_Of the Name of the_ Franks, _and their sundry Excursions; and what time
  they first began to establish a Kingdom in_ Gallia.

CHAP. VI.

_Whether the Kingdom of_ Francogallia _was_ Hereditary _or_ Elective;
  _and the Manner of making its_ Kings.

CHAP. VII.

_What Rule was observed concerning the_ Inheritance _of the Deceased
  King, when he left more Children than one_.

CHAP. VIII.

_Of the_ Salick _Law, and what Right Women had in the Kings, their
  Father's Inheritance_.

CHAP. IX.

_Of the Right of Wearing a large_ Head of Hair _peculiar to the_ Royal
  Family.

CHAP. X.

_The_ Form _and_ Constitution _of the_ Francogallican _Government_.

CHAP. XI.

_Of the_ Sacred Authority _of the_ Publick Council.

CHAP. XII.

_Of the Kingly Officers, commonly called_ Mayors _of the_ Palace.

CHAP. XIII.

_Whether_ Pipin _was created King by the_ Pope, _or by the Authority of
  the_ Francogallican _Council_.

CHAP. XIV.

_Of the_ Constable _and Peers of_ France.

CHAP. XV.

_Of the continued_ Authority _and Power of the_ Sacred Council, _during
  the Reign of the_ Carlovingian _Family_.

CHAP. XVI.

_Of the_ Capevingian _Race, and the Manner of its obtaining the Kingdom
  of_ Francogallia.

CHAP. XVII.

_Of the_ uninterrupted Authority _of the_ Publick Council, _during the_
  Capevingian _Line_.

CHAP. XVIII.

_Of the Remarkable_ Authority _of the_ Council _against_ Lewis _the
  Eleventh_.

CHAP. XIX.

_Of the Authority of the Assembly of the_ States, _concerning the most
  important Affairs of Religion_.

CHAP. XX.

_Whether_ Women _are not as much debarr'd by the_ Francogallican
  _Law from the_ Administration, _as from the_ Inheritance _of the
  Kingdom_.

CHAP. XXI.

_Of the_ Juridical Parliaments _in_ France.

       *       *       *       *       *

A
Short EXTRACT
OF THE
LIFE
OF
Francis Hotoman,

    Taken out of Monsieur _Bayle's_ Hist. Dict. and other
    Authors.

_Francis Hotoman_ (one of the most learned Lawyers of that Age) was Born
at _Paris_ the 23d of _August_, 1524. His Family was an Ancient and
Noble one, originally of _Breslaw_, the Capital of _Silesia_. _Lambert
Hotoman_, his Grandfather, bore Arms in the Service of _Lewis_ the 11th
of _France_, and married a rich Heiress at _Paris_, by whom he had 18
Children; the Eldest of which (_John Hotoman_) had so plentiful an
Estate, that he laid down the Ransom-Money for King _Francis_ the First,
taken at the Battel of _Pavia_: _Summo galliæ bono, summâ cum suâ
laude_, says _Neveletus_, _Peter Hotoman_ his 18th Child, and [Footnote:
_Maistre des Eaux & Forrests._] _Master of the Waters and Forests_ of
_France_ (afterwards a Counsellor in the Parliament of _Paris_) was
Father to _Francis_, the _Author_ of this Book. He sent his Son, at 15
Years of Age, to _Orleans_ to study the _Common Law_; which he did with
so great Applause, that at Three Years End he merited the Degree of
Doctor. His Father designing to surrender to him his Place of Counsellor
of _Parliament_, sent for him home: But the young Gentleman was soon
tired with the Chicane of the Bar, and plung'd himself deep in the
Studies of [Footnote: _Les belles Lettres._] _Humanity_ and the _Roman
Laws_; for which he had a wonderful Inclination. He happen'd to be a
frequent Spectator of the Protestants Sufferings, who, about that Time,
had their Tongues cut out, were otherwise tormented, and burnt for their
Religion. This made him curious to dive into those Opinions, which
inspired so much Constancy, Resignation and Contempt of Death; which
brought him by degrees to a liking of them, so that he turn'd
Protestant. And this put him in Disgrace with his father, who thereupon
disinherited him; which forced him at last to quit _France_, and to
retire to _Lausanne_ in _Swisserland_ by _Calvin_'s and _Beza_'s Advice;
where his great Merit and Piety promoted him to the Humanity-Professor's
Chair, which he accepted of for a Livelihood, having no Subsistance from
his Father. There he married a young _French_ Lady, who had fled her
Country upon the Score of Religion: He afterwards remov'd to
_Strasburg_, where he also had a Professor's Chair. The Fame of his
great Worth was so blown about, that he was invited by all the great
Princes to their several Countries, particularly by the _Landgrave_ of
_Hesse_, the _Duke_ of _Prussia_, and the _King_ of _Navarre_; and he
actually went to this last about the Beginning of the Troubles. Twice he
was sent as Ambassador from the Princes of the Blood of _France_, and
the Queen-Mother, to demand Assistance of the Emperor _Ferdinand:_ The
Speech that he made at the Diet of _Francfort_ is still extant.
Afterwards he returned to _Strasburg_; but _Jean de Monluc_, the Bishop
of _Valence_, over-persuaded him to accept of the Professorship of Civil
Law at _Valence_; of which he acquitted himself so well, that he very
much heighten'd the Reputation of that University. Here he received two
Invitations from _Margaret_ Dutchess of _Berry_, and Sister to _Henry_
the Second of _France_, and accepted a Professor's Chair at _Bourges_;
but continued in it no longer than five Months, by reason of the
intervening Troubles. Afterwards he returned to it, and was there at the
time of the great _Parisian_ Massacre, having much-a-do to escape with
his Life; but having once got out of _France_ (with a firm Resolution
never to return thither again) he took Sanctuary in the House of
_Calvin_ at _Geneva_, and publish'd Books against the Persecution, so
full of Spirit and good Reasoning, that the Heads of the contrary Party
made him great Offers in case he wou'd forbear Writing against them; but
he refused them all, and said, The Truth shou'd never be betray'd or
forsaken by him. _Neveletus_ says, "That his Reply to those that wou'd
have tempted him, was this: _Nunquam sibi propugnatam causam quæ iniqua
esset: Nunquam quæ jure & legibus niteretur desertam præmiorum spe vel
metu periculi._"--He afterwards went to _Basel_ in _Swisserland_, and
from thence (being driven away by the Plague) to _Mountbelliard_, where
he buried his Wife. He returned then to _Basel_ (after having refused a
Professor's Chair at _Leyden_) and there he died of a Dropsy in the 65th
Year of his Age, the 12th of _February_, 1590.

He writ a great many learned Books, which were all of them in great
Esteem; and among them an excellent Book _de Consolatione_. His
_Francogallia_ was his own Favourite; tho' blamed by several others, who
were of the contrary Opinion: Yet even these who wrote against him do
unanimously agree, that he had a World of Learning, and a profound
Erudition. He had a thorough Knowledge of the Civil Law, which he
managed with all the Eloquence imaginable; and was, without dispute, one
of the ablest Civilians that _France_ had ever produced: This is _Thuanus_
and _Barthius_'s Testimony of him. Mr. _Bayle_ indeed passes his Censure
of this Work in the Text of his Dictionary, in these Words: "_Sa
Francogallia dont il faisoit grand etat est celuy de tous ses ecrits que
l'on aprouve le moins:_"--and in his Commentary adds, "_C'est un Ouvrage
recommendable du costè de l'Erudition; mais tres indigne d'un
jurisconsulte Francois, si l'on en croit mesme plusieurs Protestants._"
I wou'd not do any Injury to so great a Man as Monsieur _Bayle_; but
every one that is acquainted with his Character, knows that he is more a
Friend to Tyranny and Tyrants, than seems to be consistent with so free
a Spirit. He has been extremely ill used, which sowres him to such a
degree, that it even perverts his Judgment in some measure; and he seems
resolved to be against Monsieur _Jurieu_, and that Party, in every
thing, right or wrong. Whoever reads his Works, may trace throughout all
Parts of them this Disposition of Mind, and see what sticks most at his
Heart. So that he not only loses no Occasion, but often forces one where
it seems improper and unseasonable, to vent his Resentments upon his
Enemies; who surely did themselves a great deal more wrong in making him
so, than they did him. 'Tis too true, that they did all they cou'd to
starve him; and this great Man was forced to write in haste for Bread;
which has been the Cause that some of his Works are shorter than he
design'd them; and consequently, that the World is deprived of so much
Benefit, as otherwise it might have reap'd from his prodigious Learning,
and Force of Judgment. One may see by the first Volume of his
Dictionary, which goes through but two Letters of the Alphabet, that he
forecasted to make that Work three times as large as it is, cou'd he
have waited for the Printer's Money so long as was requisite to the
finishing it according to his first Design. Thus much I thought fit to
say, in order to abate the Edge of what he seems to speak hardly of the
_Francogallia_; tho' in several other Places he makes my Author amends:
And one may without scruple believe him, when he commends a Man, whose
Opinion he condemns. For this is the Character he gives of this Work:
_"C'est au fond un bel Ouvrage, bien ecrit, & bien rempli d'erudition:
Et d'autant plus incommode au partie contraire que l'Auteur se contente
de citer des faits."_ Can any thing in the World be a greater
Commendation of a Work of this Nature, than to say it contains only pure
Matter of Fact? Now if this be so, Monsieur _Bayle_ wou'd do well to
tell us what he means by those Words, _Tres indigne d'un jurisconsulte
Francois_. Whether a _French_ Civilian be debarr'd telling of Truth
(when that Truth exposes Tyranny) more than a Civilian of any other
Nation? This agrees, in some measure, with Monsieur _Teissier_'s
Judgment of the _Francogallia_, and shews, that Monsieur _Bayle_, and
Monsieur _Teissier_ and _Bongars_, were _Bons Francois_ in one and the
same Sense. "_Son Livre intitulè, Francogallia, luy attira AVEC RAISON_
(and this he puts in great Letters) _les blame des bons Francois_. For
(says he) therein he endeavours to prove, That _France_, the most
flourishing Kingdom in _Christendom_, is not successive, like the
Estates of particular Persons; but that anciently the Kings came to the
Crown by the Choice and Suffrages of the Nobility and People; insomuch,
that as in former Times the Power and Authority of _Electing_ their
Kings belonged to the _Estates of the Kingdom_, so likewise did the
Right of _Deposing_ their _Princes_ from their Government. And hereupon
he quotes the Examples of _Philip de Valois_, of _King John_, _Charles
the Fifth_, and _Charles the Sixth_, and _Lewis the Eleventh_: But what
he principally insists on, is to show, That as from Times Immemorial,
the _French_ judg'd Women incapable of Governing; So likewise ought they
to be debarr'd from all Administration of the Publick Affairs."

This is Mr. _Boyle_'s Quotation of _Teissier_, by which it appears how
far _Hotoman_ ought to be blamed by all _true Frenchmen, AVEC RAISON_.
But provided that _Hotoman_ proves irrefragably all that he says (as not
only Monsieur _Bayle_ himself, but every body else that writes of him
allows) I think it will be a hard matter to persuade a disinteress'd
Person, or any other but a _bon Francois_, (which, in good _English_, is
a _Lover of his Chains_) that here is any just Reason shewn why
_Hotoman_ shou'd be blam'd.

Monsieur _Teissier_, altho' very much prejudiced against him, was (as
one may see by the Tenor of the above Quotation, and his leaving it thus
uncommented on) in his Heart convinc'd of the Truth of it; but no _bon
Francois_ dares own so much. He was a little too careless when he wrote
against _Hotoman_, mistaking one of his Books for another; _viz._ his
Commentary _ad titulum institutionum de Actionibus_, for his little Book
_de gradibus cognationis_; both extremely esteemed by all learned Men,
especially the first: Of which Monsieur _Bayle_ gives this Testimony:
"_La beauté du Stile, & la connoissance des antiquités Romaines
eclatoient dans cet Ouvrage, & le firent fort estimer._"

_Thuanus_, that celebrated disinteress'd Historian, gives this Character
in general of his Writings. "He composed (says he) several Works very
profitable towards the explaining of the Civil Law, Antiquity, and all
Sorts of fine Literature; which have been collected and publish'd by
_James Lectius_, a famous Lawyer, after they had been review'd and
corrected by the Author. _Barthius_ says, that he excelled in the
Knowledge of the Civil Law, and of all genteel Learning [Footnote:
_Belles Literature_] _Ceux la mesmes qui ont ecrits contre luy_ (says
_Neveletus_) _tombent d'accord quil avoit beaucoup de lecture & une
profonde Erudition_."

The Author of the _Monitoriale adversus Italogalliam_, which some take
to be _Hotoman_ himself, has this Passage relating to the _Francogallia_:
"Quomodo potest aliquis ei succensere qui est tantum relator & narrator
facti? _Francogallista_ enim tantum narrationi & relationi simplici
vacat, quod si aliena dicta delerentur, charta remaneret alba."

It was objected to him, that he unawares furnish'd the Duke of _Guise_
and the _League_ at _Paris_ with Arguments to make good their Attempts
against their Kings. This cannot be deny'd; but at the same time it
cannot be imputed to _Hotoman_ as any Crime: Texts of Scripture
themselves have been made use of for different Purposes, according to
the Passion or the Interests of Parties. Arguments do not lose their
native Force for being wrong apply'd: If the Three _Estates of France_
had such a fundamental Power lodg'd in them; who can help it, if the
Writers for the _League_ made use of Hotoman's Arguments to support a
wrong Cause? And this may suffice to remove this Imputation from his
Memory.

He was a Man of a very handsome Person and Shape, tall and comely; his
Eyes were blewish, his Nose long, and his Countenance venerable: He
joined a most exemplary Piety and Probity to an eminent Degree of
Knowledge and Learning. No Day pass'd over his Head, wherein he employ'd
not several Hours in the Exercise of Prayer, and reading of the
Scriptures. He wou'd never permit his Picture to be drawn, tho' much
intreated by his Friends; however (when he was at his last Gasp, and
cou'd not hinder it) they got a Painter to his Bed's-side, who took his
Likeness as well as 'twas possible at such a time. _Basilius
Amerbachius_ assisted him during his last Sickness, and _James Grinæus_
made his Funeral-Sermon. He left two Sons behind him, _John_ and
_Daniel_; besides a great Reputation, and Desire of him, not only among
his Friends and Acquaintance, but all the Men of Learning and Probity
all over _Europe_.

       *       *       *       *       *



Explication of the _Roman_ Names mention'd by _Hotoman_.

_Ædui_,                People of _Chalons_ and _Nevers_, of _Autun_
                       and _Mascon_.

_Agrippina Colonia_,  _Cologn_.


_Arverni_,             P. of _Auvergne_ and _Bourbonnais_.

_Armorica_,           _Bretagne_ and _Normandy_.

_Aquitani_,            P. of _Guienne_ and _Gascogn_.

_Atrebates_,           P. of _Artois_.

_Attuarii_,            P. of _Aire_ in _Gascogn_.

_Augustodunum_,       _Autun_.

_Aureliani_,           P. of _Orleans_.

_Aquisgranum_,        _Aix la Chapelle_.

_Ambiani_,             P. of _Amiens_.

_Alsaciones_,          P. of _Alsace_.

_Bigargium_,          _Bigorre forté_.

_Bibracte_,           _Bavray_, in the Diocese of _Rheims_.

_Bituriges_,           P. of _Bourges_.

_Carisiacum_,         _Crecy_.

_Cinnesates_,          P. on the Sea-Coast, between the _Elb_ and
                       the _Rhine_.

_Carnutes_,            P. of _Chartres_ and _Orleans_.

_Ceutrones_,           P. of _Liege_.

_Ceutones_,            P. of _Tarentaise_ in _Savoy_.

_Condrusii_,           P. of the _Condros_ in _Flanders_.

_Dusiacum_,           _non liquet_.

_Eburones_,            P. of the Diocese of _Liege_, and of _Namur_.

_Gorduni_,             P. about _Ghent_ and _Courtray_.

_Grudii_,              P. of _Lovain_.

_Hetrusci_,            P. of _Tuscany_.

_Laudunum_,           _Laon_.

_Lexovium_,           _Lisieux_.

_Lentiates_,           People about _Lens_.

_Levaci_,              P. of _Hainault_.

_Leuci_,               P. of _Metz_, _Toul_ and _Verdun_.

_Lingones_,            P. of _Langres_.

_Lugdunum_,           _Lyons_.

_Lutetia_,            _Paris_.

_Massilia_,           _Marseilles_.

_Marsua_,             _non liquet_.

_Nervii_,              P. of _Hainault_ and _Cambray_.

_Nitiobriges_,         P. of _Agenois_.

_Novemopulonia_,      _Gascony_.

_Noviomagum_,         _Nimeguen_.

_Pannonia_,           _Hungary_.

_Pleumosii_,           P. of _Tornay_ and _Lisle_.

_Rhatia_,             _Swisserland_.

_Rhemi_,               P. of _Rheims_.

_Senones_,             P. of _Sens_ and _Auxerre_.

_Sequani_,             P. of _Franche Comté_.

_Sequana_,             the River _Seine_.

_Suessiones_,          P. of _Soissons_.

_Trecassini_,          P. of _Tricasses_ in _Champagne_.

_Treviri_,             P. of _Triers_, and Part of _Luxemburg_.

_Toxandri_,            P. of _Zealand_.

_Tolbiacum_,          _non liquet_.

_Vencti_,              P. of _Vannes_.

_Vesontini_,           P. of _Besançon_.

_Ulbanesses_,         _non liquet_.

_Witmarium_,          _non liquet_.

       *       *       *       *       *



The Author's Preface.


    To the most Illustrious and Potent Prince _FREDERICK_,
    Count Palatine of the _Rhine_, Duke of _Bavaria_, &c.
    First Elector of the _Roman_ Empire, His most Gracious
    Lord, _Francis Hotoman_, wishes all Health and Prosperity.

_'Tis an old Saying, of which_ Teucer _the Son of_ Telamon _is the
supposed Author, and which has been approved of these many Ages_, A
Man's Country is, where-ever he lives at Ease. [Footnote: _Patria est
ubicunq; est bene._] _For to bear even Banishment it self with an
unconcern'd Temper of Mind like other Misfortunes and Inconveniences,
and to despise the Injuries of an ungrateful Country, which uses one
more like a Stepmother than a true Mother, seems to be the Indication of
a great Soul. But I am of a quite different Opinion: For if it be a
great Crime, and almost an Impiety not to live under and suffer
patiently the Humours and harsh Usage of our Natural Parents; 'tis sure
a much greater, not to endure those of our Country, which wise Men have
unanimously preferr'd to their_ Parents. _'Tis indeed the Property of a
wary self-interested Man, to measure his Kindness for his Country by his
own particular Advantages: But such a sort of Carelesness and
Indifferency seems a Part of that Barbarity which was attributed to the_
Cynicks _and_ Epicureans; _whence that detestable Saying proceeded_,
When I am dead, let the whole World be a Fire. _Which is not unlike the
Old Tyrannical Axiom_; Let my Friends perish, so my Enemies fall along
with them. [Footnote: _Me mortuo terra misceatur incendio. Pereant amici
dum una inimici intercidant._] _But in gentle Dispositions, there is a
certain inbred Love of their Country, which they can no more divest
themselves of, than of Humanity it self. Such a Love as_ Homer
_describes in_ Ulysses, _who preferred_ Ithaca, _tho' no better than a
Bird's Nest fix'd to a craggy Rock in the Sea, to all the Delights of
the Kingdom which_ Calypso _offer'd him_.

  Nescio quâ natale Solum dulcedine cunctos
  Ducit, & immemores non finit esse sui:

_Was very truly said by the Ancient Poet; When we think of that Air we
first suck'd in, that Earth we first trod on, those Relations,
Neighbours and Acquaintance to whose Conversation we have been
accustomed._

_But a Man may sometimes say, My_ Country _is grown_ mad _or_ foolish,
_(as_ Plato _said of his) sometimes that it rages and cruelly tears out
its own Bowels.--We are to take care in the first Place, that we do not
ascribe_ other Folks _Faults to our innocent_ Country. _There have been
may cruel_ Tyrants _in_ Rome _and in other Places; these not only
tormented innocent good Men, but even the best deserving Citizens, with
all manner of Severities: Does it therefore follow, that the Madness of
these Tyrants must be imputed to their Country? The Cruelty of the
Emperor_ Macrinus _is particularly memorable; who as_ Julius Capitolinus
_writes, was nicknamed_ Macellinus, _because his House was stained with
the Blood of Men, as a Shambles is with that of Beasts. Many such others
are mention'd by Historians, who for the like Cruelty (as the same_
Capitolinus _tells us) were stil'd, one_ Cyclops, _another_ Busiris, _a
3d_ Sciron, _a 4th_ Tryphon, _a 5th_ Gyges. _These were firmly
persuaded, that Kingdoms and Empires cou'd not be secur'd without
Cruelty: Wou'd it be therefore reasonable, that good Patriots shou'd lay
aside all Care and Solicitude for their Country? Certainly they ought
rather to succour her, when like a miserable oppressed Mother, she
implores her Childrens Help, and to seek all proper Remedies for the
Mischiefs that afflict her._

_But how fortunate are those Countries that have good and mild Princes!
how happy are those Subjects, who, thro' the Benignity of their Rulers
may quietly grow old on their Paternal Seats, in the sweet Society of
their Wives and Children! For very often it happens, that the Remedies
which are made use of prove worse than the Evils themselves. 'Tis now,
most Illustrious Prince, about Sixteen Years since God Almighty has
committed to your Rule and Government a considerable Part of_ Germany
_situate on the_ Rhine. _During which time, 'tis scarce conceivable what
a general Tranquility, what a Calm (as in a smooth Sea) has reigned in
the whole_ Palatinate; _how peaceable and quiet all things have
continued: How piously and religiously they have been governed: Go on
most Gracious Prince in the same Meekness of Spirit, which I to the
utmost of my Power must always extol. Proceed in the same Course of
gentle and peaceable Virtue_; Macte Virtute; _not in the Sense which_
Seneca _tells us the_ Romans _used this Exclamation in, to salute their
Generals when they return'd all stain'd with Gore Blood from the Field
of Battel, who were rather true_ Macellinus's: _But do you proceed in
that Moderation of Mind, Clemency, Piety, Justice, Affability, which
have occasion'd the Tranquility of your Territories. And because the
present Condition of your_ Germany _is such as we see it, Men now-a-days
run away from Countries infested with Plunderers and Oppressors, to take
Sanctuary in those that are quiet and peaceable; as Mariners, who
undertake a Voyage, forecast to avoid Streights, &c. and Rocky Seas, and
chase to sail a calm and open Course._

_There was indeed a Time, when young Gentlemen, desirous of Improvement,
flock'd from all Parts to the Schools and Academies of our_
Francogallia, _as to the publick Marts of good Literature. Now they
dread them as Men do Seas infested with Pyrates, and detest their
Tyrannous Barbarity. The Remembrance of this wounds me to the very Soul;
when I consider my unfortunate miserable Country has been for almost
twelve Years, burning in the Flames of Civil War. But much more am I
griev'd, when I reflect that so many have not only been idle Spectators
of these dreadful Fires (as_ Nero _was of flaming_ Rome_) but have
endeavour'd by their wicked Speeches and Libels to blow the Bellows,
whilst few or none have contributed their Assistance towards the
extinguishing them._

_I am not ignorant how mean and inconsiderable a Man I am; nevertheless
as in a general Conflagration every Man's Help is acceptable, who is
able to fling on but a Bucket of Water, so I hope the Endeavours of any
Person that offers at a Remedy will be well taken by every Lover of his
Country. Being very intent for several Months past on the Thoughts of
these great Calamities, I have perused all the old_ French _and_ German
_Historians that treat of our_ Francogallia, _and collected out of their
Works a true State of our_ Commonwealth; _in the Condition (wherein they
agree) it flourished for above a Thousand Years. And indeed the great
Wisdom of our Ancestors in the first framing of our Constitution, is
almost incredible; so that I no longer doubted, that the most certain
Remedy for so great Evils must be deduced from their Maxims._

_For as I more attentively enquired into the Source of these Calamities,
it seemed to me, that even as human Bodies decay and perish, either by
some outward Violence, or some inward Corruption of Humours, or lastly,
thro' Old Age: So Commonwealths are brought to their Period, sometimes
by Foreign Force, sometimes by Civil Dissentions, at other Times by
being worn out and neglected. Now tho' the Misfortunes that have
befallen our Commonwealth are commonly attributed to our Civil
Dissentions, I found, upon Enquiry, these are not so properly to be
called the_ Cause _as the_ Beginning _of our Mischiefs. And_ Polybius,
_that grave judicious Historian, teaches us, in the first place, to
distinguish the_ Beginning _from the_ Cause _of any Accident. Now I
affirm the_ Cause _to have been that great Blow which our Constitution
received about 100 Years ago from that_ [Footnote: Lewis _the_ XI.]
_Prince, who ('tis manifest) first of all broke in upon the noble and
solid Institutions of our Ancestors. And as our natural Bodies when put
out of joint by Violence, can never be recover'd but by replacing and
restoring every Member to its true Position; so neither can we
reasonably hope our Commonwealth shou'd be restor'd to Health, till
through Divine Assistance it shall be put into its true and natural
State again._

_And because your Highness has always approv'd your self a true Friend
to our Country; I though it my Duty to inscribe, or, as it were, to
consecrate this Abstract of our History to your Patronage. That being
guarded by so powerful a Protection, it might with greater Authority and
Safety come abroad in the World. Farewel, most illustrious_ Prince; _May
the great God Almighty for ever bless and prosper your most noble
Family._

Your Highness's most Obedient,

_Francis Hotoman_.

12 Kal. Sep. 1574.

       *       *       *       *       *



Francogallia.

       *       *       *       *       *



CHAP. I.

    _The State of_ Gaul, _before it was reduced into a_
    Province _by the_ Romans.


My Design being to give an Account of the Laws and Ordinances of our
_Francogallia_, as far as it may tend to the Service of our
_Commonwealth_, in its present Circumstances; I think it proper, in the
first place, to set forth the State of _Gaul_, before it was reduced
into the Form of a _Province_ by the _Romans_: For what _Cæsar,
Polybius, Strabo, Ammianus_, and other Writers have told us concerning
the _Origin, Antiquity_ and _Valour_ of that People, the Nature and
Situation of their Country, and their private Customs, is sufficiently
known to all Men, tho' but indifferently learned.

We are therefore to understand, that the State of _Gaul_ was such at
that time, that neither was the _whole_ under the Government of a
_single Person_: Nor were the particular [Footnote: _Civitas_, a
Commonwealth.] _Commonwealths_ under the Dominion of the _Populace_, or
the _Nobles_ only; but all _Gaul_ was so divided into _Commonwealths_,
that the most Part were govern'd by the _Advice_ of the _Nobles_; and
these were called _Free_; the rest had _Kings_. But every one of them
agreed in this _Institute_, that at a certain Time of the Year a
_publick Council_ of the whole Nation should be held; in which
_Council_, whatever seem'd to relate to the whole _Body_ of the
_Commonwealth_ was appointed and establish'd. _Cornelius Tacitus_, in
his 3d Book, reckons Sixty-four _Croitates_; by which is meant (as
_Cæsar_ explains it) so many Regions or Districts; in each of which, not
only the same _Language, Manners_ and _Laws_, but also the same
_Magistrates_ were made use of. Such, in many Places of his History, he
principally mentions the Cities of the _Ædui_, the _Rhemi_ and _Arverni_
to have been. And therefore _Dumnorix_ the _Æduan_, when _Cæsar_ sent to
have him slain, began to resist, and to defend himself, and to implore
the Assistance of his _Fellow Citizens_; often crying out, That he was a
_Freeman_, and Member of a _Free Commonwealth_, lib. 5. cap. 3.

To the like purpose Strabo writes in his Fourth Book: [Footnote: [Greek:
Aristokratikai d' êsan hai pleious tôn politeiôs, ena d' hêgemona
hêrounto kat eniauton to palaion hôs d' hautôs eis polemon heis hupo tou
plêthous apedeiknuto stratêgos.]] "_Most_ of the _Commonwealths_ (says
he) were govern'd by the _Advice_ of the _Nobles_: but every _Year_ they
anciently chose a _Magistrate_; as also the People chose a _General_ to
manage their Wars." The like _Cæsar_, lib. 6. Cap. 4. writes in these
Words: "Those _Commonwealths_ which are esteem'd to be under the best
Administration, have made a Law, that if any Man chance to hear a Rumour
or Report abroad among the Bordering People, which concerned the
_Commonwealth_, he ought to inform the _Magistrates_ of it, and
communicate it to no body else. The _Magistrates_ conceal what they
think proper, and acquaint the Multitude with the rest: For of Matters
relating to the _Community_, it was not permitted to any Person to talk
or discourse, but in _Council_".--Now concerning this _Common Council_
of the whole Nation, we shall quote these few Passages out of _Cæsar_.
"They demanded, (says he) _lib._ 1. _cap._ 12. a _General Council_ of
_all Gallia_ to be summon'd; and that this might be done by _Cæsar_'s
Consent." Also, _lib._ 7. _cap._ 12.--"a _Council_ of all _Gallia_ was
summon'd to meet at _Bibracte_; and there was a vast Concourse from all
Parts to that Town."--And _lib._ 6. _cap._ 1--"_Cæsar_ having summon'd
the _Council_ of _Gaul_ to meet early in the Spring, as he had before
determin'd: Finding that the _Senenes, Carnates_ and _Treviri_ came not
when all the rest came, he adjourned the _Council_ to Paris."--And,
_lib_ 7. _cap._ 6. speaking of _Vercingetorix_,--"He promis'd himself,
that he shou'd be able by his Diligence to unite such _Commonwealths_ to
him as dissented from the rest of the Cities of _Gaul_, and to form a
_General Council_ of all _Gallia_; the Power of which, the whole World
should not be able to withstand."

Now concerning the _Kings_ which ruled over certain Cities in _Gallia_
the same Author makes mention of them in very many Places; Out of which
this is particularly worthy our Observation: That it was the _Romans_
Custom to caress all those _Reguli_ whom they found proper for their
turns: That is, such as were busy men, apt to embroil Affairs, and to
sow Dissentions or Animosities between the several _Commonwealths_.
These they joined with in Friendship and Society, and by most honourable
publick Decrees called them their _Friends_ and _Confederates_: And many
of these _Kings_ purchased, at a great Expence, this Verbal Honour from
the _Chief Men_ of _Rome_. Now the _Gauls_ called such, _Reges_, or
rather _Reguli_, which were chosen, not for a certain Term, (as the
Magistrates of the Free Cities were) but for their Lives; tho' their
Territories were never so small and inconsiderable: And these, when
Customs came to be changed by Time, were afterwards called by the Names
of _Dukes, Earls_, and _Marquisses_.

Of the _Commonwealths_ or _Cities_, some were much more potent than
others; and upon these the lesser _Commonwealths_ depended; these they
put themselves under for Protection: Such weak Cities _Cæsar_ sometimes
calls the _Tributaries_ and _Subjects_ of the former; but, for the most
part he says, they were in _Confederacy_ with them. _Livius_ writes,
_lib. 5._ that when _Tarquinius Priscus_ reigned in _Rome_, the
_Bituriges_ had the principal Authority among the _Celtæ_, and gave a
_King_ to them. When _Cæsar_ first enter'd _Gaul_, A.U.C. 695. he found
it divided into Two Factions; the _Ædui_ were at the Head of the one,
the _Arverni_ of the other, who many Years contended for the
Superiority: But that which greatly increas'd this Contention, was,
Because the _Bituriges_, who were next Neighbours to the _Arverni_, were
yet _in file & imperio_ that is, Subjects and Allies to the _Ædui_. On
the other hand, the _Sequani_ (tho' Borderers on the _Ædui_) were under
the Protection of the _Arverni_, lib. 1. Cap. 12. lib. 6. cap. 4. The
_Romans_ finding such-like Dissention; to be for their Interest; that
is, proper Opportunities to enlarge their own Power, did all they cou'd
to foment them: And therefore made a League with the _Ædui_, whom (with
a great many Compliments) they titled _Brothers and Friends of the
People of Rome_. Under the Protection and League of the _Ædui_, I find
to have been first the _Senones_, with whom some time before the
_Parisians_ had join'd their _Commonwealth_ in League and Amity. Next,
the _Bellouaci_, who had nevertheless a great City of their own,
abounding in Numbers of People, and were of principal Authority and
Repute among the _Belgæ_, lib. 2. cap. 4. and lib. 7. cap. 7. _Cæsar_
reckons the _Centrones_, _Grudii_, _Levaci_, _Pleumosii_, _Gordunni_,
under the Dominion of the _Nervii_, lib. 5. cap. 11. He names the
_Eburones_ and _Condrasii_ as Clients of the _Treviri_, lib. 4. cap. 2.
And of the _Commonwealth_ of the _Veneti_ (these are in _Armorica_ or
_Brittanny_) he writes, that their Domination extended over all those
Maritime Regions; and that almost all that frequented those Seas were
their Tributaries, _lib._ 3. _cap._ 2. But the Power of the _Arverni_
was so great, that it not only equall'd that of the Ædui, but a little
before _Cæsar_'s Arrival, had got most of their Clients and Dependents
from them, _lib._ 6 _cap._ 4. _lib._ 7. _cap._ 10. Whereupon, as Strabo
writes in his 4th Book, they made War against _Cæsar_ with Four hundred
thousand Men under the Conduct of their General _Vercingetorix_. These
were very averse to Kingly Government: So that _Celtillus_, Father to
_Vercingetorix_, a Man of great Power and Reputation (reckon'd the first
Man in all _Gaul_,) was put to Death, by _Order_ of his _Commonwealth_,
for aspiring to the _Kingdom_. The _Sequani_, on the other hand, had a
King, one _Catamantales_, to whom the _Romans_ gave the Title of their
_Friend_ and _Ally_, lib. 1. cap. 2. Also the _Suessiones_, who were
Masters of most large and fertile Territories, with 12 great Cities, and
cou'd muster Fifty thousand fighting Men, had a little before that time
_Divitiacus_, the most potent Prince of all _Gallia_ for their King; he
had not only the Command of the greatest Part of _Belgæ_, but even of
_Britanny_. At _Cæsar_'s Arrival they had one _Galba_ for their King,
_lib._ 2. _cap._ 1. In _Aquitania_, the _Grandfather_ of one _Piso_ an
_Aquitanian_ reigned, and was called _Friend_ by the People of _Rome_,
lib. 4. cap. 3. The _Senones_, a People of great Strength and Authority
among the _Gauls_, had for some time _Moritasgus_ their King; whose
Ancestors had also been Kings in the same Place, _lib._ 5. _cap._ 13.
The _Nitiobriges_ or _Agenois_, had _Olovico_ for their King; and he
also had the Appellation given him of _Friend_ by the _Senate_ of
_Rome_, lib. 7. cap. 6.

But concerning all these Kingdoms, one thing is remarkable, and must not
lightly be past by; which is That _they were not hereditary_, but
_conferr'd_ by the _People_ upon such as had the Reputation of being
just Men. Secondly, That they had no _arbitrary_ or _unlimited
Authority_, but were bound and _circumscribed_ by _Laws_; so that they
were no less accountable to, and subject to the Power of the People,
than the People was to theirs; insomuch that those _Kingdoms_ seem'd
nothing else but _Magistracies for Life_. For Cæsar makes mention of
several _private Men_, whose _Ancestors_ had formerly been _such Kings_;
among these he reckons _Casticus_, the Son of _Catamantales_, whose
Father had been King of the _Sequani_ many Years, _lib._ 1. _cap._ 2.
and _Piso_ the _Aquitanian_, lib. 4. cap. 3. also _Tasgetius_, whose
Ancestors had been Kings among the _Carnutes_, lib. 5. cap. 8.

Now concerning the Extent of their _Power_ and _Jurisdiction_, he brings
in _Ambiorix_, King of the _Eburones_, giving an account of it, _lib._
5. _cap._ 8. "The Constitution of our Government is such (says he) that
the People have no less Power and Authority over me than I have over the
People. _Non minus habet in me juris multitudo, quam ipse in
multitudinem._" Which Form of Government, _Plato, Aristotle, Polybius_
and _Cicero_ have for this Reason determined to be the _best_ and _most
Excellent_: "Because (says _Plato_) shou'd Kingly Government be left
without a Bridle, when it has attained to supreme Power, as if it stood
upon a slippery Place, it easily falls into Tyranny: And therefore it
ought to be restrained as with a Curb, by the Authority of the Nobles;
and such chosen men as the People have empower'd to that End and
Purpose."

       *       *       *       *       *



CHAP. II.

    _Probable Conjectures concerning the_ ancient Language _of
    the_ Gauls.


In this Place it seems proper to handle a Question much disputed and
canvass'd by Learned Men; _viz._ What was the Language of the Gauls in
those old Times? For as to what belongs to their Religion, Laws, and the
Customs of the People, _Cæsar_, as I said before, has at large given us
an account. In the first place we ought to take notice, that _Cæsar_, in
the Beginning of his Commentaries, where he divides the Gauls into Three
Nations, the _Belgæ_, the _Aquitanæ_, and the _Celtæ_, tells us they all
differ'd, not only in their _Customs_, but in their _Language_ [Footnote:
[Greek: all enious micron parallattontas tais glôttais]]: Which also
_Strabo_ confirms, _lib._ 4. where he says they were not [Greek:
homolhôttous], of one Language, but a little differing in their
Languages. And the same thing _Ammianus Marcellinus_ testifies in his
15th Book. But what many Learned Men (especially of our own Country)
have maintain'd, _viz._ That the _Gauls_ commonly used the _Greek
Tongue_, may be refuted by this single Instance which _Cæsar_ takes
notice of _lib._ 5. _cap._ 12. That when _Q. Cicero_ was besieged in his
Camp, he dispatched Letters written in the _Greek_ Language, "_Lest (if
they were intercepted) his Designs shou'd be discover'd by the_ Gauls."
But to this some object, what _Strabo_ writes, _lib._ 4. _viz._ "That
all Sorts of good Literature (and especially that of the _Greek
Language_) flourish'd at _Marseilles_ to such a degree, that the
_Gauls_, by the Example of the _Massilians_, were mightily delighted
with the _Greek_ Tongue, insomuch that they began to write their very
Bargains and Contracts in it." Now to this there is a short and ready
Reply: For, in the first place, if the _Gauls_ learnt _Greek_ by the
Example of the _Massilians_, 'tis plain, 'twas none of their
Mother-tongue. Secondly, _Strabo_ in the same place clearly shows us,
that the Fashion of writing their Contracts in _Greek_ began but in his
Time, when all _Gallia_ was in Subjection to the _Romans_. Besides, he
speaks precisely only of those _Gauls_ who were Borderers and next
Neighbours to the _Massilians_, of whom he says, that not only many of
their private Men, but even their Cities (by publick Decrees, and
proposing great Rewards) invited several Learned Men of _Massilia_ to
instruct their Youth.

It remains that we shou'd clear that place in _Cæsar_, where he tells us
the _Gauls_, in their publick and private Reckonings, _Græcis literis
usos fuisse_. But let us see whether the word _Græcis_ in that place
ought not to be left out, not only as _unnecessary_ but _surreptitious_.
Since it was sufficient to express _Cæsar_'s Meaning to have said, that
the _Gauls_ made no use of _Letters_ or _Writing_ in the Learning of the
_Druids_, but in all other Matters, and in publick and private Accounts,
they did make use of _Writing_: For _uti litteris, to use Letters_, is a
frequent Expression for _Writing_ among Latin Authors. Besides, it had
been a Contradiction to say the _Gauls_ were unskill'd in the _Greek_
Tongue, as _Cæsar_ had averr'd a little before; and afterwards to say,
that they wrote all their publick and private Accounts in _Greek_. As to
what many suppose, that the words _literis Græcis_ in that place, are
not to be taken for _Writing Greek_, but only for the _Characters_ of
the _Letters_; I can less approve of this Explanation than the former;
because though many ancient Writers (as we just now said) frequently
used the Expression, _Uti litteris_ for _Scribere_; yet I never
observ'd, that any of them ever used it to signify the _Forms_ and
_Fashions_ of the _Characters_. Neither does it make at all for their
Opinion, what _Cæsar_ says in the First Book of his Commentaries, _viz._
That there were found in the _Helvetian_ Camp, Tablets, _literis Græcis
conscriptas_; as if the same Person, who had learnt to make use of the
_Greek Forms_ of _Characters_, might not as easily have learnt the
_Greek Language_; or as if there might not be among the _Helvetii_,
_Priests_ or _Gentlemens Sons_, who might then have learnt _Greek_, as
our's now learn _Latin_; _Greek_ being at that Time a Language in Vogue
and Esteem. The very Neighbourhood of the School of _Massilia_ is
sufficient to confute that Opinion: And therefore _Cæsar_, when he
speaks of his own Letter to _Cicero_, tells us, he sent that Letter
written in _Greek Characters_, lest (in case it were intercepted) his
Designs shou'd be discover'd by the Enemy. _Justinius_, lib. 20. says,
there was a Decree of the Senate made, that no _Carthaginian_, after
that Time, shou'd study the [Footnote: _Græcis literas._] _Greek Language_
or _Writing_, lest he shou'd be able to speak or write to the Enemy
without an Interpreter. _Tacitus_, in his Book _de moribus Germanorum_,
tells us, that several Tombs and Monuments were yet to be seen in the
Confines of _Germany_ and _Swisserland_ with _Greek_ Inscriptions on
them. _Livius_, lib. 9. says, The _Roman_ Boys formerly studied the
_Tuscan_ Language, as now they do the _Greek_. And in his 28th
Book,--"_Hanibal_ erected an Altar, and dedicated it with a large
Inscription of all his Atchievements, in the _Greek_ and _Punick_
Tongues. _Idem Lib._ 40. Both Altars and Inscriptions on them in the
_Greek_ and _Latin_ Tongues." Lastly, I cannot imagine, that _Cæsar_
wou'd have expressed himself (if he had meant, as these wou'd have him)
_Græcis literis scribere_; but rather, _Græcarum literarum formâ_, as we
see in _Tacitus_, Lib. 11. "_Novas literarum formas addidit._" He added
new Characters of Letters: Having found, that the _Greek_ Literature was
not begun and perfected at once. And again,--"_Et forme literis latinis
quæ veterrimis Græcorum_, &c."

Now lest any body shou'd wonder, how the Word _Græcis_ crept into
_Cæsar_'s Text, I will instance you the like Mischance in _Pliny_,
_lib._ 7. _cap._ 57. where 'tis thus written,--"_Gentium consensus
tacitus primum omnium conspiravit ut_ IONUM _literis uterentur_." And
afterwards,--"_Sequens gentium consensus in tonsoribus fuit._" And
again,--"_Tertius consensus est in Horarum observatione._" Now who is
there that sees not plainly the Word IONUM ought to be left out, as well
because 'tis apparently unnecessary, (for _Pliny_ had no farther Design
than to let us know, that Men first of all consented in the Writing and
Form of their Letters) as because 'tis false, that the _Ionian_ Letters
were the first invented; as _Pliny_ himself in his foregoing Chapter,
and _Tacitus_, _lib._ 11. have told us? I have observed however two
Places, (_Gregorius Turonensis_, lib. 5. and _Aimoinus_, lib. 3. cap.
41.) wherein 'tis intimated, that the _Gauls_ used the _Forms_ of the
_Greek_ Letters: For where they speak of King _Chilperick_,--"_He added_
(say they) _some Letters to our Letters_; and those were, [Greek: o,
ps, z, ph]; and sent Epistles to the several Schools in his Kingdom,
that the Boys should be so taught." _Aimoinus_ mentions only three
Letters, [Greek: ch, th, ph]. But we must understand, that these were
_Franks_, not _Gauls_; or rather _Franco-gauls_, who made use of their
own native Language, the _German_ Tongue; not that ancient Language of
the _Gauls_, which had grown out of use under the _Roman_ Government:
Besides, if the _Francogalli_ had made use of the _Greek_ Letters, how
came they at first to except these, when they made use of all the rest?
But we have said enough, and too much of this Matter. As for their
Opinion who believe that the _Gauls_ spoke the _German_ Language,
_Cæsar_ confutes it in that single place, wherein he tells us, that
_Ariovistus_, by Reason of his long Conversation in _Gallia_, spoke the
_Gallick_ Tongue.

Now for two Reasons their Opinion seems to me to be most probable, who
write, that the _Ancient Gauls_ had a peculiar Language of their own,
not much differing from the _British_: First, because _Cæsar_ tells us
it was the Custom for these _Gauls_ who had a mind to be thoroughly
instructed in the Learning of the _Druyds_, to pass over into _Britain_;
and since the _Druyds_ made no use of Books, 'tis agreeable to Reason,
that they taught in the same Language which was used in _Gallia_.
Secondly, because _Tacitus_ in his Life of _Agricola_, writes, that the
Language of the _Gauls_ and _Britains_ differ'd but very little: neither
does that Conjecture of _Beatus Rhenanus_ seem unlikely to me, who
believes the Language which is now made use of in _Basse Bretayne_
[_Britones Britonantes_] to be the Remains of our ancient Tongue. His
Reasons for this Opinion may be better learn'd from his own
Commentaries, than told in this Place. The Language which we at present
make use of, may easily be known to be a Compound of the several Tongues
of divers Nations. And (to speak plainly and briefly) may be divided
into four Parts. One half of it we have from the _Romans_, as every one
that understands _Latin_ ever so little, may observe: For besides, that
the _Gauls_ being subject to the _Romans_, wou'd naturally fall into
their Customs and Language, 'tis manifest that the _Romans_ were very
industrious to propagate their Tongue, and to make it universal, and (as
it were) venerable among all Nations. And to that End settled Publick
Schools up and down, at _Autan, Besancon, Lyons_, &c. as _Valerius
Maximus, Tacitus_, and _Ausonius_ tell us. The other half of it may be
subdivided thus. One third of it we hold from the _Ancient Gauls_,
another from the _Franks_, and the last from the _Greek_ Language: For
it has been demonstrated long since by many Authors, that we find
innumerable _Frank_ (that is, _German_) Words (as we shall hereafter
prove) in our daily Speech. And several learned Men have shewn us, that
many _Greek_ Words are adapted to our common Use, which we do not owe to
the Learning and Schools of the _Druyds_, (who I believe spoke no
_Greek_); but to the Schools and Conversation of the _Massilians_, whom
we formerly mentioned.

       *       *       *       *       *



CHAP. III.

    _The State of_ Gaul, _after it was reduced into the form
    of a_ Province _by the_ Romans.


'Tis very well known to all learned Men, that _Gaul_, after having been
often attempted with various Success, during a ten Years War, and many
Battels, was at last totally subdued by _Cæsar_ and reduced into the
Form of a Province. It was the Misfortune of this most valiant and
warlike People, to submit at length to the _Great Beast_, as it is
called in Scripture, with which however they so strove for Empire for
eight hundred Years, (as _Josephus_ informs us) that no Wars with any
other Nation, so much terrified _Rome_. And _Plutarch_ in his Lives of
_Marcellus_ and _Camillus; Appian_ in his 2d Book of the Civil Wars;
_Livius, lib._ 8. & 10. have recorded, that the _Romans_ were so afraid
of the _Gauls_, that they made a Law, whereby all the Dispensations
(formerly granted to Priests and old Men, from serving in their Armies)
were made void, in Case of any Tumult or Danger arising from the
_Gauls_; which _Cicero_ takes notice of in his 2d _Philippick_. _Cæsar_
himself in his 6th Book, and after him _Tacitus_, lib. _de moribus
Germanorum_, do testify, That there was a time wherein the _Gauls_
excell'd the _Germans_ in Valour, and carried the War into their
Territories, settling Colonies (by reason of their _great_ Multitudes of
People) beyond the _Rhine_.

Now _Tacitus_ in his Life of _Agricola_, attributes, the _Loss_ of this
their so remarkable _Valour_, to the _Loss_ of their Liberty. _"Gallos
in bellis floruisse accepimus, mox segnities cum otio intravit, amissa_
Virtute _pariter ac_ Libertate--." And I hope the Reader will excuse me,
if the Love of my Country makes me add that remarkable Testimony of the
Valour of the _Gauls_, mentioned by _Justin, lib._ 24.--"The _Gauls_
(says he) finding their Multitudes to increase so fast, that their Lands
cou'd not afford them sufficient Sustenance, sent out Three hundred
thousand Souls to seek for new Habitations. Part of these: seated
themselves in _Italy_; who both took and burnt the City of _Rome_.
Another part penetrated as far as the Shores of _Dalmatia_, destroying
infinite Numbers of the _Barbarians_, and settled themselves at last in
_Pannonia_. A hardy bold and warlike Nation; who ventured next after
_Hercules_, (to whom the like Attempt gave a Reputation of extraordinary
Valour, and a Title to Immortality) to cross those almost inaccessible
Rocks of the _Alps_, and Places scarce passable by Reason of the Cold:
Where after having totally subdued the _Pannonians_ they waged War with
the bordering Provinces for many Years.--And afterwards--being
encouraged by their Success, subdivided their Parties; when some took
their Way to _Græcia_ some to _Macedonia_, destroying all before them
with Fire and Sword. And so great was the Terror of the Name of the
_Gauls_, that several Kings (not in the least threatned by them) of
their own accord, purchased their Peace with large Sums of Money--. And
in the following Book, he says,--So great was the Fruitfulness of the
_Gauls_ at that time, that like a Swarm they fill'd all _Asia_. So that
none of the _Eastern_ Kings either ventured to make War without a
mercenary Army of _Gauls_, or fled for Refuge to other than the _Gauls_,
when they were driven out of their Kingdoms." And thus much may suffice
concerning their warlike Praises and Fortitude, which (as _Tacitus_
tells us) was quite _gone, as soon as they lost their Liberty_. Yet some
Cities, or _Commonwealths_, (as _Phnius, lib. 4. cap. 11._ tells us)
were permitted to continue free, after the _Romans_ had reduced _Gallia_
to the Form of a Province. Such were the _Nervii_, _Ulbanesses_,
_Suessiones_ and _Leuci_. Also some of the Confederates: and among these
he reckons the _Lingones_, _Rhemi_, _Carnutes_ and _Ædui_.

But we may easily learn from these Words of _Critegnatus_ the
_Arvernian_, mentioned by _Cæsar, lib. 7._ what the Condition was of
those _Commonwealths_, which had the Misfortune to be reduced into the
Form of a _Province_. "If" (says he) "you are ignorant after what manner
far distant Nations are used by the _Romans_, you have no more to do,
but to look at our neighbouring _Gallia_, now reduced into the Form of a
Province: Which having its Laws and Customs chang'd, and being subjected
to the Power of the _Axes_, is oppress'd with perpetual Slavery."

We are to understand, there were three kinds of Servitude, or Slavery.
First, _To have a Garison of Soldiers imposed upon them, to keep them in
Awe_; yet such Provinces as seemed peaceable and quiet, had no great
Armies maintained in them. For _Josephus_ writes in his 2d Book of the
Hist. of the _Jews_, "That in the Emperor _Titus's_ time, the _Romans_
had but 1200 Soldiers in Garison in all _Gaul_, altho'" (says he) "they
had fought with the _Romans_ for their Liberty, almost 800 Years, and
had near as many Cities, as the _Romans_ had Garison-Soldiers." A Second
Sort of Servitude was, when any Province was made Tributary, and
compelled to pay Taxes; and to that End were forced to endure a Number
of Tax-gatherers, that is, _Harpies_ and _Leeches_, which suck'd out the
very Blood of the _Provincials_. _Eutropius_ tells us, in his 6th Book,
That _Cæsar_, as soon as he had subdued _Gaul_, impos'd a Tax upon it,
by the Name of a Tribute, which amounted to _H. S. Quadringenties:_
which is about a Million of our Crowns. A Third Sort of Servitude was,
when the Provinces were not permitted to be govern'd by their _own
Laws_; but had Magistrates and Judges, with full Power and Authority
(_cum imperio & securibus_) over Life and Estate, sent them by the
People of _Rome_. This Threefold Slavery not only our _Gallia_, but all
the other Provinces, took most bitterly to heart; and therefore in
_Tiberius's_ Reign, not long after _Cæsar's_ Conquest, _Tacitus_ tells
us, That the Cities of _Gaul_ rebell'd, because of the Continuance of
Taxes, the Extortions of Usurers, and Insolence of the Soldiery. And
afterwards in _Nero's_ Reign, _Suetonius_ writes, "That the _Gauls_
being weary of his Tyranny, revolted. The World" (says he) "having for
near 13 Years, endured such a Sort of Prince, at last shook him off: The
_Gauls_ beginning the Defection." Now all _Gallia_ was divided by the
_Romans_ into 16 Provinces, _viz. Viennensis, Narbonensis prima,
Narbonensis secunda, Aquitania prima, Aquitania secunda, Novempopulana,
Alpes maritimæ, Belgica prima, Belgica secunda, Germania prima,
Germania secunda, Lugdunensis prima, Lugdunensis secunda, Lugdunensis
tertia, Maxima Sequanorum, & Alpes Græcas_, as _Antoninus_ in his
_Itinerary_, and _Sextus Rufus_, give an Account of them. But _Ammianus
Marcellinus_ treats of them more particularly.

But to return to what we were speaking of: 'Tis not to be imagined how
grievously, and with what Indignation the _Gauls_ bore the Indecencies
and Plunderings of the _Romans_; nor how frequently they revolted upon
that Account and because they were not strong enough of themselves to
shake off the _Roman_ Tyranny, 'twas common Custom with them, to hire
_German_ Auxiliaries. These were the first beginnings of the Colonies of
the _Franks_; For those _Germans_, whether they were beaten by the
_Romans_, or (which is more likely) were bought off by them, began by
little and little, to settle themselves in the borders of _Gallia_. This
gave to _Suetonius_, in his Life of _Augustus_, to say,--"He drove the
_Germans_ beyond the River _Elb_; but the _Suevi_ and _Sicambri_
(submitting themselves); he transplanted into _Gallia_ where he assign'd
them Lands near the river _Rhine_."--Also in his Life of _Therius_,--"He
brought (says he) forty thousand of those that had surrendred themselves
in the _German_ War, over into _Gallia_, and allotted them Settlements
upon the Banks of the _Rhine_."--Neither must we omit what _Flavius
Vepiseus_ records, concerning the Reign of _Probus_ the Emperor; in
whose time almost all _Gallia_, that is, sixty Cities, revolted from the
_Romans_; and with common Consent, took up Arms for the Recovery of'
their Liberty:--"Having done these things (says he) he march'd with a
vast Army into _Gaul_, which after _Posthumus's_ Death was all in
Commotion, and when _Aurelianus_ was kill'd, was In a Manner possessed
by the _Germans_; there he gain'd so many Victories, that he recover'd
from the _Barbarians_ sixty of the most noble Cities of _Gallia_: And
whereas they had overspread all _Gallia_ without Controul, he slew near
four hundred thousand of those that had seated themselves within the
_Roman_ Territories, and transplanted the Remainders of them beyond the
Rivers _Neckar_, and _Elb_."

But how cruel and inhuman the Domination of the _Romans_ was in
_Gallia_: How intolerable their Exactions were: What horrible and wicked
Lives they led; and with how great Inveteracy and Bitterness they were
hated upon that Account by the _Gauls_, (especially by the _Christians_)
may best be learn'd from the Works of _Salvianus_, Bishop of
_Marseilles_, which treat of Providence: Therefore 'tis incredible to
tell, what Multitudes of _Germans_ pour'd themselves into _Gallia_; the
_Gauls_ not only not hindring, but even favouring and calling them in.
_Latinus Pacatus_, in his Speech to _Theodesius_, has this Passage;
"From whence shou'd I begin my Discourse, but from thy Mischiefs, O
_Gallia_! who may'st justly challenge a Superiority in Sufferings, above
all the Nations of the Earth, that have been vexed with this
Plague?"--Now 'tis most plain both from _Sidonius Apollinaris_, and
especially from the above-mentioned _Salvianus_, in many Places of his
Writings, that our _Franks_ were a Part of those _German_ Nations, who
thus entred into _Gallia_.

       *       *       *       *       *



CHAP. IV.

    _Of the Original of the_ Franks; _who having possessed
    themselves of_ Gallia, _changed its Name, into that of_
    Francia, _or_ Francogallia.


The Order of our Discourse requires, that we should now enquire into the
Original of the _Franks_, and trace them from their first Habitations,
or (as it were) their very Cradles: In which Disquisition 'tis very much
to be admired, that no mention has been made of them by _Ptolomy_,
_Strabo_, or even by _Tacitus_ himself, who of all Writers was most
accurate in describing the Names and Situations of all the _German_
Nations: and 'tis plain, the _Franks_ were a _German_ People, who
possessed most part of _Europe_ for many Years, with great Reputation;
of which we will quote but a few Instances out of many.

First, _Joannes Nauclerus_ says thus,--"_Charles_ the Great was call'd
_King_ of the _Franks_; which is as much as to say, _King_ of _Germany_
and _France_." Now 'tis demonstrable, that at that time all _Gallia
Transalpina_, and all _Germany_ from the _Pyrenæen_ Mountains, as far as
_Hungary_, was called _Francia_: This last was called _Eastern France_,
the former _Western France_; and in this all true Historians agree.

_Eguinarthus_, in his Life of _Charlemain_, says,--"The Banks of the
River _Sala_, which divides the _Taringi_ from the _Sorabi_, were
afterwards inhabited by those called the _Eastern Franks_." _Otto
Frising._ _Chron._ 5. _cap._ 4. speaking of King _Dagaber_'s Reign, "The
Bounds of the _Franks_ Dominions reach'd now (says he) from _Spain_, as
far as _Hungary_, being two most noble Dukedoms, _Aquitania_ and
_Bavaria_";--but much more at large, _lib._ 6. _cap._ 17. And after him
_Godfrey_ of _Viterbo_, in his _Chronic. part. 17. sub Anno_ 881,
"_Arnulphus_ (says he) ruled all _Eastern Francia_, which is now called
the _Teutonick_ Kingdom, or _Germany_; that is to say, _Bavaria, Suabia,
Saxonia, Turingia, Frisia_ and _Lotharingia_; but _Odo_ was king of
_Western France_." Again, _sub Anno_ 913. "It is apparent by the
Authority of many Writers, that the Kingdom of _Germany_, which the
Emperor _Frederick_ at present holds, is part of the Kingdom of the
_Franks_; for there (on both sides of the _Rhine_) the first _Franks_
were seated; which as far as to the Limits of _Bavaria_, is now called
_Eastern France_: But _Western France_ is that Kingdom which lies on
both Sides the Rivers _Seine_ and _Loire_"--And again he says, "In the
time of _Charles_ the Great, King of the _Franks_, all _Gallia_, that is,
_Celtica, Belgica_, and _Lugdunensis_ and all _Germany_ which reaches
from the _Rhine_ as far as _Dalmatia_, made but one Kingdom;
which was called _Francia_"--Almost all which Quotations have been taken
out of _Otto_, as I said before. 'Tis to be noted, that _Rhegino_ writes
thus, in _Chron. anni_ 577.--"After the Death of King _Pipin_, _Lewis_
his Son (who had been present at his Father's Decease and celebrated his
Funerals) kept his Residence at _Francfort_, the principal Seat of the
_Eastern Kingdom_." _Luitprandus Ticinensis says_, _lib. 1. cap._ 6.--"It
was order'd that _Wido_ shou'd have for his Share, that which Men call
the _Roman France_, and _Berengarius_ shou'd have Italy." And a little
after,--"When he had march'd thro' the Territories of the _Burgundians_,
he purposed to enter _Roman France_, &c." Now it was call'd _Roman
France_, first, because the _Franks_ had possessed themselves of that
_Gallia_, which was under the _Roman_ Obedience. Secondly, because the
_Roman_ Language prevail'd in that Country, as we formerly told you:
Whence arose the Saying, _Loqui Romanum_, of such as used not the
_German_ or _Frank_; but the _Latin_ Tongue. Otto Frisingius, _chron._ 4.
_cap. penult._ says,--"It seems to me, that those _Franks_ who dwell in
_Gallia_, borrowed the Language, which they make use of to this Day,
from the _Romans_; for the others who stay'd about the _Rhine_, and in
_Germany_ use the _Teutonick_ Tongue."--And in Imitation of him,
_Godfridus_, part. 17. cap. 1.--"The _Franks_ (says he) seem to me to
have learn'd the Language which they make use of to this Day, from the
_Romans_, who formerly dwelt in those Parts."--From all these 'tis
apparent, that the Reputation and Power of the _Franks_ was
extraordinary great; as 'twas fitting for such as were Masters of a
great Part of _Europe_.

Moreover we find, that those _Germans_ which were transplanted by the
Emperor _Frederick_ the IId, into the Kingdoms of _Naples_ and _Sicily_,
and establish'd there as a presidiary Colony, were called _Franks_.
_Petrus de Vineis, lib. epist. 6. cap. 25._ [Footnote: These are only
broken pieces of Sentences, to prove, that the _Germans_ (establish'd in
_Naples_ and _Sicily_) were called, and actually were _Franks_.]
--"_Following (says he) the Law and Custom of the_ Franks, _in this
Instance, that the Eldest Brother to the Exclusion of all the Younger
succeeds, even in the Camp it self._" Imp. Freder. 2. Neapol. constit.
lib. 2. tit. 32. speaking of those _Franks, "who upon Occasion trusted
the Fortune of their Lives, and of all their Estates, to the Event of a
Duel, or single Combat_." And again,--"_The aforesaid manner of Proof,
which all who observe the Rites of the_ Franks _made use of_"--. Also
_lib. 2. tit. 33_.--"_which Law, our Will is, shall in all Causes be
common both to the_ Franks _and_ Longobards."

Matters being thus plain, 'tis strange that _Gregory_ Bishop of _Tours_
(who writ concerning the Original of the _Franks_ 800 Years ago) shou'd
say, in the first Part of his History, That altho' he had made diligent
Enquiry about the Rise and Beginning of the _Franks_, he could find
nothing certain: notwithstanding he had seen an ancient Book of a
certain Historian of theirs, called, _Salpitius Alexander_; who affirms
nothing, either of their first Habitations, or the Beginnings of their
Domination.

But we have found out, that these People originally came from that
Country which lies between the _Rhine_ and the _Elb_, and is bounded on
the _West_ by the Sea, almost in the same Tract where the greater and
the lesser _Chauci_ dwelt. "A People (says _Tacitus_) the most noble
among all the _Germans_, who founded their Greatness and maintained it
by Justice." These were next Neighbours to the _Batavians_; for 'tis
agreed on all Hands, that the _Franks_ had their first Seats near the
Sea-shore, in very marshy Grounds; and were the most skilful People in
Navigation, and Sea-fights, known at that time: Whereof we have the
following Testimonies. First, in _Claudian_, who congratulating
_Stilicon's_ Victory, writes thus;

--_Ut jam trans fluvium non indignante_ Chayco
  _Paseat_ Belga _pecus, mediumque ingressa per_ Albin
  Gallica Francorum _montes armenta pererrent_.

In which Place he makes use of a Poetical License, and calls those
People _Chayci_, which the Geographers call _Chauci_. Now that they were
seated near the Sea, that Panegyrical Oration made to _Constantine_ the
Great, is a Testimony: "_Quid loquar rursus_, &c. What should I speak
more of those remote Nations of the _Franks_, transplanted not from
Places which the _Romans_ of old invaded; but plucked from their very
original Habitations, and their _farthest Barbarous Shores_, to be
planted in the waste Places of _Gallia_; where with their Husbandry,
they may help the _Roman_ Empire in time of Peace; and with their
Bodies, supply its Armies in time of War--." And in another Panegyrick,
by _Eumenius_ the Rhetorician, we find this Passage, "_Aut hæc ipsa_,
&c. Or this Country, which was once overspread with the Fierceness of
the _Franks_, more than if the Waters of their Rivers, _or their Sea_,
had cover'd it;" but now ceases to be barbarous, and is civilized. To
the same Purpose is _Procopius_ Testimony, in his first Book of the
_Gothick War_; for where he describes the place where the _Rhine_ falls
into the Ocean; "In these Parts (says he) there are great Marshes, where
of old the _Germans_ dwelt; a barbarous People, and at that time of
small Reputation, which now are called _Franks_--." And _Zonaras_, in
the 3d Tome of his _Annals_, quotes this very Passage of _Procopius_.
Also _Flavius Vopiscus_, in his Life of _Probus_, tells us, That the
_Franks_ were discomfited by _Probus_ in their inaccessible
Marshes.--_Testes sunt Franci inviis strati paludibus._ Also _Sidonius
Apollinaris_ says thus;

   "_Francorum & penitissimas paludes,
    Intrares venerantibus Sicambris._"

Now what we have said concerning the Neighbourhood of the _Franks_ to
the _Chauci_, may be plainly proved by comparing of Places, and the
Descriptions of their particular Seats. Those of the _Chauci_ are
described by _Pliny_, _lib._ 16. _cap._ 1. Those of the _Franks_ by the
_Rhetorician Panegyrist_, above mentioned: For _Pliny_ says thus, "We
have seen in the _Northern_ parts the Nations of the _Chauci_, called
_Majores & Minores_, where twice every 24 Hours the Ocean is forcibly
driven in a great way over the Land; thro' a vast Passage which is
there, making it a perpetual Controversy of Nature; and a Doubt, whether
it ought to be reckon'd part of the Land or of the Sea."

The Panegyrist speaks in these Terms, "_--Quanquam illa Regio_, &c. When
thy noble Expeditions, O _Cæsar_, have proceeded so far, as to clear and
conquer that Country, which the _Rhine_ runs through, with his cunning
Mæanders or Windings, [_Meatibus callidis_, for so it must be read, and
not _Scaldis_, as in some Copies,] and embraces in his Arms a Region,
which I can scarce call Land; 'tis so soak'd with Water, that not only
the Marshy part of it gives way, but even that which seems more firm,
shakes when trod upon, and trembles at a Distance under the Weight of
the Foot."

We think therefore we have made it plain from what _Seats_ the Nation of
the _Franks_ first came into _Gallia_; that is to say, from that marshy
Country which lies upon the _Ocean_, between the Rivers _Elb_ and _Rhine_:
which may be further confirm'd by this Argument. That the _Franks_ were
very well skill'd in maritime affairs, and sail'd far and near all about
those Coasts; For so says _Eutropius_, _lib._ 9. where he gives a short
History of the Emperor _Galienus_. "After this time, when _Carausius_
had in charge to scour the Sea-coasts of _Belgia_ and _Armorica_, then
infested by the _Franks_ and _Saxons_, &c." The very same thing _Paulus
Orosius_ mentions, _lib._ 7. Also what the _Panegyrist_, before cited,
says in a certain Place, has Reference to this.--"The _Franks_ (says he)
are cruel above all others; the tide of whose warlike Fury surmounting
that of their very Ocean it self, carried them to the Sea-coasts of
_Spain_, which they very much infested with their Depredations." And
therefore the Emperor _Justinian_, when he explains to the _General
Governor_ of _Africk_ the duty of his Office, makes mention of those
_Franks_ which were seated in a certain part of _Gallia_, bordering upon
_Spain_.

But we find a very memorable Passage; which highly sets forth the great
Glory of their war-like Atchievements, in another place of that
Panegyrick; _viz._ That a small Body of _Franks_, which _Probus_, the
Emperor had overcome and carried captive into _Pontus_, seiz'd on some
Ships, wandred all about the Sea-coasts of _Græcia_ and _Asia_, invaded
_Sicily_, took _Syracusa_, and afterwards laden with Booty, return'd
into the Ocean thro' the _Streights_ of _Gibraltar_. "Recursabat in
animos sub _Divo Probo_ & paucorum ex _Francis_ Captivorum incredibilis
audacia, & indigna foelicitas: qui à Ponto usque correptis navibus,
Græciam Asiamque populati, nec impunè plerisque Lybiæ littoribus
appulsi, ipsas postremò navalibus quondam victoriis nobiles ceperant
Syracusas: & immenso itinere permensi, Oceanum, qua terras rupit
intraverant: atque ita eventu temeritatis, offenderant, nihil esse
clausum piraticæ desperationi quò navigiis pateret accessus."

And, as farther Arguments of what I have been proving, may be added all
those Places in several Authors, which inform us that the Habitations of
the _Franks_ were Bordering upon the _Batavians_. The same
_Rhetorician_, in his Speeches to _Maximianus_ and _Constantine_,
says,--"Many thousand _Franks_, who had crossed the _Rhine_, and invaded
_Batavia_, with other Countries on this Side, were slain, driven out, or
carried away captive."

Besides there is a notable Instance in _Corn. Tacitus_, lib. 20. where
speaking of the Neighbourhood of _Frisia_ and _Batavia_ to each other,
he mixes the _Caninesates_ among them, whose Custom in Electing their
Kings was, (as I shall hereafter shew) the very same with that of the
Franks.--"Ambassadors (says he) were sent to the _Caninesates_, to
persuade them to enter into the Confederacy: That People inhabit one
part of the Island, equal as to their Descent, Laws and Valour, to the
_Batavians_; but inferior in Number.--And again--_Brinnio_ being set
upon a Shield (according to the Custom of the Country) and hoisted up on
Men's Shoulders, was chosen their Commander." Which Words will prove of
no small Authority for us, when we come hereafter to that Part of the
Controversy.

The Case being so; I cannot forbear wondring at the Opinion of the
Learned _Andreas Tarnebus_, who despising the Authority of so many grave
and ancient Writers, says, that he thinks the _Franks_ were originally
of _Scandinavia_: because in _Ptolomy_ he finds the _Phirassi_ seated in
that Peninsula, which Word he will needs suppose to be corrupted; and
that, instead of it, the Word _Franci_ ought to be there: but brings no
Reason for his Opinion more than his own mere guess, tho' this Opinion
differs manifestly from all other ancient Authors.

As to all those who are pleas'd with Fables, and have deduced the
Original of the _Franks_ from the _Trojans_, and from one _Francion_, a
Son of _Priam_, we can only say, that they furnish Materials for _Poets_
rather than _Historians_: And among such, _William Bellay_ deserves the
first Place; who, tho' he was a Person of singular Learning and
extraordinary Ingenuity; yet in his Book, which treats of the
Antiquities of _Gallia_ and _France_, seems rather to have design'd a
_Romance_, like that of _Amadis_, than a true History of the
_Francogallican_ Affairs.

       *       *       *       *       *



CHAP. V.

    _Of the Name of the_ Franks, _and their sundry Excursions;
    and what time they first began to establish a Kingdom in_
    Gallia.


But I think it requisite that we should enquire a little more carefully
into this Name of _Franks_; which, as we told you before, is not to be
found in any of the ancient Descriptions of _Germany_. That I may no
longer detain the Reader in Suspence, it must needs be, that either the
Nation of the _Franks_, by which such mighty things were done, was at
first very obscure and mean, (as we see in _Switz_, an ordinary Village)
yet because the first beginning of the Liberty of those Countries
proceeded from thence, gave the name of _Switzers_ to all the rest of
the _Cantons_: Or (which seems to me most probable) this Appellation had
its Original from the Occasion; _viz._ When those that set up for the
prime Leaders and Beginners, in recovering the publick Liberty, called
themselves _Franks_; by which name the _Germans_ understood such as were
_Free_, and under no Servitude; as the Writers of that Nation do
unanimously hold: And therefore in ordinary Speech, by a _Frank_ was
meant a _Freeman_, by a _Franchise_, an _Asylum_, or Place of Refuge;
and _Francisare_ signified to restore to liberty and freedom. The first
Proof we shall give of this, is, what _Procopius_ in his first Book of
the Gothick Wars relates. The _Franks_ (says he) were anciently by a
general name call'd _Germans_; but after they exceeded their Limits,
they obtain'd the name of _Franks_: Of the same Opinion I find _Gregory
of Tours_, the _Abbot_ of _Ursperg_; _Sigibertus_ and _Ado_ of _Vienne_,
and _Godfrey_ of _Viterbo_ to have been, _viz._ That they had the Name
of _Franks_ from their _freedom_, and from their _ferocity_, (alluding
to the sound, of the words _Francos Feroces_), because they refused to
serve as Soldier under _Valentinian_ the Emperor, and to pay Tribute as
other Nations did. A second Proof may be that of _Cornelius Tacitus_,
who in his 20th Book, speaking of the _Caninesates_, whom we have
formerly demonstrated to have been the very-next Neighbours, if not the
true _Franks_ themselves, and, of their Victory over the _Romans_, he
has this expression: _Clara ea victoria, &c._ "That Victory (says he) was
of great Reputation to them immediately after it, and of great Profit in
the Sequel; for having by that Means got both Weapons and Ships into
their Possession, which before they were in great want of; their Fame
was spread over all _Germany_ and _Gaul_, as being the first beginners
of liberty;" _Libertatis Auctores celebrabantur._ For the _Germans_
thereupon sent Ambassadors, offering their Assistance. May the _Omen_
prove lucky! and may the _Franks_ truly and properly deserve that name;
who after having shaken off that Yoke of _Slavery_, imposed upon them by
_Tyrants_, have thought fit to preserve to themselves a commendable
_liberty_ even under the Domination of _Kings_: _For to obey a King is
not servitude_: neither are all who are govern'd by Kings, presently for
that Reason to be counted _Slaves_, but such as submit themselves to the
unbounded Will of a _Tyrant_, a _Thief_, and _Executioner_, as Sheep
resign themselves to the Knife of the Butcher. Such as these deserve to
be called by the vile names of _Servants_ and _Slaves_.

Therefore the _Franks_ had always _Kings_, even at that very time when
they profess'd themselves the _vindicators_ and _assertors_ of the
_publick liberty_: And when they constituted _Kings_, they never
intended they shou'd be _Tyrants_ or _Executioners_, but _keepers_ of
their _Liberties, Protectors, Governors_ and _Tutors_. Such, in short,
as we shall describe hereafter, when we come to give an Account of the
_Francogallican_ Government.

For, as to what a certain, foolish and ignorant _Monk_, called _John
Turpin_, has wrote (in his Life, or rather Romance of _Charlemagn_)
concerning the Origins of the Word _Frank_, viz. That whoever
contributed Money towards the Building of St. _Denis's Church_, should
be called _Francus_, that is, a freeman, is not worthy of being
remembred, no more than all the rest of his trifling Works; stuft'd full
of old Wives Tales, and meer Impertinencies.

But this may be truly affirm'd, that this name of _Franks_, or (as
_Corn. Tacitus_ interprets it) _Authors_ of _Liberty_, was an _Omen_ so
lucky and fortunate to them, that through it they gain'd almost
innumerable Victories. For after the _Franks_ had quitted their ancient
Seats upon that glorious Design, they deliver'd not only _Germany_,
their common Country, but also _France_ from the Tyranny and Oppression
of the _Romans_; and at last (crossing the _Alps_) even a great part of
_Italy_ itself.

The first mention made of this illustrious name, we find in _Trebellius
Pollios_ Life of the Emperor _Gallienus_, about the 260th Year after
_Christ_. His Words are these: "Cum, &c. Whilst _Gallienus_ spent his
time in nothing but Gluttony and shameful Practices, and govern'd the
Commonwealth after so ridiculous a manner, that it was like Boys play,
when they set up Kings in jest among themselves; the _Gauls_, who
naturally hate luxurious Princes, elected _Posthumus_ for their Emperor,
who at that time was _Gallienus's_ Lieutenant in _Gaul_ with imperial
Authority. Gallienus thereupon commenced a War with _Posthumus_; and
_Posthumus_ being assisted by many Auxiliaries, both of the _Celtæ_ and
the _Franks_, took the Field along with _Victorinus_--." By which Words
we may plainly perceive, that the _Gauls_ crav'd the Assistance of the
_Franks_; that is, of these _Authors_ or _Beginners of liberty_, to
enable them to shake off the Tyrant _Gallienus's_ Yoke: Which same thing
_Zonaras_ hints at in his Life of _Gallienus_, when he says, [Greek:
epolemise de phrangois], &c.--We find another mention made of the same
People in _Flavius Vopiscus's_ Life of _Aurelian_, in these Words:--"At
Mentz the Tribune of the 6th Legion discomfited the _Franks_, who had
made Incursions, and overspread all _Gallia_; he slew 700, and sold 300
Captives for Slaves."--For you must not expect that our _Franks_, any
more than other Nations in their Wars, were constantly victorious, and
crown'd with Success. On the contrary, we read that _Constantine_,
afterwards call'd the _Great_, took Prisoners two of their Kings, and
exposed them to the Wild Beasts at the publick shews. Which Story both
_Eutropius_ in his 9th Book, and the _Rhetorician_ in that Panegyrick so
often quoted, make mention of.

And because the same _Rhetorician_ in another place speaks of those Wars
in the Confines of the _Batavi_, which we have shewn not to be far
distant from the _Franks_, I will set down his Words at Length. _Multa
Francorum millia, &c._ "He slew, drove out, and took Prisoners many
thousand _Franks_, who had invaded _Batavia_, and other Territories on
this side the _Rhine_." And in another Place says, "He clear'd the
Country of the _Batavians_, which had before been possess'd by several
Nations and Kings of the _Franks_; and not satisfied with only
overcoming them, he transplanted them into the _Roman_ Territories, and
forced them to lay aside their Fierceness as well as their Weapons."
From which place we are given to understand, not obscurely, that
_Constantine_, (being constrain'd to do so by the _Franks_) granted them
Lands within the Bounds of the _Roman_ Empire. _Ammianus_, lib. 15.
writes, that the _Franks_, during the Civil Wars between _Constantine_
and _Licinius_, sided with _Constantine_, and fought very valiantly for
him. And in other places of the same Book he records, that during the
Reign of _Constantine_, the Son of _Constantine_, great numbers of
_Franks_ were at that _Court_ in high favour and authority, with
_Cæsar_. "Afterwards, says he, _Malarichus_ on a sudden got power,
having gained the _Franks_; whereof at that time great numbers
flourish'd at Court."--During the Reign of _Julian_, call'd the
_Apostate_, the same _Franks_ endeavour'd to restore the City of
_Cologne_ (which was grievously oppress'd by _Roman_ Slavery) to its
liberty: and forced it, after a long Siege, to surrender thro' Famine;
as the same _Ammianus_ tells us, _lib._ 12. And because one Band of
those _Franks_ fix'd their Habitations upon the Banks of the River
_Sala_, they were thereupon called _Salii_; concerning whom he writes in
the same Book,--"Having prepar'd there things, he first of all march'd
towards the _Franks_; I mean those _Franks_ which were commonly called
_Salii_, who had formerly with great boldness fix'd their Habitations
within the _Roman_ Territories, near a place called _Toxiandria_."
Again, in his 20th Book he makes mention of that Country possess'd by
the _Franks_ beyond the _Rhine_, and called _Francia_.--"Having on a
sudden pass'd the _Rhine_, he enter'd the Country of those _Franks_
called _Attuarii_, a turbulent sort of People, who at that time made
great Havock on the Frontiers of _Gallia_."--And in his 30th Book, where
he speaks of King _Macrianus_, with whom _Valentinian_ the Emperor had
lately made a Peace on the Banks of the _Rhine_, in the Territory of
_Mentz_,--"He died, says he, in _Francia_, whilst he was utterly wasting
with Fire and Sword all before him, being kill'd in an Ambush laid for
him by that valiant King _Mellobandes_." Now of this _Mellobandes_, King
of the _Franks_, the same Author in his following Book gives this
Character; "That he was brave and valiant, and upon the score of his
Military Virtue constituted great Master of the Houshold by the Emperor
_Gratianus_, and Lieutenant-General (in conjunction with _Nannienus_) of
that Army which was sent against the _Lentiates_, a People of
_Germany_." Afterwards, by virtue of a Treaty concluded between the
_Franks_ and the Emperor _Honorius_, they defended the Frontiers of the
_Roman Gallia_ against _Stilicon_: For _Orosius_ tells us in his last
Book, "That the Nations of the _Alani_, _Suevi_ and _Vandali_, being
(together with many others) encouraged by _Stilicon_; pass'd the
_Rhine_, wasted the Territories of the _Franks_, and invaded _Gallia_."

After the Emperor _Honorius_'s time, we have very little in History
extant concerning the _Frank_'s Warlike Deeds. For to those Times must
be apply'd what St. _Ambrose_ writes in his Letter (the 29th) to
_Theodesius_ the Emperor: That the _Franks_ both in _Sicily_ and many
other Places, had overthrown _Maximus_ the _Roman_ General. "He (says
he, speaking of _Maximus_) was presently beaten by the _Franks_ and
_Saxons_ in all places of the Earth." But in the Reign of _Valentinian_
the 3d, that is, about the 450th Year of _Christ_, 'tis plain, by the
consent of all Writers, that _Childeric_, the Son of _Meroveus_, King of
the _Franks_, compleated the Deliverance of _Gallia_ from the _Roman_
Tyranny, after a continued Struggle of more than 200 Years; and was the
first that established in _Gallia_ a firm and certain Seat of Empire:
For altho' some reckon _Pharamond_ and _Clodio-crinitus_ as the first
Kings of the _Franks_, yet without doubt there were many before them,
who (like them) had cross'd the _Rhine_, and made Irruptions into
_Gallia_: but none had been able to settle any peaceable Dominion within
the Limits of _Gallia_. Now _Meroveus_, who is commonly reckon'd the 3d
King; tho' he was indeed King of the _Franks_, yet he was a Stranger and
a Foreigner, not created King in _Gallia_, not King of the
_Francogalli_; that is to say, not elected by the joint Suffrages of
both Nations united: In short, all these were Kings of the _Franci_, and
not of the _Francogalli_. But _Childeric_, the Son of _Meroveus_, was
(as we said before) the first that was elected by the publick Council of
the associated _Franks_ and _Gauls_, and he was created King; of
_Francogallia_ presently after his Father _Meroveus_ had been kill'd in
a Battel against _Attila_, during the Reign of _Valentinian_ the Third,
a dissolute and profligate Prince. At which time the _Angli_ and _Scoti_
took Possession of _Great Britain_; the _Burgundians_ of _Burgundy,
Savoy and Dauphine_; the _Goths_ of _Aquitain_: the _Vandals_ of
_Africk_ and _Italy_, nay of _Rome_ it self; the _Hanni_ under their
Leader _Attila_ wasted _Gallia_ with Fire and Sword. This _Attila_ having
an Army of about Five hundred thousand Men, over-ran all _Gallia_ as far
as _Thoulouse_. _Ætius_ was at that time Governor of _Gallia_, who
fearing the Power of _Attila_, made a League with the _Goths_, and by
their assistance defeated _Attila_ in a Battel; wherein, 'tis said, they
slew no fewer than a Hundred and eighty thousand Men. But the Conqueror
_Ætius_ being suspected by _Valentinian_ of aspiring to the Empire, was
afterwards, by his Command, put to Death; and within a little while
after, he himself was slain by _Maximus_ before-mention'd.

During these Transactions, _Meroveus_, King of the _Franks_, taking his
Opportunity, pass'd the _Rhine_, with a great Army; and joyning in
Confederacy with many Cities, who assisted in the common Cause of the
publick Liberty, possess'd himself at length of the innermost Cities
belonging to the _Celtæ_, between the _Seine_ and the _Garonne_. He
being dead, and both Nations (the _Gauls_ and _Franks_) united into one
Commonwealth; they unanimously elected _Childeric_, the Son of
_Meroveus_, for their King, placing him upon a Shield according to
ancient Custom; and carrying him upon their Shoulders thrice round the
place of Assembly, with great Acclamations of Joy, and universal
Congratulation, saluted him _King of Francogallia_. Of all which
particulars, _Sidonius Apollinaris_, _Gregorius Turonensis_, _Otto
Frising_, _Aimoinus_ and others are Witnesses; whose Testimonies we
shall further produce, when we come to treat of the Manner of the
Inauguration of the King.

The Words of the same _Otto_, in the last Chapter but one of his 4th
Book concerning their taking possession of several Cities, are
these.--"The _Franks_, after having pass'd the _Rhine_, in the first
place put to flight the _Romans_, who dwelt thereabouts; afterwards they
took _Tournay_ and _Cambray_, Cities of _Gallia_; and from thence
gaining ground, by degrees they subdued _Rheims_, _Soissons_, _Orleans_,
_Cologne_ and _Triers_." And thus much may briefly be said touching the
first King of _Francogallia_. To which we shall only subjoin this
Remark: [Footnote: Hotoman's _Francogallia_ was written _Anno_ 1573.] _That
altho' the Francogallican Kingdom_ has lasted from that time to this,
almost One thousand two hundred Years; yet during so long a space, there
are but three Families reckon'd to have possess'd the Throne, _viz._ the
Merovingians; who beginning from Meroveus, continued it to their
Posterity two hundred eighty three Years. The _Carlovingians_, who
drawing their Original from _Charles the Great_, enjoy'd it 337 Years:
And lastly, the _Capevignians_, who being descended from _Hugh Capet_,
now rule the Kingdom, and have done so for Five hundred and eighty Years
past.

       *       *       *       *       *



CHAP. VI.

    _Whether the Kingdom of_ Francogallia _was_ hereditary
    _or_ elective; _and the manner of making its_ Kings.


But here arises a famous Question; the Decision of which will most
clearly show the Wisdom of our Ancestors.--_Whether the Kingdom of
Francogallia were Hereditary, or conferr'd by the Choice and Suffrages
of the People_, That the _German_ Kings were created by the _Suffrages_
of the _People_. _Cornelius Tacitus_, in his Book _Demoribus Germanorum_,
proves plainly; and we have shown, that our _Franks_ were a _German_
People: _Reges ex nobilitate, Duces ex virtute sumunt_; "Their _Kings_
(says he) they chuse from amongst those that are most eminent for their
_Nobility_; their _Generals_ out of those _that are Famous for their
Valour:"_ Which Institution, [Footnote: 1574.] to this very day, the
_Germans, Danes, Sweeds and Polanders_ do retain. They _elect_ their
Kings in a _Great Council of the Nation_; the Sons of whom have this
privilege (as _Tacitus_ has recorded) to be preferr'd to other
Candidates. I do not know whether any thing cou'd ever have been devised
more prudently, or more proper for the Conversation of a Commonwealth,
than this Institution. For so _Plutarch_, in his Life of _Sylla_,
plainly advises. "Even (says he) as expert Hunters not only endeavour to
procure a Dog of a right good Breed, but a Dog that is known to be a
right good Dog himself; or a Horse descended from a generous Sire, but a
tryed good Horse himself: Even so, those that constitute a Commonwealth,
are much mistaken if they have more regard to _kindred_, than to the
_qualification_ of the Prince they are about to set over them."

And that this was the Wisdom of our Predecessors in constituting the
_Francogallican Kingdom_, we may learn, First, from the last Will and
Testament of the Emperor _Charlemagn_, publish'd by _Joannes Nauclerus_
and _Henricus Mutius_; in which there is this Clause--"And if any Son
shall hereafter be born to any of these, my three Sons, whom the People
shall be _willing to Elect_ to succeed his Father in the Kingdom; My
Will is, that his Uncles do consent and suffer the Son of their Brother
to reign over that portion of the Kingdom which was formerly his
Father's." Secondly, What _Aimoinus, lib._ I. _cap._ 4. says, of
_Pharamond_, commonly counted the first King of the _Franks_, in these
Words.--"The _Franks electing_ for themselves a King, according to the
custom of other Nations, raised up _Pharamond_ to the Regal Throne." And
again, _lib._ 4.--"But the Franks took a certain _Clerk_ or _Priest_
called _Daniel_; and as soon as his Hair was grown, _establish'd_ him in
the Kingdom, calling him _Chilperic_." And _lib._ 4. _cap._ 67.--"King
_Pipin_ being dead, his two Sons, _Charles_ and _Carlomannus_, were
_elected Kings by the consent of all the_ Franks." And in another
place--"As soon as _Pipin_ was dead, the _Franks_ having appointed a
solemn _Convention, constituted_ both his Sons Kings over them, upon
this foregoing condition, that they should divide the whole Kingdom
equally between them."--And again, after the Death of one of the
Brothers--"But _Charles_, after his Brother's Decease, was _constituted_
King by the _consent_ of all the _Franks_." Also, towards the end of his
History of _Charles the Great_, he says, "The Nobility of the _Franks_
being solemnly assembled from all parts of the Kingdom; he, in their
presence, called forth to him _Lewis_ King of _Aquitain_, (the only one
of _Heldegardis's_ Sons then living) and _by the advice and consent of
them all_, constituted him his Associate in the whole Kingdom, and Heir
of the Imperial Dignity." Thus much out of _Aimoinus_.

Many Testimonies of the like nature we find in _Gregorius Turen_ whereof
we shall cite only these few following, _lib. 2. cap. 12._--"The
_Franks_ (says he) having _expelled Childeric_; unanimously _elected
Eudo_ for their King."--Also _lib. 4. cap. 51._--"Then the _Franks_ (who
once looked towards _Childebert_ the Elder) sent an Embassy to
_Sigebert_, inviting him to leave _Chilperic_ and come to them, that
they by _their own Authority_ might make him King."--And a little
after--"The whole Army was drawn up before him; and having set him upon
a Shield, _they appointed_ him to be their King."--And in another
place--"_Sigebert_ agreeing to the _Franks_ Proposals, was placed upon a
Shield, according to the Custom of that Nation, and proclaimed King; and
so got the Kingdom from his Bother _Chilperic_"--And presently
after--"The _Burgundians_ and _Austrasians_ concluded a Peace with the
_Franks_, and made _Clotharius_ King over them in all the three
Kingdoms," Which particular the _Abbot_ of _Ursperg_ confirms. "The
_Burgundians_ (says he) and _Austrasians_ having struck up a Peace with
the _Franks_, advanced _Clotharius_ to be King and sole Ruler of the
whole Kingdom."--And in another place--"The _Franks_ appointed one of
his Brothers, called _Hilderic_, who was already King of the
_Austrasians_, to be also their King."

To this matter belongs what _Luitprandus Ticinensis_ writes, _lib. i.
cap. 6._ "And when he was about to enter into that _Francia_ which is
called _Roman_, (after having cross'd the Countries of the
_Burgundians_) several Ambassadors of the _Franks_ met him, acquainting
him that they were returning Home again; because being tired with long
expectation of his coming, and not able any longer to be without a King,
they had _unanimously_ Chosen _Odo_ or _Wido_, tho' 'tis reported the
_Franks_ did not take _Wido_ upon this occasion for their King, &c."

But concerning this _Odo_, the Story is memorable which _Sigibert_
relates; from whence we may more clearly be inform'd of the manner of
their _rejecting_ their King's _Son_, and "_setting up_ another in his
stead." For (_sub anno_ 890.) he says thus "But the _Franks_ neglecting
_Charles_ the Son of _Lewis the Stammerer_, a Boy scarce ten years old;
Elected, _Odo_ for their King, who was Son of _Duke Robert_, slain by
the _Normans_." Also _Otto Frinsing Chronic. lib. 6. cap. 10._ "The
_Western Franks_ (says he) with the consent of _Arnolphus_, chose for
their King _Odo_ a valiant Man, and Son of _Robert_."--Also in the
_Appendix_ to _Gregory_ of _Tours_, lib. 15. cap. 30. "After the Death
of _Dagobert, Clodoveus_ his Son obtain'd his Father's Kingdom, being at
that time very young, and all his _Leudes_ (that is, Subjects) _rais'd_
him to the Throne, _in Villa Masolano_."--Also _Sigebert_, in _chronic.
anno_ 987.--"_Lewis_ King of the _Franks_ being dead, the _Franks_ had a
mind to transfer the Kingdom to _Charles_ the Brother of _Lotharius_;
but whilst he spent too much time, deliberating with his Council
concerning that Affair, _Hugo_ acquires the Kingdom of the _Franks_,
&c." There are many Testimonies, of the same Kind in _Ado_, viz. _anno_
686.--"_Clodoveus_ the King dying, the _Franks_ elect _Clotarius_ his
Son for their King." And again, "--_Clotarius_ having reigned four
Years, died, in whose stead the Franks elected _Theodorick_ his
Brother--." Again, _anno_ 669. "The _Franks_ establish'd in the Kingdom
a certain Clerk, called _Daniel_, having caused him to quit his Tonsure
and Orders, and name him _Chilperic_." And again,--"The _Franks_
appoint, as King over them, _Theodoric_ the Son of _Dagobert_"--. Also
_Otto Frising_ chron. 6. cap. 13.--"_Otto_ (says he) King of the
_Franks_ being dead, _Charles_ was created King by unanimous Consent--."
The Appendix to _Greg. Turon._ _lib._ 11. _cap._ 101. says thus, "When
_Theodoric_ was dead, the _Franks_ elected _Clodoveus_ his Son, who was
very young, to be their King." And _cap._ 106. "But the _Franks_ appoint
one _Chilperick_ to be their King." Also _Godfrey_ of _Viterbo_, _chron.
part._ 17. _cap._ 4. "--But _Pipin_ in being elected by the _Franks_,
was declared King by Pope _Zacharias_, _they having thrust their
cowardly King_ Hilderic _into a Monastery_."

From these Proofs, and very many others like them, I think 'tis most
plain, that the Kings of _Francogallia_ were made such rather by the
_Suffrages_ and _Favour_ of the _People_, than by any _Hereditary
Right_. Of which a farther Argument may be the _Forms_ and _Ceremonies_
used by our _Ancestors_, at the Inauguration of their _Kings_. For we
observe, the very same Custom was continued at the _Election_ of our
Kings, which we told you before out of _Cornelius Tacitus_, was formerly
practised by the _Caninesates_, (the _Franks_ own Country-men) _viz._
that they set their _Elected King_ upon a _Shield_, and carried him on
high on Men's Shoulders. So did we; for whoever was chosen by the Votes
of the People, was set upon a _Shield_, and carried thrice round the
place of publick Meeting for _Election_, or round about the Army on
Men's Shoulders, all the People expressing their joy by Acclamations,
and clapping of Hands. _Greg. Turen. lib._ 2. where he makes mention of
King _Clodoveus's_ Election,--"But they (says he) as soon as they heard
these things, applauding him both with their Hands and Tongues, and
hoisting him on a Shield, _appointed_ him to be their King--." Also
_lib._ 7. _cap._ 10. where he speaks of _Gondebaldus_,--"And there (says
he) placing their King upon a _Shield_, they lifted him up; but 'tis
reported, that as they were carrying him round the third time, he fell
down; so that he was scarcely kept from tumbling to the very Ground by
those that stood about him." Of which Accident _Aimoinus, lib. 3. cap.
6._ gives us this Account,--"They called forth _Gondebaldus_, and
according to the Custom of the ancient _Franks_, proclaimed him their
King, and hoisted him on a Shield; and as they were carrying him the
third time round the whole Army, of a sudden they fell down with him,
and could scarce get him up again from the Ground--." The like says
_Ado. Vien._ Ætat. 6.--_"Sigebertus_ consenting to the _Franks_, was
placed upon a Shield, according to the _Custom of that Nation_, and
proclaimed King": And peradventure from hence arose that Form among
those Writers, who treat of the Creation of a King;--_In Regem elevatus
est._

But now we come to the third Part of this Controversy, in order to
understand, how great the _Right and Power of the People_ was, both in
_making_ and _continuing_ their Kings. And I think it is plainly prov'd
from all our Annals, that the _highest Power_ of _abdicating_ their
_Kings_, was lodged in the _People_. The very first that was created
King of _Francogallia_, is a remarkable instance of his Power. For when
the People had found him out to be a profligate lewd Person, wasting his
time in Adulteries and Whoredoms, they removed him from his Dignity by
universal Consent, and constrain'd him to depart out of the Territories
of _France_: and this was done, as our Annals testify, in the Year of
Christ 469. Nay, even _Eudo_, whom they had placed in his stead, abusing
his Power thro' excessive Pride and Cruelty, was with the like Severity
_turned out_. Which Fact we find attested by _Gregory of Tours, lib. 2.
cap. 12. Aimoinus, lib. 1. cap. 7. Godfrey of Viterbo, part. 17. cap. 1.
Sigibertus, sub annis 461, & 469. "Childeric_ (says _Gregorius_) being
dissolved in Luxury, when he was King of the _Franks_, and beginning to
deflower their Daughters, was by his Subjects _cast out of the Throne
with Indignation_; whereupon he finding they had a Design to kill him,
fled into _Thoringia_." But the _Abbot of Ursperg_ says, "the People were
unwilling to kill him, but contented themselves with having _turn'd him
out, because he was a dissolute Man_, and a Debaucher of his Subjects
Daughters--." _Sigibertus_ says,--"_Hilderick_ behaving himself
insolently and luxuriously, the _Franks thrust him out of the Throne_,
and made _Ægidius_ their King."

And this most glorious and famous Deed of our Ancestors, deserves the
more diligently to be remark'd, for having been done at the very
Beginning, and as it were, the Infancy of that Kingdom; as if it had
been a Denunciation, and Declaration, that the Kings of _Francogallia_
were made such, upon certain _known terms and Conditions_; and were _not
Tyrants_ with _absolute unlimited_ and _arbitrary_ Power.

Their Successors also, keeping up the same Custom, in the Year of
_Christ_ 679, forced _Childeric_, their Eleventh King, to _Abdicate_,
because he had behaved himself insolently and wickedly in his
Government. And he having formerly caused a certain Nobleman, called
_Bodilo_, to be tied to a Stake and whipp'd, without bringing him to a
Tryal, was a few Days after slain by the same _Bodilo_. Our Authors are
_Aimoinus, lib. 4. cap. 44_, _Trithemius, anno 678._ and _Sigebertus,
anno 667_.

The Severity of our Ancestors appear'd in the same Manner a little while
after, in the Instance of their 12th King _Theodoric_; who being a
wicked and covetous Prince, "the _Franks_ (says _Aimoinus_) _rose up
against him_, and _cast him out of the Kingdom_, cutting off his hair by
_force_," lib. 4. cap. 44.--_Ado_, Ætat. 6. anno 696. but _Sigebertus_
sub anno 667. imputes a great many of his Crimes to _Ebroinus_ his
Favourite and chief General. [Footnote: _Præfectus Regius._] "King
_Theodorick_" (says he) "was _deposed_ by the _Franks_, because of the
Insolence of _Ebroinus_, and his Brother _Hilderick_ was with unanimous
Consent _chosen_ King." And _Ado_ says, "The _Franks_ cast _Theodorick_
out of the Kingdom, shaved _Ebroinus_ in the Monastery of _Lexovium_,
and afterwards raised _Childerick_ to be King over them." Also the
Appendix to _Greg. of Tours, lib. II. cap. 64._--"The _Franks_ rise up
in _Arms_ against _Theodorick, cast him out_ of the Kingdom, and cut off
his Hair: They shaved also _Ebroinus."_

The like Virtue our Ancestors exerted in the Case of _Chilperick_ their
18th King, whom they _forced to abdicate the Kingdom_, [Footnote: _Regno se
abdicare coegerunt._] and made him a Monk, judging him unworthy to sit
at the Helm of so great an Empire, [Footnote: _Propter inertiam._] _by
reason of his Sloth._ Whereof _Aimoinus_, lib. 4. cap. 61. _Sigibertus_
and _Trithemius_, anno 750. and _Godfrey_, Chronic. part. 17. cap. 4.
are our Witnesses.

Again, a sixth Example of the like Severity is extant in _Charles the
Gross_ their 25th King; who for the like _Cowardise_, and because he had
granted away part of _France_ to the _Normans, suffering his Kingdom to
be dismembred_, was [Footnote: _Ab optimatibus Regni repudiatas._]
_rejected and turn'd out_ by the _Nobility_ and _Gentry_ of the Kingdom,
as _Sigebertus_ tells us _anno 890_. Which same thing _Godfridus_
records, _part. 17._ But more at large _Otto Frising, chron. 6. cap. 9._
where he adds this memorable Passage,--"This Man (says he) who next to
_Charles the Great_, had been the King of greatest Power and Authority
of all the Kings of the Franks, was in a short time reduced to so low a
Condition, that he wanted Bread to eat, and miserably begged a small
Allowance from _Arnolphus_, who was _chosen_ King in his stead, and
thankfully accepted of a poor Pension: From whence we may observe the
uncertain and miserable State of all Human Greatness; that he who had
govern'd all the _Eastern_ and _Western_ Kingdoms, together with the
_Roman_ Empire, shou'd at last be brought down to such a Degree of
Poverty, as to want even Bread." A Seventh Instance is _Odo_ the 26th
King, who after he had been elected King in the Room of _Charles_ the
Son of _Lewis_ the _Stammerer_, was in the 4th Year of his Reign, by the
_Franks, banish'd_ into _Aquitain_, and commanded to abide there; they
replacing in his stead the same _Charles_ the Son of _Lewis_. Which Fact
is recorded by _Sigebertus_, sub anno 894. _Aimoinus_ lib. 5. cap. 42.
and _Godfridus_ part. 17.

We must add to this Number _Charles_ the 27th King, sirnamed (because of
his _Dullness_) [Footnote: _Propter Stuporem ingenii._] _Charles_ the
_Simple_: Who having thro' his Folly suffer'd his Kingdom to run to
Decay, and lost _Lorrain_ (which he had before recover'd) was _taken and
cast into Prison_, and _Rodolphus_ was _chosen_ in his place, as
_Aimoinus, lib. 5. cap. 42._ and _Sigebertus, anno 926._ do testify.

       *       *       *       *       *



CHAP. VII.

    _What Rule was observ'd concerning the Inheritance of the
    deceased King, when he left more Children than one._


All that we have above said, tends to prove, that the Kingdom of
_Francogallia_ in old times, did not descend to the Children by _Right
of Inheritance_ (as a private Patrimony does); but was wont to be
bestow'd by the _Choice and publick Suffrages of the People_: So that
now there is the less Room left for the Question,--What Rule was
observed in Relation to the Children of the deceased King, when he left
more than one behind him. For since the Supreme Power nor only of
_Creating_, but also of _dethroning_ their Kings, was lodged in the
_Convention_ of the _People_, and _Publick Council_ of the Nation; it
necessarily follows, that the _ordering_ the _Succession_ (whether they
should give it entirely to one, or divide it) was likewise in the
_People_. Altho' in this place another Question may arise, _viz._
supposing the People shou'd _reject_ the Son of their King, and _elect_
a Stranger, whether any thing should be allowed to the first to maintain
his Dignity? For the Solution, of which 'tis to be understood, that
Lawyers reckon four Kinds of such Goods, as may be properly said to be
under the King's [Footnote: _In Regis ditione._] Governance; _viz._ the
Goods of _Cæsar_, the Goods of the _Exchequer_; the Goods of the
_Publick_, and _Private_ Goods. The Goods of _Cæsar_ are such as belong
to the _Patrimony_ of every Prince, not as he is _King_, but as he is
Ludovicus, or _Lotharius_, or _Dagobertus_. Now this Patrimony is called
by the _Gallican_ Institutions, _The King's Domain_; which cannot be
alien'd, but by the Consent of the _publick Council_ of the Nation, as
we shall make it appear hereafter, when we come to treat of the
Authority of that _Council_. The Goods of the _Exchequer_ are such as
are given by the _People_, partly to defend the King's Dignity, and
partly appropriated to the Uses and Exigencies of the _Commonwealth_.
The Goods of the _Publick_ (as the Lawyers call them) are such as
inseparably belong to the _Kingdom_ and _Commonwealth_. The _private_
Goods are reckon'd to be such Estate, Goods and Fortune, as are esteemed
to belong to every Father of a Family. Therefore upon the Death of any
King, if the Kingdom be conferr'd on a Stranger, the _Patrimonial_
Estate, as Lawyers call it, (being what was not in the King's Power to
alienate) shall descend by Inheritance to his Children: But that which
belongs to the _Kingdom_ and _Commonwealth_, must necessarily go to him
who is chosen King, because it is part of the _Kingdom_. Altho' it may
be reasonable, that Dukedoms, Counties, and such like (by Consent of the
_publick Convention_ of the People) may be assigned to such Children for
the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.
and _Godfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_
being made King, assigned certain Towns and Villages near the _Loire_,
to his Brother _Heribert_ for his Maintenance. Which _Aimoinus_
confirms, _lib._ 4. cap. 17. and further adds, that he made a Bargain
with him, to live as a private Person, and to expect no more of his
Father's Kingdom. Also in his 61. _chap._ where he speaks of King
_Pipin_, "He bestowed (says he) some Counties on his Brother _Grison_,
according to the _Order_ of the Twelve Peers." And to this belongs what
_Greg. Turon._ writes, _lib. 7. cap. 32._--"_Gondobaldus_ sent two
Ambassadors to the King with consecrated Rods in their hands, (that no
Violence might be offer'd them by any body, according to the Rites of
the _Franks_) who spoke these Words to the King, _Gondobaldus_ says, he
is a Son of King _Clotharius_, and has sent us to claim a due Portion of
his Kingdom."

But to return to the Question, as far as it relates to the Succession of
the Kingdom; I can find out no certain Rule or Law in _Francogallia_
touching that Matter; because (as I said before) the Kingdom was not
hereditary. 'Tis true, that in many _Noble Patrimonies_ there was what
we call _Fiefs_, Feuda; as _Otto Frising. lib. 2. cap. 29._ observes,
"'Tis the Custom (says he) in _Burgundy_, which is also in most of the
other Provinces of _France_, that the Authority of the Paternal
Inheritance always falls to the Elder Brother, and his Children, whether
Male or Female; the others looking on him as their Lord--." And that the
same was practised among the whole Nation of the _Franks, Petrus de
Vincis_, lib. epist. 6. epist. 25. and in other Places of his Writings,
sets forth at large. But in the Succession of the Kingdom a different
Rule was observ'd. For our Records do testify, that in old times the
Kingdom of _Francogallia_, upon the Death of the King, was very often,
not bestowed by the People on any one of his Sons, but divided into
convenient Parcels, and a part assigned to each of them. Therefore when
_Clodoveus_ the 2d King dyed, _anno_ 515. who left four Sons,
_Theodorick, Clodoveus, Childebert_, and _Clotharius_, we find the
Kingdom was thus divided among them; _Theodorick_ had the Kingdom of
_Metz_ for his Share, _Clodoveus_ that of _Orleans, Clotharius_ that of
_Soissons_, and _Childebertus_ that of _Paris_, as 'tis recorded by
_Agathius_, lib. hist. 1. _Greg. Turon._ lib. 3. cap. 1. _Aimoinus_ lib.
2. cap. 1. _Rhegino_ sub anno 421.

Again, after the Death of _Clotharius_ the 4th King, the Kingdom was
divided among his four Sons. So that _Cherebertus_ had that of _Paris:
Guntranus, Orleans: Chilpericus, Soissons:_ and _Sigebertus_ that of
_Rheims_--, Greg. _lib. 4. cap. 22._ Aimoinus _lib. 3. cap. 1._ Rhegino
_sub anno_ 498.

On the other hand, _Otto Frising._ chron. 5. cap. 9. and _God. Viterb._
tell us, That about the Year 630, when _Lotharius_ the 7th King died,
_Dagobertus_ his Son reigned _singly_ in _France_, and assigned to his
Brother _Heribert_ some Cities and Villages on the River _Loire_, for
his Maintenance. For from _Clodoveus_'s Time till now, the Kingdom of
the _Franks_ was confusedly subdivided among the Sons, and the Sons
Sons, each of which reigned over the part allotted him.--"The Extent of
the Kingdom of the _Franks_ reaching now from _Spain_, as far as to
_Hungary: Dagobert_ being sole King of all the _Franks_, gave Laws to
the _Bavarians_." So says _Godefridus_, not without good Grounds, as
many wise Men have thought. For, as _Justin_ tells us, _lib. 21._ "That
Kingdom will be much more potent, which remains under the Domination of
one Person, than when 'tis divided among many Brothers."

But after some Years, when the Kingdom of the _Franks_ was excessively
enlarged on all Sides, and King _Pipin_ was dead, the _General Council_
of the _Gauls_ changed this Method again. Which serves to confirm what
we said before; _viz._ That the _whole Power_, relating to that Matter,
was lodged in that _Council._ For _Eguinarthus_, in his Life of
_Charlemagn_, writes thus, "--After King _Pipin'_s Death, the _Franks_
having assembled themselves in a _solemn general Convention_, did there
_appoint_ both his Sons to be their Kings, upon this Condition, that
they shou'd equally divide the whole body of the Kingdom between them:
And that _Charles_ shou'd reign over that part of it, which their Father
_Pipin_ enjoy'd; and _Carloman_ over the other Part which their _Uncle_
held."

Also the _Abbot of Ursperg_ says,--"When _Pipin_ was dead, his two Sons
_Charles_ and _Carloman_, by the _Consent of all the Franks_, were
created Kings, upon Condition, that they shou'd divide the whole body of
the Kingdom equally between them.--" The same Method in dividing the
Kingdom, was practised after the Death of _Charlemagn_, as 'tis manifest
by his last Will and Testament, recorded by _Johannes Nauclerus_, and
_Eguinarthus_'s History of his Life. Wherein we find almost all _Europe_
so divided among his three Sons, that nothing was assigned either as a
Portion or Dower, to his Daughters; but the marrying and providing for
them was entirely trusted to the Care and Prudence of their Brothers.
_Otto Frisingensis_, chron. 6. cap. 6. and _Rhegino_ in chron. anno 877.
assure us, that the same Manner of dividing the Kingdom was practis'd in
_East-France_, after the Death of _King Lewis the Stammerer_, in 874.
Again, some Years after, _anno_ 880. after King _Lewis_ the 23d King's
Death, the very same way of dividing the Kingdom was made use of; which
however we are to observe, was _not in_ the _Power_ and _Arbitriment_ of
_the Kings themselves_; but done by the _Authority_ of the _Publick
Council_, as we may easily collect from these Words of _Aimoinus_, lib.
5. cap. 40. "The Sons (says he) of _Lewis_, late King of the _Franks_,
met at _Amiens_, and divided their Father's Kingdom between them,
_according to the Direction of their faithful Subjects._"

From all which Arguments 'tis very plain, that anciently there was no
certain Law or Right of _Francogallia_ touching this Matter; but the
_whole Power of disposing_ of it was lodged in the _Publick Council_ of
the Nation. Indeed afterwards in the Reign of _Philip_ the 3d, (the 41st
King) it was ordained, that certain Lordships might be set out and
assigned to younger Brothers: But even of this Law there were various
Interpretations, and many Controversies arose concerning Daughters; so
that we can deliver nothing for certain in this Affair; only thus much
we may truly say, That _if the Ancient Institution of our Ancestors
ought to be our Rule, the Determination of this whole Matter must be
left to the Publick General Council of the Nation:_ that according to
the Number of Children, some particular Lordships or Territories, may
_(by its Authority)_ be assigned for their Maintenance.

       *       *       *       *       *



CHAP. VIII.

    _Of the_ Salick Law, _and what Right_ Women _had in the
    King's their Father's Inheritance_.


Because we have undertaken to give an Account of the _Law_ and _Right_
of _Regal Inheritance_, we must not omit making Mention of the _Salick
Law_; which is both daily discours'd of by our Countrymen, and in the
Memory of our Forefathers serv'd to appease a great and dangerous
Contention, which arose touching the Succession to the Crown. For when
(_Anno_ 1328.) _Charles the Fair_, Son of _Philip the Fair_, died,
leaving his Wife with Child of a Daughter, (which some Months after was
born) _Edward King of England_ (Son of _Isabella_, the Daughter of
_Philip the fair_, and Sister to _Charles_ lately dead) claimed the
Inheritance of his Grandfather's Kingdom as his Right. But _Philip of
Valois_, Cousin germain by the Father's Side to the deceased King,
standing up, alledged that there was an ancient Regal Law, called the
_Salick Law_, by which _all Women_ were excluded from the Inheritance of
the Crown. Now this Law both _Gaguinus_ and other Writers of like Stamp
tell us, was written by _Pharamond_; and he calls it a most famous Law,
even to his Time. For in his Life of _Philip of Valois_; "The _Salick_
Law (says he) was a Bar to _Edward_'s Title; which Law being first given
by _Pharamond_ to the _Franks_, has been religiously observed, even to
those Days. By that Law, only the Heirs Male of our Kings are capable of
governing the Kingdom, and no Females can be admitted to that Dignity.
The Words of that Law are these: _Nulla hereditatis portio de terrâ
Salicâ ad mulierem venito; Let no Part of the Inheritance of_ Salick
_Land come to a Woman_. Now (says _Gaguinus_) the _French_ Lawyers call
_Salick_ Land, such as belongs only to the King, and is different from
the _Alodial_ which concerns the Subjects; to whom, by that Law, is
granted a free Dominion of any thing, not excluding the Princely
Authority." And to the same Purpose, not only almost all the
_Francogallican Historians_, but even all the _Lawyers_ and
_Pettifoggers_ have wrote to this Day, as _Paponius_ testifies,
_Arrest._ lib. 4. cap. 1. So that now the mistake has prevailed so far,
as to have obtain'd the Force of a Law. To explain this, it must be
remembred (which we formerly gave an Account of) that the _Franks_ had
two Seats of their Empire, and two Kingdoms; One in _France_, which
remains to this Day; The other beyond the _Rhine_, near the River
_Sala_; from whence they were called _Salii_, and _Salici Franci_
(joyning the two Names together) but for the most part briefly _Salici_;
the Kingdom of these last, and even their very Name is in a Manner
extinct. _Ammianus Marcellinus_ makes mention in his History (as we told
you before) of these _Salii_, and shews, that they are called the
_Eastern Franks_, as the others were called the _Western_. Now as there
were two Kingdoms of the _Franks_, so they had different Laws: those
that belonged to the _Salii_, were called _Salick_; those that belonged
to the _Francogalli_, were called _French. Eguinarthus_ in his Life of
_Charles_ the Great says thus:--"After he had assumed the Imperial
Title, finding that his Peoples Laws were in many Things deficient,
(_for the_ Franks _have two Laws very different from each other in many
Cases_,) he thought of adding such as were wanting."--The Author of the
Preface to the _Salick_ Law has this Passage.--"The renowned Nation of
the _Franks_, before it was converted to the Catholick Faith, enacted
the _Salick_ Law by the Great Men of the Nation, who at that Time were
their Governors; and from among a great many, four Persons were chosen;
_Wisogast, Arbogast, Salogast_, and _Windogast_; who, during three
Conventions [_tres mallos_] carefully perusing all Causes from their
Original, gave their Judgment and Decree of every one of them in this
Manner, &c.--" _Sigebertus_ in Chron. anni 422. & _Otto Frising_, lib.
4. cap. penult. make use of almost the same Words. "From that time (say
they) the Laws recommended to them by _Wisigastaldus_ and _Salogastus_,
began to be in Force. By this _Salogastus_, they tell us, that Law was
invented, which from his Name is to this Day called the _Salick_ Law;
and the most noble of the _Franks_, called _Salici_, observe it at this
time."--Thus say the old Chronographers. By which we may refute the
Error of such as derive the _Salick_ Law, _à Sale_, that is, _Prudence_;
or what is called corruptly _Lex Salica_, instead of _Gallica_; than
which nothing can be more absurd. But much greater Errors spring from
the same Fountain: First, That People are so far imposed upon by those
Authors, as to believe the _Salick_ Law had reference to the _Publick
Right_ of the _Commonwealth_ and the _Government_, also to the
_Hereditary Succession_ of the Kingdom. Now the very Records or Tables
of this _Salick_ Law were not many Years ago found and brought to Light;
from whose Inscription it appears, that they were first written and
publish'd about _Pharamond'_s time: Besides, that all the Heads and
Articles, both of the _Salick_ and _French_ Laws, were Constitutions
relating only to _private Right_ between Man and Man, and meddled not
with the _Publick_ Right of the Kingdom or Commonwealth: among the rest,
one Chapter, _tit. 62._ has this in it.--"Of the _Salick_ Land, no Part
or Portion of Inheritance passes to a Female; but this falls to the Male
Off-spring; that is, the Sons shall succeed to the Inheritance: But
where a Dispute shall arise (after a long Course of Time) among the
Grandsons and great Grandsons, _de alode terræ_; [Footnote: _Allodium_ is
the contrary to _Feudum, Gothick_ words, for which 'tis difficult to
find proper _English_.] let it be divided, _Non per stirpes sed per
capita."_ The like Law, _Extat apud_ Ripuarios, _tit._ 58. _Item apud_
Anglos, _tit._ 7. Where they are so far from enacting any thing relating
to the Inheritances of Kingdoms, that they do not so much as affect
_Feudal_ Successions, but only belong to _Allodial_; altho' a Portion
was assigned to Women out of those _Allodial_ Lands. Which Way soever
this Matter may be, 'tis manifest in the first Place, that altho' no
Article, either of the _Frank_ or _Salick_ Law were extant, which debars
Women from the Inheritance of the Crown; yet the Customs and
Institutions of a Nation, preserv'd inviolate by universal Consent,
during so many Ages, obtain the Force of a written Law: For tho'
_Childeric_, the Third King, left two Daughters behind him at his Death,
the Kingdom was given to his Brother _Lotharius_, and his Daughters
excluded. Again, after the Death of _Cherebert_ the 5th King, who left
three Daughters; the Succession devolv'd upon his Brother _Sigebert_.
Also when _Gontrannus_ King of _Burgundy_ and _Orleans_ died, the
Kingdom was conferr'd on his Brother _Sigebert_, not on his Daughter
_Clotilda_. Lastly, _Philip_ of _Valois's_ Advocates might with greater
Caution, as well as Efficacy, have argued for him out of the _Feudal_
Law, by which all Inheritances of _Fiefs_ descend to the Male Issue
only, and not to the Female, who are not admitted to them. And when
there happens a Want of Heirs Males in that Line or Branch wherein the
Fief is lodged, then the _Feudum_ or _Fief_ returns back to the other
Stock or Branch: which was the very Case at that Time. But such Fiefs as
thro' a Depravation of the Law, are convey'd down to Women, cannot
properly be called _Feuda_, but _Feudastra_, as in other of our Writings
we have made it appear.

       *       *       *       *       *



CHAP. IX.

    _Of the Right of Wearing a large Head of Hair peculiar to
    the Royal Family._


It will not be amiss in this Place to give some Account of a Custom of
our Ancestors, relating to the Hair worn by the Royal Family: For 'tis
recorded, that our Forefathers had a particular Law concerning it;
_viz._ That such as were chosen Kings by the People, or were of the
Regal Family, shou'd preserve their Hair, and wear it parted from the
Forehead, on both Sides the Head, and anointed with sweet Oyl, as an
Ornament and peculiar Mark of their being of the Royal Family; whilst
all other Persons, how nobly born soever, had no right to wear a large
Head of Hair; but were obliged to go with their Heads shorn or shaved,
upon the Account (as 'tis probable) that they shou'd be more ready and
expedite in their continual military Exercises, as the _Roman_ Histories
tell us of _Julius Cæsar_, and several others. _Aimoinus_ lib. I cap. 4.
says--"The _Franks_ chusing for themselves a King, according to the
Custom of other Nations, raised, _Pharamond_ to the Throne, to whom
succeeded his Son Clodio crinitus; For at that Time the Kings of the
_Franks_ wore large Heads of Hair. Also lib. 3. cap. 61. _Gundoaldus_
being brought up by his Mother after the regal Manner, wore a long Head
of Hair, according to the Custom of the ancient Kings of the _Franks_."
In like Manner _Agathius_, lib. de Bell. Goth. I. where he speaks of
_Clodoveus_, one of our Kings, who was taken in Battel by the
_Burgundians_, (he calls him _Clodamirus_). "As soon (says he) as his
Horse had thrown him, the _Burgundians_ espying his large Head of Hair,
which fell back over his Shoulders, presently knew him to be the Enemy's
_General_; for 'tis not lawful for the Kings of the _Franks_ to cut off
their Hair, but even from their Childhood they remain untrimm'd, and
always keep a large Head of Hair hanging low down upon their Backs." And
we have many Instances that it was our Ancestors Custom, whenever they
either deprived any one of the Crown, or took away all Hopes of
obtaining the Kingdom, to cut off his Head of Hair. _Aimoinus_ in the
same Place--"He earnestly beholding him, commanded his Hair to be cut
off, denying him to be his Son.--Also--Having caused his Hair to be cut
off a second Time, he put him in Prison at _Cologne_; from whence making
his Escape, he fled to _Narses_, and suffer'd his Hair to grow again,
&c." Which Story _Gregory_ of _Tours_, lib. 6. cap. 24. likewise
records. Also _cap._ 44. where he speaks of King _Theodorick_.--"The
Franks (says he) rose up in Arms against him, and cast him out of the
Kingdom, and cut off his Head of Hair by Force." But there is a very
remarkable, or rather horrible Story related by _Gregory_ of _Tours_,
concerning _Crotilda_, the Queen Mother; who chose rather to have the
Heads of her two Grandsons cut off than their Hair. 'Tis in his 3d Book,
_cap._ 18.--"Our Mother (says the King to his Brother) has kept our
Brother's Sons with her, and intends to advance them to the Throne; we
must concert what Measures ought to be taken in this Affair; whether we
shall order their Hair to be cut off, and to reduce them to the State of
common Subjects; or whether we shall cause them to be put to Death, and
afterwards divide the Kingdom between us: Then they sent _Archadius_
with a Pair of Scissars in one Hand, and a naked Sword in t'other to the
Queen; who approaching her, showed them both to her, and said, Your
Sons, most Glorious Queen, have sent me to know your Pleasure, what
Destiny you are pleased to allot to these two Youths; whether by
suffering their Hair to be cut off, you will have them to live; or
whether you had rather have both their Throats cut. Whereupon She chose
rather to see them both kill'd, than to have their Hair cut off." I
further observe, that it was the Fashion when our Kings went to single
Combat, to have their long Hair tied up in a large Knot a-top of their
Helmets like a Crest; and that was their Cognizance or Mark in all their
Fights. Therefore _Aimoinus_, lib. 4. cap. 18. where he speaks of the
dreadful Combat between King _Dagobert_ and _Bertoaldus_, Duke of the
_Saxons:_ "The King (says he) having his Hair, together with a Part of
his Helmet, cut off with a Blow of a Sword on his Head, sent them by his
Esquire to his Father, desiring him to hasten to his Assistance."

Now when I consider what might be the Reasons of this Institution, I can
find none but this. That since it had been the ancient Custom of the
_Gauls_ and _Franks_ to wear their Hair long (as it was also of the
_Sicambri_, and of most others in those Parts) our Ancestors thought fit
to continue, and in Process of Time to appropriate this Ornament, and
Mark of Distinction to the Regal Family. No Person, tho' but
indifferently learn'd, needs any Proof that the _Gauls_ wore their Hair
long, especially when he calls to mind that of the Poet _Claudian_, ex
lib. in Ruffin. 2.

  _Inde truces flavo comitantur vertice_ Galli
  _Quos_ Rhodanus _velox_, Araris _quos tardior ambit_,
  _Et quos nascentes explorat gurgite_ Rhenus.

Now that the _Franks_ did so too, whom we have shewn to be descended
from the _Chauci_ or _Chaiici_, that single Passage of the Poet _Lucan_
is sufficient to confirm.

  _Et vos_ Crinigeros _bellis arcere_ Chaycos
  _Opposui, petitis_ Roman, &c.

Which being so, we may easily comprehend the Reason why Strangers, who
were ill affected towards our Nation, contumeliously called our Kings,
who wore so great a Head of Hair, _Reges setatos, bristled Kings_; and
not only so, but (tho' Bristles and long Hair be common to Lyons, Horses
and Swine, all which are therefore called _Setosi_, or _Setigeri_) they
stretched the Contumely so far, as to say, they had Hogs Bristles. From
whence arose that filthy Fiction and foul Name, [Greek: trichorachaton]
of which _Georgius Cedrenus_ writes thus in his History, [Greek:
"Helegonto de hoi ek tou genous hekenou katagomenoi kristatoi ho
hermêneuetai trichorachai heichon gar kata tês racheôs autôn trichas
ekphuomenas hôs choiroi"] that is, "They who were of the Kingly Race
were called _Cristati_, which may be interpreted _Bristleback'd_;
because they had all along their Back bones, Bristles growing out like
Swine"--, Which Passage of _Cedrenus_, I believe, is corrupted, and
instead of the Word [Greek: kristatoi], ought to be [Greek: setatoi], or
perhaps both. For as some Persons called them pleasantly _Christati_ by
Reason of their large erected Bunch of Hair upon the Tops of their
Helmets; so their Ill-Willers called them upbraidingly _Setati_, or
_Setigeri_. If _Cedrenus_ had not been so very plain in this Passage,
and the Appellation of _Cristati_ be to be retained, I shou'd rather
have thought they might have been called [Greek: trichocharaktoi], as
being remarkable for their large Heads of Hair.

       *       *       *       *       *



CHAP. X.

    _The Form and Constitution of the_ Francogallican
    _Government_.


These Things being thus briefly premised, we think it proper now to set
forth in what Manner the Kingdom of _Francogallia_ was constituted. And
we have already made it plain, that the _People_ reserv'd to themselves
all the Power not only of _Creating_, but also of _Abdicating_ their
_Kings_. Which Form of Government 'tis manifest our Ancestors had;
before they were brought under by the _Romans_, "So that _the People_
(as _Cæsar_ tells us) _had no less authority and Power over their
Kings, than the Kings had over the People_. Populus non minus in Regem,
quam rex in populum imperii ac Potestatis retinet." Altho' 'tis probable
the _Franks_ did not derive this Constitution of their Commonwealth from
the _Gauls_; but from their Countrymen, the _Germans_; of whom
_Tacitus_, lib. de mor. _Germ._ says,--"Regibus non est infinita aut
libera Potestas. Their _Kings_ have not an _Arbitrary_ or _Unlimited
Power_." Now 'tis manifest, that no Form of Government is more remote
from Tyranny, than this: for not one of the three distinguishing Marks,
or Characteristicks of _Tyranny_, which the old Philosophers make
mention of, can be found in the Form and Constitution of our Government.
First, as to a forced Obedience; _i. e._ that a King shou'd rule over a
People against their Wills; we have shewn you already, that the _Supreme
Power_, both of _Electing_ and _Abdicating_ their _Kings_, was in the
_People_. Secondly, as to a Life-guard composed of Foreigners, (which
they reckon the Second Mark of _Tyranny_); so far were our
_Francogallian_ Kings from making use of Mercenary Strangers for their
Guards, that they had not so much as their own Countrymen and Citizens,
for that Purpose; but placed their whole Trust and Confidence in the
Love and Fidelity of their Subjects; which they thought a sufficient
Guard.

As an Argument of this, we may observe what _Gregory of Tours_ writes,
lib. 7. cap. 18. and _Aimoinus_, lib. 3. cap. 63.--"King _Gontrannus_
being inform'd by an ordinary Fellow at _Paris_, that _Faraulphus_ lay
in Wait for him, presently began to secure his Person by Guards and
Weapons; so that he went no whither (not even to the Holy Places)
without being surrounded with armed Men and Soldiers." We have at
present a very famous History extant of St. _Lewis_, written by that
excellent Person _Joannes Jonvillæus_, who lived very familiarly with
that King for many Years; in which whole History there is not the least
Mention made of Guards or Garisons, but only of Porters or Doorkeepers;
which in his native Tongue, he calls Ushers.

Now as to the third Mark of _Tyranny_, which is when Matters are so
carried, that what is done tends more to the Profit and Will of the
_Person governing_, than to that of the _governed_, or the Good of the
_Commonwealth_; we shall hereafter prove, that the _Supreme_
Administration of the _Francogallican Kingdom was lodged in the Publick
Annual Council of the Nation, which in After-Ages was called the
Convention of the Three Estates_. For the Frame of this Government was
the very same which the _Ancient Philosophers_, and among them _Plato_
and _Aristotle_ (whom _Polybius_ imitates) judged to be the best and
most excellent in the World, as being made up and constituted of a
Mixture and just Temperament of the three Kinds of Government, _viz._
the _Regal, Noble_, and _Popular_. Which Form of a _Commonwealth,
Cicero_ (in his Books _de Republicâ_) prefers to all other whatsoever.
For since a _Kingly_ and a _Popular_ Government do in their Natures
differ widely from each other, it was necessary to add a _third_ and
_middle State_ participating of both, _viz._ that of the _Princes_ or
_Nobility_; who, by Reason of the Splendor and Antiquity of their
Families, approach, in some Degree, to the _Kingly Dignity_; and yet,
being _Subjects_, are upon that Account on the same Foot and Interest
with the _Commons_. Now of the Excellency of this Temperament in a
Commonwealth, we have a most remarkable Commendation in Cicero, taken by
him out of _Plato_'s Books _de Republicâ_; which, because of its
singular Elegancy, we shall here insert at length.

"Ut in fidibus (inquit) ac tibiis, atque cantu ipsò, ac vocibus,
tenendus est quidam concentus ex distinctis sonis, quem immutatum ac
discrepantem aures eruditæ ferre non possunt; isque concentus ex
dissimillimarium vocum moderatione concors tamen efficitur, & congruens;
Sic ex summis, & mediis, & infimis interjectis ordinibus, ut sonis,
moderatâ ratione _civitas_, consensu dissimillimorum concinit, & quæ
_harmonia_ a musicis dicitur in _cantu_, ea est in _Civitate concordia_:
arctissimum atq; optimum in Repub. vinculum incolumitatis, quæ fine
justitiâ nullo pacto esse potest. _i. e._ As in Fiddles and Flutes, and
even in Singing and Voices, a certain Consort of distinct Sounds is to
be observed; which if it be alter'd, or not tunable, skilful Hearers
cannot bear or endure: And this Consort of very different Tones, is,
through as just Proportion of the Notes, rendred Concord, and very
agreeable: Even so a Commonwealth, judiciously proportioned, and
composed of the _first_, the _middlemost_, and the _lowest_ of the
_States_, (just as in the Sounds) through the Consent of People very
unlike to each other, becomes agreeable: And what Musicians in Singing
call _Harmony_, that in a Commonwealth is _Concord_; the very best and
strongest Bond of Safety for a Government, which can never fail of being
accompanied with _Justice_." Our Ancestors therefore following this
Method, of a just Mixture of all the three Kinds, in the constituting
their Commonwealth, most wisely ordained, that every Year on the
_Calends_ of _May_, a Publick _Council_ of the whole Nation should be
held: at which _Council_ the great Affairs of the Republick shou'd be
transacted by the common Consent and Advice of all the _Estates_. The
Wisdom and Advantage of which Institution, appears chiefly in these
three things: First, That in the Multitude of prudent Counsellors, the
Weight and Excellency of Counsel shews it self more apparently, as
_Solomon_ and other Wise Men have said. Secondly, _Because it is an
essential part of liberty, that the same persons, at whose cost and
peril any thing is done, shou'd have it done likewise by their authority
and advice: for_ ('tis a common Saying) _what concerns all, ought to be
approved by all_. Lastly, That such Ministers of State as have great
Power with the Prince, and are in high Employments, may be kept within
the Bounds of their Duty, thro' the Awe they stand in of this _great
Council_, in which all the Demands and Grievances of the Subject are
freely laid open.--"For such Kingdoms as are ruled by the arbitrary Will
and Pleasure of _one Prince_, may most justly (as _Aristotle_ in his
third Book of Politicks observes) be reckon'd Governments of Sheep; and
brute Beasts, without Wit or judgment; not of Freemen, who are endued
with Understanding, and the Light of Reason." The Case is thus--That
even as Sheep are not guided or tended by one of their own Kind, nor
Boys govern'd by one of themselves, but by something of more Excellency;
even so a Multitude of Men ought not to be ruled and govern'd by one
single Person, who perhaps understands and sees less than several others
among them; but by many select Persons, who, in the Opinion of all Men,
are both very prudent and eminent; and who act by united Counsels, and,
as it were, by one Spirit, composed and made up of the Minds of many
Wise Men.

Now whereas it may be objected, that most Kings have a constant _Privy
Council_ to advise them in the Administration of publick Affairs: We
answer, That there is a great deal of Difference between a Counsellor of
the _King_, and a Counsellor of the _Kingdom_. This last takes care of
the Safety and Profit of the whole Commonwealth; the other serves the
Humour and studies the Conveniences of one Man only; and besides, these
King's Counsellors reside, for the most part, in one certain Place; or
at least near the Person of the Prince, where they cannot be supposed to
be throughly acquainted with the Condition of the more remote Cities or
Provinces; and being debauched by the Luxury of a Court life, are easily
depraved, and acquire a lawless Appetite of Domineering; are wholly
intent upon their own ambitious and covetous Designs; so that at last
they are no longer to be consider'd as Counsellors for the Good of the
Kingdom and Commonwealth, but Flatterers of a single Person, and Slaves
to their own and Prince's Lusts.

Concerning this Matter, we have a most excellent Saying of the Emperor
_Aurelian_, recorded by _Flavius Vopiscus_.--"My Father used to tell me
(says _Aurelian_) that the Emperor _Dioclesian_, whilst he was yet a
private Man, frequently said, That nothing in the World was more
difficult than to govern well. For, four or five Persons combine
together, and unanimously agree to deceive the Emperor they determine
what shall be approved or disapprov'd. The Emperor, who, for the most
part, is shut up in his Palace, knows nothing of the Truth of Affairs;
he is compell'd to hear and see only with their Ears and Eyes; he makes
judges, such Persons as do not deserve to be made so; he removes from
Offices in the Commonwealth such as he ought to keep in; in short, a
good, provident and excellent Emperor is sold by such Counsellors."--Now
our Ancestors, in the constituting their Commonwealth, wisely avoiding
these Mischiefs (as Mariners wou'd do dangerous Rocks) decreed that the
_Publick_ Affairs shou'd be managed by the joynt Advice and Counsel of
_all_ the _Estates_ of the _Kingdom_. To which Purpose the _King_, the
_Nobles_, and the _Representatives_ of the _Commons_ out of the several
Provinces, were obliged to meet at a certain Time every Year. And this
very same Institution we find to have been that of many other Nations.
First in our Ancient _Gallia_, where the Administration of Publick
Affairs was intrusted with the _Common Councel of the chosen Men in the
whole Nation_ as we have above demonstrated. But because we are now
speaking of a Kingdom, I shall give Instances of them. 'Tis man felt,
that in old Times the Council of the _Amphictions_ was instituted in
_Greece_ (as _Suidai_ and others testify) by King _Amphyction_, Son of
_Deucalion_; and therein it was ordained, that at a certain appointed
Time every Year, _Representatives_ chosen out of the Twelve
Commonwealths of _Greece_ shou'd meet at _Thermopylæ_, and deliberate
concerning all the weighty Affairs of the Kingdom and Commonwealth: For
which Reason, _Cicero_ calls this the _Common Council of Græcia_,
_Pliny_ calls it the _Publick Council_.

We find the like Wisdom in the Constitution of the _German Empire_,
wherein the _Emperor_ represents the _Monarchical_ State, the _Princes_
represent the _Aristocratical_, and the _Deputies of the Cities_ the
_Democratical_; neither can any Matter of Moment appertaining to the
whole _German Republick_ be firm and ratified, but what is first agreed
upon in that _great Convention of the Three Estates_. To this End was
framed that ancient and famous Law of the _Lacedemonians_, which joyned
the _Ephori_ to their _Kings_; "Who, as Plato writes, were designed to
be like Bridles to the Kings, and the Kings were obliged to govern the
Commonwealth by their Advice and Authority." _Pliny_, lib. 6. cap. 22.
makes mention of the like Practice in the Island of _Taprobana_, where
the King had thirty Advisers appointed by the People; by whose Counsel
he was to be guided in the Government of the Commonwealth; "For fear
(says he) lest the King if he had an unlimited Power should esteem his
Subjects no otherwise than as his _Slaves_ or his _Cattel_."

Furthermore, we find the very same Form of Administration of the Kingdom
of England, in _Polydore Virgil_'s History of _England_, lib. 11. where
he has this Passage in the Life of _Henry_ the First.--"Before this Time
the Kings used to summon a publick Convention of the People in order to
consult with them, but seldom: So that we may in some Manner say, that
the Institution derived its Original from _Henry_: which took such deep
Root, that it has always continued ever since, and still does so; _viz._
That whatever related to the Well governing or Conservation of the
_Commonwealth_, ought to be debated and determin'd by the _great
Council_. And that if either the _King_ or the _People_ shou'd act any
thing _alone_, it shou'd be esteemed _invalid_, and as _nothing_, unless
it were first approved and established by the _Authority of that
Council_. And for fear this _Council_ shou'd be cumbred with the
Opinions of an _unskilful Multitude_, (whose Custom it is to distinguish
nothing justly) it was at first establish'd by a certain Law, what
_Sort_ of Persons, and what _Numbers_ either of the _Priests_ or of the
_People_ shou'd be called to this _Council_, which, after a _French_
Name, they commonly call _A Parliament_; which every King at the
Beginning of his Reign uses to hold, and as often afterward as he
pleases, or as _Occasion_ requires." Thus far _Polydore Virgil_.

But among all the Laws and Customs of this Kind, there is none so
remarkable as that of the _Spaniards_; who, when they _elect_ a King in
the _Common-Council_ of _Arragon_, (in order to keep up a perpetual
Remembrance of their Privileges) represent a Kind of Play, and introduce
a certain _Personage_, whom they call by the Name of _The Law of
Arragon_, [Footnote: _La justitia di Arragon._] whom (by a publick Decree)
they declare to be greater and more Powerful than their King; and
afterwards they harangue the King (who is elected upon certain Terms and
Conditions) in Words which (because of the remarkable Virtue and
Fortitude of that Nation in repressing the _unbridled Will_ of their
Prince,) we will here set down at length.--"Nos que valemos tanto come
vos, ii podemos mas que vos; vos elegimos Reii con estas ii estas
Conditiones; intra vos ii nos un que manda mas que vos: That is, We, who
are of as great Value as you, and can do more than you, do elect you to
be our King, upon such and such Conditions: Between you and us there is
_one_ of _greater Authority_ than you."

Seeing then that the Case is so, and that _this has always been a
constant and universal Law of all Nations, that are governed by a
Kingly, and not by a Tyrannical Power_: 'Tis very plain, that this most
valuable Liberty of holding a _Common-Council_ of the Nation, is not
only a Part of the _People's Right_; but that all Kings, who by Evil
Arts do oppress or take away this _Sacred Right_, ought to be esteemed
_Violators of the Laws of Nations_; and being no better than _Enemies of
Human Society_, must be consider'd not as _Kings_, but as _Tyrants_.

But to return to the Matter in Hand. Our Commonwealth being constituted
by the Laws of our Ancestors, upon the Bottom above-mention'd, and
participating of all the three Kinds of Government; it was ordain'd,
that once every Year (and as much oftner as important Occasions should
make it necessary) a _Solemn General Council_ shou'd be held: Which for
that Reason, was called a _Parliament_ of the _Three Estates_. By that
Word was meant a Convention or Meeting of Men out of several Parts of
the Country to one Place, there to confer and deliberate concerning the
Publick Welfare: And therefore all Conferences (tho' between Enemies) in
order to a Peace or Truce are always in our Chronicles called by the
Name of _Parliaments_. Now of this Council, the _King_ sitting in his
Golden Tribunnal, was _chief_; next to him were the _Princes_ and
_Magistrates_ of the Kingdom; in the third Place were the
_Representatives_ of the several Towns and Provinces, commonly called
the _Deputies_: For as soon as the Day prefix'd for this Assembly was
come, the _King_ was conducted to the Parliament House with a Sort of
Pomp and Ceremony, more _adapted to popular Moderation_, than to _Regal
Magnificence_: which I shall not scruple to give a just account of out
of our own Publick Records; it being a Sort of _Piety_ to be pleas'd
with the Wisdom of our Ancestors; tho' in these most profligate Times, I
doubt not but it wou'd appear ridiculous to our flattering Courtiers.
The King then was seated in a _Waggon_, and drawn by _Oxen_, which a
_Waggoner_ drove with his _Goad_ to the Place of Assembly: But as soon
as he was arrived at the Court, or rather indeed the Venerable _Palace
of the Republick_, the Nobles conducted the King to the Golden Throne;
and the rest took their Places (as we said before) according to their
Degrees. This _State_, and in this _Place_, was what was called _Regia
Majestas, Royal Majesty_. Of which we may even at this Day observe a
signal Remain in the King's Broad Seal, commonly called the _Chancery_
Seal. Wherein the King is not represented in a _military Posture_ a
Horse-back, or in a _Triumphant Manner_ drawn in his Chariot by Horses,
but sitting in his Throne _Robe'd_ and _Crown'd_, holding in his Right
Hand the Royal Sceptre, in his Left the Sceptre of Justice, and
presiding in his _Solemn Council_. And indeed, in that Place only it can
be said that _Royal Majesty_ does truly and properly reside, where the
great Affairs of the Commonwealth are transacted; and not as the
unskilful Vulgar use to profane the Word; and whether the King plays or
dances, or prattles with his Women, always to stile him YOUR MAJESTY.

Of all these Matters, we shall give only a few Proofs, out of many which
we could produce. First, out of _Eginarthus_, who was _Chancellor_ to
_Charles the Great_, and wrote his Life. These are his Words: "Wherever
he went (speaking of _Charlemagn_) _about the publick Affairs_: he was
drawn in a Waggon by a Pair of Oxen, which an ordinary Waggoner drove
after his rustical Manner. Thus he went to the Courts of Justice, thus
to the Place of the Publick Convention of his People, which every Year
was celebrated for the Good of the Realm; and thus he used to return
Home again."

_Joannes Nauclerus_ gives us an Account of the very same Thing, in
almost the same Words, in _Chron. Generat. 26_. So does the _Author_ of
the _Great Chronicle_, in the Beginning of his Life of _Charlemagn_,
Fol. 77. Neither ought this to seem so great a Wonder to any, who
considers it was the Fashion in those Days for our Kings and Queens, and
the Royal Family, to be drawn by _Oxen_; of which we have one Instance
in _Greg. Turon. lib. 3. cap. 26. "Deuteria_, (says he) Wife of King
_Childebert_, seeing her Daughter by a former Husband grown to Woman's
Estate, and fearing lest the King (being in Love with her) should lye
with her, caused her to be put into a Sort of Litter with untamed Oxen,
and thrown Headlong off a Bridge." _Aimoinus, lib. 4. cap. 30._ makes
mention of the Golden Throne, where he speaks of King _Dagobert_: "He
proclaimed, says he, _Generale PLACITUM in loco nuncupato
Bigargio_, a _Great Council_ in a Place named _Bigargium_: To which all
the Great Men of _France_ assembling with great Diligence on the Kalends
of _May_, the King thus began his Speech to them, sitting on his _Golden
Throne_." Also in his 41st Chapter, speaking of King
_Clodoveus_--Sitting in the midst of them, on his _Golden Throne_, he
spoke in this Manner, &c. _Sigebertus in Chron. Anni 662._--"'Tis the
Ancient Custom (says he) of the Kings of the _Franks_, every _Kalends of
May_, to preside in a Convention of all the People, to salute and be
saluted, to receive Homage, and give and take Presents." _Georgius
Cedrenus_ expresses this in almost the same Words: [Greek: katta de ton
Maion mêna prokaithesesai epi pantos tou ethnous kai proskunin autois kai
antiproskunisthai hup autô dôrophoreisthai te katta sunêpheian kai
antididonai autois]

Now, concerning the _Authority_ of the _People_, who were thus gather'd
together at the _Great Council_, we have many Testimonies, _Aimoinus,
lib. 4. cap. 41._ speaking of _Clodoveus_ the Second; "Altho' (says that
King in his Speech) the Care of our Earthly Principality _obliges_ us to
call you together _Francigenæ cives_, and to consult you in Affairs
relating to the Publick, &c."--Also in his 74th Chapter of the same
Book--"In the Beginning of the Year he went into _Saxony_, and there he
held a _General Convention every Year_, as he used to do every Year in
_France_ also."--Again, _lib._ 4. _cap._ 13. where he speaks of _Charles_
the Great--"When the Hunting near _Aix la Chapelle_ was ended, as soon
as he return'd, he held a _General Convention_ of his People, according
to usual Custom, &c. _Cap._ 116. The Emperor having held Two
_Conventions_, one at _Nimeguen_, the other at _Compiegn_, wherein he
receiv'd the Annual Presents, &c. Again, _Cap._ 117. In the Month of
_August_ he came to _Wormes_, and holding there the General Convention
according to constant Practice, he received the Yearly Gifts which were
offer'd him, and gave Audience to several Ambassadors, &c. Again, _Lib.
5. cap. 31._ The General _Placitum_ was held on the Ides of _June_, in
the Town _Dusiacum_."

And this may suffice touching this solemn _General Council_, which both
_French_ and _German_ Historians, thro' a deprav'd Custom of the _Latin_
Tongue, called by different Names; sometimes _Curia_, sometimes
_Conventus Generalis_, but for the most Part _Placitum. Gregorius, lib.
7 cap. 14_ says thus:--"Therefore when the Time of the _Placitum_
approached, they were directed by King _Childebert, &c. Aimoinus, lib.
4. cap. 109._ In the middle of the Month he held the General Convention
at _Thionville_, where there was a very great Appearance of the People
of the _Franks_; and in this _Placitum_, the singular Compassion of the
most Pious Emperor eminently show'd it self, &c."

Now it was the Custom in that _Council_ to send Presents from all Parts
to the King; as may appear from many Places which might be quoted,
wherein that _Council_ is called _Conventus Generalis. Aimoinus, lib. 4.
cap. 64._ speaking of King _Pipin_--"He compell'd them (says he) to
promise they would obey all his Commands, and to send him every Year at
the Time of the _General Convention_, Three Hundred Horses, as a Gift
and Token of Respect. _Item, cap. 85._ Not forgetting the Perfidy of the
_Saxons_, he held the _General Convention_ beyond the _Rhine_, in the
Town of _Kufftein_, according to the usual Custom."

This _Council_ was sometimes called by another Name, _Curia_, the
_Court_; from whence proceeded the common Saying, when People went to
the _King's Hall_ or _Palace, we are going to Court_; because they
seldom approach'd the King, but upon great Occasions, and when a
_Council_ was call'd. _Aimoinus, lib. 5. cap. 50. "Charles_, (says he)
the Son of the _Danish King_, sued (or prosecuted) several Noblemen of
_Flanders_ very conveniently at this _Curia_, or _Court_. _Item, cap.
sequenti_; _Henry_ King of the _Romans_ being dead, at that Great and
General _Court, Curia_, held at _Mentz. &c._ Also _Otto Frising._ _Lib.
Frideric._ I. _cap._ 40. After these Things, the Prince enter'd
_Bavaria_, and there celebrated a General _Curia, Court_, in the Month
of _February_. _Item, cap._ 43. _Conrade_ King of the _Romans_, calling
the Princes together at _Francfort_, a City of _East France_, celebrated
there a _General Court_."

       *       *       *       *       *



CHAP. XI.

    _Of the_ Sacred Authority _of the_ Publick Council; _and
    what Affairs were wont to be transacted therein_.


We think it necessary in this Place to consider what Kind of Affairs
were wont to be transacted in this general _Annual Council_, and to
admire the great _Wisdom_ of our Ancestors in _constituting our
Republick_. We have (in short) observed that they are these that follow.
First, the _Creating or abdicating of their Kings_. Next, the _declaring
of Peace or War_. The _making of all Publick Laws_: The _Conferring_ of
all _great Honours, Commands_, or _Offices_ belonging to the
_Commonwealth_: The _assigning_ of any _part_ of the _deceased King's
Patrimony_ to his Children, or giving _Portions_ to his _Daughters_,
which they usually called by a _German_ Name _Abannagium_; that is,
_pars exclusoria_, a Part set out for younger Children. Lastly, all such
Matters as in Popular Speech are commonly called _Affairs of State_:
Because it was not lawful to determine or debate of any Thing relating
to the _Commonwealth_, but in the _General Council_ of the _States_.

We have already produced sufficient Proofs of the _Electing_ and
_Abdicating_ their _Kings_, as well from the last _Will_ and _Testament_
of _Charles_ the _Great_, as from several other Authors: To which we
will add this one Passage more out of _Aimoinus_, lib. 5. cap. 17. where
speaking of _Charles_ the _Bald_, he says thus,--"Having summon'd a
_General Council_ at [Footnote: _Crecy._] _Carisiacum_, he there first gave
his Son _Charles arma virilia_; that is, he girt him with a Sword, or
knighted him, and putting a Regal Crown upon his Head, assign'd
_Neustria_ to him, as he did _Aquitain_ to _Pippin_."

Now concerning the _Administration_ of the _Kingdom_, _Aimoinus_ gives
us this remarkable Instance, _lib._ 5. _cap._ 35. speaking of _Charles_
the _Bald_. "_Charles_ (says he) being about taking a Journey to _Rome_,
held a general _Placitum_ on the Kalends of _June_ at _Compeign_; and
therein was ordained under particular Heads, after what Manner his Son
_Lewis_ should govern the Kingdom of _France_, in _Conjunction_ with his
_Nobles_, and the rest of the _Faithful People_ of the _Realm_, till
such time as he returned from _Rome_."

Also in the same Book, _cap._ 42. speaking of _Charles_ the _Simple_:
"Whose Youth (says he) the principal Men of _France_ judging (as it was
indeed) very unfit for the exercise of the Government of the Realm, they
held a _General Council_ touching these weighty Affairs; and the great
Men of the _Franks_, _Burgundians_, and _Aquitanians_ being assembled,
elected _Odo_ to be _Charles'_s _Tutor_ and _Governor_ of the Kingdom."

Now concerning _the Power_ of _making Laws_ and _Ordinances_, that
single Passage in _Gaguinus'_s Life of St. _Lewis_ is a sufficient
Proof. "As soon (says he) as King _Lewis_ arrived at _Paris_, he called
a _General Convention_, and _therein_ reformed the Commonwealth; making
excellent Statutes relating to the Judges, and against the Venality of
Offices, &c."

Concerning the _conferring_ the _great Honours and Employments_ upon
_Persons of approved Worth, Aimoinus lib. 5. cap. 36._ gives us this
Instance; speaking of _Charles_ the _Bald_, he tells us, "That whereas
he began (before his Inauguration) to distribute the Governments and
great Offices of the Realm according to his own liking; the _Great Men
summoned a General Council_, and sent Ambassadors to the King; neither
would they admit him to be crowned till he had made use of their Advice
and Authority in disposing of those great Employments. The Nobles (says
he) being very much displeas'd, because the King _conferr'd Honours
without their Consent_; for that Reason, agreed together against him,
and summoned a _general Convention_ in the Town of _Witmar_, from whence
they sent Ambassadors to _Lewis_, as _Lewis_ likewise sent his
Ambassadors to them, &c."

Also the Appendix to _Gregory_ of _Tours, lib. 11. cap. 54._ "That same
Year (says he) King _Clotharius, cum Proceribus & Leudibus_, i. e. with
the Nobility and free Subjects of _Burgundy_, met at _Troyes_, and when
he earnestly solicited them to advance another Person to the same Place
and Degree of Honour which _Warnhar_ (lately deceased) had enjoy'd, they
unanimously refused to do it; and said, they would by no Means have any
_Mayor of the Palace_, earnestly desiring the King to excuse them:" And
thus they gained their Point with the King.

To this Head may be referr'd all _the Contentions_ of such _Princes_, as
were foreseen might be _dangerous to the Commonwealth_. These were
debated in the _General Council_. For _Aimoinus_, lib. 4 cap. I. where
he speaks of _Clotharius_, Son of _Chilperic_, from whom Queen
_Brunechild_ demanded the Kingdom of _Austratia_, says
thus:--"_Clotharius_ made answer, that she ought to call a _Convention_
of the _Nobles_ of the _Franks_, and there debate (by common Consent) an
Affair relating to the Community. That as for him, he would submit to
their judgment in all Things, and would not obstruct in any Measure
whatever they should command." The same Thing is recorded in the
_Appendix_ to _Gregory_ of _Tours_, lib. II. "_Clotharius_ (says he) made
Answer to her, that he would refer the Difference between them, to the
Determination of the _Select Franks_, and promis'd to fulfil whatsoever
they should ordain." Also _Aimoinus_ lib. 5. cap. 12. where he speaks of
King _Lewis_ the _Pious_, who was grievously tormented with the
Contentions of his Sons, says thus,--"When Autumn approached, they whose
Sentiments differ'd from the Emperor's, were for having the _General
Convention_ held in some Town of _France_.--_Item_ cap. 13. He appointed
the _General Convention_ of his People to be held at _Thionville_. And
after a little Time, summon'd his People to meet on the Feast of St.
_Martin_, and used all his Endeavours to recal his Son _Pipin_ who had
absented himself; but he refused to come, &c." _Gaguinus_ making Mention
of this Same Passage, says; "When the Conspirators found out they should
not be able to dethrone the King, without the Consent of the _Nobility
in Convention_, they labour'd by all Means to have the _Great Council_
held within the Limits of _France_. But _Lewis_ knowing for certain that
those _Franks_ were gained by his Enemies against him, refused it, and
summon'd the Convention to meet at _Mentz_, and ordered that none should
be admitted _Armed_ to the Council. But his Sons, (who had conspired
against their Father) lest they should want the _Authority_ of a
_Publick Convention_, assembled a Council at _Compiegne_, consisting of
the Bishops and Nobility of the Kingdom. And _Lotharius_ taking his
Father out of Custody, brought him to _Compiegne_."

Again, _Aimoinus_, lib. 5. cap. 38. where he speaks of Lewis _the
Stammerer_, who held a _Council_ at _Marsua_, wherein he treated a Peace
with his Cousin, says: "In that _Placitum_, or _Parliament_, these
Articles which follow were agreed upon between them, _by and with the
Consent of the faithful Subjects of the Realm_."

To proceed, We find further, that it was the Custom (when any _Prince_,
or _Person_ of _Extraordinary Quality_, was _accused of any Crime_) to
summon him to appear before the _Great Council_, and there he was to
stand his _Trial_. Thus in the Reign of King _Clotharius_, when _Queen
Brunechild_ stood accused, and was found guilty of many capital Crimes,
the King made a Speech to the Estates of the _Great Council of
Francogallia_, in these Words; which are recorded by _Aimoinus_, lib. 4.
cap 1. "It belongs to you, my most dear Fellow-Soldiers, and high
Nobility of _France_, to appoint what Kind of Punishment ought to be
inflicted on a Person guilty of such enormous Crimes, &c." And _Ado Ætat
6. sub Anno_ 583. tells us, "The _Franks_ passing Sentence
upon her in the King's Presence, condemn'd her to be torn in Pieces by
wild Horses."

Now concerning the _dividing_ of the _Royal Patrimon_, and the
_Appanages_, we have the same Person's Testimony, _lib. 5. cap. 94._
where speaking of _Charlemagn_, he has these Words--"These Matters being
ended, the King held a _Convention_ of the _Nobility and Gentry_ of the
_Franks_, for the making and maintaining a firm Peace among his Sons,
and dividing the Kingdom into Three Parts, that every one of them might
know what Part of it he ought to defend and govern, in Case they
survived him."--Also in that Place where he speaks of the Partition made
among the Children of _Lewis_, lib. 5. cap. 40. he says thus.--"They went
to _Amiens_, and there they divided their Father's Kingdom among them,
_according to the Advice and Direction of their faithful Subjects_."
Further, _cap._ 41. where he writes of _Carloman_, who held his _Great
Council_ then at _Worms_.----"To this _Placitum_ (says he) came _Hugo_,
and preferred his Petition for that Part of the Kingdom, which his
Brother _Lewis (in Locarium acceperat)_ had rented of him, or received
in Pawn."

We may further observe, from very many Instances, that whenever the King
had any expensive Design in Hand, such as the Building of Churches or
Monasteries, he took first the Advice of the _Council_ of the
_Estates_. For _Aimoinus_, lib. 4. cap. 41. where he speaks of
_Clodoveus_ the Second, tells us, that sitting on his Throne, he began
his Oration to the _General Council_ in these Words.--"_Quamquam
Franciginæ cives, &c._ Altho' (says he) the Care I ought to take of my
Kingdom, obliges me to take your Advice in all Matters relating to the
Publick, &c."

And thus much may suffice on this Point. From all which we think it
appears plainly, that the whole Power of the Administration of the
Kingdom was lodg'd in the _Publick Council_, which they called
_Placitum_; because according to the Idiom of the _Latin_ Tongue, _that_
is properly termed _Placitum_, which after having been proposed and
debated in a Council of many Persons, is at last agreed to, and resolved
upon by them. And therefore _Cicero_, with others of the Ancients, were
wont to call such-like Determinations, _Placita Philosophorum_.

Since therefore the Matter is so, I hope the Opinion which we have
formerly given in some of our other Books, will not be esteemed absurd;
_viz._ That the common Form used by the King's Secretary in the last
Clause of our Ordinances and Edits, _Quia tale est PLACITUM nostrum_,
arises from hence: For anciently those Laws were written in the _Latin
Tongue_, (as is sufficiently proved by _Aimoinus_, the _Capitulary of
Charles the Great_, and many other Records); but afterwards when the
King's Secretaries or Clerks began to make Use of the Vulgar Tongue,
thro' Ignorance, or rather Malice, they translated it thus,--_Car tel
est nostre Plaisir: For such is our Will and Pleasure_.

Now as to the _Power_ of the _People_, we have this farther Argument
extant in the same Capitulary of _Charles the Great_.--"Let the _People_
(says it) be consulted touching all the Heads of the new Laws, which are
to be added to the former; and after they have _all given their
Consents_, let them set their Hands and Seals to every Article."

From which Words, 'tis apparent that the People of _France_ were wont to
be bound by such Laws _only_, as they had publickly agreed to in their
_Parliaments_. Also _in fine Leg. Aleman._ we find this Passage.--"This
is decreed by the _King_ and his _Nobles_, and all the Christian
_People_ which compose the Kingdom of the _Merovingians_." Also
_Aimoinus_, lib. 5 cap. 38.--"In this _Placitum_ the Laws which follow
were agreed upon, to be observed between them, by the _Consent_ of the
faithful _Subjects_.--An Agreement made between the Glorious Kings, &c.
by the _Advice_ and _Consent_ of their faithful Commons, &c."

Lastly, we cannot omit observing, that so great was the _Reputation_ and
_Authority_ of this _General Council_, even among _Strangers_, that
_foreign Princes_ submitted to have their Controversies and Differences
decided by it. The _Appendix_ to _Greg. Turon._ lib. 11. cap. 37. _Anno_
12. of _Theodorick_'s Reign, has this Passage in it.--"When
_Alsaciones_, [perhaps _Alsatia_] in which Country he had been brought
up, and which was left him by his Father _Childebert_, fell nevertheless
to _Theodebert_, according to the Custom in Use among the _Barbarians_;
the two Kings agreed that their Difference should be decided by the
judgment of the _Franks_, (in _Salocissa castro_) in their Camp near the
River _Sala_."

       *       *       *       *       *



CHAP. XII.

    _Of the Kingly Officers, commonly call'd_ Mayors of the
    Palace.


Before we treat farther of the _uninterrupted Authority_ of the _Publick
Council_, we think it not improper to say somewhat of those Regal great
Officers, which, during the _Merovingian_ Race were called (_Majores
domus_) Masters, or _Mayors of the Palace_. These having for some Time
encroach'd upon the Kingly Power, finding at last a fit Opportunity,
seiz'd upon it entirely as their own. Their Dignity near the Persons of
our Kings seems to have been much the same with that of _Præfecti
Pretorio_, or Generals of the Guards in the Time of the _Roman_
Emperors, who were sometimes also titled _Aulæ Præfecti_. They were
usually appointed in and by the same _Convention_ which chose the
_Kings_, and were wont to be Chiefs or Heads of the _Publick Council_.
And upon this Account we frequently meet with such-like Expressions as
these among our Historians.--"They elected such and such a Man to the
Dignity of _Mayor of the Palace_. _Herchinold, Mayor of the Palace_,
being dead, the _Franks_ conferr'd that Dignity upon _Ebroinus_, and
appointed him to be _Mayor_ in the King's Court." Also--"They chose
_Hilderick_ for their _King_, and _Wolfold_ for _Mayor of the Palace_."
Which Quotations of ours might indeed have been made as properly in out
foregoing Chapter, where we proved that the greater Employments were not
usually given by the _Kings_, but appointed by the Yearly _General_
Council, and conferred upon Men of the greatest Fidelity and Probity.

But in this Magistracy, the same Thing hapned, which _Plutarch_ tells us
(in his Life of _Lysander_) came to pass when _Agesilaus_ was appointed
by the _Lacedemonians_ to be _General_ of their Army, and _Lysander_ to
be Legate or Lieutenant-General: "Even as in Stage-Plays, (says he) the
Actors who represent a Servant or Messenger, have better Parts, and are
more regarded than him that wears the Crown and Scepter, who scarce
speaks a Word in the whole Play: So the chief Authority and Command was
lodg'd in _Lysander_, whilst with the _King_ remained only a naked and
empty Title."--Just so it fell out in our _Francogallia_; Fair
Opportunities of increasing the Power of these _Mayors_ of the Palace,
being offer'd by the Sloth and Negligence of our _Kings_; among whom we
may reckon _Dagobert, Clodoveus, Clotharius, Childericus, Theodoricus_,
&c. For the Author of the History of the _Franks_, often cited by
_Venericus Vercellensis_, tho' without naming him, writes, That during
the Reign of _Clotharius_, Father of _Dagobert_, the Kingdom of the
_Franks_ began to be administred and govern'd by some which were called
_Provisores Regiæ_, or _Majores Domus_. The same says _Godf. Viterb.
parte Chron._ 16. Whereupon, whilst those _Mayors_ of the _Palace_
executed all the important Affairs of the Commonwealth, and commanded
all the Armies in Time of War; and the Kings (spending their Days in
Sloth and Idleness) tarried at Home, content with the bare Title of a
King; Matters at last were brought to such a Pass, that during the Reign
of _Childerick_ the 18th _King_, Pipin, _Mayor of the Palace_, (who in
the King's Name had waged great and long Wars, and had overcome and
reduced the _Saxons_ to Terms of Submission) finding a fit Occasion to
assume the Regal Title which was offer'd him, did not let it slip:
Especially seeing himself at the Head of a great and victorious Army,
that espoused his Interests. Of which we have the Testimony of many
Authors. First, _Otto Frisingius_, Chron. 5. cap. 12. and his
Transcriber _Godf. Viterb._ Part. 16. who write thus.--"The Kings of
_France_, before the Time of _Pipin the Great_, (formerly _Mayor of the
Palace_) were in a Manner but titular Princes, having very little to do
with the Government of the Realm." _Sigebertus_ says almost the same
Thing _sub Anno_ 662.--"From this Time, (says he) the Kings of the
_Franks_ degenerating from their ancient Wisdom and Fortitude, enjoy'd
little more than the bare Name of King. They did indeed bear the Title
according to Custom, _as being of the ancient Regal Race_; but neither
acted nor disposed of any Thing: The whole Administration and Power of
the Kingdom, was lodg'd in the Hands of the _Mayor of the Palace_."

Yet in Reading such-like Authorities, we ought to take this Observation
along with us. That since _Pipin_ and his Sons laboured (as 'tis
probable they did) under a great Load of Envy, for having violently
wrested the Royal Dignity from King _Childerick_, they made it their
Business to find out and employ _plausible ingenious Historians_, who
magnified the Cowardliness of _Childerick_ and his Predecessors,
upbraiding them with Sloth and Idleness, beyond what they deserv'd. And
among such as these, we may reckon _Eguinarthus_, Chancellor to
_Charles_ the _Great_, and one that did him special Service of this
Nature; who in the Beginning of his Book writes thus.--"The Family of
the _Merovingians_, out of which the _Franks_ used to _Elect_ their
Kings, is supposed to have lasted as long as to _Hilderic_; who by the
Appointment of Pope _Stephen_, was deposed, shaven, and thrust into a
Monastery. Now tho' it may be said to have ended in him, yet in Truth,
for a long Time before, it ceased to have any Value or Excellency,
bearing the bare empty Title of King. For both the Riches and Power of
the Kingdom, were at the Disposition of the _Prefects of the Palace_,
commonly called _Majores Domus_; with whom was also lodg'd the Authority
of the Empire: Neither was there any Thing left remaining to the King,
but only that contenting himself with the Title, he should sit on a
Throne, wearing his Hair and Beard very long, and representing the
Person of a Ruler; sometimes giving the first and last Audience to
Ambassadors from Foreign Parts, and returning such Answers as were made
for him, as if they proceeded immediately from himself. But besides the
unprofitable Name of a King, and a precarious Allowance for his private
Expences, (which the Mayor of the Palace was pleased out of Bounty to
give him) he had nothing that he could call his own, except one Village
of very small Revenue, where he had a little House, and a few Servants,
barely sufficient for his necessary Occasions, &c."

_Sigebertus, sub Anno 662._ taking _Eguinarthus_ for his Pattern,
inveighs against the former Kings in almost the same contumelious Terms.
"Whose Custom (says he) it was, indeed, to make an Appearance like a
Prince, according to what had been usual to their Family; but neither to
act, nor dispose of any thing, only to tarry at Home, and to Eat and
Drink like Irrational Creatures."--As if the like Sloth and Cowardise
ought to be imputed to all the former Kings, among whom we nevertheless
find many brave Men, such as _Clodoveus_, who not only defeated a great
Army of _Germans_, which had made an Irruption into _France_, in a great
Battel near _Tolbiacum_; but also drove the Remainder of the _Romans_
out of the Confines of _Gallia_. What shall we say of _Childebert_ and
_Clotharius_, who rooted the _Visigoths_ and _Ostrogoths_ out of
_Provence_ and _Aquitain_, where they had seated themselves? In the
Histories of all which Princes, there is no Mention made of any _Mayor
of the Palace_, but cursorily, and by the By, as one of the _King's
Servants_. This we may see in _Gregorius_, lib 5. cap. 18, where he
speaks of _Gucilius_, _Lib. 6. cap. 9._ and _cap. 45. Lib. 7. cap.
49._ And we find this Employment to have been not only in the _King's_
Palace, but also in the _Queen's_: For the same _Gregorius_, lib. 7.
cap. 27. mentions one _Waddo_ as _Mayor_ of the _Palace_, in the Court
of _Queen Riguntha_: And in very many other Places of their Histories,
we find both _Gregorius_ and _Aimoinus_ making Mention of these _Masters
of the Court_ and _the King's House_.

Now the first Beginning of the great Authority of these _Præfecti
Regii_, was (as we told you before) during the Reign of King
_Clotharius_ the Second, about the Year of our Lord 588. that is, about
130 Years after the constituting the _Francogallican Kingdom_; which we
may also learn from the before-mention'd Historian, so often quoted by
_Venericus_.

Yet there are two other Historians, (tho' not of equal Credit)
_Sigibertus_ and _Trithemius_, who refer the Beginning of so great a
Power in the _Mayor of the Palace_, to the Reign of _Clotair_ the Third;
whose _Magister Palatii_ was one _Ebroinus_, a Man of extraordinary
Wickedness and Cruelty: But however this may be, we find Historians
calling them by several other Appellations; such as _Comites Domus
Regie, Præfecti Aulæ, Comites Palatii, &c._

       *       *       *       *       *



CHAP. XIII.

    _Whether_ Pipin _was created King by the_ Pope, _or by the
    Authority of the_ Francogallican Council.


Having in the former Chapter given an Account, that after the Expulsion
of _Childerick_, (a stupid Prince, in whom the Line of the Merovingians
ended) _Pipin_, from being _Mayor of the Palace_, was created _King_; It
will be worth our Enquiry, to know by whose Authority the Kingdom was
conferr'd upon him. For _Pope Gelasius_ says thus, _Cap. 75. Quest. 6._
--"_A Roman Pope_, viz. _Zacharias_, deposed the King of the _Franks_,
not so much because of his evil Actions, as because he was stupid, and
unfit for the Exercise of so great a Trust; and in his Stead,
substituted _Pipin_, Father of _Charles_ the Emperor: Absolving all the
_Franks_ from the Oath of Allegiance to _Childeric_."

And there is scarce an Author who does not acquiesce in this Testimony
of one _Pope_, concerning the Power of another: Thus _Ado, Lambertus,
Rhegino, Sigibertus, Aimoinus, Landulphus_, nay, even _Venericus
Vercellensis_, (in the Book which we formerly quoted) cites these Words
out of the Epistle of _Pope Gregory_ the VIIth. to _Herman_ Bishop or
_Metz_; viz. "A certain _Pope of Rome deposed_ the _King_ of the
_Franks_ from his Kingdom, nor so much for his Wickedness, as his being
unfit for so great a Power; and after having absolved all the _Franks_
from the Oath of Fidelity they had sworn to him, placed _Pipin_ in his
Room.--Which _Otto Frisingius_, lib. Chron. 5. cap. 23. and _Godfrey_,
Chron. Part. 17. laying presently hold of, break out into this
Exclamation--From this Action, the Popes of _Rome_ derive an Authority
of changing and deposing Princes, &c."

But pray let us enquire whether the Truth of this Story, as to the
Matter of Fact, be sufficiently proved and attested. For in the first
Place, 'tis manifest, That _not one_ of all that _great Number of Kings_
of the _Franks_, which we have instanced to have been Elected or
Abdicated, was either created or abdicated by the Pope's Authority. On
the contrary we have irrefragably prov'd, that the whole Right, both of
_making_ and _deposing_ their Kings, was lodg'd in the yearly _great
Council_ of the Nation; so that it seems incredible the _Franks_ shou'd
neglect or forgo their Right, in this single Instance of _Pipin_. But to
make few Words of this Matter, _Venericus Vercellensis_ gives us the
Testimony of an ancient Historian, who has written of all the
_Francogallican_ Affairs; whereby that whole Story of the _Pope_, is
prov'd to be a Lye: And 'tis clearly demonstrated, that both
_Childerick_ was deposed, and _Pipin_ chosen in his room, according to
the _usual_ Custom of the _Franks_, and the _Institutions_ of our
Ancestors: That is to say, by a _solemn General Council of the Nation_;
in whose Power _only_ it was, to transact a Matter of so great Weight
and Moment; as we have before made it appear. The Words of that
Historian are these:--"That by the _Counsel_, and with the _Consent_ of
all the _Franks_, (a Relation of this Affair being sent to the
Apostolick See, and its Advice had) the most noble _Pipin_ was advanced
to the Throne of the Kingdom, _By the Election of the whole Nation_, the
Homage of the Nobility, with the Consecration of the Bishops, &c." From
which Words, 'tis most apparent that _Pipin_ was not appointed King by
the _Pope_, but by the _People themselves_, and the _States of the
Realm_. And _Venericus_ explains this Matter out of the same Historian.
"_Pipin, Mayor_ of the Palace (says he) having all along had the
Administration of the Regal Power in his Hands, was the first that was
appointed and elected to be King, from being _Mayor of the Palace_; the
_Opinion_ of _Pope Zachary_ being first known, because the Consent and
_Countenance_ of a Pope of _Rome_, was thought necessary in an Affair of
this Nature."--And presently after he tells us; "The Pope finding that
what the Ambassadors had deposed was just and profitable, agreed to it;
and _Pipin_ was made King by the unanimous Suffrages and Votes of the
Nobility, &c."--To the very same Purpose writes _Ado of Vienna_, Ætat.
6. _sub Anno 727._--"Ambassadors (says he) were sent to Pope
_Zacharias_, to propose this Question to him; Whether or no the Kings of
the _Franks_, who had scarce any _Power_ in their Hands, but contented
themselves with the bare _Title_, were fit to continue to be _Kings_?"
To which _Zacharias_ return'd this Answer,--"That he thought the _Person
who governed_ the Commonwealth, ought rather to have also the _Title_ of
King: Whereupon the _Franks_, after the Return of the Ambassadors, cast
out _Childeric_, who then had the Title of King; and by the _Advice_ of
the _Ambassadors_, and of Pope _Zacharias, Elected Pipin_, and made him
King."

Besides the above Proofs, we have _Aimoinus's_ Testimony to the same
Purpose, _lib. 4. cap. 61._ where he concludes thus.--"This Year _Pipin_
got the Appellation of King of the _Franks_, and according to their
ancient Customs was elevated to the Royal Throne in the City of
_Soissons_, &c." Nay, even _Godfrey of Viterbo_ himself; _Chron. part.
17. cap. 4._ "_Pipin_ (says he) was made King by Pope _Zacharias_, (_ex
electione Francorum_) through the _Election_ of the _Franks_, _Hilderic_
their slothful King being, by the _Franks_, thrust into a Monastery."

In like Manner _Sigebertus_, sub Anno 752.--The Authors of the
_Miscellany History_, lib. 22.--_Otto Frising._ lib. 5. Cap. 21, 22,
23. And the Author of the Book intituled _Fasciculus temporum_, do all
clearly agree in the Account given of this Transaction. From which we
may easily gather, that altho' the _Franks_ did _consult_ the _Pope_
before they created _Pipin_ King, yet it cannot therefore be any Ways
inferr'd from thence, that he was made King by the _Pope's Authority_;
for 'tis one Thing to make a King, and another to give Advice touching
the making him: 'Tis one Thing to have a Right of Creation, and another
that of only giving Advice; nay; no Man has a Right of so much as giving
Advice in Matters of this Nature, but he whose Advice is first ask'd.

Lastly, no Man has more clearly explain'd this whole Matter than
_Marsilius Patavinus_; who during the Reign of _Lewis_ of _Bavaria_,
writ a Book--_de translatione imperii_, in which, _Cap. 6._ he has these
Words.--"_Pipin_, a very valiant Man, and Son of _Charles Martel_, was
(as we read) raised to the Dignity of being King of the _Franks_, by
_pope Zacharias_. But _Aimoinus_ more truly informs us, in his History
of the _franks_, that _Pipin_ was _legally elected_ King by the _Franks_
themselves, and by the Nobility of the Kingdom was placed in the Throne.
At the same Time _Childeric_, a dissolute Prince, who contenting himself
with the bare Title of a King, wasted both his Time and Body in
Wantonness, was by them shaven for a Monk: So that _Zacharias_ had no
Hand in the deposing him, but consented (as some say) to those that did.
For such deposing of a King for just Causes, and electing of another,
does not belong to any Bishop or Ecclesiastick, nor to any College of
Clergymen; but to the _whole Body of citizens_ [ad universitatem civium]
inhabiting that Region, and to the Nobles of it, or to the Majority of
them both." Therefore those Pretences of the _Popes_, to a Power of
_creating_ or _abdicating_ Kings, are apparently false to every Body.
But besides this fabulous Device, which is a sufficient Instance of
their Wickedness and Malice, I think it worth my while to add a
remarkable Letter of Pope _Stephen_, adapted to the foregoing Fable; by
which we may make a judgment of the Madness and folly of that old crafty
Knave. This Letter is extant in _Rhegino_, a Benedictine Monk, and Abbot
of _Prunay_, [Footnote: _Abbot Pruniacensis_] an irrefragable Testimony
in an Affair of this Nature; 'tis in _Chron. anni_ 753.--"_Stephen_ the
Bishop, Servant of the Servants of God, &c. As no Man ought to boast of
his Merits, so neither ought the wonderful Works of God which are
wrought upon his Saints without their Desert, to be buried in Silence,
but published abroad as the Angel admonished _Tobias_. I being
constrained thro' the Oppression of the holy Church, by that most
wicked, blasphemous, and not worthy to be named Wretch, _Aistolphus_, to
fly for Refuge to that _excellent and faithful Votary of St._ Peter,
_Lord_ Pipin, the most _Christian_ King, took my Journey into _France_;
where I fell into a mortal Distemper and remained some Time in the
District of _Paris_, in the venerable Monastery of St. _Denis_ the
Martyr. And being now past Hopes of Recovery, methought I was one Day at
Prayers in the Church of the same blessed Martyr, in a Place under the
Bells: And that I saw standing before the great Altar our Master
_Peter_; and that great Master of the _Gentiles_, our Master _Paul_;
whom I knew very well by their Vestments. And a little after, I saw the
blessed _Lord Denis_, a tall and slender Man, standing at the Right Hand
of our Lord _Peter_. And then that good Pastor the Lord _Peter_
said--This good Brother of ours asks for Health. Then reply'd the
blessed _Paul_--He shall be healed presently. And thereupon approaching
to our Lord _Denis_, he amicably put his Hand upon his Breast, and
look'd back upon our Lord _Peter_, and Lord _Peter_ with a chearful
Countenance said to our Lord _Denis_, His Health shall be your
particular Act of Favour. Then presently Lord _Denis_ taking a Censer
full of Incense, and holding a Branch of Palm-tree in his Hand,
accompanied with a Presbyter and Deacon, who assisted him, came near to
me, and said, Peace be with thee, Brother, be not afraid, thou shalt not
die until thou return in Prosperity to thy own See. Rise and be healed,
and dedicate this Altar to the Honour of God, and the Apostles St.
_Peter_ and St. _Paul_, whom thou seest standing before thee, with
Masses of Thanksgiving. Whereupon I was presently made whole. And being
about to accomplish that which I was commanded to do, they that were
present said I was mad. So I related all that I had seen, to them, to
the King, and all his People, and how I had been cured; and I fulfilled
all that I was bid to do. These Things happen'd in the 753d Year, from
the Incarnation of our Lord on the Ides of _August_; at which Time being
strengthned by the Power of _Christ_, between the Celebration of the
Consecration of the above-mention'd Altar, and the Oblation of the
Sacrifice, I anointed King _Pipin_ and his two Sons, _Charles_ and
_Carloman_, Kings of the _Franks_. Moreover, I laid Hands upon, and
blessed _Bertranda_ the King's Wife, cloathed with her Royal Mantle, and
the Grace of the Sevenfold Holy Spirit: And the Nobles of the _Franks_
being sanctified by the Apostolical Benediction, and the Authority
delivered by _Christ_ to St. _Peter_, obliged themselves solemnly, and
protested, That neither they, nor any of their Posterity, wou'd at any
Time hereafter, presume to constitute any Person, as King over them, but
only such as were of the Race of King _Pipin_."

       *       *       *       *       *



CHAP. XIV.

    _Of the_ Constable, _and_ Peers _of_ France.


Besides the great Office of _Mayor_ of the _Palace_ before spoken of,
there was another which we must take Notice of; because it seems, in the
Memory of our Forefathers, to have succeeded in Place of the former: And
that was the Office of _Count_ of the _King's Stable_; called at first,
_Comes stabuli_; and by Corruption at last, _Connestabuli_. Now all
those who enjoy'd any extraordinary Honours or Employments in the King's
Court, and assisted in the Administration of the Commonwealth, were
commonly called _Comites, Counts_; which was likewise the Custom of the
Ancients, as I have in some other of my Works demonstrated. So _Cicero_,
in many Places, calls _Callisthenes, Comitem Alexandri magni_. This
_Comes stabuli_ was in a Manner the same with the _Magister Equitum_
among the _Romans_, that is, _General_ of the _Horse_; to whom were
subject those Keepers of the Horses commonly called _Querries_. _Greg.
Turen_ lib. 5. cap. 39. says,--"The Treasurer of _Clodoveus_ being taken
out of the City of _Bourges_, by _Cuppan_, _Count_ of the _Stable_, was
sent in Bonds to the Queen, &c." And again, _cap._ 48. where he speaks
of _Leudastes_,--"She took him (says he) into Favour, rais'd him, and
made him Keeper of the best Horses; which so filled him with Pride and
Vanity, that he put in for the _Constableship_; [_Comitatum Stabuloram_]
and having got it, began to despise and undervalue every Body." From
these Quotations it appears, that tho' the Custody of the Horses was a
very honourable Employment, yet 'twas much inferior to that of
_Constable_. _Aimoinus_, lib. 3. cap. 43. gives the same Account of this
_Leudastes_.--"Being grown very intimate with the Queen, he was first
made Keeper of the Horse; and afterwards obtaining the Constableship
above the rest of the Keepers, he was (after the Queen's Death) made by
King _Charibert_, _Count_ of _Tours_." And _cap._ 70. "_Leudegesilus_,
Præfect of the King's Horses, whom they commonly call _Constable_,
being made General of that Expedition by the King, order'd the Engines
to be drawn down &c." Also _lib._ 4. _cap_, 95. where he speaks of
_Charles_ the Great,--"The same Year (says he) he sent _Burchard,
Comitem Stabuli sui_, which we corruptly call _Constabulum_, with a
Fleet against _Corsica_"--. The Appendix to _Gregory_ calls him,
_Comestabulum, lib._ II. _Brunechildis_ (says he) was brought out of the
Village, _ab exporre Comestabulo_.

This being so, _Albertus Krantzius_, lib. Suet. 5. cap. 41. ventures to
affirm, that this _Constable_ was the same with what the _Germans_ call
_Mareschal_. "They named (says he) a _Governor_, one of the best
Soldiers, who might have the Power of Convocating the _Assembly_ of the
Kingdom, and of acting in all Matters like the _Prince_. Our
_Countrymen_ call him a _Mareschal_, the French call him _Constable_,
&c." This seems the more probable, because I do not remember any Mention
to have been made in ancient Times, of a _Mareschal_ in our
_Francogallia_; so that 'tis very likely to have been an Institution of
our latter Kings, accommodated to the Custom of the _Germans_.

That this _Comitatus Stabulorum_, a _Constableship_, had its Rise from
the Institution of the _Roman Emperors_, I do not at all question;
altho' it grew by Degrees among us from slender Beginnings, to the
Heighth of chief _Governor_ of the _Palace_. In former Times that
Dignity was a Sort of _Tribunatus Militaris. Ammianus_, lib. 26. has
this Expression where he speaks of _Valentinian_ the Emperor,--"Having
fixed his Stages, or Days Journeys, he at last entred into _Nicomedia_;
and about the Kalends of _March_, appointed his Brother _Valens_ to be
Governor of his Stables, _cum tribunatus dignitate_, with _tribunitial
Dignity_." What Kind of Dignity that was, we may find in the Code of
_Justinian_, lib. 1. Cod. _de comitibus & tribunis Schol._ Where 'tis
reckoned as a great Honour for them to preside over the Emperor's
Banquets, when they might adore his Purple. Also in _lib. 3. Cod.
Theodos. de annon. & tribut, perpensa, 29. Cod. Theod. de equorum
Collatione & lib. 1. Cod. Theod._ wherein we may find a Power allowed
them, of exacting Contribution to a certain Value from the Provincials
who were to furnish War-Horses for the Emperor's Service.

It now remains that we discourse a little of those Magistrates, which
were commonly called _Peers_ of _France_; whereof we can find no Records
or Monuments, tho' our Endeavours have not been wanting. For among so
great a Number of Books, as are called Chronicles and Annals of
_Francogallia_, not one affords us any probable Account of this
Institution. For what _Gaguinus_, and _Paulus Æmilius_ (who was not so
much an Historian of _French_ Affairs, as of the _Pope's_) and other
common Writers do affirm, to wit, That those Magistrates were instituted
by _Pipin_ or _Charlemagn_, appears plainly to be absurd; because not
one of all the _German_ Historians, who wrote during the Reigns of those
Kings, or for some Time after, makes the least Mention of those
Magistrates. _Aimoinus_ himself who wrote a History of the Military
Atchievements and Institutions of the _Franks_, down to the Reign of
_Lewis the Pious_, and the _Appendix_, which reaches as far as the Time
of _Lewis the Younger_, being the 37th King, speak not one Word of these
_Peers_ in any Place of their Histories; so that till I am better
inform'd, I must concur in Opinion with _Gervase_ of _Tilbury_, who (as
_Gaguinus_ says in the Book which he wrote to the Emperor _Otho_ the
IVth, _de otiis imperialibus_) affirms. That this Institution is first
owing to King _Arthur_ of _Britain_, who ruled some time in Part of
_France_.

For I suppose the Original of that Institution to be this; that as in
the _Feudal_ Law such are called, _Pares curie beneficiari_, i. e. _equal
Tenants by Homage of the Court_, or _Clientes [Greek: omotimoi],
Clients of like holding_, or _Convassilli, Fellow Vassals_, who
hold their _Fiefs_ and _Benefices_ from one and the same _Lord_ and
_Patron_; and upon that Account are bound to him in _Fealty_ and
Obedience: just so King _Arthur_ having acquired a new Principality,
selected _twelve great Men_, to whom he distributed the several Parts
and _Satrapies_ of his Kingdom, whole Assistance and Advice he made use
of in the Administration of the Government. For I cannot approve of
their Judgment, who write, that they were called _Peers_, because they
were _Pares Regi_, the _King's Equals_; since their Parity his no
Relation to the _Regal Dignity_, but only to that Authority and Dignity
they had agreed should be common among them. Their Names were these, the
_Dukes of Burgundy, Normandy_, and _Aquitain_; the _Counts_ of
_Flanders, Tholouse_, and _Champagne_; the _Archbishops_ of _Rheims,
Laon_, and _Langres_; the _Bishops_ of _Beauvais, Noyon_, and _Chalons_.
And as the _Pares Curtis_, or _Curie_, in the _Feudal_ Law, can neither
be created, but by the Consent of the Fraternity; nor _abdicated_, but
by Tryal before their Colleagues; nor _impeach'd_ before any other Court
of Judicature; so these _Peers_ were not bound by any judgment or
Sentence, but that of the _Parliament_, that is, of this imaginary
Council; nor could be _elected_ into the _Society_, or _ejected_ out of
it, but by their _Fellows in Collegio_.

Now altho' this Magistracy might owe its Original to a foreign Prince;
yet when he was driven out, the succeeding Kings finding it accommodated
to their own Ends and Conveniences, ('tis most probable) continued and
made use of it. The first mention I find made of these _Peers_, was at
the Inauguration of _Philip the Fair_, by whom also (as many affirm) the
Six _Ecclestastical Peers_ were first created.

But _Budæus_, an extraordinary Learned Man, calls these _Peers_ by the
Name of _Patritians_; and is of Opinion that they were instituted by one
of our Kings, who was at the same Time _Emperor_ of _Germany_; because,
_Justinian_ says, those _Patres_ were chosen by the _Emperor_, _quasi
Reipub. patronos tutoresque_, as it were _Patrons_ and _Tutors_ of the
Commonwealth. I do not reject this Opinion of that Learned Person; such
a Thing being very agreeable to the Dignity of these _Peers_. For in the
Times of the later _Roman Emperors_, we find the _Patritian_ Dignity not
to have been very unlike that of the _Peers_; because (as _Suidas_
assures us,) they were (partly) the _Fathers of the_ Republick, and were
of _Council_ with the Emperor in all weighty Concerns, and made use of
the same Ensigns of Authority with the _Consuls_; and had greater Honour
and Power than the _Præfectus Prætorio_, tho' less than the _Consul_;
as we may learn _ex Justiniani Novellis_; from _Sidon. Apollin.
Claudian_; and _Cassiadorus_ especially.

But when the _Empire_ was transferr'd to the _Germans_, we do not
believe this Honour was in use among them. Neither is it likely, that
none of the _German_ Historians should have made the least Mention
of it, if any _Patritians_ of that Kind had been instituted by a
_German_ Emperor, who at the same Time was King of _Francogallia_.

Lastly, The same _Budæus_ tells us in that Place, tho' a little
doubtingly, that the like Dignity of _Peers_ had been made use of in
other neighbouring Nations; and that in the _Royal Commentaries, Anno_
1224, 'tis found written, that a certain Gentleman of _Flanders_, called
_Joannes Nigellanus_, having, a Controversy there, appeal'd from the
_Countess_ of _Flanders_ to the _Peers_ of _France_; having first taken
his Oath that he could not expect a fair and equal Tryal before the
_Peers_ of _Flanders_. And when afterwards the Cause was by the
_Countess_ revok'd to the judgment of the _Peers_ of _Flanders_, it was
at Length for certain Reasons decreed, that the _Peers_ of _France_
should take Cognisance of it. What the Reasons were of transferring,
that Tryal, _Budæus_ does not tell us; which one versed in the _Feudal_
Laws should never have omitted. But 'tis Time to return to our principal
Business.

       *       *       *       *       *



CHAP. XV.

    _Of the_ continued _Authority and Power of the_ Sacred
    Council, _during the Reign of the_ Carlovingian _Family_.


We have, as we suppose, sufficiently explain'd what was the Form and
Constitution of our Commonwealth, and how great the Authority of the
_Publick Council_ was during the Reigns of the Kings of the
_Merovingian_ Family. We must now proceed to give an Account of it under
the _Carlovingian_ Race. And as well all our _own_ as the _German_
Historians, give us Reason to believe that the very same _Power_ and
_Authority_ of the _Orders_ or _States_ of the Kingdom, was kept entire.
So that the last Resort and Disposal of all Things, was not lodged in
_Pipin_, _Charles_, or _Lewis_, but in the _Regal Majesty_. The true and
proper Seat of which was (as is above demonstrated) in the _Annual
General Council_. Of this _Eguinarthus_ gives us an Account, in that
little Book we have already so much commended. Where, speaking of what
happen'd after the Death of _Pipin_, he tells us, "that the _Franks_
having solemnly assembled their general Convention, did therein
constitute both _Pipin_'s Sons their Kings, upon this Condition, That
they should equally divide the whole Body of the Kingdom between them;
and that _Charles_ should govern that Part of it which their Father
_Pipin_ had possess'd, and _Carlomannus_ the other Part which their
Uncle _Carlomannus_ had enjoy'd, &c." From whence 'tis easily inferr'd,
that the _States_ of the Kingdom still retain'd in themselves the same
Power, which they had always hitherto been in Possession of (during near
300 Years) in the Reigns of the _Merovingian_ Kings. So that altho' the
deceased King left Sons behind him, yet there _came not_ to the Crown so
much thro' any _Right of Succession_, as thro' the _Appointment_ and
_Election_ of the _States_ of the _Realm_. Now that all the other
weighty Affairs of the Nation used to be determined by the same _General
Council_, _Aimoinus_ is our Witness, _lib._ 4. _cap._ 71. where he
speaks of the War with the _Saxons_. "The King (says he) in the
Beginning of the Spring went to _Nimeguen_; and because he was to hold a
General Convention of his People at a Place called _Paderburn_, he
marched from thence with a great Army into _Saxony_." And again, _cap._
77.--"Winter being over, he held a Publick Convention of his People in a
Town called _Paderburn_, according to the _yearly Custom_." Also _cap._
79.--"And meeting with his Wife in the City of _Wormes_, he resolved to
hold there the _General Council_ of his People." In all which Places he
speaks of that _Charles_, who thro' his warlike Atchievements had
acquired the Dominion of almost all _Europe_, and by the universal
Consent of Nations had obtained the Sirname of the _Great_: Yet for all
that it was not in his Power to deprive the _Franks_ of their _ancient
Right and Liberty_. Nay, he never so much as endeavour'd to undertake
the least Matter of Moment without the _Advice_ and _Authority_ of his
_People_ and _Nobles_. And there is no doubt of it, after _Charles_'s
Death, _Lewis_ his Son administred the Kingdom upon the same Terms and
Conditions. For the _Appendix_ to _Aimoinus_, lib. 5. cap. 10. tells us,
that when _Charles_ was dead, _Lewis_ the Emperor, thro' a certain Kind
of Foreknowledge, summon'd the general Council of his People to meet at
_Doue_, near the _Loire_. And again, _cap._ 38. where he makes Mention
of the Articles of Peace, concluded between King _Lewis_ and his Cousin
_Lewis_, "--They summoned, says he, a PLACITUM, and in that PLACITUM, by
the Advice and Consent of their faithful Subjects, they agreed to
observe and keep the Articles which follow. In which _Placitum_ it was
also by common Consent found convenient, that both Kings should return
with a Guard [_redirent cum scarâ_] _&c._" Also _cap._ 41. where he
speaks of _Carloman_ the Son of _Lewis the Stammerer_,--"And so (says
he) he departed from the _Normans_, and returned to _Wormes_, where he
was on the Kalends of _November_ to _hold his Placitum_." Also in the
following Chapter, where he speaks of _Charles_ the Simple,--"Whose
Youth (says he) the great Men of _France_ thinking unfit for the
Administration of the Government, they held a _Council_ concerning the
State of the Nation."

But it would be an infinite Labour, and indeed a superfluous one, to
quote all the Instances which might be given of this Matter: From what
we have already produced, I think 'tis apparent to every man, that till
_Charles_ the _Simple_'s Reign, that is, for more than 550 Years, the
Judgment and Determination of all the weighty Affairs of the
Commonwealth, belonged to the _great Assembly_ of the _People_, or (as
we now call it) to the _Convention of the Estates_: And that this
Institution of our Ancestors was esteemed _sacred_ and _inviolable_
during so many Ages. So that I cannot forbear admiring the Confidence of
some Modern Authors, who have had the Face to publish in their Writings,
That King _Pipin_ was the first to whom the Institution of the _Publick
Council_ is owing. Since _Eguinarthus_, _Charles_ the _Great_'s own
_Chancellor_, has most clearly proved, that it was the constant Practice
of the whole _Merovingian Line_, to hold every Year the _Publick
Convention_ of the People on the _Kalends_ of _May_; and that the
_Kings_ were carried to that Assembly in a Chariot or Waggon drawn by
Oxen.

But to come to a Matter of greater Consequence, wherein the Prudence and
Wisdom of our Ancestors does most clearly shew it self. Is it not
apparent how great and manifest a Distinction they made between the King
and the Kingdom? For thus the Case stands. The _King_ is one principal
Single _Person_; but the _Kingdom_ is the whole Body of the _Citizens_
and _Subjects_. "And _Ulpian_ defines him to be a Traytor, who is
stirred up with a Hostile Mind against the Commonwealth, or against the
Prince." And in the _Saxon_ Laws, _Tit._ 3. 'tis Written, "Whosoever
shall contrive any Thing against the Kingdom, or the King of the
_Franks_, shall lose his Head."--And again, "The King has the same
Relation to the Kingdom that a Father has to his Family; a Tutor to his
Pupil; a Guardian to his Ward; a Pilot to his Ship, or a General to his
Army."--As therefore a Pupil is not appointed for the Sake of his Tutor,
nor a Ship for the Sake of the Pilot, nor an Army for the Sake of a
General, but on the contrary, all these are made such for the Sake of
those they have in Charge: Even so the _People_ is not designed for the
Sake of the _King_; but the King is sought out and instituted for the
Peoples Sake. For a _People_ can subsist without a King, and be governed
by its Nobility, or by it Self: But 'tis even impossible to conceive a
Thought of a _King_ without a _People_. Let us consider more Differences
between them. A _King_ as well as any private Person is a Mortal Man. A
_Kingdom_ is perpetual, and consider'd as immortal; as Civilians use to
say, when they speak of Corporations, and aggregate Bodies. A _King_ may
be a Fool or Madman, like our _Charles_ VI who gave away his Kingdom to
the _English_: Neither is there any Sort of Men more easily cast down
from a Sound State of Mind, through the Blandishments of unlawful
Pleasures and Luxury. But a _Kingdom_ has within it self a perpetual and
sure Principle of Safety in the Wisdom of its Senators, and of Persons
well skill'd in Affairs. A _King_ in one Battel, in one Day may be
overcome, or taken Prisoner and carried away Captive by the Enemy; as it
happen'd to St. _Lewis_, to King _John_, and to _Francis_ the First. But
a _Kingdom_ though it has lost its _King_, remains entire; and
immediately upon such a Misfortune a Convention is call'd, and proper
Remedies are sought by the chief Men of the Nation against the present
Mischiefs; Which we know has been done upon like Accidents. A _King_,
either through Infirmities of Age, of Levity of Mind, may not only be
missed by some covetous, rapacious or lustful Counsellor; may not only
be seduced and depraved by debauch'd Youths of Quality, or of equal Age
with himself; may be infatuated by a silly Wench, so far as to deliver
and fling up the Reins of Government wholly into her Power. Few Persons,
I suppose, are ignorant how many sad Examples we have of these
Mischiefs: But a _Kingdom_ is continually supplied with the Wisdom and
Advice of the grave Persons that are in it. _Solomon_, the wisest of
Mankind, was in his old Age seduced by Harlots; _Rehoboam_, by young
Men; _Ninus_, by his own Mother _Semiramis_; _Ptolomæus_ sirnamed
_Auletes_, by _Harpers_ and _Pipers_. Our Ancestors left to their Kings
the Choice of their own Privy-Counsellors, who might advice them in the
Management of their private Affairs; but such Senators as were to
consult in common, and take care of the publick Administration, and
instruct the King in the Government of his Kingdom, they reserved to the
Designation of the _Publick Convention_.

In the Year 1356: after King _John_ had been taken Prisoner by the
_English_, and carried into _England_, a Publick Council of the Kingdom
was held at _Paris_. And when some of the King's Privy-Counsellors
appeared at that Convention, they were commanded to leave the Assembly;
and it was openly declared, that the Deputies of the Publick Council
wou'd meet no more, if those Privy-Counsellors shou'd hereafter presume
to approach that Sanctuary of the Kingdom. Which Instance is recorded in
the Great Chronicle writ in _French_, Vol. 2. _sub Rege Johanne_, fol.
169. Neither has there ever yet been any Age wherein this plain
Distinction between a _King_ and a _Kingdom_, has not been observed. The
_King_ of the _Lacedemonians_ (as _Xenophon_ assures us) and the
_Ephori_, renewed _every Month_ a mutual _Oath_ between each other; the
_King_ swore that he wou'd govern according to the written Laws; and the
_Ephori_ swore that they wou'd preserve the Royal Dignity, provided he
kept his Oath. _Cicero_, in one of his Epistles to _Brutus_, writes:
"Thou knowest that I was always of Opinion, that our Commonwealth ought
not only to be deliver'd from a _King_, but even from _Kingship_, Scis
mihi semper placuisse non _Rege_ folum, sed _Regno_ liberari
rempublicam."--Also in his Third Book _de Legibus_--"But because a Regal
State in our Commonwealth, once indeed approved of, was abolish'd, not
so much upon the Account of the Faults of a _Kingly_ Government, as of
the _Kings_ who governed; it may seem that only the Name of a _King_ was
then abolish'd, &c."

       *       *       *       *       *



CHAP. XVI.

    _Of the_ Capevingian _Race, and the Manner of its
    obtaining the Kingdom of_ Francogallia.


It has been already shewn, that the Kingdom of _Francogallia_ continued
in Three Families only, during One Thousand Two Hundred Years. Whereof
the first was called the _Merovingian_ Family. The second, the
_Carlovingian_, from the Names of their Founders or Beginners. For
altho' (as we have often told you) the Succession to the Kingdom was not
conferred as _Hereditary_ Right, but according to the Appointment of the
_General Council_; yet the _Franks_ were so far willing to retain the
Custom of their Progenitors the _Germans_, (who as _Tacitus_ tells us,
chuse their _Kings_ for their _Nobility_, and their _Generals_ for their
_Valour_) that for the most Part they elected such Kings as were of the
Blood _Royal_, and had been educated in a Regal Manner, whether they
were the Children, or some other Degree of Kindred to the Royal Family.

But in the Year 987, after the Death of _Lewis_ the Fifth, who was the
31st King of _Francogallia_, and the 12th of the _Carlovingian_ Line,
there hapned a Migration or Translation of the Royal Scepter, and a
Change of the Kingdom. For when there remained no Person alive of the
former Family but _Charles Duke of Lorrain_, Uncle to the deceased King,
to whom the Succession to the Kingdom, by ancient Custom seemed to be
due; there arose up one _Hugh Capet_, Nephew to _Hauvida_, Sister to the
Emperor _Otho_ the First, and Son to _Hugh_ Earl of _Paris_; a Man of
great Reputation for Valour, who alledged, that he being present upon
the Place, and having deserved extraordinary well of his Country, ought
to be preferred to a Stranger, who was absent. For there having hapned
some Controversies between the _Empire of Germany_, and the Kingdom of
_France_; _Charles_ upon Occasion had shewn himself partial for the
_Empire_ against _France_, and upon that Score had lost the Affections
of most of the _French_. Whereupon _Charles_ having raised an Army, made
an Irruption into _France_, and took several Cities by Composition.
_Capet_ relying on the Friendship and Favour of the _Francogallican_
Nobles, got together what Forces he cou'd, and went to meet him at
_Laon_, a Town in the Borders of _Champagne_; and not long after a
bloody Battel was fought between them, wherein _Capet_ was routed, and
forced to fly into the innermost Parts of _France_; where he began again
to raise Men in Order to renew the War. In the mean Time _Charles_
having dismiss'd his Army, kept himself quiet in the Town of _Laon_ with
his Wife; but in the Year following he was on a sudden surrounded by
_Capet_, who besieged the Town with a great Army.

There was in the Place one _Anselmus_, Bishop of the City. _Capet_ found
Means to corrupt this Man by great Gifts and Promises, and to induce him
to betray both the Town and the King into his Hands; which was
accordingly done. And thus having obtained both the City and the
Victory, he sent _Charles_ and his Wife Prisoners to _Orleans_, where he
set strict Guards over them. The King having been two Years in Prison,
had two Sons born to him there, _Lewis_ and _Charles_; but not long
after they all died. So that _Capet_ being now Master of the whole
Kingdom of _France_ without Dispute or Trouble, associated his Son
_Robert_ with him in the Throne, and took care to get him declared his
Successor. Thus the Dignity and Memory of the _Carlovingian_ Family came
to an End, the 237th Year after the first Beginning of their Reign. And
this History is recorded by _Sigebert_ in _Chron._ Ann. 987. as well as
the _Appendix_, lib. 5. cap. 45.

We must not omit making Mention of the _cunning Device_ made use of by
_Hugh Capet_, for establishing himself in his new Dominion: For whereas
all the Magistracies and Honours of the Kingdom, such as _Dukedoms,
Earldoms_, &c. had been hitherto from ancient Times conferr'd upon
select and deserving Persons in the General _Conventions_ of the
_People_, and were held only during good _behaviour_; whereof (as the
Lawyers express it) they were but _Beneficiaries_; _Hugh Capet_, in
order to secure to himself the Affections of the Great Men, was the
first that made those _Honours perpetual_, which formerly were but
_temporary_; and ordained, that such as obtained them shou'd have a
hereditary Right in them, and might leave them to their Children and
Posterity in like Manner as their other Estates. Of this, see
_Franciscus Conanus_ the Civilian, _Comment. 2. Cap. 9._ By which
notorious fact, 'tis plain, that a great Branch of the _Publick
Council's_ Authority was torn away; which however (to any Man who
seriously considers the Circumstances of those Times) seems impossible
to have been affected by him alone, without the Consent of that _Great
Council_ it self.

       *       *       *       *       *



CHAP. XVII.

    _Of the uninterrupted Authority of the_ Publick Council
    _during the_ Capevingian _Race_.


We may learn, out of _Froissard, Monstrellet, Gaguinus, Commines,
Gillius_, and all the other Historians who have written concerning these
Times, that the Authority of the Publick Council was little or nothing
less in the Time of the _Capevingian_ Family than it had been during the
two former Races. But because it would be too troublesome, and almost an
infinite Labour to quote every Instance of this Nature, we shall only
chose some few of the most remarkable Examples out of a vast Number
which we might produce.

And the first shall be, what hapned in the Year 1328. When _Charles_ the
_Fair_ dying without Issue Male, and leaving a Posthumous Daughter
behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of
_Charles_, claimed the Kingdom of _France_ as belonging to him of Right.
Now there could be no Trial of greater Importance, nor more illustrious,
brought before the _Publick Council_, than a Controversy of this Kind.
And because it was decided there, and both Kings did submit themselves
to the Judgment and Determination of the Council, 'tis an irrefragable
Argument, that the _Authority_ of the _Council_ was greater than that of
both Kings. This Fact is recorded not only by all our own Historians,
but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19.
Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I.
has left it on Record, (grounded, no doubt, upon sufficient
Authorities,) "That both Kings were present at that _Council_, when the
Matter was almost brought to an open Rupture; by the Advice of the
_Nobles_, a _General Convention_ of the _People_ and _States_ was
summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the
Father's Side, ought to have the Preference; and that the Custody of the
Queen, then great with Child, shou'd be given to _Valois_; to whom also
the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a
Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_
Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_,
have published.

The Year 1356, furnishes us with another Example; at which Time King
_John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and
carried into _England_.--"After so great a Calamity, the only Hopes left
were in the Authority of the _Great Council_; therefore immediately a
Parliament was summon'd to meet at _Paris_. And altho' King _John_'s
Three Sons, _Charles_, _Lewis_ and _John_, were at Hand, the eldest of
which was of competent Age to govern; yet other Men were chosen, to wit,
_twelve approved Persons_ out of each _Order_ of the _States_, to whom
the Management of the Kingdom's Affairs was intrusted; and there it was
decreed, that an Embassy shou'd be sent into _England_ to treat of Peace
with the _English_." _Froissard_, Vol. I. cap. 170. _Joannes Buchettus_,
lib. 4. fol. 118. _Nich. Gillius_ in Chron. _Regis Joannis_, are our
Authors.

A third Instance we have _Anno_ 1375, when the last Will and Testament
of _Charles_ the Fifth, Surnamed the _Wise_, was produced: By which Will
he had appointed his Wife's Brother, _Philip_ Duke of _Bourbon_, to be
Guardian to his Sons, and _Lewis_ Duke of _Anjou_ his own Brother, to be
Administrator of the Kingdom till such Time as his Son _Charles_ shou'd
come of Age. But notwithstanding this, a _Great Council_ was held at
_Paris_, wherein (after declaring the Testament to be void and null) it
was decreed, that the _Administration_ of the Kingdom shou'd be
committed to _Lewis_, the Boy's Uncle: "_But upon this Condition, that
he_ should be _ruled and governed_ in that _Administration, by the
Advice of certain Persons named and approv'd by the_ Council." The
Education and Tutelage of the Child was left to _Bourbon_; and at the
same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd
as soon as he shou'd be full 14 Years old, and receive the Homage and
Oath of Fidelity from his Subjects.--_Froissard_, Vol. 2. cap. 60.
_Buchett_, lib. 4. fol. 124. Chro. Brit. Cap.

A 4th Example we have in the Year 1392; at which Time the same _Charles_
the Sixth was taken with a sudden Distraction or Madness, and was
convey'd first to _Mans_, and afterwards to _Paris_; and there a
_General Council_ was held, wherein it was decreed by the _Authority of
the States_, that the _Administration_ of the _Kingdom_ shou'd be
committed to the Dukes of _Aquitain_ and _Burgundy_.--_Froissard_, Vol.
4. cap. 44. is our Author.

5. Neither must we omit what _Paponius_ (Arrest. lib. 5. tit. 10. Art.
4.) testifies to have been declared by the _Parliament_ at _Paris_,
within the Compass of almost our own Memories, when _Francis_ the First
had a Mind to alienate Part of his Dominions; _viz._ "That all
Alienations of that Kind made by any of his Predecessors, were void and
null in themselves; upon this very Account, that they were done _without
the Authority of the Great Council_, and of _the Three Estates_," as he
calls them.

A 6th Example we have in the Year 1426, when _Philip_ Duke of
_Burgundy_, and _Hanfred_ [Dux _Glocestriæ_] were at mortal Enmity with
each other, to the great Detriment of the Commonwealth and it was at
last agreed between them to determine their Quarrel by single Combat:
For in that Contention the _Great Council_ interposed its Authority, and
decreed that both shou'd lay down their Arms, and submit to have their
Controversies _judicially tryed_ before the _Council_, rather than
_disputed_ with the _Sword_. Which History is related at large by
_Paradinus_, in _Chron. Burgund. lib._ 3. _Anno_ 1426.

A 7th Example happned in the Year 1484, when _Lewis the Eleventh_ dying,
and leaving his Son _Charles_, a Boy of 13 Years old; a _Council_ was
held at _Tours_, wherein it was decreed, "The Education of the Boy
shou'd be committed to _Anne_ the King's Sister;" but the Administration
of the Kingdom shou'd be intrusted to certain Persons _Elected and
approved by that Council_; notwithstanding _Lewis_, Duke of _Orleans_,
the next Kinsman by the Father's Side, demanded it as his Right. A
Testimony of which Transaction is extant in the Acts of that _Council_,
printed at _Paris_; and in _Joannes Buchettus_ 4th Book, folio 167.

       *       *       *       *       *



CHAP. XVIII.

    _Of the Remarkable Authority of the_ Council _against_
    Lewis _the_ Eleventh.


The _Power_ and _Authority_ of the _Council_ and the _Estates_
assembled, appears by the foregoing Testimonies to have been very great,
and indeed (as it were) _Sacred_. But because we are now giving Examples
of this Power, we will not omit a signal Instance of the _Authority_ of
this _Council_, which interposed it self in the Memory of our Fathers
against _Lewis the Eleventh_, who was reputed more crafty and cunning
than any of the Kings that had ever been before him.

In the Year 1460, when this _Lewis_ governed the Kingdom in such a
Manner, that in many Cases the Duty of a good Prince, and a Lover of his
Country, was wanting; the People began to desire the Assistance and
_Authority_ of the Great _Council_, that some Care might therein be
taken of the Publick Welfare; and because it was suspected the King
wou'd not submit himself to it, the _Great Men_ of the Kingdom (stirred
up by the daily Complaints and Solicitations of the _Commons_,)
"resolv'd to gather Forces, and raise an _Army_; that (as _Philip de
Comines_ expresses it) they might provide for the _Publick Good_, and
expose the King's wicked Administration of the Commonwealth." They
therefore agreed to be ready prepared with a good Army, that in Case the
King should prove refractory, and refuse to follow good Advice, they
might _compel him by Force_: For which Reason that War was said to have
been undertaken for the Publick Good, and was commonly called the War
_du bien public_. "_Comines_, _Gillius_, and _Lamarc_, have recorded the
Names of those Great Men who were the principal Leaders, the _Duke of
Bourbon_, the _Duke of Berry_, the King's Brother; the _Counts of
Dunois_, _Nevers_, _Armagnac_, and _Albret_, and the _Duke_ of
_Charalois_, who was the Person most concern'd in what related to the
Government. Whereever they marched, they caused it to be proclaimed,
that their Undertakings were only design'd for the _Publick_ Good; they
published Freedom from Taxes and Tributes, and sent Ambassadors with
Letters to the _Parliament_ at _Paris_, to the Ecclesiasticks, and to
the Rector of the University, desiring them not to suspect or imagine
these Forces were rais'd for the King's Destruction, but only to reclaim
him, and make him perform the _Office_ of a _Good King_, as the present
Necessities of the _Publick_ required."--These are _Gillius_'s Words,
lib. 4. fol. 152.

The Annals intituled the Chronicles of _Lewis the Eleventh_, printed at
_Paris_ by _Galliottus_ fol. 27. have these Words.----"The first and
chiefest of their Demands was, That a _Convention_ of the _Three
States_ should be held; _because in all Ages it had been found to be the
only proper Remedy for all Evils, and to have always had a Force
sufficient to heal such sort of Mischiefs_."--Again, Pag. 28. "An
Assembly was called on Purpose to hear the Ambassadors of the Great Men,
and met on the 24th Day in the Town-House at _Paris_; at which were
present some Chosen Men of the University, of the Parliament, and of the
Magistrates. The Answer given the Ambassadors, was, That _what they
demanded was most just_; and accordingly a _Council_ of the _Three
Estates_ was summon'd."--These are the Words of that Historian.--From
whence the Old Saying of _Marcus Antoninus_ appears to be most
true.--"Etsi omnes molestæ semper seditiones sunt, justas tamen esse
nonnullas, & prope necessarias: eas vero justissimas maximéque
necessarias videri, cum populus Tyranni sævitiâ oppressus auxilium à
legitimo Civium conventu implorat. Altho' all Sorts of Seditions are
troublesome, yet some of them are just, and in a Manner necessary; but
those are extraordinary just and necessary, which are occasion'd when
the People oppress'd by the Cruelty of a Tyrant, implores the Assistance
of a Lawful Convention."

_Gaguinus_, in his Life of _Lewis_ the _Eleventh_, pag. 265. gives us
_Charles_, the Duke of _Burgundy's_ Answer to that King's Ambassadors.
"_Charles_ (says he) heard the Ambassadors patiently, but made Answer,
That he knew no Method so proper to restore a firm Peace, at a Time when
such great Animosities, and so many Disorders of the War were to be
composed, as a _Convention of the Three Estates_. Which when the
Ambassadors had by Special Messengers communicated to King _Lewis_, he
hoping to gain his Point by Delays, summon'd the _Great Council_ to meet
at _Tours_, on the Kalends of _April_ 1467; and at the appointed Time
for the _Convention_, they came from all Parts of the Kingdom, &c."

The same Passage, and in almost the same Words, is recorded in the Book
of Annals, _fol. 64._ and in the Great Chronicle, _Vol. 4. fol. 242._
where these very remarkable Words are further added.--"In that Council
it was appointed, that certain approved Men shou'd be chosen out of each
of the _Estates_, who shou'd establish the Commonwealth, and take care
that Right and Justice shou'd be done." But _Gillius_ in the Place
above-mention'd says: "After the Battel at _Montlebery_, many
well-affected and prudent Men were elected to be _Guardians_ of the
_Publick Good_, according as it had been _agreed_ upon between the
_King_ and the _Nobles_; among whom the Count of _Dunois_ was the
Principal, as having been the chief Promoter of that Rising."--For it
had grown into Custom after the Wealth of the _Ecclesiasticks_ was
_excessively_ increas'd, to divide the People into Three _Orders_ or
_Classes_, whereof the _Ecclesiasticks_ made one; and when those
_Curators_ of the _Commonwealth_ were chosen, Twelve Persons were taken
out of each Order. So that it was enacted in that _Council_, that 36
Guardians of the Republick shou'd be created, with Power, by common
Consent, to redress all the Abuses of the Publick. Concerning which
Thing, _Monstrellettus_, Vol. 4. fol. 150 writes thus: "In the first
Place (says he) it was decreed, that for the re-establishing the State
of the Commonwealth, and the easing the People of the Burthen of their
Taxes, and to compensate their Losses, 36 Men shou'd be elected, who
shou'd have _Regal Authority_; viz. 12 out of the _Clergy_, 12 out of
the _Knights_, and 12 _skilful_ in the Laws of the Land; to whom Power
should be given of inspecting and enquiring into the Grievances and
Mischiefs under which the Kingdom laboured, and to apply Remedies to
all: And the King gave his Promise _in Verbo Regis_, That whatsoever
those 36 Men shou'd appoint to be done, he wou'd ratify and confirm."

_Oliver de la Marck_, a _Flemming_, in his History, _cap. 35._ writes
the same Thing, and mentions the same Number of 36 _Guardians_ or
_Curators_ of the _Commonwealth_. And he farther adds; "That because the
King did not stand to his Promise, but _violated_ his _Faith_, and the
_Solemn Oath_ which he had publickly sworn, a most _cruel War_ was
kindled in _Francogallia_, which set it all in a Flame, and continued
near 13 Years. Thus that King's Perjury was punish'd both by his own
Infamy, and the People's Destruction."

Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years
compleat, since the Liberties of _Francogallia_, and the _Authority_ of
its _annual General Council_, flourished in full Vigor, and exerted
themselves against a King of ripe Years, and great Understanding; for he
was above 40 Years old, and of such great Parts, as none of our Kings
have equall'd him. So that we may easily perceive that our
_Commonwealth_, which at first was _founded_ and _establish'd_ upon the
_Principles of Liberty_, maintained it self in the same free and sacred
State, (even by Force and Arms) against all the Power of Tyrants for
more then Eleven Hundred Years.

I cannot omit the great Commendation which that most noble Gentleman and
accomplish'd Historian, _Philip de Comines_, gives of this Transaction;
who in his 5th Book and 18th Chapter, gives this Account of it, which we
will transcribe Word for Word.--"But to proceed: Is there in all the
World any King or Prince, who has a Right of imposing a Tax upon his
People (tho' it were but to the Value of one Farthing) without their own
Will and Consent? Unless he will make use of Violence, and a Tyrannical
Power, he cannot. But some will say there may happen an Exigence, when
the Great _Council of the People_ cannot be waited for, the Business
admitting of no Delay. I am sure, in the Undertaking of a War, there is
no need of such hast; one has sufficient Leisure to think leisurely of
that Matter. And this I dare affirm, that when Kings and Princes
undertake a War with the Consent of their Subjects, they are both much
more powerful, and more formidable to their Enemies.--It becomes a King
of _France_ least of any King in the World, to make use of such
expressions as this.--_I have a Power of raising as great Taxes as I
please on my Subjects_;--for neither he, nor any other, has such a
Power; and those Courtiers who use such Expressions, do their King no
Honour, nor increase his Reputation with Foreign Nations; but on the
contrary, create a Fear and Dread of him among all his Neighbours, who
will not upon any Terms subject themselves to such a Sort of Government.
But if our King, of such as have a Mind to magnify his Power; wou'd say
thus; I have such obedient and loving Subjects, that they will deny me
nothing in Reason; or, there is no Prince that has a People more willing
to forget the Hardships they undergo; this indeed wou'd be a Speech that
wou'd do him Honour, and give him Reputation. But such Words as these do
not become a King; _I tax as much as I have a mind to; and I have a
Power of taking it, which I intend to keep_. _Charles_ the Fifth never
used such Expressions, neither indeed did I ever hear any of our Kings
speak such a Word; but only some of their Ministers and Companions, who
thought thereby they did their Masters Service: But, in my Opinion, they
did them a great deal of Injury, and spoke those Words purely out of
Flattery, not considering what they said. And as a further Argument of
the gentle Disposition of the _French_, let us but consider that
_Convention_ of the _Three Estates_ held at _Tours_, Anno 1484, after
the Decease of our King _Lewis_ the _Eleventh_: About that time the
wholsome Institution of the _Convention_ of the _Three Estates_ began to
be thought a dangerous Thing; and there were some inconsiderable Fellows
who said then, and often since, that it was High-Treason to make so much
as mention of Convocating the _States_, because it tended to lessen and
diminish the King's Authority; but it was they themselves who were
_guilty of High-Treason against God, the King, and the Commonwealth_.
Neither do such-like Sayings turn to the Benefit of any Persons, but
such as have got great Honours or Employments without any Merit of their
own; and have learnt how to flatter and sooth, and talk impertinently;
and who fear all great Assemblies, lest there they shou'd appear in
their proper Colours, and have all evil Actions condemned."

       *       *       *       *       *



CHAP. XIX.

    _Of the Authority, of the Assembly of the States
    concerning the most important Affairs of Religion._


We have hitherto demonstrated, that the Assembly of the States had a
very great Power in all Matters of Importance relating to our Kingdom of
_France_. Let us now consider, what its Authority has been, in Things
that concern Religion. Of this our Annals will inform us under the Year
MCCC. when Pope _Boniface_ the Eighth sent Ambassadors to King _Philip
the Fair_, demanding of him, whether he did not hold and repute himself
to be subject to the Pope in all Things temporal as well as spiritual;
and whether the Pope was not Lord over all the Kingdoms and States of
_Christendom_? In Consequence of these Principles, he required of
_Philip_ to acknowledge him for his Sovereign Lord and Prince, and to
confess that he held his Kingdom of _France_ from the Pope's Liberality;
or that if he refused to do this, he should be forthwith excommunicated,
and declar'd a Heretick. After the King had given Audience to these
Ambassadors, he summon'd the States to meet at _Paris_, and in that
Assembly the Pope's Letters were read, to the Purport following.
_Boniface, universal Bishop, the Servant of the Servants of God, to_
Philip _King of_ France. _Fear God and keep his Commandments. It is our
Pleasure thou shouldst know, that thou art our Subject, as well in
things temporal as Spiritual, and that it belongs not to thee to bestow
Prebends or collate Benefices, in any Manner whatever. If thou hast the
Custody of any such that may be now vacant, thou must reserve the
Profits of them for the Use of such as shall succeed therein: and if
thou hast already collated any of them, we decree by these Presents such
Collation to be_ ipso facto _void, and do revoke whatever may have been
transacted relating thereunto; esteeming all those to be Fools and
Madmen, who believe the contrary. From our Palace of the_ Lateran _in
the Month of December, and in the Sixth Year of our Pontificate_. These
Letters being read, and the Deputies of the States having severally
deliver'd their Opinions about them, after the Affair was maturely
deliberated, it was ordain'd; first, that the Pope's Letters should be
burnt in the Presence of his Ambassador, in the great Yard of the
Palace: Then, that these Ambassadors with Mitres upon their Heads, and
their Faces bedaub'd with Dirt, should be drawn in a Tumbrel by the
common Hangman into the said Yard, and there be exposed to the Mockery
and Maledictions of the People: finally, that Letters in the King's Name
should be dispatched to the Pope, according to the Tenor following.
Philip _by the Grace of God, King of_ France, _to_ Boniface, _who stiles
himself universal Bishop, little or no greeting. Be it known to thy
great Folly and extravagant Temerity, that in things temporal we have no
Superior but God; and that the Disposal of the Vacancies of certain
Churches and Prebends belong to us of Regal Right; that it is our due to
receive the profits of them, and our Intention to defend our selves by
the Edge of the Sword, against all such, as would any way go about to
disturb us in the Possession of the same; esteeming those to be Fools
and Brainless, who think otherwise_. For Witnesses of this History, we
have the Author of the _Chronicle of Bretayne_, lib. 4. chap. 14. and
_Nicholas Gilles_ in the _Annals of France_, to whom ought to be join'd
_Papon._ in the first Book of his Arrests tit. 5. art. 27.

       *       *       *       *       *



CHAP. XX.

    _Whether_ Women _are not as much debarr'd_ (_by the_
    Francogallican Law) _from the_ Administration, _as from
    the_ Inheritance _of the Kingdom_.


The present Dispute being about the _Government_ of the Kingdom, and the
chief _Administration_ of Publick Affairs, we have thought fit not to
omit this Question: Whether _Women_ are not as much debarr'd from the
_Administration_, as from the _Inheritance_ of the Kingdom? And in the
first Place we openly declare, that 'tis none of our Intention to argue
for or against the _Roman_ Customs or Laws, or those of any other
Nation, but only of the Institutions of this our own _Francogallia_. For
as on the one Hand 'tis notorious to all the World, that by the _Roman_
Institutions, _Women_ were always under _Guardianship_, and excluded
from intermeddling, either in publick or private Affairs, by Reason of
the _Weakness_ of their Judgment: So on the other, _Women_ (by ancient
Custom) obtain the _Supreme Command_ in _Some_ Countries. "The
(_Britains_ says _Tacitus_ in his Life of _Agricola_) make _no
Distinction of Sexes_ in _Government_." Thus much being premised, and
our Protestation being clearly and plainly proposed, we will now return
to the Question. And as the Examples of some former Times seem to make
for the affirmative, wherein the Kingdom of _Francogallia_ has been
administered by _Queens_, especially by _Widows_ and _Queen-Mothers_: So
on the contrary, the Reason of the Argument used in Disputations, is
clearly against it. For she, who cannot be Queen in her _own Right_, can
never have any Power of Governing in another's Right: But here a Woman
cannot reign in her own Right, nor can the Inheritance of the Crown fall
to her, or any of her Descendants; and if they be stiled _Queens_ 'tis
only accidentally; as they are _Wives_ to the _Kings_ their _Husbands_.
Which we have prov'd out of Records for twelve hundred Years together.

To this may be added (which we have likewise prov'd) that nor only the
sole Power of _Creating_ and _Abdicating_ their Kings, but also the
Right of electing _Guardians_ and _Administrators_ of the Commonwealth,
was lodged in the same _Publick Council_. Nay, and after the Kings were
created, the supreme Power of the Administration was retained still by
the same _Council_. And 'tis not yet full a hundred Years since 36
Guardians of the Commonwealth were constituted by the same _Council_,
like so many _Ephori_: and this during the Reign of _Lewis_ the
_Eleventh_, as crafty and cunning as he was. If we seek for Authorities
and Examples from our Ancestors, we may find several; there is a
remarkable one in _Aimoinus_, lib. 4. cap. 1. where speaking of Queen
_Brunechild_, Mother to young _Childebert_; "The Nobility of _France_
(says he) understanding that _Brunechild_ designed to keep the chief
Management of the Kingdom in her own Hands; and having always hitherto,
for so long a Time disdained to be subject to a Female Domination, did,
&c." And indeed it has so happned in the Days of our Ancestors, that
whenever Women got into their Hands the Procuration of the Kingdom, they
have been always the Occasion of wonderful Tragedies: Of which it will
not be amiss to give some Examples. Queen _Crotildis_, Mother of the two
Kings, _Childebert_ and _Clotarius_, got once the Power into her Hands;
and being extravagantly fond of the Sons of _Clodomer_, (another of her
Sons then dead) occasion'd a great deal of Contention, by her
endeavouring to exclude her Sons, and promote these Grandsons to the
Regal Dignity; and upon that Score she nourished their _large Heads of
Hair_ with the greatest Care and Diligence imaginable, according to that
ancient Custom of the Kings of the _Franks_, which we have before given
an Account of. The two Kings (as soon as they understood it) presently
sent one _Archadius_, who presenting her with a naked Sword and a Pair
of Shears, gave her Choice which of the two She had rather shou'd be
applied to the Boys Heads. But She (says _Gregory_ of _Tours_) being
enraged with Choler, especially when She beheld the naked Sword and the
Scissars, anwer'd with a great deal of Bitterness--"Since they cannot be
advanced to the Kingdom, I had rather see them dead than shaven"--And
thereupon both her Grandsons were beheaded in her Presence. The same
_Gregory_, lib. 3. cap. 18. subjoyns--"This Queen, by her Liberalities
and Gifts conferr'd upon Monasteries, got the Affections, _Plebis &
vulgi_ of the common People and Mob: _Date frenos_ (says Cato)
_impotenti naturæ, & indomito animali, & sperate ipsas modum licentiæ
facturas_. Give Bridles to their unruly Natures, and curb the untamed
Animal; and then, you may hope they shall see some Bounds to their
Licentiousness." What an unbridled Animal and profligate Wretch was that
Daughter of King _Theodorick_, by Birth an _Italian_; who being mad in
Love with one of her Domesticks, and knowing him to have been kill'd by
her Mother's Orders, feigned a thorough Reconciliation, and desir'd in
Token of it to receive the Holy Sacrament of the Lord's Supper with her
Mother; but Privately mixing some Poyson in the Chalice, She at once
gave the strangest Instance both of Impiety and Cruelty in thus
murdering her own Mother. The Account given of it by _Gregory_ of
_Tours_ is this: "They were (says he) of the _Arrian Sect_, and because
it was their Custom that the Royal Family shou'd communicate at the
Altar out of one Chalice, and People of Inferior Quality out of another.
(_By the way, pray take notice of the Custom of Communicating in both
kinds by the People._) She dropped Poyson into that Chalice out of which
her Mother was to communicate; which as soon as she had tasted of it,
kill'd her presently."--_Fredegunda, Queen-Mother_, and Widow of
_Chilperick the First_, got the Government into her Hands; She, in her
Husband's Time, lived in Adultery with one _Lander_; and as soon as she
found out that her Husband _Chilperick_ had got Wind of it, she had him
murdered, and presently seiz'd upon the Administration of the Kingdom as
Queen-Mother, and Guardian of her Son _Clotharius_, and kept Possession
of it for 13 Years; in the first Place she poyson'd her Son's Uncle
_Childebert_, together with his Wife; afterwards she stirred up the
_Hunns_ against his Sons, and raised a Civil War in the Republick. And
lastly, She was the Firebrand of all those Commotions which wasted and
burnt all _Francogallia_, during many Years, as _Aimoinus_ tells us,
[lib. 3. cap. 36. & lib. 8. cap. 29.]

There ruled once in _France_, _Brunechild_, Widow of King _Sigebert_,
and Mother of _Childebert_. This woman had for her Adulterer a certain
_Italian_, called _Protadius_, whom She advanced to great Honours: She
bred up her two Sons, _Theodebert_ and _Theodorick_, in such a wicked
and profligate Course of Life, that at last they became at mortal Enmity
with each other: And after having had long Wars, fought a cruel single
Combat. She kill'd with her own Hands her Grandson _Meroveus_, the Son
of _Theodebert:_ She poysoned her Son _Theodorick_. What need we say
more? _Date frænos_ (as _Cato_ says) _impotenti naturæ, & indomito
animali; & sperate illas modum licentiæ facturas_. She was the Occasion
of the Death of Ten of the Royal Family: And when a certain Bishop
reproved her, and exhorted her to mend her Life, She caused him to be
thrown into the River. At last, a _Great Council_ of the _Franks_ being
summoned, She was judged, and condemned, and drawn in Pieces by wild
horses, being torn Limb from Limb. The Relators of this Story are,
_Greg. Turonensis_, [lib. 5. cap. 39.] and [lib. 8. cap. 29.] And _Ado_
[Ætat. 6.] _Otto Frising._ [Chron. 5. Cap. 7.] _Godfridus Viterbiensis_
[Chron. parte 16.] & _Aimoinus_ [lib. 4. cap. 1.] Also the Appendix of
_Gregory of Tours_, [lib. 11.] whose Words are these: "_Having convicted
her of being the Occasion of the Death of Ten Kings of the_ Franks; _to
wit, of_ Sigebert, Meroveus, _and his Father_ Chilperick; Theodebert,
_and his Son_ Clothair; Meroveus, _the Son of_ Clothair, Theodorick,
_and his three Children, which had been newly killed, they order'd her
to be placed upon a Camel, and to be tortured with divers sorts of
Torments, and so to be carried about all the Army; afterwards to be tied
by the Hair of the Head, one Leg and one Arm to a Wild Horse's Tail; by
which being kick'd, and swiftly dragg'd about, She was torn Limb from
Limb._"

Let us instance in some others: _Plectrudis_ got the Government into her
Hands; a Widow not of the King, but of _Pipin_, who ruled the Kingdom
whilst _Dagobert_ the Second bore the empty Title of King. This
_Plectrudis_ having been divorced by her Husband _Pipin_, because of her
many Adulteries and flagitious Course of Life; as soon as her Husband
was dead, proved the Incendiary of many Seditions in France. She
compell'd that gallant Man _Charles Martel_, Mayor of the Palace, to
quit his Employment, and in his Place put one _Theobald_, a most vile
and wicked Wretch; and at last She raised a most grievous Civil War
among the _Franks_, who in divers Battels discomfited each other with
most terrible Slaughters. Thus, says _Aimoinus_, [lib 4. cap. 50. & cap
sequen.] Also the Author of a Book called, The State of the Kingdom of
_France_ under _Dagobert_ the Second, has these Words: _"When the_
Franks _were no longer able to hear the Fury and Madness of_ Plectrude,
_and saw no Hopes of Redress from King_ Dagobert, _they elected one_
Daniel _for their King, (who formerly had been a Monk) and called him_
Chilperick." Which Story we have once before told you.

But let us proceed. The Queen-Mother of _Charles_ the _Bald_, (whose
Name was _Judith_) and Wife of _Lewis the Pious_, who had not only been
King of _Francogallia_, but Emperor of _Italy_ and _Germany_, got the
Government into her Hands. This Woman stirred up a most terrible and
fatal War between King _Lewis_ and his Sons, (her Sons in Law) from
whence arose so great a Conspiracy, that they constrained their Father
to abdicate the Government, and give up the Power into their Hands, to
the great Detriment of almost all _Europe_: The Rise of which Mischiefs,
our Historians do unanimously attribute, for the most Part, to _Queen
Judith_ in a particular Manner: The Authors of this History are the
_Abbot_ of _Ursperg_, _Michael Ritius_ and _Otto Frising._ [Chron. 5.
cap. 34.] "_Lewis_ (says this last) _by reason of the Evil Deeds of his
Wife_ Judith, _was driven out of his Kingdom_." Also _Rhegino_ [in Chron.
ann. 1338.] "_Lewis_ (says he) _was deprived of the Kingdom by his
Subjects, and being reduced to the Condition of a private Man, was put
into Prison, and the Sole Government of the Kingdom, by the Election of
the_ Franks, _was conferr'd upon_ Lotharius _his Son. And this
Deprivation of_ Lewis _was occasioned principally through the many
Whoredoms of his Wife_ Judith."

Some Ages after, Queen _Blanch_, a _Spanish_ Woman, and Mother to St.
_Lewis_, ruled the Land. As soon as She had seized the Helm of
Government, the Nobility of _France_ began to take up Arms under the
Conduct of _Philip_ Earl of _Bologn_, the King's Uncle, crying out (as
that excellent Author _Joannes Joinvillæus_ writes) [cap. histor. 4.]
"_That it was not to be endured that so great a Kingdom shou'd be
governed by a Woman, and She a Stranger._" Whereupon those Nobles
rejecting _Blanch_, chose Earl _Philip_ to be Administrator of the
Kingdom: But _Blanch_ persisting in her Purpose, sollicited Succours
from all Parts, and at last determined to conclude a League with
_Ferdinand_ King of _Spain_. With _Philip_ joyned the Duke of
_Brittany_, and the _Count de Eureux_ his Brother. These, on a sudden,
seiz'd on some Towns, and put good Garisons into them. And thus a
grievous War was begun in _France_, because the Administration of the
Government had been seized by the Queen-Mother: It hapned that the King
went (about that Time) to _Estampes_, being sent thither by his Mother
upon Account of the War: To that Place the Nobles from all Parts hastily
got together, and began to surround the King not with an Intention (as
_Joinville_ says) to do him any Harm, but to withdraw him from the Power
of his Mother. Which She hearing, with all Speed armed the People of
_Paris_, and commanded them to march towards _Estampes_. Scarce were
these Forces got as far as _Montlebery_, when the King (getting from the
Nobles) joyned them, and returned along with them to _Paris_. As soon as
_Philip_ found that he was not provided with a sufficient force of
Domestick Troops, he sent for Succours to the Queen of _Cyprus_, (who at
the fame Time had some Controversy depending in the Kingdom) She entring
with a great Army into _Champagn_, plunder'd that Country far and near;
_Blanch_ however continues in her Resolution. This constrains the
Nobility to call in the _English_ Auxiliaries, who waste _Aquitain_ and
all the Maritime Regions; which Mischiefs arose thro' the Ambition and
unbridled Lust of Rule of the Queen-Mother, as Joinvillæus tells us at
large, [cap. 7, 8, 9, 10.]

And because many of our Countrymen have a far different Opinion of the
Life and Manners of Queen _Blanch_, occasioned (as 'tis probable) by the
Flattery of the Writers of those Times; (For all Writers either thro'
Fear of Punishment, or, by Reason of the Esteem which the Kings their
Sons have in the World, are cautious how they write of Queen-Mothers:) I
think it not amiss to relate what _Joinville_ himself records [cap 76.]
_viz._ That She had so great a Command over her Son, and had reduced him
to that Degree of Timidity and Lowness of Spirit, that She would very
seldom suffer the King to converse with his Wife _Margaret_, (her
Daughter-in-Law) whom She hated. And therefore whenever the King went a
Journey, She ordered the Purveyors to mark out different Lodgings, that
the Queen might lie separate from the King. So that the poor King was
forced to place Waiters and Doorkeepers in Ambush whenever He went near
his Queen; Ordering them, that when they heard his Mother _Blanch_
approach the Lodgings, they shou'd beat some Dogs, by whose Cry he might
have Warning to hide himself: And one Day (says _Joinville_) when Queen
_Margaret_ was in Labour, and the King in Kindness was come to visit
her, on a sudden Queen _Blanch_ surprized him in her Lodgings: For
altho' he had been warned by the howling of the Dogs, and had hid
himself (wrapp'd up in the Curtains) behind the Bed; yet She found him
out, and in the Presence of all the Company laid Hands on him, and drew
him out of the Chamber: You have nothing to do here (said She) get out.
The poor Queen, in the mean Time, being not able to bear the Disgrace of
such a Reproof, fell into a Swoon for Grief; so that the Attendants were
forced to call back the King to bring her to her self again, by whose
Return She was comforted and recover'd. _Joinville_ tells this Story
[_cap. hist. 76._] in almost these same Words.

Again, Some Years after this, _Isabella_, Widow of _Charles_ the 6th,
(Sirnamed the _Simple_) got Possession of the Government: For before the
Administration of the Publick Affairs cou'd be taken care of by the
_Great Council_, or committed by them to the Management of chosen and
approved Men, many ambitious Courtiers had stirr'd up Contentions: Six
Times these Controversies were renewed, and as often composed by
Agreement. At last _Isabella_ being driven out of _Paris_ betook her
self to _Chartres_: There, having taken into her Service a subtle Knave,
one _Philip de Morvilliers_, She made up a Council of her own, with a
President, and appointed this _Morvilliers_ her Chancellor; by whose
Advice She order'd a Broad-Seal, commonly called, a Chancery-Seal, to be
engraven: On which her own Image was cut, holding her Arms down by her
Sides: and in her Patents She made use of this Preamble. "Isabella, _by
the Grace of God, Queen of_ France: _who, by Reason of the King's
Infirmity, has the Administration of the Government in her Hands,
&c._"--But when the Affairs of the Commonwealth were reduced to that
desperate Future, that all Things went to Rack and Ruin, She was by the
_Publick Council_ banished to _Tours_, and committed to the Charge of
Four Tutors, who had Orders to keep her lock'd up at Home, and to watch
her so narrowly, that She shou'd be able to do nothing; not so much as
to write a Letter without their Knowledge. A large Account of all this
Transaction we have in _Monstrellet's_; History. [_cap._ 161 & _cap._
168.]

       *       *       *       *       *



CHAP. XXI.

    _Of the_ Juridical Parliaments _in_ France.


Under the _Capevingian_ Family there sprung up in _Francogallia_ a Kind
of Judicial Reign, [_Regnum Judiciale_] of which (by Reason of the
incredible Industry of the Builders up and Promoters of it, and their
unconceivable Subtilty in all subsequent Ages), we think it necessary to
say something. A Sort of Men now rule every-where in _France_, which are
called _Lawyers_ by some, and _Pleaders_ or _Pettyfoggers_ by others:
These Men, about 300 Years ago, managed their Business with so great
Craft and Diligence, that they not only subjected to their Domination
the Authority of the _General Council_, (which we spoke of before) but
also all the _Princes_ and _Nobles_, and even the _Regal Majesty_ it
self: So that in whatever Towns the Seats of this same _Judicial
Kingdom_ have been fix'd, very near the third Part of the Citizens and
Inhabitants have applied themselves to the Study and Discipline of this
wrangling Trade, induced thereunto by the vast Profits and Rewards which
attend it. Which every one may take Notice of, even in the City of
_Paris_, the Capital of the Kingdom: For who can be three Days in that
City without observing, that the third Part of the Citizens are taken up
with the Practice of that _litigious_ and _Pettyfogging_ Trade?
Insomuch, that the General Assembly of Lawyers in that City (which is
called the _Robed Parliament_) is grown to so great a Heighth of Wealth
and Dignity, that now it seems to be (what _Jugurtha_ said of old of the
_Roman Senate_) no longer an _Assembly_ of _Counsellors_, but of
_Kings_, and _Governors_ of _Provinces_. Since whoever has the Fortune
to be a Member of it, how meanly born soever, in a few Years Time
acquires immense and almost Regal Riches: For this Reason many other
Cities strove with Might and Main to have the like Privilege of
_Juridical_ Assemblies: So that now there are several of these famous
Parliaments, to wit, those of _Paris, Tholouse, Rouen, Grenoble,
Bourdeaux, Aix_, and _Dijon_: All which are _fix'd_ and _sedentary_;
besides an Eighth, which is ambulatory and moveable, and is called the
_Grand Council_.

Within the Limits of these great _Juridical Kingdoms_ there are others
lesser, which we may call _Provincial Governments_, who do all they can
to imitate the Grandeur and Magnificence of their Superiors; and these
are called _Presidial Courts_: And so strong is the Force and Contagion
of this Disease, that a very great Part of the _French_ Nation spends
its Time and Pains in Strife and Law-Suits, in promoting Contentions and
Processes; just as of old, a great Number of the _Egyptians_ were
employ'd by their Tyrants in Building _Pyramids_, and other such useless
Structures.

Now the Word _Parliament_ in the old Manner of Speech used by our
Countrymen, "signifies a Debate, or discoursing together of many
Persons, who come from several Parts, and assemble in a certain Place,
that they may communicate to one another Matters relating to the
Publick." Thus in our ancient Chronicles, whenever Princes or their
Ambassadors had a Meeting to treat of Peace or Truce, or other Warlike
Agreements; the Assembly so appointed was always called a _Parliament_;
and for the same Reason the _Publick Council_ of the _Estates_ was, in
our old Language, called a _Parliament_. Which Assembly, being of great
Authority, the Kings of the _Capevingian_ Race having a Mind to diminish
that Authority by little and little, substituted in its Place a certain
Number of _Senators_, and transferred the August Title of a _Parliament_
to those _Senators:_ And gave them these Privileges: First, That none of
the King's Edicts shou'd be of Force, and ratified, unless those
Counsellors had been the _Advisors_ and _Approvers_ of them. Next, That
no Magistracy or Employment in all _France_, whether Civil or Military,
shou'd be conferr'd on any Person, without his being _inaugurated_, and
taking the _Oaths_ in that _Assembly_. Then that there should be _no
Liberty of Appeal_ from their judgment, but that all their Decrees
should stand firm, and inviolable. In fine, whatever Power and Authority
had anciently been lodged in the _General Council_ of the Nation, during
so many Years together, was at Length usurped by that _Counterfeit
Council_, which the Kings took care to fill with such Persons as would
be most subservient to their Ends.

Wherefore it will be worth our while, to enquire from what Beginnings it
grew up to so great a Heighth and Power; First, a very magnificent
Palace was built at _Paris_, by Order (as some say) of King _Lewis
Hutin_, which in our Ancient Language signifies _mutinous_ or
_turbulent_. Others say, by _Philip the fair_, about the Year 1314.
thro' the Industry and Care of _Enguerrant de Marigny_ Count of
_Longueville_, who was hanged some Years after on a Gallows at _Paris_,
for embezzling the Publick Money, Whoever 'twas that built it, we may
affirm, that our _Francogallican_ Kings took the same Pains in building
up this _litigious Trade_, that the _Egyptian_ Monarchs are said to have
done in employing their Subjects to build the _Pyramids_; among whom
_Chemnis_ is recorded to have gathered together 360000 Men to raise one
Pyramid. _Gaguinus_, in his History of King _Hutin's_ Life, has this
Passage,--"_This_ Lewis _ordained, That the Court of Parliament should
remain fixed and immoveable in the City of_ Paris, that Suitors and
Clients might not be put to the Trouble of frequent Removals." Now what
some affirm, that _Pipin_ or _Charlemagn_ were the Authors of this
Institution, is very absurd, as we shall plainly make appear. For most
of the Laws and Constitutions of _Charlemagn_ are extant; in all which
there is not the least Mention made of the Word _Parliament_, nor of
that great _fixed Senate_; he only ordains, That in certain known Places
his Judges should keep a _Court_, and assemble the People; which
according to his usual Custom he calls a _Placitum_, or a _Mallum_, as
[_lib. 4. cap. 35._ Legis _Franciæ_] 'tis written, "_He shall cause no
more than three general_ Placita _to be kept in one Year, unless by
chance some Person is either accused, or seizes another Man's Property,
or is summoned to be a Witness--._" There are many other Laws extant of
that King's of the like Nature, by which we may observe the Paucity of
Law-suits in his Days: And I am clearly of Opinion, that what I find
several of our modern Authors have affirm'd is most true, _viz._ that
the first Rise and Seeds of so many Law-suits, Calumnies and Contentions
in this Kingdom, proceeded from Pope _Clement_ the Fifth, who during the
Reign of _Philip the Fair_, transferred the Seat of his Papacy to
_Avignon_, at which Time his Courtiers and Petty-Foggers, engaging into
Acquaintance with our Countrymen, Introduced the _Roman_ Arts of
Wrangling into our Manners and Practice. But not to speak of such remote
Times. About the Year of our Lord 1230. reigned St. _Lewis_, as he is
plainly called, whose Life _Johannes Joinvillæus_ (whom we have often
mentioned) has written at large. Out of his Commentary we may easily
learn, how few Contentions and Law-Suits were in those Days, since King
_Lewis_ either determined the Controversies himself in Person, or
referred them to be determined by some of his Followers and Companions:
And therefore [_cap._ 94.] he thus writes,--"_He was wont_ (says he) _to
command Lord_ Nellius, _Lord_ Soissons, _or my self, to inspect and
manage the Appeals which were made to him. Afterwards he sent for us,
and enquired into the State of the Case; and whether it were of such a
Nature as could not be ended without his own Intervention. Oftentimes it
hapned, that after we had made our Report, he sent for the contending
Parties, and heard the Cause impartially argued over again. Sometimes
for his Diversion he would go to the Park of_ Bois de Vincennes, _and
sitting down upon a green Sodd at the Foot of an Oak Tree, would command
us to sit by him; and there if any one had Business, he wou'd cause him
to be called, and bear him patiently. He wou'd often himself proclaim
aloud, That if any one had Business, or a Controversy with an Adversary,
he might come near and set forth the Merits of his Cause; then if any
Petitioner came, he wou'd hear him attentively; and having throughly
considered the Case, wou'd pass judgment according to Right and Justice.
At other Times he appointed_ Peter Fountain _and_ Godfrey Villet _to
plead the Causes of the contending Parties. I have often_ (says he)
_seen that good King go out of Paris into one of his Gardens or Villa's
without the Walls, dressed very plainly, and there order a Carpet to be
spread before him on a Table; and having caused Silence to be
proclaimed, those which were at Variance with each other, were
introduced to plead their Causes; and then he presently did Justice
without Delay._" Thus far _Joinvillæus_--By which we may guess at the
small Number of Law Suits and Complainants in those Days, and how
careful our Kings were of preventing the Mischiefs that might arise from
such as fomented Controversies. In the _Capitular_ of _Charles the
Great_ this Law is extant.--"_Be it known unto all Persons both Nobility
and People, by these our Patents, That we will sit one Day in every Week
to hear Causes in Person._"

We have the like Testimony in _William Budæus_, a very famous Man, and a
Principal Ornament of our Kingdom of _France_. For in his Annotations on
the _Pandects_ (where he treats of this very Argument, and inveighs
against this _Kingdom of Brawlers and Petty-Foggers_) he tells us, that
he finds in the Regal Commentaries of Venerable Antiquity, (the free
Perusal of which his Quality did intitle him to) "_That in the Reign of
the same King_ Lewis, [Anno 1230.] _several Controversies arose between
the King and the Earl of_ Britany; _And that by Consent (as 'tis
probable) of both Parties, a Camp-Court of Judicature was summoned to
meet at_ Erceniacum, _wherein sate as Judges, not Lawyers, Civilians and
Doctors, but Bishops, Earls, and Barons. And there the Earl of_ Britany
_was cast, and it was order'd that the Inhabitants of his County should
be absolved and freed from the Oath of Allegiance and fidelity, which
they had taken to him_. Again, in the same King's Reign, [Anno 1259.] _a
Dispute having arisen about the County of_ Clairmont _between the King
and the Earls of_ Poitou _and_ Anjou, _a Court of Judicature, composed
of the like Persons was appointed, wherein sat the Bishops and Abbots,
the General of the_ Dominicans, _the Constable, the Barons, and several_
Laicks. To this he subjoyns: _Yet there were two Parliaments called each
Year, at_ Christmas _and at_ Candlemas, _like as there are two_ Scacaria
_summoned in_ Normandy _at_ Easter _and at_ Michaelmas." Thus far
_Budæus_; to whom agrees what we find in an ancient Book concerning the
_Institution of Parliaments_, wherein this Article is quoted out of the
_Constitution of Philip_ the 4th, Sirnamed the _Fair_ [ex Anno
1302.]--"_Moreover, for the Conveniency of our Subjects, and the
expeditious determining of Causes, we propose to have it enacted, that
two Parliaments shall be held every Year at_ Paris, _and two_ Scacaria
_at_ Rouen: _That the_ Dies Trecenses _shall be held twice a Year: and
that a Parliament shall be held at_ Tholouse, _as it used to be held in
past Times, if the People of the Land consent to it: Also, because many
Causes of great Importance are debated in our Parliament, between great
and notable Personages; We ordain and appoint, that two Prelates, and
two other sufficient Persons, being Laymen of our Council; or at least
one Prelate and one Laick, shall be continually present in our
Parliaments, to hear and deliberate concerning the above-mentioned
Causes."_--From which Words we may learn, First, how _seldom_ the Courts
of Judicature heard Causes in those Days. Next, how few judges sat in
those _Parliaments_. For as to the other Provinces and Governments of
the Kingdom, we have (in the same Book) the _Constitution of Philip the
Fair_, in these Words, [Anno 1302.]--"_Moreover, We ordain that our
Seneschals and Bayliffs shall hold their Assizes in Circuit throughout
their Counties and Bayliwicks once every two Months at least."_

Furthermore, _Budæus_ in the same Place, [Anno 1293.] writes, that
_Philip_ the _Fair_ appointed, that three Sorts of People shou'd sit in
Parliament, viz. _Prelates, Barons_, and _Clerks mixed with Laymen:_
"Since the Laicks (says he) are chosen promiscuously out of the Knights,
and out of other Sorts of People. Also, that the Prelates and Barons
shou'd select fit Persons out of that third Estate, to exercise every
Sort of Judicature; and at the same Time shou'd chuse three Judges, who
shou'd be sent abroad into those Countries where the written Laws of the
Land had their Course, that they might there judge and determine
according to Law. And if any Question of great Importance were to be
argued, they should take to their Assistance the most Learned Men they
could get.--" In which Place, _Budæus_ lamenting the Evil Customs of our
Times; that is, this _Kingdom of Lawyers_ now in Vogue, breaks out with
_Juvenal_ into this Exclamation: "_Quondam hoc indigenæ vivebant more!
So_ (says he) _may I exclaim, that in Old Times, when this Kingdom
flourished, (as many appear by our Money coined of pure fine Gold) there
was a plain and easy Way of doing Justice; there were few Law-suits, and
those not of long Continuance, or indeed Eternal, as now they are; for
then this Rabble-Rout of pretended Interpreters of the Law had not
invaded the Publick: neither was the Science of the Law stretched out to
such an unlimited Extent; but Truth and Equity, and a prudent Judge,
endued with Integrity and Innocence, was of more worth than Six hundred
Volumes of Law-Books. But now to what a sad Condition Things are
brought, every one sees, but no Body dares speak out. [Sed omnes dicere
mussant.]"_ Thus far honest _Budæus_; a most inveterate Adversary of
this Art of Chicanery, upon all Occasions.

To return to our Purpose, of giving an Account upon what Foundations and
Beginnings this _Reign of Litigiousness_ was first raised. As _Cicero_
writes, that the Old High-Priests (by Reason of the Multitude of
Sacrifices) instituted three Assistants called _Viri Epulones_, altho'
they themselves were appointed by _Numa_ to offer Sacrifice at the _Ludi
Epulares_: In like Manner, out of a very _Small Number_ of Parliamentary
Judges, (when Law-Suits and Litigiousness increased) swarm'd this
incredible Multitude of _Judges_, and _Spawn_ of _Counsellors_. And, in
the first Place, a great, sumptuous and magnificent Palace was built (as
we told you before) either by the Command of _Lewis Hutin_, or of
_Philip the Fair:_ then (from a moderate Number of judges) three Courts
of Ten each, were elected a [_tres decurie_] _viz._ Of the _great
Chamber_ of _Accounts_, of _Inquests_, and of _Requests_. Which
Partition _Budæus_ speaks of in the above quoted Place, but more at
large _Gaguinus_ in his Life of King _Lewis Hutin_.

I must not omit one remarkable Thing that ought for ever to be
remembred, which both these Authors have transmitted to Posterity:
_viz._ That this Meeting of the Court of Judicature was not _perpetual_
and _fixed_, as 'tis now, but _summonable_ by the _King's Writs_, which
every Year were renewed by Proclamation about the Beginning of
_November:_ "_And that we may be certain_ (says _Gaguinus) that the King
was the Original and Author of this solemn Convention; the Royal Writs
are issued every Year, whereby the Parliament is authorized to meet on
the Feast-day of_ St. Martin, _that is, on the 10th of_ November."

Now of the wonderful and speedy Increase of this _Judicial Kingdom_, we
have this Instance; That about a hundred Years after its Beginning, that
is, in the Year 1455, in the Reign of _Charles_ the 7th, we find this
Order made by him--_From the Feast of_ Easter, _till the End of the
Parliament, the Presidents and Counsellors ought to meet in their
respective Chambers at Six a Clock every Morning: from the Feast of St._
Martin _forwards, they may meet later.--_And a little after it says, _We
judge it very necessary, that the Presidents and Counsellors of the
Court shou'd come to Parliament after Dinner, for the Dispatch of
Causes, and of Judgments._ This was _Charles_ the 7th's Order: But in
_Charles_ the Great's Reign, who ruled a Kingdom three Times as big, we
find a very different Manner of rendring Justice; as we may easily
understand by that Law of his, mention'd lib. 4. cap. 74. _Legis
Franciæ_; "_Let a_ Comes, _a Judge_ (says he) _not hold a_ Placitum,
_(that is, not pass a Decree) but before Dinner, or Fasting._"

Concerning the Word _Parliament_, and the Authority of that Name, we
have this Argument; That when of old a Senate was instituted in
_Dauphine_ with supreme Authority, which was commonly called the
_Council of Dauphine_; _Lewis_ the 11th endeavouring to oblige the
_Dauphinois_, who had well deserved from him, changed the Name of this
_Council_ into that of a _Parliament_, without adding any Thing to the
Privileges or Authority of it. Of which _Guidopappius_ is our Witness.
[Quest. 43. and again quest. 554.]

FINIS.





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