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diff --git a/17894-h/17894-h.htm b/17894-h/17894-h.htm new file mode 100644 index 0000000..7968fd2 --- /dev/null +++ b/17894-h/17894-h.htm @@ -0,0 +1,7037 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" +"http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> +<html xmlns="http://www.w3.org/1999/xhtml"> +<head> +<meta http-equiv="content-type" content="text/html;charset=UTF-8" /> +<meta name="generator" content="HTML Tidy, see www.w3.org" /> +<title>The Project Gutenberg eBook of Franco-Gallia, by +Francis Hotoman</title> +<style type="text/css"> +/*<![CDATA[ XML blockout */ +<!-- + p { margin-top: .75em; + text-align: justify; + margin-bottom: .75em; + } + + + p.one {text-indent: -1em; margin-left: 1em;} + P.two {text-indent: -2em; margin-left: 1em;} + + + ul.TOC { list-style-type: none; position: relative; + margin-right: 5%; text-indent: -1em;} + + span.tocright { position: absolute; right: 0;} + + + h1,h2,h3,h4,h5,h6 {font-weight: normal; + text-align: center; /* all headings centered */ + clear: both; + } + hr { width: 33%; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + clear: both; + } + + table {margin-left: auto; margin-right: auto;} + + td.cell_lt1 {vertical-align: top; width: 30%; text-align: left;} + td.cell_rt1 {vertical-align: top; width: 70%; text-align: left;} + + body{margin-left: 10%; + margin-right: 10%; + } + + + .linenum {position: absolute; top: auto; left: 4%;} /* poetry number */ + .blockquot{margin-left: 5%; margin-right: 10%;} + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right;} /* page numbers */ + .sidenote {width: 20%; padding-bottom: .5em; padding-top: .5em; + padding-left: .5em; padding-right: .5em; margin-left: 1em; + float: right; clear: right; margin-top: 1em; + font-size: smaller; background: #eeeeee; border: dashed 1px;} + + .bb {border-bottom: solid 2px;} + .bl {border-left: solid 2px;} + .bt {border-top: solid 2px;} + .br {border-right: solid 2px;} + .bbox {border: solid 2px;} + + .center {text-align: center;} + .smcap {font-variant: small-caps;} + + .figcenter {margin: auto; text-align: center;} + + .figleft {float: left; clear: left; margin-left: 0; margin-bottom: 1em; margin-top: + 1em; margin-right: 1em; padding: 0; text-align: center;} + + .figright {float: right; clear: right; margin-left: 1em; margin-bottom: 1em; + margin-top: 1em; margin-right: 0; padding: 0; text-align: center;} + + .footnotes {border: dashed 1px;} + .footnote {margin-left: 10%; margin-right: 10%; font-size: 0.9em;} + .footnote .label {position: absolute; right: 84%; text-align: right;} + .fnanchor {vertical-align: super; font-size: .8em; text-decoration: none;} + + div.poem { + text-align:left; + margin-left:5%; + width:90%; font-size: 95%; + } + + .poem .stanza { + margin-top: 1em; + } + .stanza div + { + line-height: 1.2em; + margin-left: 2em; + text-indent: -2em; + } + .poem .i0 {display:block; margin-left: 2em;} + .poem .i1 {display:block; margin-left: 3em;} + .poem .i2 {display:block; margin-left: 4em;} + .poem .i3 {display:block; margin-left: 16em;} + + + // --> + /* XML end ]]>*/ + +</style> +</head> +<body> + + +<pre> + +The Project Gutenberg EBook of Franco-Gallia, by Francis Hotoman + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +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: Francis Hotoman + +Release Date: March 1, 2006 [EBook #17894] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK FRANCO-GALLIA *** + + + + +Produced by Stan Goodman, Turgut Dincer and the Online +Distributed Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + +<h1>Franco-Gallia:</h1> + +<h3>OR, AN</h3> + +<h2>ACCOUNT</h2> + +<h3>OF THE</h3> + +<h2>Ancient Free State</h2> + +<h3>OF</h3> + +<h1><i>FRANCE</i>,</h1> + +<h3>AND</h3> + +<h3>Most other Parts of EUROPE,</h3> + +<h4>before the Loss of their Liberties.</h4> + +<hr style='width: 45%;' /> +<h5><i>Written Originally in Latin by the Famous Civilian</i></h5> + +<h3>FRANCIS HOTOMAN,</h3> + +<h5>In the Year 1574.</h5> + +<h5><i>And Translated into</i> English <i>by the Author of +the</i></h5> + +<h5>Account of DENMARK.</h5> + +<hr style='width: 45%;' /> +<h5>The SECOND EDITION, with Additions, and</h5> + +<h5>a <i>New Preface</i> by the Translator.</h5> + +<hr style='width: 45%;' /> +<h4><i>LONDON:</i></h4> + +<h5>Printed for <i>Edward Valentine</i>, at the <i>Queen's +Head</i></h5> + +<h5>against St. <i>Dunstan's</i> Church, <i>Fleetstreet</i>, +1721.</h5> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/011a.jpg" alt= +"Ornament" /></div> + +<h1>Franco-Gallia</h1> + +<h5>Translated by</h5> + +<h4>The Author of the <i>Account</i></h4> + +<h4><i>of</i> DENMARK.</h4> + +<div class="figcenter"><img width="100%" src="images/011a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/013a.jpg" alt= +"Ornament" /></div> + +<h3>The BOOKSELLER</h3> + +<h3>TO THE</h3> + +<h1>R E A D E R.</h1> + +<p><i>The following Translation of the Famous</i> Hotoman's +Franco-Gallia <i>was written in the Year 1705, and first publish'd +in the Year 1711. The Author was then at a great Distance from</i> +London, <i>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</i> Englishmen <i>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.</i></p> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/015a.jpg" alt= +"Ornament" /></div> + +<h4>THE</h4> + +<h3>TRANSLATOR's</h3> + +<h2>PREFACE.</h2> + +<p>Many Books and Papers have been publish'd since the late +<i>Revolution</i>, tending to justify the Proceedings of the People +of <i>England</i> at that happy juncture; by setting in a true +Light our just Rights and Liberties, together with the solid +Foundations of our <i>Constitution:</i> Which, in truth, is not +ours only, but that of almost all <i>Europe</i> besides; so wisely +restor'd and establish'd (if not introduced) by the <i>Goths</i> +and <i>Franks</i>, whose Descendants we are.</p> + +<p>These Books have as constantly had some things, called +<i>Answers</i>, 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 <i>Lenity</i> 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.</p> + +<p>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 +<i>Divine Right</i> of an <i>Hereditary Monarch</i>, and the +Impiety of <i>Resistance</i> upon any Terms whatever, +notwithstanding any <i>Authorities</i> to the contrary.</p> + +<p>Others (and those the more judicious) deny'd positively, that +sufficient <i>Authorities</i> could be produced to prove, that a +<i>free People</i> have a <i>just Power</i> to defend themselves, +by opposing their <i>Prince</i>, who endeavours to oppress and +enslave them: And alledged, that whatever was said or done tending +that way, proceeded from a Spirit of <i>Rebellion</i>, and +<i>Antimonarchical Principles</i>.</p> + +<p>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 <i>Franco-Gallia</i> of that most Learned and Judicious +<i>Civilian</i>, <i>Francis Hotoman</i>; 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 <i>Europe</i>; 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 <i>Englishmen</i>: 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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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.</p> + +<p>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 <i>Old England</i> will continue to +be a free Country, and <i>know</i> itself to be <i>such</i>; 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.</p> + +<p>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 +<i>Commonwealth's-Men</i>: Which (in the ordinary Meaning of the +Word) amounts to <i>Haters</i> of <i>Kingly</i> Government; now +without broad, malicious Insinuations, that we are no great Friends +of the present.</p> + +<p>Indeed were the <i>Laity</i> of our Nation (as too many of our +<i>Clergy</i> 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 <i>Revolution</i> in Eighty-eight, that we stand upon another +and a better Bottom, tho no other than our own old one, 'tis time +that our <i>Notions</i> should be suited to our +<i>Constitution</i>. 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 <i>the +hardest Lesson is to unlearn</i>; [Footnote: St. Chrysostom.] or how +an Education so diametrically opposite to our Bill of Rights, +shou'd be so long encouraged.</p> + +<p>Methinks a <i>Civil Test</i> might be contrived, and prove very +convenient to distinguish those that own the <i>Revolution +Principles</i>, from such as Tooth and Nail oppose them; and at the +same time do fatally propagate Doctrines, which lay too heavy a +Load upon <i>Christianity</i> it self, and make us prove our own +Executioners.</p> + +<p>The Names of <i>Whig</i> and <i>Tory</i> will, I am afraid, last +as long among us, as those of <i>Guelf</i> and <i>Ghibelline</i> +did in <i>Italy</i>. 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 <i>Political Faith</i>; not doubting but it may +agree in several Particulars with that of many worthy Persons, who +are as undeservedly aspers'd as I am.</p> + +<p>My Notion of a <i>Whig</i>, I mean of a real <i>Whig</i> (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 +<i>Gothick Constitution</i>, under the <i>Three Estates</i> of +<i>King</i> (or <i>Queen</i>) <i>Lords</i> and <i>Commons</i>; the +<i>Legislature</i> being seated in all Three together, the +<i>Executive</i> entrusted with the first, but accountable to the +whole Body of the People, in Case of Male Administration.</p> + +<p>A true <i>Whig</i> is of Opinion, that the Executive Power has +as just a Title to the <i>Allegiance</i> and Obedience of the +Subject, according to the <i>Rules of known Laws enacted by the +Legislative</i>, as the <i>Subject</i> has to <i>Protection, +Liberty</i> and <i>Property</i>: And so on the contrary.</p> + +<p>A true <i>Whig</i> is not afraid of the Name of a +<i>Commonwealthsman</i>, because so many foolish People, who know +not what it means, run it down: The <i>Anarchy</i> and +<i>Confusion</i> which these Nations fell into near Sixty Years +ago, and which was <i>falsly</i> called a <i>Commonwealth</i>, +frightning them out of the true Construction of the Word. But Queen +<i>Elizabeth</i>, and many other of our best Princes, were not +scrupulous of calling our Government a <i>Commonwealth</i>, even in +their solemn Speeches to <i>Parliament</i>. And indeed if it be not +one, I cannot tell by what Name properly to call it: For where in +the very <i>Frame</i> of the <i>Constitution</i>, the Good of the +<i>Whole</i> is taken care of by the <i>Whole</i> (as 'tis in our +Case) the having a <i>King</i> or <i>Queen</i> at the Head of it, +alters not the Case; and the softning of it by calling it a +<i>Limited Monarchy</i>, seems a Kind of Contradiction in Terms, +invented to please some weak and doubting Persons.</p> + +<p>And because some of our <i>Princes</i> in this last Age, did +their utmost Endeavour to destroy this Union and Harmony of the +<i>Three Estates</i>, and to be <i>arbitrary</i> or <i>independent, +they</i> ought to be looked upon as the <i>Aggressors</i> upon our +Constitution.</p> + +<p>This drove the other <i>Two Estates</i> (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.</p> + +<p>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 <i>Liberty</i> to a <i>Tyranny</i>, +but very few of a Recovery of <i>Liberty</i> from <i>Tyranny</i>, +if this last have had any Length of Time to fix it self and take +Root.</p> + +<p>Let all such, who either thro Interest or Ignorance are Adorers +of <i>absolute Monarchs</i>, say what they please; an <i>English +Whig</i> 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 <i>wrongful Aggressor</i>, is accountable +for all the evil Consequences: And thro the Course of his reading +(tho my Lord <i>Clarendon's</i> Books be thrown into the Heap) he +finds it very difficult to observe, that ever the People of +<i>England</i> took up Arms against their <i>Prince</i>, but when +constrain'd to it by a necessary Care of their <i>Liberties</i> and +true <i>Constitution</i>.</p> + +<p>'Tis certainly as much a <i>Treason</i> and <i>Rebellion</i> +against this <i>Constitution</i>, and the <i>known</i> Laws, in a +<i>Prince</i> to endeavor to break thro them, as 'tis in the +<i>People</i> to rise against him, whilst he keeps within their +Bounds, and does his Duty. Our Constitution is a Government of +<i>Laws</i>, not of <i>Persons. Allegiance</i> and +<i>Protection</i> are Obligations that cannot subsist separately; +when one fails, the other falls of Course. The true Etymology of +the word <i>Loyalty</i> (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 <i>Laws themselves</i>, +to which we owe both an active and passive Obedience.</p> + +<p>By the old and true Maxim, that <i>the King can do no Wrong</i>, +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 <i>lawful Power</i> +to do such Things; and our Constitution considers no <i>Power</i> +as <i>irresistible</i>, but what is <i>lawful</i>.</p> + +<p>And since <i>Religion</i> 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.</p> + +<p><i>Whiggism</i> is not circumscrib'd and confin'd to any one or +two of the <i>Religions</i> now profess'd in the World, but +diffuses it self among all. We have known <i>Jews, Turks</i>, 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 <i>foreign +Jurisdiction paramount to our Laws</i>. So that a <i>real +Papist</i> can neither be a true <i>Governor</i> of a +<i>Protestant</i> Country, nor a true <i>Subject</i>, and besides, +is the most <i>Priest-Ridden</i> Creature in the World: and (when +uppermost) can bear with no body that differs from him in Opinion; +little considering, that whosoever is against <i>Liberty of +Mind</i>, is, in effect, against <i>Liberty of Body</i> too. And +therefore all Penal <i>Acts</i> of <i>Parliament</i> for Opinions +<i>purely</i> religious, which have no Influence on the +<i>State</i>, are so many Encroachments upon <i>Liberty</i>, whilst +those which restrain Vice and Injustice are against +<i>Licentiousness</i>.</p> + +<p>I profess my self to have always been a Member of the +<i>Church</i> of <i>England</i> and am for supporting it in all its +<i>Honours</i>, <i>Privileges</i> and <i>Revenues</i>: but as a +Christian and a <i>Whig</i>, I must have Charity for those that +differ from me in <i>religious</i> Opinions, whether <i>Pagans</i>, +<i>Turks</i>, <i>Jews</i>, <i>Papists</i>, <i>Quakers</i>, +<i>Socinians</i>, <i>Presbyterians</i>, or others. I look upon +<i>Bigotry</i> 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 <i>Deity</i>, 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 <i>Procrustes</i> the +Tyrant of <i>Attica</i>, 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 +<i>doing to others, as he wou'd have others do to him</i>, 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 <i>Monopoly</i> to their own <i>Corporation</i>, +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 <i>Miracles, Martyrs, Inspirations, Merits, +Mortifications, Revelations, Austerity, Antiquity</i>, &c. (as +all Persons conversant with History, or that travel, know to be +true) and this <i>cui bono</i>? I think it the Honour of the +Reformed Part of the Christian Profession, and the Church of +<i>England</i> 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.</p> + +<p>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 +<i>Mahometan</i> in <i>Turky</i> is in the right, and I (if I carry +my own Religion thither) am in the Wrong. They will have it so. If +the <i>Mahometan</i> comes with me to <i>Christendom</i>, 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 <i>Mahometan</i> 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 <i>Calvin</i> +burnt <i>Servetus</i> at <i>Geneva</i>, Queen <i>Mary</i> burnt +<i>Cranmer</i> at <i>London</i>. 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 <i>Poverty, +Slavery</i>, and <i>Misery</i>.</p> + +<p>The thriving of any one <i>single Person</i> by honest Means, is +the Thriving of the <i>Commonwealth</i> 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 <i>Property</i> and +<i>Liberty</i> both of <i>Mind</i> and <i>Body</i>; 'tis impossible +but that Place must flourish in <i>Riches</i> and in <i>People</i>, +which are the <i>truest Riches</i> of any Country.</p> + +<p>But as, on the one hand, a true <i>Whig</i> thinks that all +Opinions purely spiritual and notional ought to be indulg'd; so on +the other, he is for <i>severely punishing</i> all <i>Immoralities, +Breach</i> of <i>Laws, Violence</i> and <i>Injustice</i>. 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 <i>Whig</i> 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 <i>Divine Right</i> insisted upon for any <i>human +Institutions</i>; and to find God <i>Almighty</i> brought in as a +Principal there, where there is no Necessity for it. To affirm, +that <i>Monarchy, Episcopacy, Synods, Tythes</i>, the <i>Hereditary +Succession</i> to the <i>Crown</i>, &c. are <i>Jure Divino</i>; +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 +<i>Whig</i> owns <i>Submission</i> to Government to be an +<i>Ordinance</i> of God. <i>Submit your selves to every Ordinance +of Man, for the Lord's Sake</i>, says the Apostle. Where (by the +way) pray take notice, he calls them <i>Ordinances of Man</i>; and +gives you the true Notion, how far any thing can be said to be +<i>Jure Divino</i>: which is far short of what your high-flown +Assertors of the <i>Jus Divinum</i> wou'd carry it, and proves as +strongly for a <i>Republican</i> Government as a +<i>Monarchical</i>; tho' in truth it affects neither, where the +very Ends of Government are destroyed.</p> + +<p>A right <i>Whig</i> looks upon <i>frequent Parliaments</i> as +such a <i>fundamental</i> Part of the Constitution, that even no +<i>Parliament</i> can part with this Right. <i>High Whiggism</i> is +for <i>Annual</i> Parliaments, and <i>Low Whiggism</i> for +<i>Triennial</i>, 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 <i>Triennial</i> +Parliaments shall content me, till the <i>Legislative</i> shall +think fit to make them <i>Annual</i>.</p> + +<p>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 +<i>first</i> Parliament after any Prince's <i>Accession</i> to the +<i>Crown</i>, to give the publick Revenue <i>arising by Taxes</i>, +for a longer time than that <i>Parliament's own Duration</i>. I +cannot see why the Members of the <i>first</i> 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 <i>succeeding</i> 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 <i>ill Use</i> of such a <i>Revenue</i>. 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 <i>Honey-Moon</i> +of <i>Government</i> 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.</p> + +<p>The Revenues of our Kings, for many Ages, arose out of their +<i>Crown-Lands</i>; 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 <i>Impositions</i> and +<i>Taxes</i>, we have given Occasion to our Princes to dispose of +their <i>Crown-Lands</i>; 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 <i>Christendom</i>: for many of +the arbitrary <i>Eastern</i> 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 <i>Calling</i> and <i>Duration</i> +of Parliaments was <i>precarious</i>, it might indeed be an <i>Act +of Imprudence</i>, tho not of <i>Injustice</i>, for any <i>one +Parliament</i> to settle such a Sort of <i>Revenue</i> for Life on +the Prince: But at present, when all the World knows the <i>utmost +Extent</i> of a Parliament's <i>possible</i> Duration, it seems +disagreeable to Reason, and an Encroachment upon the Right of +<i>succeeding</i> Parliaments (for the future) for any <i>one +Parliament</i> to do that which <i>another</i> cannot undo, or has +not Power to do in its turn.</p> + +<p>An Old <i>Whig</i> is for chusing such Sort of +<i>Representatives</i> to serve in Parliament, as have +<i>Estates</i> 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 +<i>Senator</i>, shou'd have also a competent, visible <i>Land +Estate</i>, as a Pledge to his <i>Electors</i> 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 <i>mony'd Man</i> who had no +<i>Land:</i> But those Arguments never convinced me.</p> + +<p>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 +<i>Scotland</i> and <i>Ireland</i>, but even to <i>France</i> it +self (were it in our Power) is one of the principal Articles of +<i>Whiggism</i>. The Ease and Advantage which wou'd be gain'd by +<i>uniting</i> our own Three Kingdoms upon equal Terms (for upon +unequal it wou'd be no <i>Union</i>) is so visible, that if we had +not the Example of those Masters of the World, the <i>Romans</i>, +before our Eyes, one wou'd wonder that our own Experience (in the +Instance of uniting <i>Wales</i> to <i>England</i>) 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 +<i>secure</i> to govern by <i>Love</i> and <i>common Interest</i>, +than by <i>Force</i>; to expect <i>Comfort</i> and +<i>Assistance</i>, in Times of Danger, from our next Neighbours, +than to find them at such a time a <i>heavy Clog</i> 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 <i>standing</i> Army against our <i>Brethren</i>, +as against our known and inveterate <i>Enemies</i>; that certainly +whoever can oppose so publick and apparent Good, must be esteem'd +either <i>ignorant</i> to a strange Degree, or to have <i>other</i> +Designs in View, which he wou'd willingly have brought to +Light.</p> + +<p>I look upon her Majesty's asserting the Liberties and Privileges +of the <i>Free Cities</i> in <i>Germany</i>, 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 <i>one Set of Men</i> were the <i>peculiar</i> Care of +Providence and all others (even <i>Kings</i> and <i>Princes</i>) +were no otherwise fit to be considered by <i>God Almighty</i>, or +Posterity, than according to their <i>Kindness</i> 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.</p> + +<p>A Genuine <i>Whig</i> is for promoting a <i>general +Naturalization</i>, 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 <i>Person, Substance</i> and <i>Advice</i>. And +if it be a Truth (which few will make a Doubt of) that we are not +one <i>third</i> Part peopled (though we are better so in +Proportion than any other Part of <i>Europe, Holland</i> 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 <i>Tyranny</i>, 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 <i>General Naturalization</i>? Especially when we +consider, that no <i>private</i> 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.</p> + +<p>Experience has shown us the Folly and Falsity of those plausible +Insinuations, that such a Naturalization would take the Bread out +of <i>Englishmen's</i> 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 <i>Demand</i> of the +Manufacture, and the <i>Vent</i> to foreign Parts, and the quicker +<i>Circulation</i> of the <i>Coin</i>. The Consumption of the +<i>Produce</i> both of <i>Land</i> and <i>Industry</i> increases +visibly in Towns full of People; nay, the more shall every +particular industrious Person thrive in such a Place; tho indeed +<i>Drones</i> and <i>Idlers</i> 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 <i>Corporation Towns</i>, 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 <i>Combinations</i> and <i>By-Laws</i>) are at +best at a Stand; very few in a thriving Condition (and those are +where the <i>By-Laws</i> are least <i>restrictive</i>) but +<i>most</i> throughout <i>England</i> fall to visible Decay, whilst +new Villages <i>not</i> 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 <i>Old Sarum</i>, and +will as well deserve to lose their Right of sending Representatives +to Parliament. For certainly a <i>Waste</i> or a <i>Desert</i> 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.</p> + +<p>A <i>Whig</i> is against the raising or keeping up a <i>Standing +Army</i> in Time of Peace: but with this Distinction, that if at +any time an <i>Army</i> (tho even in Time of Peace) shou'd be +necessary to the Support of this very Maxim, a <i>Whig</i> 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 <i>legal Government</i> (yet before the <i>Ferment</i> of +the People was appeas'd) cry down a <i>Standing Army</i> 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 <i>Army</i> is in, or the <i>Cause</i> which it espouses; and +look upon it as an Obstruction to <i>another</i> Sort of Army, +which they shou'd like <i>even in Time of Peace</i>. I say then, +that altho the Maxim in general be certainly <i>true</i>, yet a +<i>Whig</i> (without the just Imputation of having deserted his +Principles) may be for the <i>keeping</i> up such a Standing Army +even in Time of Peace, till the Nation have recover'd its +<i>Wits</i> again, and chuses Representatives who are against +<i>Tyranny in any Hands whatsoever</i>; till the Enemies of our +Liberties want the Power of raising <i>another</i> Army of <i>quite +different Sentiments</i>: for till that time, a <i>Whiggish</i> +Army is the <i>Guardian of our Liberties</i>, and secures to us the +Power of <i>disbanding its self</i>, and prevents the raising of +another of a <i>different Kidney</i>. As soon as this is done +effectually, by my Consent, no such thing as a mercenary Soldier +should subsist in <i>England</i>. And therefore The <i>arming</i> +and <i>training</i> of all the <i>Freeholders</i> of +<i>England</i>, as it is our undoubted ancient Constitution, and +consequently our Right; so it is the Opinion of most <i>Whigs</i>, +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 +<i>Standing</i> Armies of <i>Mercenaries</i> 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 +<i>King</i> that shou'd have a mind to invade them at home, which +perhaps was the Reason some of our late <i>Kings</i> were so averse +to it: And whereas, as the Case now stands, Ten Thousand +disciplin'd Soldiers (once landed) might march without +<i>considerable</i> Opposition from one End of <i>England</i> to +the other; were our <i>Militia</i> well regulated, and +<i>Fire-Arms</i> substituted in the Place of <i>Bills, Bows</i>, +and <i>Arrows</i> (the Weapons in Use when our <i>training Laws</i> +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 <i>Hanibal</i> did the <i>Romans</i>, when he +encamped under the Walls of <i>Rome</i>, even after such a Defeat +as that at <i>Cannæ</i>. And why? Because they were all +<i>train'd</i> Soldiers, they were all <i>Freemen</i> that fought +<i>pro aris & focis</i>: and scorn'd to trust the Preservation +of their Lives and Fortunes to <i>Mercenaries</i> or <i>Slaves</i>, +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 <i>utmost Extremity</i>.</p> + +<p>That this is not only practicable but easy, the modern Examples +of the <i>Swissers</i> and <i>Swedes</i> is an undeniable +Indication. <i>Englishmen</i> have as much <i>Courage</i>, as great +<i>Strength of Body</i>, and <i>Capacity of Mind</i>, as any People +in the Universe: And if our late <i>Monarchs</i> had the +<i>enervating</i> their free Subjects in View, that they might give +a Reputation to <i>Mercenaries</i>, who depended only on the +<i>Prince</i> for their Pay (as 'tis plain they had) I know no +Reason why their Example shou'd be followed in the Days of +<i>Liberty</i>, when there is no such Prospect. The Preservation of +the <i>Game</i> is but a very slender Pretence for omitting it. I +hope no wise Man will put a <i>Hare</i> or a <i>Partridge</i> in +Balance with the <i>Safety</i> and <i>Liberties</i> of +<i>Englishmen</i>; 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.</p> + +<p>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 <i>Scotland</i> are by Law armed just in the +manner we desire to be, and the <i>Union</i> between both Kingdoms +not perfected. For the <i>Militia</i>, 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 <i>Officers</i>) +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 <i>Militia</i>. But for all this, I +can never be persuaded that a <i>Red Coat</i>, and <i>Three Pence</i> a +Day, infuses more Courage into the poor <i>Swaggering +Idler</i>, than the having a Wife and Children, and an Estate to +fight for, with good wholsome Fare in his Kitchen, wou'd into a +<i>Free-born</i> Subject, provided the <i>Freeman</i> were as well +armed and trained as the <i>Mercenary</i>.</p> + +<p>I wou'd not have the <i>Officers</i> and <i>Soldiers</i> of our +most Brave and Honest <i>Army</i> 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 <i>Freeholders</i>) +are most proper for it. Our War must now be an <i>Offensive</i> +War; and what I am pleading for, concerns only the bare +<i>Defensive</i> 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 <i>Queens</i>, I have sometimes doubted, whether +an <i>Anti-Salick Law</i> wou'd be to our Disadvantage.</p> + +<p>Most of these <i>Officers</i> 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 <i>peaceable +Citizens</i> 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 <i>Army</i> to avoid +<i>starving</i>. The <i>Romans</i> 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. +<i>Oliver Cromwell</i> did the like in <i>Ireland</i>, to which we +owe that Kingdom's being a Protestant Kingdom at this Day, and its +continuing subject to the Crown of <i>England</i>; but if it be too +late to think of this Method now, some other must be found out by +the Wisdom of <i>Parliament</i>, which shall fully answer the +End.</p> + +<p>These Officers and Soldiers thus settled and reduced to a +<i>Civil State</i>, wou'd, in a great measure, compose that +invincible <i>Militia</i> 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 <i>Soldiers</i> of <i>Fortune</i>, now they +shou'd defend it as wise and valiant <i>Citizens</i>, as +<i>Proprietors</i> of the Estates they fight for; and this will +gain them the entire Trust and Confidence of all the good People of +<i>England</i>, who, whenever they come to know their own Minds, do +heartily hate <i>Slavery</i>. The Manner and Times of assembling, +with several other necessary Regulations, are only proper for the +<i>Legislative</i> to fix and determine.</p> + +<p>A right <i>Whig</i> lays no Stress upon the <i>Illegitimacy</i> +of the <i>pretended Prince</i> of <i>Wales</i>; he goes upon +another Principle than they, who carry the <i>Right of +Succession</i> so far, as (upon that Score), to undo all Mankind. +He thinks no Prince fit to govern, whose Principle it must be to +<i>ruin</i> the Constitution, as soon as he can acquire unjust +Power to do so. He judges it Nonsense for one to be the <i>Head of +a Church</i>, or <i>Defender of a Faith</i>, 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 <i>Gentleman</i> at <i>St. Germains</i> +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 <i>Arbitrary, +Illegal Power</i> in the Nation, so as to undermine the +Constitution, wou'd incapacitate either King <i>James</i>, King +<i>William</i>, or any other, from being his <i>King</i>, whenever +the <i>Publick</i> has a Power to hinder it.</p> + +<p>As a necessary Consequence of this Opinion, a <i>Whig</i> must +be against <i>punishing the Iniquity of the Fathers upon the +Children</i>, as we do (not only to the <i>Third</i> and <i>Fourth +Generation</i>, but) <i>for ever</i>: since our gracious God has +declared, that he will no more pursue such severe Methods in his +Justice, but that <i>the Soul that sinneth it shall die</i>. 'Tis +very unreasonable, that frail Man, who has so often need of Mercy, +shou'd pretend to exercise higher Severities upon his +<i>Fellow-Creatures</i>, than that Fountain of Justice on his most +wicked <i>revolting Slaves</i>. To corrupt the Blood of a whole +<i>Family</i>, and send <i>all</i> 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 <i>Prince</i>, if their Attempt succeeds, +'tis a <i>Revolution</i>; if not, 'tis call'd a <i>Rebellion</i>: +'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 <i>Offenders</i>, if they can catch +them, without extending the Punishment to <i>innocent Persons</i> +for <i>all Generations</i> to come?</p> + +<p>The Sense of this made the late <i>Bill of Treasons</i> (tho it +reach'd not so far as many wou'd have had it) a Favourite of the +<i>Old Whigs</i>; 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 <i>Whigs</i> +were very unjustly reproach'd by their <i>Brethren</i>, as if by +voting for this Bill, they wilfully exposed the late <i>King's</i> +Person to the wicked Designs of his Enemies.</p> + +<p><i>Lastly</i>, The supporting of Parliamentary Credit, promoting +of all <i>publick Buildings</i> and <i>Highways</i>, the making all +<i>Rivers Navigable</i> that are capable of it, employing the +<i>Poor</i>, suppressing <i>Idlers</i>, restraining +<i>Monopolies</i> upon Trade, maintaining the liberty of the +<i>Press</i>, the just <i>paying</i> and <i>encouraging</i> of all +in the publick Service, especially that best and usefullest Sort of +People the <i>Seamen</i>: These (joined to a firm Opinion, that we +ought not to hearken to any <i>Terms of Peace</i> with the +<i>French King</i>, till it be quite out of his Power to hurt us, +but rather to dye in Defence of our <i>own</i> and the +<i>Liberties</i> of <i>Europe</i>) are all of them Articles of my +<i>Whiggish Belief</i>, and I hope none of them are +<i>heterodox</i>. And if all these together amount to a +<i>Commonwealthsman</i>, 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.</p> + +<p>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 <i>popular</i>; and at the same time +to <i>enforce a Peace</i> with <i>France</i>, before that Kingdom +be reduced to too low a Pitch: fearing, lest that <i>King</i> +shou'd be <i>disabled</i> to accomplish their Scheme of bringing in +the <i>Pretender</i>, and assisting him.</p> + +<p>Now altho 'tis acknowledg'd, that the <i>Taxes</i> lye very +heavy, and <i>Money</i> grows scarce; yet let the <i>Importance</i> +of our <i>War</i> be considered, together with the <i>Obstinacy, +Perfidy</i>, and <i>Strength</i> of our Enemy, can we possibly +carry on such a <i>diffusive</i> War without <i>Money</i> in +Proportion? Are the <i>Queen's</i> Subjects more burden'd to +maintain the publick <i>Liberty</i>, than the <i>French</i> King's +are to confirm their own <i>Slavery</i>? Not so much by three Parts +in four, God be prais'd: Besides, no true <i>Englishman</i> 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 <i>England</i> was a Nation, +never was the publick Money more frugally managed, or more fitly +apply'd. This is a further Mortification to those <i>Gentlemen</i>, +who have <i>Designs</i> in View which they dare not own: For +whatever may be, the <i>plausible</i> and <i>specious</i> 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 <i>James</i> the Third by the Means of Queen +<i>Anne</i>, as I verily believe they once had the Vanity to +imagine.</p> + +<p> </p> + +<div class="figcenter"><img width="30%" src="images/050a.jpg" alt= +"Ornament" /></div> + +<div class="figcenter"><img width="100%" src="images/051b.jpg" alt= +"Ornament" /></div> + +<h1>INDEX</h1> + +<h4>OF THE</h4> + +<h2>CHAPTERS</h2> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<h3>CHAP. I.</h3> + +<ul class="TOC"> +<li><i>The State of</i> Gaul <i>before it was reduced into the Form of +a</i> Roman <i>Province</i><span class="tocright"><a href= +"#CHAP_I">Page 1</a></span></li> +</ul> + +<h3>CHAP. II.</h3> + +<ul class="TOC"> +<li><i>Probable Conjectures concerning the Ancient Language of +the</i> Gauls. <span class="tocright"><a href= +"#CHAP_II">8</a></span></li> +</ul> + +<h3>CHAP. III.</h3> + +<ul class="TOC"> +<li><i>The State of</i> Gaul, <i>after it was reduced into the Form +of a Province by the</i> Romans. <span class="tocright"><a href= +"#CHAP_III">14</a></span></li> +</ul> + +<h3>CHAP. IV.</h3> + +<ul class="TOC"> +<li><i>Of the Original of the</i> Franks, <i>who having possessed +themselves of</i> Gallia, <i>changed its Name into that of</i> +Francia, <i>or</i> Francogallia. <span class="tocright"><a href= +"#CHAP_IV">20</a></span></li> +</ul> + +<h3>CHAP. V.</h3> + +<ul class="TOC"> +<li><i>Of the Name of the</i> Franks, <i>and their sundry +Excursions; and what time they first began to establish a Kingdom +in</i> Gallia. <span class="tocright"><a href= +"#CHAP_V">29</a></span></li> +</ul> + +<h3>CHAP. VI.</h3> + +<ul class="TOC"> +<li><i>Whether the Kingdom of</i> Francogallia <i>was</i> +Hereditary <i>or</i> Elective; <i>and the Manner of making its</i> +Kings. <span class="tocright"><a href="#CHAP_VI">38</a></span></li> +</ul> + +<h3>CHAP. VII.</h3> + +<ul class="TOC"> +<li><i>What Rule was observed concerning the</i> Inheritance <i>of +the Deceased King, when he left more Children than one</i>. <span +class="tocright"><a href="#CHAP_VII">48</a></span></li> +</ul> + +<h3>CHAP. VIII.</h3> + +<ul class="TOC"> +<li><i>Of the</i> Salick <i>Law, and what Right Women had in the +Kings, their Father's Inheritance</i>. <span class="tocright"><a +href="#CHAP_VIII">54</a></span></li> +</ul> + +<h3>CHAP. IX.</h3> + +<ul class="TOC"> +<li><i>Of the Right of Wearing a large</i> Head of Hair <i>peculiar +to the</i> Royal Family. <span class="tocright"><a href= +"#CHAP_IX">58</a></span></li> +</ul> + +<h3>CHAP. X.</h3> + +<ul class="TOC"> +<li><i>The</i> Form <i>and</i> Constitution <i>of the</i> +Francogallican <i>Government</i>. <span class="tocright"><a href= +"#CHAP_X">63</a></span></li> +</ul> + +<h3>CHAP. XI.</h3> + +<ul class="TOC"> +<li><i>Of the</i> Sacred Authority <i>of the</i> Publick Council. +<span class="tocright"><a href="#CHAP_XI">77</a></span></li> +</ul> + +<h3>CHAP. XII.</h3> + +<ul class="TOC"> +<li><i>Of the Kingly Officers, commonly called</i> Mayors <i>of +the</i> Palace. <span class="tocright"><a href= +"#CHAP_XII">85</a></span></li> +</ul> + +<h3>CHAP. XIII.</h3> + +<ul class="TOC"> +<li><i>Whether</i> Pipin <i>was created King by the</i> Pope, <i>or +by the Authority of the</i> Francogallican <i>Council</i>. <span +class="tocright"><a href="#CHAP_XIII">90</a></span></li> +</ul> + +<h3>CHAP. XIV.</h3> + +<ul class="TOC"> +<li><i>Of the</i> Constable <i>and Peers of</i> France. <span +class="tocright"><a href="#CHAP_XIV">97</a></span></li> +</ul> + +<h3>CHAP. XV.</h3> + +<ul class="TOC"> +<li><i>Of the continued</i> Authority <i>and Power of the</i> +Sacred Council, <i>during the Reign of the</i> Carlovingian +<i>Family</i>. <span class="tocright"><a href= +"#CHAP_XV">104</a></span></li> +</ul> + +<h3>CHAP. XVI.</h3> + +<ul class="TOC"> +<li><i>Of the</i> Capevingian <i>Race, and the Manner of its +obtaining the Kingdom of</i> Francogallia. <span class= +"tocright"><a href="#CHAP_XVI">110</a></span></li> +</ul> + +<h3>CHAP. XVII.</h3> + +<ul class="TOC"> +<li><i>Of the</i> uninterrupted Authority <i>of the</i> Publick +Council, <i>during the</i> Capevingian <i>Line</i>. <span class= +"tocright"><a href="#CHAP_XVII">114</a></span></li> +</ul> + +<h3>CHAP. XVIII.</h3> + +<ul class="TOC"> +<li><i>Of the Remarkable</i> Authority <i>of the</i> Council +<i>against</i> Lewis <i>the Eleventh</i>. <span class="tocright"><a +href="#CHAP_XVIII">118</a></span></li> +</ul> + +<h3>CHAP. XIX.</h3> + +<ul class="TOC"> +<li><i>Of the Authority of the Assembly of the</i> States, +<i>concerning the most important Affairs of Religion</i>. <span +class="tocright"><a href="#CHAP_XIX">125</a></span></li> +</ul> + +<h3>CHAP. XX.</h3> + +<ul class="TOC"> +<li><i>Whether</i> Women <i>are not as much debarr'd by the</i> +Francogallican <i>Law from the</i> Administration, <i>as from +the</i> Inheritance <i>of the Kingdom</i>. <span class= +"tocright"><a href="#CHAP_XX">128</a></span></li> +</ul> + +<h3>CHAP. XXI.</h3> + +<ul class="TOC"> +<li><i>Of the</i> Juridical Parliaments <i>in</i> France. <span +class="tocright"><a href="#CHAP_XXI">138</a></span></li> +</ul> + +<div class="figcenter"><img width="30%" src="images/056a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/057a.jpg" alt= +"Ornament" /></div> + +<h4>A</h4> + +<h3>Short EXTRACT</h3> + +<h4>OF THE</h4> + +<h1>LIFE</h1> + +<h4>OF</h4> + +<h2><i>Francis Hotoman</i>,</h2> + +<h4>Taken out of Monsieur <i>Bayle's</i></h4> + +<h4>Hist. Dict. and other Authors.</h4> + +<p><i>FRANCIS HOTOMAN</i> (one of the most learned Lawyers of that Age) was +Born at <i>Paris</i> the 23d of <i>August</i>, 1524. His Family was an Ancient and +Noble one, originally of <i>Breslaw</i>, the Capital of <i>Silesia</i>. <i>Lambert +Hotoman</i>, his Grandfather, bore Arms in the Service of <i>Lewis</i> the 11th +of <i>France</i>, and married a rich Heiress at <i>Paris</i>, by whom he had 18 +Children; the Eldest of which (<i>John Hotoman</i>) had so plentiful an +Estate, that he laid down the Ransom-Money for King <i>Francis</i> the First, +taken at the Battel of <i>Pavia</i>: <i>Summo galliæ bono, summâ +cum suâ laude</i>, says <i>Neveletus</i>, <i>Peter Hotoman</i> his 18th Child, +and [Footnote: <i>Maistre des Eaux & Forrests.</i>] <i>Master of the Waters and +Forests</i> of <i>France</i> (afterwards a Counsellor in the Parliament of +<i>Paris</i>) was Father to <i>Francis</i>, the <i>Author</i> of this Book. He sent his +Son, at 15 Years of Age, to <i>Orleans</i> to study the <i>Common Law</i>; 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 <i>Parliament</i>, 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: <i>Les belles Lettres.</i>] <i>Humanity</i> and the <i>Roman +Laws</i>; 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 <i>France</i>, and to +retire to <i>Lausanne</i> in <i>Swisserland</i> by <i>Calvin</i>'s and <i>Beza</i>'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 <i>French</i> Lady, who had fled her +Country upon the Score of Religion: He afterwards remov'd to +<i>Strasburg</i>, 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 <i>Landgrave</i> of +<i>Hesse</i>, the <i>Duke</i> of <i>Prussia</i>, and the <i>King</i> of <i>Navarre</i>; 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 <i>France</i>, and +the Queen-Mother, to demand Assistance of the Emperor <i>Ferdinand:</i> The +Speech that he made at the Diet of <i>Francfort</i> is still extant. +Afterwards he returned to <i>Strasburg</i>; but <i>Jean de Monluc</i>, the Bishop +of <i>Valence</i>, over-persuaded him to accept of the Professorship of Civil +Law at <i>Valence</i>; of which he acquitted himself so well, that he very +much heighten'd the Reputation of that University. Here he received two +Invitations from <i>Margaret</i> Dutchess of <i>Berry</i>, and Sister to <i>Henry</i> +the Second of <i>France</i>, and accepted a Professor's Chair at <i>Bourges</i>; +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 <i>Parisian</i> Massacre, having much-a-do to escape with +his Life; but having once got out of <i>France</i> (with a firm Resolution +never to return thither again) he took Sanctuary in the House of +<i>Calvin</i> at <i>Geneva</i>, 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. <i>Neveletus</i> says, "That his Reply to those that wou'd +have tempted him, was this: <i>Nunquam sibi propugnatam causam quæ +iniqua esset: Nunquam quæ jure & legibus niteretur desertam +præmiorum spe vel metu periculi</i>."—He afterwards went to +<i>Basel</i> in <i>Swisserland</i>, and from thence (being driven away by the +Plague) to <i>Mountbelliard</i>, where he buried his Wife. He returned then +to <i>Basel</i> (after having refused a Professor's Chair at <i>Leyden</i>) and +there he died of a Dropsy in the 65th Year of his Age, the 12th of +<i>February</i>, 1590.</p> + +<p>He writ a great many learned Books, which were all of them in +great Esteem; and among them an excellent Book <i>de +Consolatione</i>. His <i>Francogallia</i> 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 <i>France</i> had ever produced: This is <i>Thuanus</i> and +<i>Barthius</i>'s Testimony of him. Mr. <i>Bayle</i> indeed passes +his Censure of this Work in the Text of his Dictionary, in these +Words: "<i>Sa Francogallia dont il faisoit grand etat est celuy de +tous ses ecrits que l'on aprouve le moins:</i>"—and in his +Commentary adds, "<i>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>." I wou'd not do any +Injury to so great a Man as Monsieur <i>Bayle</i>; 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 <i>Jurieu</i>, 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 <i>Francogallia</i>; 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: <i>"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."</i> 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 <i>Bayle</i> wou'd +do well to tell us what he means by those Words, <i>Tres indigne +d'un jurisconsulte Francois</i>. Whether a <i>French</i> 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 <i>Teissier</i>'s Judgment of the +<i>Francogallia</i>, and shews, that Monsieur <i>Bayle</i>, and +Monsieur <i>Teissier</i> and <i>Bongars</i>, were <i>Bons +Francois</i> in one and the same Sense. "<i>Son Livre +intitulè, Francogallia, luy attira AVEC RAISON</i> (and this +he puts in great Letters) <i>les blame des bons Francois</i>. For +(says he) therein he endeavours to prove, That <i>France</i>, the +most flourishing Kingdom in <i>Christendom</i>, 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 <i>Electing</i> their Kings belonged to the <i>Estates +of the Kingdom</i>, so likewise did the Right of <i>Deposing</i> +their <i>Princes</i> from their Government. And hereupon he quotes +the Examples of <i>Philip de Valois</i>, of <i>King John</i>, +<i>Charles the Fifth</i>, and <i>Charles the Sixth</i>, and +<i>Lewis the Eleventh</i>: But what he principally insists on, is +to show, That as from Times Immemorial, the <i>French</i> judg'd +Women incapable of Governing; So likewise ought they to be debarr'd +from all Administration of the Publick Affairs."</p> + +<p>This is Mr. <i>Boyle</i>'s Quotation of <i>Teissier</i>, by +which it appears how far <i>Hotoman</i> ought to be blamed by all +<i>true Frenchmen, AVEC RAISON</i>. But provided that +<i>Hotoman</i> proves irrefragably all that he says (as not only +Monsieur <i>Bayle</i> 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 <i>bon Francois</i>, +(which, in good <i>English</i>, is a <i>Lover of his Chains</i>) +that here is any just Reason shewn why <i>Hotoman</i> shou'd be +blam'd.</p> + +<p>Monsieur <i>Teissier</i>, 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 <i>bon Francois</i> dares own so much. He was a +little too careless when he wrote against <i>Hotoman</i>, mistaking +one of his Books for another; <i>viz</i>. his Commentary <i>ad +titulum institutionum de Actionibus</i>, for his little Book <i>de +gradibus cognationis</i>; both extremely esteemed by all learned +Men, especially the first: Of which Monsieur <i>Bayle</i> gives +this Testimony: "<i>La beauté du Stile, & la +connoissance des antiquités Romaines eclatoient dans cet +Ouvrage, & le firent fort estimer</i>."</p> + +<p><i>Thuanus</i>, 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 <i>James Lectius</i>, a famous Lawyer, +after they had been review'd and corrected by the Author. +<i>Barthius</i> says, that he excelled in the Knowledge of the +Civil Law, and of all genteel Learning [Footnote: <i>Belles +Literature</i>] <i>Ceux la mesmes qui ont ecrits contre luy</i> +(says <i>Neveletus</i>) <i>tombent d'accord quil avoit beaucoup de +lecture & une profonde Erudition</i>."</p> + +<p>The Author of the <i>Monitoriale adversus Italogalliam</i>, +which some take to be <i>Hotoman</i> himself, has this Passage +relating to the <i>Francogallia</i>: "Quomodo potest aliquis et +succcensere qui est tantum relator & narrator facti? +<i>Francogallista</i> enim tantum narrationi & relationi +simplici vacat, quod si aliena dicta delerentur, charta remaneret +alba."</p> + +<p>It was objected to him, that he unawares furnish'd the Duke of +<i>Guise</i> and the <i>League</i> at <i>Paris</i> 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 <i>Hotoman</i> +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 <i>Estates of France</i> had such a +fundamental Power lodg'd in them; who can help it, if the Writers +for the <i>League</i> made use of Hotoman's Arguments to support a +wrong Cause? And this may suffice to remove this Imputation from +his Memory.</p> + +<p>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. <i>Basilius Amerbachius</i> assisted him +during his last Sickness, and <i>James Grinæus</i> made his +Funeral-Sermon. He left two Sons behind him, <i>John</i> and +<i>Daniel</i>; 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 <i>Europe</i>.</p> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/065a.jpg" alt= +"Ornament" /></div> + +<h4>Explication of the <i>Roman</i> Names</h4> + +<h4>mention'd by <i>Hotoman</i>.</h4> + +<table cellpadding="2" cellspacing="2" border="0" summary="Explication +of Roman Names" +style="text-align: left; width: 90%; margin-left: auto; margin-right: auto;"> + +<tbody> +<tr> +<td class="cell_lt1"> +<p class="one"><i>Ædui</i></p> +</td> +<td class="cell_rt1"> +<p class="one">People of <i>Chalons</i> and <i>Nevers</i>, of +<i>Autun</i> and <i>Mascon</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Agrippina Colonia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Cologn</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Arverni</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Auvergne</i> and <i>Bourbonnais</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Armorica</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Bretagne</i> and <i>Normandy</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Aquitani</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Guienne</i> and <i>Gascogn</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Atrebates</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Artois</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Attuarii</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Aire</i> in <i>Gascogn</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Augustodunum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Autun</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Aureliani</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Orleans</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Aquisgranum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Aix la Chapelle</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Ambiani</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Amiens</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Alsaciones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Alsace</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Bigargium</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Bigorre forté</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Bibracte</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Bavray</i>, in the Diocese of <i>Rheims</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Bituriges</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Bourges</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Carisiacum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Crecy</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Cinnesates</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. on the Sea-Coast, between the <i>Elb</i> and the +<i>Rhine</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Carnutes</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Chartres</i> and <i>Orleans</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Ceutrones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Liege</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"><i>Ceutones</i>,</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Tarentaise</i> in <i>Savoy</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Condrusii</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of the <i>Condros</i> in <i>Flanders</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Dusiacum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>non liquet</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Eburones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of the Diocese of <i>Liege</i>, and of +<i>Namur</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Gorduni,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. about <i>Ghent</i> and <i>Courtray</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Grudii,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Lovain</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Hetrusci,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Tuscany</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Laudunum,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Laon</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Lexovium,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Lisieux</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Lentiates,</p> +</td> +<td class="cell_rt1"> +<p class="one">People about <i>Lens</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one">Levaci,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Hainault</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Leuci</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Metz</i>, <i>Toul</i> and +<i>Verdun</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Lingones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Langres</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Lugdunum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Lyons</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Lutetia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Paris</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Massilia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Marseilles</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Marsua</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>non liquet</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Nervii</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Hainault</i> and <i>Cambray</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Nitiobriges</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Agenois</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Novemopulonia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Gascony</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Noviomagum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Nimeguen</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Pannonia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Hungary</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Pleumosii</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Tornay</i> and <i>Lisle</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Rhatia</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>Swisserland</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Rhemi</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Rheims</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Senones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Sens</i> and <i>Auxerre</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Sequani</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Franche Comté</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Sequana</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">the River <i>Seine</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Suessiones</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Soissons</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Trecassini</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Tricasses</i> in <i>Champagne</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Treviri</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Triers</i>, and Part of +<i>Luxemburg</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Toxandri</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Zealand</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Tolbiacum</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>non liquet</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Vencti</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Vannes</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Vesontini</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one">P. of <i>Besançon</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Ulbanesses</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>non liquet</i>.</p> +</td> +</tr> + +<tr> +<td class="cell_lt1"> +<p class="one"><i>Witmarium</i>,</p> +</td> +<td class="cell_rt1"> +<p class="one"><i>non liquet</i>.</p> +</td> +</tr> +</tbody> +</table> + +<p> </p> + +<h3><i>The Author's Preface.</i></h3> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p class="one">To the most Illustrious and Potent Prince <i>FREDERICK</i>, +Count Palatine of the <i>Rhine</i>, Duke of <i>Bavaria</i>, &c. +First Elector of the <i>Roman</i> Empire, His most Gracious Lord, +<i>Francis Hotoman</i>, wishes all Health and Prosperity.</p> + +<p><i>'Tis an old Saying, of which</i> Teucer <i>the Son of</i> +Telamon <i>is the supposed Author, and which has been approved of +these many Ages</i>, A Man's Country is, where-ever he lives at +Ease. [Footnote: <i>Patria est ubicunq; est bene.</i>] <i>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</i> Parents. <i>'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</i> Cynicks <i>and</i> Epicureans; +<i>whence that detestable Saying proceeded</i>, When I am dead, let +the whole World be a Fire. <i>Which is not unlike the Old +Tyrannical Axiom</i>; Let my Friends perish, so my Enemies fall +along with them. [Footnote: <i>Me mortuo terra misceatur incendio. +Pereant amici dum una inimici intercidant.</i>] <i>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</i> Homer <i>describes in</i> Ulysses, <i>who +preferred</i> Ithaca, <i>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</i> Calypso <i>offer'd him</i>.</p> + +<div class="poem"> +<div class="stanza"> +<div class="i0">Nescio quâ natale Solum dulcedine cunctos</div> +<div class="i0">Ducit, & immemores non finit esse sui:</div> +</div> +</div> + +<p><i>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</i>.</p> + +<p><i>But a Man may sometimes say, My</i> Country <i>is grown</i> +mad <i>or</i> foolish, <i>(as</i> Plato <i>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</i> other +Folks <i>Faults to our innocent</i> Country. <i>There have been may +cruel</i> Tyrants <i>in</i> Rome <i>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</i> Macrinus <i>is particularly +memorable; who as</i> Julius Capitolinus <i>writes, was +nicknamed</i> Macellinus, <i>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</i> Capitolinus <i>tells us) were stil'd, one</i> Cyclops, +<i>another</i> Busiris, <i>a 3d</i> Sciron, <i>a 4th</i> Tryphon, +<i>a 5th</i> Gyges. <i>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.</i></p> + +<p><i>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</i> Germany <i>situate on the</i> +Rhine. <i>During which time, 'tis scarce conceivable what a general +Tranquility, what a Calm (as in a smooth Sea) has reigned in the +whole</i> Palatinate; <i>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</i>; Macte Virtute; <i>not in +the Sense which</i> Seneca <i>tells us the</i> Romans <i>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</i> Macellinus's: <i>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</i> Germany <i>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</i>.</p> + +<p><i>There was indeed a Time, when young Gentlemen, desirous of +Improvement, flock'd from all Parts to the Schools and Academies of +our</i> Francogallia, <i>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</i> Nero <i>was of flaming</i> Rome<i>) 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></p> + +<p><i>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</i> French <i>and</i> German <i>Historians +that treat of our</i> Francogallia, <i>and collected out of their +Works a true State of our</i> Commonwealth; <i>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.</i></p> + +<p><i>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</i> Cause <i>as +the</i> Beginning <i>of our Mischiefs. And</i> Polybius, <i>that +grave judicious Historian, teaches us, in the first place, to +distinguish the</i> Beginning <i>from the</i> Cause <i>of any +Accident. Now I affirm the</i> Cause <i>to have been that great +Blow which our Constitution received about 100 Years ago from that</i> +[Footnote: Lewis <i>the</i> XI.] <i>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.</i></p> + +<p><i>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</i> Prince; <i>May the great God Almighty +for ever bless and prosper your most noble Family.</i></p> + +<p class="two">Your Highness's most Obedient,</p> + +<p>12 Kal. Sep. 1574.</p> + +<p class="two"><i>Francis Hotoman</i>.</p> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/073a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="Francogallia" id="Francogallia" />Francogallia.</h2> + +<p> </p> + +<h2><a name="CHAP_I" id="CHAP_I" />CHAP. I.</h2> + +<p class="one"><i>The State of</i> Gaul, <i>before it was reduced +into a</i> Province <i>by the</i> Romans.</p> + +<p>My Design being to give an Account of the Laws and Ordinances of +our <i>Francogallia</i>, as far as it may tend to the Service of +our <i>Commonwealth</i>, in its present Circumstances; I think it +proper, in the first place, to set forth the State of <i>Gaul</i>, +before it was reduced into the Form of a <i>Province</i> by the +<i>Romans</i>: For what <i>Cæsar, Polybius, Strabo, Ammianus</i>, +and other Writers have told us concerning the <i>Origin, +Antiquity</i> and <i>Valour</i> of that People, the Nature and +Situation of their Country, and their private Customs, is +sufficiently known to all Men, tho' but indifferently learned.</p> + +<p>We are therefore to understand, that the State of <i>Gaul</i> +was such at that time, that neither was the <i>whole</i> under the +Government of a <i>single Person</i>: Nor were the particular +[Footnote: <i>Civitas</i>, a Commonwealth.] <i>Commonwealths</i> +under the Dominion of the <i>Populace</i>, or the <i>Nobles</i> +only; but all <i>Gaul</i> was so divided into <i>Commonwealths</i>, +that the most Part were govern'd by the <i>Advice</i> of the +<i>Nobles</i>; and these were called <i>Free</i>; the rest had +<i>Kings</i>. But every one of them agreed in this +<i>Institute</i>, that at a certain Time of the Year a <i>publick +Council</i> of the whole Nation should be held; in which +<i>Council</i>, whatever seem'd to relate to the whole <i>Body</i> +of the <i>Commonwealth</i> was appointed and establish'd. +<i>Cornelius Tacitus</i>, in his 3d Book, reckons Sixty-four +<i>Croitates</i>; by which is meant (as <i>Cæsar</i> explains it) +so many Regions or Districts; in each of which, not only the same +<i>Language, Manners</i> and <i>Laws</i>, but also the same +<i>Magistrates</i> were made use of. Such, in many Places of his +History, he principally mentions the Cities of the <i>Ædui</i>, +the <i>Rhemi</i> and <i>Arverni</i> to have been. And therefore +<i>Dumnorix</i> the <i>Æduan</i>, when <i>Cæsar</i> sent to have +him slain, began to resist, and to defend himself, and to implore +the Assistance of his <i>Fellow Citizens</i>; often crying out, +That he was a <i>Freeman</i>, and Member of a <i>Free +Commonwealth</i>, lib. 5. cap. 3.</p> + +<p>To the like purpose Strabo writes in his Fourth Book: [Footnote: +Ἀριστοκρατικαὶ +δ' ἦσαν αἱ +πλείους +τῶν +πολιτειῶν, +ἔνα δ' +ἡγεμόνα +ἡρούντο κατ' +ἐνιαυτόν τὸ +παλαιόν ὡς +δ' αὕτως +εἰς +πόλεμον ἐἷς +ὑπὸ τοῦ +πλήθους +ἀπεδείκνυτο +στρατηγός.] +"<i>Most</i> of the <i>Commonwealths</i> (says he) were govern'd by +the <i>Advice</i> of the <i>Nobles</i>: but every <i>Year</i> they +anciently chose a <i>Magistrate</i>; as also the People chose a +<i>General</i> to manage their Wars." The like <i>Cæsar</i>, lib. +6. Cap. 4. writes in these Words: "Those <i>Commonwealths</i> 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 <i>Commonwealth</i>, he ought +to inform the <i>Magistrates</i> of it, and communicate it to no +body else. The <i>Magistrates</i> conceal what they think proper, +and acquaint the Multitude with the rest: For of Matters relating +to the <i>Community</i>, it was not permitted to any Person to talk +or discourse, but in <i>Council</i>."—Now concerning +this <i>Common Council</i> of the whole Nation, +we shall quote these few Passages out of <i>Cæsar</i>. "They +demanded, (says he) <i>lib.</i> 1. <i>cap.</i> 12. a <i>General +Council</i> of <i>all Gallia</i> to be summon'd; and that this +might be done by <i>Cæsar</i>'s Consent." Also, <i>lib.</i> 7. +<i>cap.</i> 12.—"a <i>Council</i> of all <i>Gallia</i> was +summon'd to meet at <i>Bibracte</i>; and there was a vast Concourse +from all Parts to that Town."—And <i>lib.</i> 6. <i>cap.</i> +1—"<i>Cæsar</i> having summon'd the <i>Council</i> of <i>Gaul</i> +to meet early in the Spring, as he had before determin'd: Finding +that the <i>Senenes, Carnates</i> and <i>Treviri</i> came not when +all the rest came, he adjourned the <i>Council</i> to +Paris."—And, <i>lib</i> 7. <i>cap.</i> 6. speaking of +<i>Vercingetorix</i>,—"He promis'd himself, that he shou'd be +able by his Diligence to unite such <i>Commonwealths</i> to him as +dissented from the rest of the Cities of <i>Gaul</i>, and to form a +<i>General Council</i> of all <i>Gallia</i>; the Power of which, +the whole World should not be able to withstand."</p> + +<p>Now concerning the <i>Kings</i> which ruled over certain Cities +in <i>Gallia</i> the same Author makes mention of them in very many +Places; Out of which this is particularly worthy our Observation: +That it was the <i>Romans</i> Custom to caress all those +<i>Reguli</i> 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 <i>Commonwealths</i>. These they +joined with in Friendship and Society, and by most honourable +publick Decrees called them their <i>Friends</i> and +<i>Confederates</i>: And many of these <i>Kings</i> purchased, at a +great Expence, this Verbal Honour from the <i>Chief Men</i> of +<i>Rome</i>. Now the <i>Gauls</i> called such, <i>Reges</i>, or +rather <i>Reguli</i>, 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 <i>Dukes, Earls</i>, and +<i>Marquisses</i>.</p> + +<p>Of the <i>Commonwealths</i> or <i>Cities</i>, some were much +more potent than others; and upon these the lesser +<i>Commonwealths</i> depended; these they put themselves under for +Protection: Such weak Cities <i>Cæsar</i> sometimes calls the +<i>Tributaries</i> and <i>Subjects</i> of the former; but, for the +most part he says, they were in <i>Confederacy</i> with them. +<i>Livius</i> writes, <i>lib. 5</i>. that when <i>Tarquinius +Priscus</i> reigned in <i>Rome</i>, the <i>Bituriges</i> had the +principal Authority among the <i>Celtæ</i>, and gave a <i>King</i> +to them. When <i>Cæsar</i> first enter'd <i>Gaul</i>, A.U.C. 695. +he found it divided into Two Factions; the <i>Ædui</i> were at the +Head of the one, the <i>Arverni</i> of the other, who many Years +contended for the Superiority: But that which greatly increas'd +this Contention, was, Because the <i>Bituriges</i>, who were next +Neighbours to the <i>Arverni</i>, were yet <i>in file & +imperio</i> that is, Subjects and Allies to the <i>Ædui</i>. On +the other hand, the <i>Sequani</i> (tho' Borderers on the +<i>Ædui</i>) were under the Protection of the <i>Arverni</i>, lib. +1. Cap. 12. lib. 6. cap. 4. The <i>Romans</i> 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 <i>Ædui</i>, whom (with a great +many Compliments) they titled <i>Brothers and Friends of the People +of Rome</i>. Under the Protection and League of the <i>Ædui</i>, I +find to have been first the <i>Senones</i>, with whom some time +before the <i>Parisians</i> had join'd their <i>Commonwealth</i> in +League and Amity. Next, the <i>Bellouaci</i>, who had nevertheless +a great City of their own, abounding in Numbers of People, and were +of principal Authority and Repute among the <i>Belgæ</i>, lib. 2. +cap. 4. and lib. 7. cap. 7. <i>Cæsar</i> reckons the +<i>Centrones</i>, <i>Grudii</i>, <i>Levaci</i>, <i>Pleumosii</i>, +<i>Gordunni</i>, under the Dominion of the <i>Nervii</i>, lib. 5. +cap. 11. He names the <i>Eburones</i> and <i>Condrasii</i> as +Clients of the <i>Treviri</i>, lib. 4. cap. 2. And of the +<i>Commonwealth</i> of the <i>Veneti</i> (these are in +<i>Armorica</i> or <i>Brittanny</i>) he writes, that their +Domination extended over all those Maritime Regions; and that +almost all that frequented those Seas were their Tributaries, +<i>lib.</i> 3. <i>cap.</i> 2. But the Power of the <i>Arverni</i> +was so great, that it not only equall'd that of the Ædui, but a +little before <i>Cæsar</i>'s Arrival, had got most of their +Clients and Dependents from them, <i>lib.</i> 6 <i>cap.</i> 4. +<i>lib.</i> 7. <i>cap.</i> 10. Whereupon, as Strabo writes in his +4th Book, they made War against <i>Cæsar</i> with Four hundred +thousand Men under the Conduct of their General +<i>Vercingetorix</i>. These were very averse to Kingly Government: +So that <i>Celtillus</i>, Father to <i>Vercingetorix</i>, a Man of +great Power and Reputation (reckon'd the first Man in all +<i>Gaul</i>,) was put to Death, by <i>Order</i> of his +<i>Commonwealth</i>, for aspiring to the <i>Kingdom</i>. The +<i>Sequani</i>, on the other hand, had a King, one +<i>Catamantales</i>, to whom the <i>Romans</i> gave the Title of +their <i>Friend</i> and <i>Ally</i>, lib. 1. cap. 2. Also the +<i>Suessiones</i>, 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 <i>Divitiacus</i>, the +most potent Prince of all <i>Gallia</i> for their King; he had not +only the Command of the greatest Part of <i>Belgæ</i>, but even of +<i>Britanny</i>. At <i>Cæsar</i>'s Arrival they had one +<i>Galba</i> for their King, <i>lib.</i> 2. <i>cap.</i> 1. In +<i>Aquitania</i>, the <i>Grandfather</i> of one <i>Piso</i> an +<i>Aquitanian</i> reigned, and was called <i>Friend</i> by the +People of <i>Rome</i>, lib. 4. cap. 3. The <i>Senones</i>, a People +of great Strength and Authority among the <i>Gauls</i>, had for +some time <i>Moritasgus</i> their King; whose Ancestors had also +been Kings in the same Place, <i>lib.</i> 5. <i>cap.</i> 13. The +<i>Nitiobriges</i> or <i>Agenois</i>, had <i>Olovico</i> for their +King; and he also had the Appellation given him of <i>Friend</i> by +the <i>Senate</i> of <i>Rome</i>, lib. 7. cap. 6.</p> + +<p>But concerning all these Kingdoms, one thing is remarkable, and +must not lightly be past by; which is That <i>they were not +hereditary</i>, but <i>conferr'd</i> by the <i>People</i> upon such +as had the Reputation of being just Men. Secondly, That they had no +<i>arbitrary</i> or <i>unlimited Authority</i>, but were bound and +<i>circumscribed</i> by <i>Laws</i>; 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 <i>Kingdoms</i> seem'd +nothing else but <i>Magistracies for Life</i>. For Cæsar makes +mention of several <i>private Men</i>, whose <i>Ancestors</i> had +formerly been <i>such Kings</i>; among these he reckons +<i>Casticus</i>, the Son of <i>Catamantales</i>, whose Father had +been King of the <i>Sequani</i> many Years, <i>lib.</i> 1. +<i>cap.</i> 2. and <i>Piso</i> the <i>Aquitanian</i>, lib. 4. cap. +3. also <i>Tasgetius</i>, whose Ancestors had been Kings among the +<i>Carnutes</i>, lib. 5. cap. 8.</p> + +<p>Now concerning the Extent of their <i>Power</i> and +<i>Jurisdiction</i>, he brings in <i>Ambiorix</i>, King of the +<i>Eburones</i>, giving an account of it, <i>lib.</i> 5. +<i>cap.</i> 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. <i>Non minus habet in me juris multitudo, +quam ipse in multitudinem</i>." Which Form of Government, <i>Plato, +Aristotle, Polybius</i> and <i>Cicero</i> have for this Reason +determined to be the <i>best</i> and <i>most Excellent</i>: +"Because (says <i>Plato</i>) 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."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_II" id="CHAP_II" />CHAP. II.</h2> + +<p class="one"><i>Probable Conjectures concerning the</i> ancient +Language <i>of the</i> Gauls.</p> + +<p>In this Place it seems proper to handle a Question much disputed +and canvass'd by Learned Men; <i>viz</i>. 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, <i>Cæsar</i>, as I +said before, has at large given us an account. In the first place +we ought to take notice, that <i>Cæsar</i>, in the Beginning of his +Commentaries, where he divides the Gauls into Three Nations, the +<i>Belgæ</i>, the <i>Aquitanæ</i>, and the <i>Celtæ</i>, tells +us they all differ'd, not only in their <i>Customs</i>, but in +their <i>Language</i>: [Footnote: αλλ +ένίους +μικρόν +παραλλάττοντας +ταϊς +γλώτταις] Which also +<i>Strabo</i> confirms, <i>lib.</i> 4. where he says they were not +όμογλώττους +of one Language, but a little differing in their Languages. And the +same thing <i>Ammianus Marcellinus</i> testifies in his 15th Book. +But what many Learned Men (especially of our own Country) have +maintain'd, <i>viz</i>. That the <i>Gauls</i> commonly used the +<i>Greek Tongue</i>, may be refuted by this single Instance which +<i>Cæsar</i> takes notice of <i>lib.</i> 5. <i>cap.</i> 12. That +when <i>Q. Cicero</i> was besieged in his Camp, he dispatched +Letters written in the <i>Greek</i> Language, "<i>Lest (if they +were intercepted) his Designs shou'd be discover'd by the</i> +Gauls." But to this some object, what <i>Strabo</i> writes, +<i>lib.</i> 4. <i>viz</i>. "That all Sorts of good Literature (and +especially that of the <i>Greek Language</i>) flourish'd at +<i>Marseilles</i> to such a degree, that the <i>Gauls</i>, by +the Example of the <i>Massilians</i>, were mightily delighted with +the <i>Greek</i> 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 <i>Gauls</i> +learnt <i>Greek</i> by the Example of the <i>Massilians</i>, 'tis +plain, 'twas none of their Mother-tongue. Secondly, <i>Strabo</i> +in the same place clearly shows us, that the Fashion of writing +their Contracts in <i>Greek</i> began but in his Time, when all +<i>Gallia</i> was in Subjection to the <i>Romans</i>. Besides, he +speaks precisely only of those <i>Gauls</i> who were Borderers and +next Neighbours to the <i>Massilians</i>, 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 <i>Massilia</i> to instruct their Youth.</p> + +<p>It remains that we shou'd clear that place in <i>Cæsar</i>, +where he tells us the <i>Gauls</i>, in their publick and private +Reckonings, <i>Græcis literis usos fuisse</i>. But let us see +whether the word <i>Græcis</i> in that place ought not to be left +out, not only as <i>unnecessary</i> but <i>surreptitious</i>. Since +it was sufficient to express <i>Cæsar</i>'s Meaning to have said, +that the <i>Gauls</i> made no use of <i>Letters</i> or +<i>Writing</i> in the Learning of the <i>Druids</i>, but in all +other Matters, and in publick and private Accounts, they did make +use of <i>Writing</i>: For <i>uti litteris, to use Letters</i>, is +a frequent Expression for <i>Writing</i> among Latin Authors. +Besides, it had been a Contradiction to say the <i>Gauls</i> were +unskill'd in the <i>Greek</i> Tongue, as <i>Cæsar</i> had averr'd +a little before; and afterwards to say, that they wrote all their +publick and private Accounts in <i>Greek</i>. As to what many +suppose, that the words <i>literis Græcis</i> in that place, are +not to be taken for <i>Writing Greek</i>, but only for the +<i>Characters</i> of the <i>Letters</i>; I can less approve of this +Explanation than the former; because though many ancient Writers +(as we just now said) frequently used the Expression, <i>Uti +litteris</i> for <i>Scribere</i>; yet I never observ'd, that any of +them ever used it to signify the <i>Forms</i> and <i>Fashions</i> +of the <i>Characters</i>. Neither does it make at all for their +Opinion, what <i>Cæsar</i> says in the First Book of his +Commentaries, <i>viz</i>. That there were found in the +<i>Helvetian</i> Camp, Tablets, <i>literis Græcis conscriptas</i>; +as if the same Person, who had learnt to make use of the <i>Greek +Forms</i> of <i>Characters</i>, might not as easily have learnt the +<i>Greek Language</i>; or as if there might not be among the +<i>Helvetii</i>, <i>Priests</i> or <i>Gentlemens Sons</i>, who +might then have learnt <i>Greek</i>, as our's now learn +<i>Latin</i>; <i>Greek</i> being at that Time a Language in Vogue +and Esteem. The very Neighbourhood of the School of <i>Massilia</i> +is sufficient to confute that Opinion: And therefore <i>Cæsar</i>, +when he speaks of his own Letter to <i>Cicero</i>, tells us, he +sent that Letter written in <i>Greek Characters</i>, lest (in case +it were intercepted) his Designs shou'd be discover'd by the Enemy. +<i>Justinius</i>, lib. 20. says, there was a Decree of the Senate +made, that no <i>Carthaginian</i>, after that Time, shou'd study +the [Footnote: <i>Græcis literas</i>.] <i>Greek Language</i> or +<i>Writing</i>, lest he shou'd be able to speak or write to the +Enemy without an Interpreter. <i>Tacitus</i>, in his Book <i>de +moribus Germanorum</i>, tells us, that several Tombs and Monuments +were yet to be seen in the Confines of <i>Germany</i> and +<i>Swisserland</i> with <i>Greek</i> Inscriptions on them. +<i>Livius</i>, lib. 9. says, The <i>Roman</i> Boys formerly studied +the <i>Tuscan</i> Language, as now they do the <i>Greek</i>. And in +his 28th Book,—"<i>Hanibal</i> erected an Altar, and +dedicated it with a large Inscription of all his Atchievements, in +the <i>Greek</i> and <i>Punick</i> Tongues. <i>Idem Lib</i>. 40. +Both Altars and Inscriptions on them in the <i>Greek</i> and +<i>Latin</i> Tongues." Lastly, I cannot imagine, that <i>Cæsar</i> +wou'd have expressed himself (if he had meant, as these wou'd have +him) <i>Græcis literis scribere</i>; but rather, <i>Græcarum +literarum formâ</i>, as we see in <i>Tacitus</i>, Lib. 11. +"<i>Novas literarum formas addidit</i>." He added new Characters of +Letters: Having found, that the <i>Greek</i> Literature was not +begun and perfected at once. And again,—"<i>Et forme literis +latinis quæ veterrimis Græcorum</i>, &c."</p> + +<p>Now lest any body shou'd wonder, how the Word <i>Græcis</i> +crept into <i>Cæsar</i>'s Text, I will instance you the like +Mischance in <i>Pliny</i>, <i>lib.</i> 7. <i>cap.</i> 57. where +'tis thus written,—"<i>Gentium consensus tacitus primum +omnium conspiravit ut</i> IONUM <i>literis uterentur</i>." And +afterwards,—"<i>Sequens gentium consensus in tonsoribus +fuit</i>." And again,—"<i>Tertius consensus est in Horarum +observatione</i>." Now who is there that sees not plainly the Word +IONUM ought to be left out, as well because 'tis apparently +unnecessary, (for <i>Pliny</i> 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 <i>Ionian</i> +Letters were the first invented; as <i>Pliny</i> himself in his +foregoing Chapter, and <i>Tacitus</i>, <i>lib.</i> 11. have told +us? I have observed however two Places, (<i>Gregorius +Turonensis</i>, lib. 5. and <i>Aimoinus</i>, lib. 3. cap. 41.) +wherein 'tis intimated, that the <i>Gauls</i> used the <i>Forms</i> +of the <i>Greek</i> Letters: For where they speak of King +<i>Chilperick</i>,—"<i>He added</i> (say they) <i>some +Letters to our Letters</i>; and those were, ω, ψ, ζ, φ; +and sent Epistles to the several Schools in his Kingdom, that the +Boys should be so taught." <i>Aimoinus</i> mentions only three +Letters, χ, θ, φ. But we must understand, that these +were <i>Franks</i>, not <i>Gauls</i>; or rather +<i>Franco-gauls</i>, who made use of their own native Language, the +<i>German</i> Tongue; not that ancient Language of the +<i>Gauls</i>, which had grown out of use under the <i>Roman</i> +Government: Besides, if the <i>Francogalli</i> had made use of the +<i>Greek</i> 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 +<i>Gauls</i> spoke the <i>German</i> Language, <i>Cæsar</i> +confutes it in that single place, wherein he tells us, that +<i>Ariovistus</i>, by Reason of his long Conversation in +<i>Gallia</i>, spoke the <i>Gallick</i> Tongue.</p> + +<p>Now for two Reasons their Opinion seems to me to be most +probable, who write, that the <i>Ancient Gauls</i> had a peculiar +Language of their own, not much differing from the <i>British</i>: +First, because <i>Cæsar</i> tells us it was the Custom for these +<i>Gauls</i> who had a mind to be thoroughly instructed in the +Learning of the <i>Druyds</i>, to pass over into <i>Britain</i>; +and since the <i>Druyds</i> made no use of Books, 'tis agreeable to +Reason, that they taught in the same Language which was used in +<i>Gallia</i>. Secondly, because <i>Tacitus</i> in his Life of +<i>Agricola</i>, writes, that the Language of the <i>Gauls</i> and +<i>Britains</i> differ'd but very little: neither does that +Conjecture of <i>Beatus Rhenanus</i> seem unlikely to me, who +believes the Language which is now made use of in <i>Basse +Bretayne</i> [<i>Britones Britonantes</i>] 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 <i>Romans</i>, as every one that understands +<i>Latin</i> ever so little, may observe: For besides, that the +<i>Gauls</i> being subject to the <i>Romans</i>, wou'd naturally +fall into their Customs and Language, 'tis manifest that the +<i>Romans</i> 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 <i>Autan, +Besancon, Lyons</i>, &c. as <i>Valerius Maximus, Tacitus</i>, +and <i>Ausonius</i> tell us. The other half of it may be subdivided +thus. One third of it we hold from the <i>Ancient Gauls</i>, +another from the <i>Franks</i>, and the last from the <i>Greek</i> +Language: For it has been demonstrated long since by many Authors, +that we find innumerable <i>Frank</i> (that is, <i>German</i>) +Words (as we shall hereafter prove) in our daily Speech. And +several learned Men have shewn us, that many <i>Greek</i> Words are +adapted to our common Use, which we do not owe to the Learning and +Schools of the <i>Druyds</i>, (who I believe spoke no +<i>Greek</i>); but to the Schools and Conversation of the +<i>Massilians</i>, whom we formerly mentioned.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_III" id="CHAP_III" />CHAP. III.</h2> + +<p class="one"><i>The State of</i> Gaul, <i>after it was reduced +into the form of a</i> Province <i>by the</i> Romans.</p> + +<p>'Tis very well known to all learned Men, that <i>Gaul</i>, after +having been often attempted with various Success, during a ten +Years War, and many Battels, was at last totally subdued by +<i>Cæsar</i> 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 <i>Great Beast</i>, as it is called in Scripture, +with which however they so strove for Empire for eight hundred +Years, (as <i>Josephus</i> informs us) that no Wars with any other +Nation, so much terrified <i>Rome</i>. And <i>Plutarch</i> in his +Lives of <i>Marcellus</i> and <i>Camillus; Appian</i> in his 2d +Book of the Civil Wars; <i>Livius, lib</i>. 8. & 10. have +recorded, that the <i>Romans</i> were so afraid of the +<i>Gauls</i>, 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 <i>Gauls:</i> which <i>Cicero</i> takes notice of in his +2d <i>Philippick</i>. <i>Cæsar</i> himself in his 6th Book, and +after him <i>Tacitus</i>, lib. <i>de moribus Germanorum</i>, do +testify, That there was a time wherein the <i>Gauls</i> excell'd +the <i>Germans</i> in Valour, and carried the War into their +Territories, settling Colonies (by reason of their <i>great</i> +Multitudes of People) beyond the <i>Rhine</i>.</p> + +<p>Now <i>Tacitus</i> in his Life of <i>Agricola</i>, attributes, +the <i>Loss</i> of this their so remarkable <i>Valour</i>, to the +<i>Loss</i> of their Liberty. <i>"Gallos in bellis floruisse +accepimus, mox segnities cum otio intravit, amissa</i> Virtute +<i>pariter ac</i> 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 <i>Gauls</i>, mentioned by +<i>Justin, lib.</i> 24.—"The <i>Gauls</i> (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 <i>Italy</i>; who both took and burnt the City of <i>Rome</i>. +Another part penetrated as far as the Shores of <i>Dalmatia</i>, +destroying infinite Numbers of the <i>Barbarians</i>, and settled +themselves at last in <i>Pannonia</i>. A hardy bold and warlike +Nation; who ventured next after <i>Hercules</i>, (to whom the like +Attempt gave a Reputation of extraordinary Valour, and a Title to +Immortality) to cross those almost inaccessible Rocks of the +<i>Alps</i>, and Places scarce passable by Reason of the Cold: +Where after having totally subdued the <i>Pannonians</i> 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 <i>Græcia</i> some to +<i>Macedonia</i>, destroying all before them with Fire and Sword. +And so great was the Terror of the Name of the <i>Gauls</i>, 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 <i>Gauls</i> at that time, that like a Swarm they fill'd all +<i>Asia</i>. So that none of the <i>Eastern</i> Kings either +ventured to make War without a mercenary Army of <i>Gauls</i>, or +fled for Refuge to other than the <i>Gauls</i>, when they were +driven out of their Kingdoms." And thus much may suffice concerning +their warlike Praises and Fortitude, which (as <i>Tacitus</i> tells +us) was quite <i>gone, as soon as they lost their Liberty</i>. Yet +some Cities, or <i>Commonwealths</i>, (as <i>Plinius, lib. 4. cap. +11.</i> tells us) were permitted to continue free, after the +<i>Romans</i> had reduced <i>Gallia</i> to the Form of a Province. +Such were the <i>Nervii</i>, <i>Ulbanesses</i>, <i>Suessiones</i> +and <i>Leuci</i>. Also some of the Confederates: and among these he +reckons the <i>Lingones</i>, <i>Rhemi</i>, <i>Carnutes</i> and +<i>Ædui</i>.</p> + +<p>But we may easily learn from these Words of <i>Critegnatus</i> +the <i>Arvernian</i>, mentioned by <i>Cæsar, lib. 7.</i> what the +Condition was of those <i>Commonwealths</i>, which had the +Misfortune to be reduced into the Form of a <i>Province</i>. "If" +(says he) "you are ignorant after what manner far distant Nations +are used by the <i>Romans</i>, you have no more to do, but to look +at our neighbouring <i>Gallia</i>, now reduced into the Form of a +Province: Which having its Laws and Customs chang'd, and being +subjected to the Power of the <i>Axes</i>, is oppress'd with +perpetual Slavery."</p> + +<p>We are to understand, there were three kinds of Servitude, or +Slavery. First, <i>To have a Garison of Soldiers imposed upon them, +to keep them in Awe</i>; yet such Provinces as seemed peaceable and +quiet, had no great Armies maintained in them. For <i>Josephus</i> +writes in his 2d Book of the Hist. of the <i>Jews</i>, "That in the +Emperor <i>Titus's</i> time, the <i>Romans</i> had but 1200 +Soldiers in Garison in all <i>Gaul</i>, altho'" (says he) "they had +fought with the <i>Romans</i> for their Liberty, almost 800 Years, +and had near as many Cities, as the <i>Romans</i> 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, +<i>Harpies</i> and <i>Leeches</i>, which suck'd out the very Blood +of the <i>Provincials</i>. <i>Eutropius</i> tells us, in his 6th +Book, That <i>Cæsar</i>, as soon as he had subdued <i>Gaul</i>, +impos'd a Tax upon it, by the Name of a Tribute, which amounted to +<i>H. S. Quadringenties:</i> 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 <i>own Laws</i>; but had +Magistrates and Judges, with full Power and Authority (<i>cum +imperio & securibus</i>) over Life and Estate, sent them by the +People of <i>Rome</i>. This Threefold Slavery not only our +<i>Gallia</i>, but all the other Provinces, took most bitterly to +heart; and therefore in <i>Tiberius's</i> Reign, not long after +<i>Cæsar's</i> Conquest, <i>Tacitus</i> tells us, That the Cities +of <i>Gaul</i> rebell'd, because of the Continuance of Taxes, the +Extortions of Usurers, and Insolence of the Soldiery. And +afterwards in <i>Nero's</i> Reign, <i>Suetonius</i> writes, "That +the <i>Gauls</i> 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 <i>Gauls</i> beginning the Defection." +Now all <i>Gallia</i> was divided by the <i>Romans</i> into 16 +Provinces, <i>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 Græcæ</i>, as +<i>Antoninus</i> in his <i>Itinerary</i>, and <i>Sextus Rufus</i>, +give an Account of them. But <i>Ammianus Marcellinus</i> treats of +them more particularly.</p> + +<p>But to return to what we were speaking of: 'Tis not to be +imagined how grievously, and with what Indignation the <i>Gauls</i> +bore the Indecencies and Plunderings of the <i>Romans</i>; nor how +frequently they revolted upon that Account and because they were +not strong enough of themselves to shake off the <i>Roman</i> +Tyranny, 'twas common Custom with them, to hire <i>German</i> +Auxiliaries. These were the first beginnings of the Colonies of the +<i>Franks</i>; For those <i>Germans</i>, whether they were beaten +by the <i>Romans</i>, or (which is more likely) were bought off by +them, began by little and little, to settle themselves in the +borders of <i>Gallia</i>. This gave to <i>Suetonius</i>, in his +Life of <i>Augustus</i>, to say,—"He drove the <i>Germans</i> +beyond the River <i>Elb</i>; but the <i>Suevi</i> and +<i>Sicambri</i> (submitting themselves); he transplanted into +<i>Gallia</i> where he assign'd them Lands near the river +<i>Rhine</i>."—Also in his Life of <i>Therius</i>,—"He +brought (says he) forty thousand of those that had surrendred +themselves in the <i>German</i> War, over into <i>Gallia</i>, and +allotted them Settlements upon the Banks of the +<i>Rhine</i>."—Neither must we omit what <i>Flavius +Vepiscus</i> records, concerning the Reign of <i>Probus</i> the +Emperor; in whose time almost all <i>Gallia</i>, that is, sixty +Cities, revolted from the <i>Romans</i>; 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 +<i>Gaul</i>, which after <i>Posthumus's</i> Death was all in +Commotion, and when <i>Aurelianus</i> was kill'd, was In a Manner +possessed by the <i>Germans</i>; there he gain'd so many Victories, +that he recover'd from the <i>Barbarians</i> sixty of the most +noble Cities of <i>Gallia</i>: And whereas they had overspread all +<i>Gallia</i> without Controul, he slew near four hundred thousand +of those that had seated themselves within the <i>Roman</i> +Territories, and transplanted the Remainders of them beyond the +Rivers <i>Neckar</i>, and <i>Elb</i>."</p> + +<p>But how cruel and inhuman the Domination of the <i>Romans</i> +was in <i>Gallia</i>: 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 +<i>Gauls</i>, (especially by the <i>Christians</i>) may best be +learn'd from the Works of <i>Salvianus</i>, Bishop of +<i>Marseilles</i>, which treat of Providence: Therefore 'tis +incredible to tell, what Multitudes of <i>Germans</i> pour'd +themselves into <i>Gallia</i>; the <i>Gauls</i> not only not +hindring, but even favouring and calling them in. <i>Latinus +Pacatus</i>, in his Speech to <i>Theodesius</i>, has this Passage; +"From whence shou'd I begin my Discourse, but from thy Mischiefs, O +<i>Gallia</i>! 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 +<i>Sidonius Apollinaris</i>, and especially from the +above-mentioned <i>Salvianus</i>, in many Places of his Writings, +that our <i>Franks</i> were a Part of those <i>German</i> Nations, +who thus entred into <i>Gallia</i>.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_IV" id="CHAP_IV" />CHAP. IV.</h2> + +<p class="one"><i>Of the Original of the</i> Franks; <i>who having +possessed themselves of</i> Gallia, <i>changed its Name, into that +of</i> Francia, <i>or</i> Francogallia.</p> + +<p>The Order of our Discourse requires, that we should now enquire +into the Original of the <i>Franks</i>, 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 <i>Ptolomy</i>, <i>Strabo</i>, or even by +<i>Tacitus</i> himself, who of all Writers was most accurate in +describing the Names and Situations of all the <i>German</i> +Nations: and 'tis plain, the <i>Franks</i> were a <i>German</i> +People, who possessed most part of <i>Europe</i> for many Years, +with great Reputation; of which we will quote but a few Instances +out of many.</p> + +<p>First, <i>Johannes Nauclerus</i> says +thus,—"<i>Charles</i> the Great was call'd <i>King</i> of the +<i>Franks</i>; which is as much as to say, <i>King</i> of +<i>Germany</i> and <i>France</i>." Now 'tis demonstrable, that at +that time all <i>Gallia Transalpina</i>, and all <i>Germany</i> +from the <i>Pyrenæen</i> Mountains, as far as <i>Hungary</i>, was +called <i>Francia</i>: This last was called <i>Eastern France</i>, +the former <i>Western France</i>; and in this all true Historians +agree.</p> + +<p><i>Eguinarthus</i>, in his Life of <i>Charlemain</i>, +says,—"The Banks of the River <i>Sala</i>, which divides the +<i>Taringi</i> from the <i>Sorabi</i>, were afterwards inhabited by +those called the <i>Eastern Franks</i>." <i>Otto Frising</i>. +<i>Chron</i>. 5. <i>cap.</i> 4. speaking of King <i>Dagaber</i>'s +Reign, "The Bounds of the <i>Franks</i> Dominions reach'd now (says +he) from <i>Spain</i>, as far as <i>Hungary</i>, being two most +noble Dukedoms, <i>Aquitania</i> and <i>Bavaria</i>";—but +much more at large, <i>lib.</i> 6. <i>cap.</i> 17. And after him +<i>Godfrey</i> of <i>Viterbo</i>, in his <i>Chronic. part. 17. sub +Anno</i> 881, "<i>Arnulphus</i> (says he) ruled all <i>Eastern +Francia</i>, which is now called the <i>Teutonick</i> Kingdom, or +<i>Germany</i>; that is to say, <i>Bavaria, Suabia, Saxonia, +Turingia, Frisia</i> and <i>Lotharingia</i>; but <i>Odo</i> was +king of <i>Western France</i>." Again, <i>sub Anno</i> 913. "It is +apparent by the Authority of many Writers, that the Kingdom of +<i>Germany</i>, which the Emperor <i>Frederick</i> at present +holds, is part of the Kingdom of the <i>Franks</i>; for there (on +both sides of the <i>Rhine</i>) the first <i>Franks</i> were +seated; which as far as to the Limits of <i>Bavaria</i>, is now +called <i>Eastern France</i>: But <i>Western France</i> is that +Kingdom which lies on both Sides the Rivers <i>Seine</i> and +<i>Loire</i>"—And again he says, "In the time of +<i>Charles</i> the Great, King of the <i>Franks</i>, all +<i>Gallia</i>, that is, <i>Celtica, Belgica</i>, and +<i>Lugdunensis</i> and all <i>Germany</i> which reaches from the +<i>Rhine</i> as far as far as <i>Dalmatia</i>, made but one +Kingdom; which was called <i>Francia</i>"—Almost all which +Quotations have been taken out of <i>Otto</i>, as I said before. +'Tis to be noted, that <i>Rhegino</i> writes thus, in <i>Chron. +anni</i> 577.—"After the Death of King <i>Pipin</i>, +<i>Lewis</i> his Son (who had been present at his Father's Decease +and celebrated his Funerals) kept his Residence at +<i>Francfort</i>, the principal Seat of the <i>Eastern +Kingdom." Luitprandus Ticinensis</i> says, <i>lib. 1. cap</i>. +6.—"It was order'd that <i>Wido</i> shou'd have for his +Share, that which Men call the <i>Roman France</i>, and +<i>Berengarius</i> shou'd have Italy." And a little +after,—"When he had march'd thro' the Territories of the +<i>Burgundians</i>, he purposed to enter <i>Roman France</i>, &c." Now +it was call'd <i>Roman France</i>, first, because the <i>Franks</i> +had possessed themselves of that <i>Gallia</i>, which was under the +<i>Roman</i> Obedience. Secondly, because the <i>Roman</i> Language +prevail'd in that Country, as we formerly told you: Whence arose +the Saying, <i>Loqui Romanum</i>, of such as used not the +<i>German</i> or <i>Frank</i>; but the <i>Latin</i> Tongue. Otto +Frisingius, chron. 4. <i>cap. penult.</i> says,—"It seems to +me, that those <i>Franks</i> who dwell in <i>Gallia</i>, borrowed +the Language, which they make use of to this Day, from the +<i>Romans</i>; for the others who stay'd about the <i>Rhine</i>, +and in <i>Germany</i> use the <i>Teutonick</i> Tongue."—And +in Imitation of him, <i>Godfridus</i>, part. 17. cap. 1.—"The +<i>Franks</i> (says he) seem to me to have learn'd the Language +which they make use of to this Day, from the <i>Romans</i>, who +formerly dwelt in those Parts—." From all these 'tis +apparent, that the Reputation and Power of the <i>Franks</i> was +extraordinary great; as 'twas fitting for such as were Masters of a +great Part of <i>Europe</i>.</p> + +<p>Moreover we find, that those <i>Germans</i> which were +transplanted by the Emperor <i>Frederick</i> the IId, into the +Kingdoms of <i>Naples</i> and <i>Sicily</i>, and establish'd there +as a presidiary Colony, were called <i>Franks</i>. <i>Petrus de +Vineis, lib. epist. 6. cap. 25</i>. [Footnote: These are only +broken pieces of Sentences, to prove, that the <i>Germans</i> +(establish'd in <i>Naples</i> and <i>Sicily</i>) were called, and +actually were <i>Franks</i>.] —"<i>Following (says he) the +Law and Custom of the</i> Franks, <i>in this Instance, that the +Eldest Brother to the Exclusion of all the Younger succeeds, even +in the Camp it self.</i>" Imp. Freder. 2. Neapol. constit. lib. 2. +tit. 32. speaking of those <i>Franks, "who upon Occasion trusted +the Fortune of their Lives, and of all their Estates, to the Event +of a Duel, or single Combat</i>." And again,—"<i>The +aforesaid manner of Proof, which all who observe the Rites of +the</i> Franks <i>made use of</i>"—.Also <i>lib. 2. tit. +33</i>.—"<i>which Law, our Will is, shall in all Causes be +common both to the</i> Franks <i>and</i> Longobards."</p> + +<p>Matters being thus plain, 'tis strange that <i>Gregory</i> +Bishop of <i>Tours</i> (who writ concerning the Original of the +<i>Franks</i> 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 <i>Franks</i>, he could find nothing certain: +notwithstanding he had seen an ancient Book of a certain Historian +of theirs, called, <i>Salpitius Alexander</i>; who affirms nothing, +either of their first Habitations, or the Beginnings of their +Domination.</p> + +<p>But we have found out, that these People originally came from +that Country which lies between the <i>Rhine</i> and the +<i>Elb</i>, and is bounded on the <i>West</i> by the Sea, almost +in the same Tract where the greater and the lesser <i>Chauci</i> +dwelt. "A People (says <i>Tacitus</i>) the most noble among all the +<i>Germans</i>, who founded their Greatness and maintained it by +Justice." These were next Neighbours to the <i>Batavians</i>; for +'tis agreed on all Hands, that the <i>Franks</i> 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 +<i>Claudian</i>, who congratulating <i>Stilicon's</i> Victory, +writes thus;</p> + +<div class="blockquot"> +<p>—<i>Ut jam trans fluvium non indignante</i> Chayco +<i>Paseat</i> Belga <i>pecus, mediumque ingressa per</i> +Albin Gallica Francorum <i>montes armenta pererrent</i>.</p> +</div> + +<p>In which Place he makes use of a Poetical License, and calls +those People <i>Chayci</i>, which the Geographers call +<i>Chauci</i>. Now that they were seated near the Sea, that +Panegyrical Oration made to <i>Constantine</i> the Great, is a +Testimony: "<i>Quid loquar rursus</i>, &c. What should I speak +more of those remote Nations of the <i>Franks</i>, transplanted not +from Places which the <i>Romans</i> of old invaded; but plucked +from their very original Habitations, and their <i>farthest +Barbarous Shores</i>, to be planted in the waste Places of +<i>Gallia</i>; where with their Husbandry, they may help the +<i>Roman</i> Empire in time of Peace; and with their Bodies, supply +its Armies in time of War—." And in another Panegyrick, by +<i>Eumenius</i> the Rhetorician, we find this Passage, "<i>Aut hæc +ipsa</i>, &c. Or this Country, which was once overspread with +the Fierceness of the <i>Franks</i>, more than if the Waters of +their Rivers, <i>or their Sea</i>, had cover'd it;" but now ceases +to be barbarous, and is civilized. To the same Purpose is +<i>Procopius</i> Testimony, in his first Book of the <i>Gothick +War</i>; for where he describes the place where the <i>Rhine</i> +falls into the Ocean; "In these Parts (says he) there are great +Marshes, where of old the <i>Germans</i> dwelt; a barbarous People, +and at that time of small Reputation, which now are called +<i>Franks</i>—." And <i>Zonaras</i>, in the 3d Tome of his +<i>Annals</i>, quotes this very Passage of <i>Procopius</i>. Also +<i>Flavius Vopiscus</i>, in his Life of <i>Probus</i>, tells us, +That the <i>Franks</i> were discomfited by <i>Probus</i> in their +inaccessible Marshes.—<i>Testes sunt Franci inviis strati +paludibus</i>. Also <i>Sidonius Apollinaris</i> says thus;</p> + +<div class="poem"> +<div class="stanza"> +<div class="i0">"<i>Francorum & penitissimas paludes</i>,</div> +<div class="i0"><i>Intrares venerantibus Sicambris</i>."</div> +</div> +</div> + +<p>Now what we have said concerning the Neighbourhood of the +<i>Franks</i> to the <i>Chauci</i>, may be plainly proved by +comparing of Places, and the Descriptions of their particular +Seats. Those of the <i>Chauci</i> are described by <i>Pliny</i>, +<i>lib.</i> 16. <i>cap.</i> 1. Those of the <i>Franks</i> by the +<i>Rhetorician Panegyrist</i>, above mentioned: For <i>Pliny</i> +says thus, "We have seen in the <i>Northern</i> parts the Nations +of the <i>Chauci</i>, called <i>Majores & Minores</i>, 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."</p> + +<p>The Panegyrist speaks in these Terms, "<i>—Quanquam illa +Regio</i>, &c. When thy noble Expeditions, O <i>Cæsar</i>, have +proceeded so far, as to clear and conquer that Country, which the +<i>Rhine</i> runs through, with his cunning Mæanders or Windings, +[<i>Meatibus callidis</i>, for so it must be read, and not +<i>Scaldis</i>, 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."</p> + +<p>We think therefore we have made it plain from what <i>Seats</i> +the Nation of the <i>Franks</i> first came into <i>Gallia</i>; that +is to say, from that marshy Country which lies upon the <i>Ocean</i>, +between the Rivers <i>Elb</i> and <i>Rhine</i>: which may be +further confirm'd by this Argument. That the <i>Franks</i> were +very well skill'd in maritime affairs, and sail'd far and near all +about those Coasts; For so says <i>Eutropius</i>, <i>lib.</i> 9. +where he gives a short History of the Emperor <i>Galienus</i>. +"After this time, when <i>Carausius</i> had in charge to scour the +Sea-coasts of <i>Belgia</i> and <i>Armorica</i>, then infested by +the <i>Franks</i> and <i>Saxons</i>, &c." The very same thing +<i>Paulus Orosius</i> mentions, <i>lib.</i> 7. Also what the +<i>Panegyrist</i>, before cited, says in a certain Place, has +Reference to this.— "The <i>Franks</i> (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 +<i>Spain</i>, which they very much infelted with their +Depredations." And therefore the Emperor <i>Justinian</i>, when he +explains to the <i>General Governor</i> of <i>Africk</i> the duty +of his Office, makes mention of those <i>Franks</i> which were +seated in a certain part of <i>Gallia</i>, bordering upon +<i>Spain</i>.</p> + +<p>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; <i>viz.</i> That a small Body of <i>Franks</i>, +which <i>Probus</i>, the Emperor had overcome and carried captive +into <i>Pontus</i>, seiz'd on some Ships, wandred all about the +Sea-coasts of <i>Græcia</i> and <i>Asia</i>, invaded +<i>Sicily</i>, took <i>Syracusa</i>, and afterwards laden with +Booty, return'd into the Ocean thro' the <i>Streights</i> of +<i>Gibraltar</i>. "Recursabat in animos sub <i>Divo Probo</i> & +paucorum ex <i>Francis</i> 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."</p> + +<p>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 <i>Franks</i> were Bordering upon the +<i>Batavians</i>. The same <i>Rhetorician</i>, in his Speeches to +<i>Maximianus</i> and <i>Constantine</i>, says,—"Many +thousand <i>Franks</i>, who had crossed the <i>Rhine</i>, and +invaded <i>Batavia</i>, with other Countries on this Side, were +slain, driven out, or carried away captive."</p> + +<p>Besides there is a notable Instance in <i>Corn. Tacitus</i>, +lib. 20. where speaking of the Neighbourhood of <i>Frisia</i> and +<i>Batavia</i> to each other, he mixes the <i>Caninesates</i> 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 +<i>Caninesates</i>, 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 <i>Batavians</i>; but inferior in +Number.—And again—<i>Brinnio</i> 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.</p> + +<p>The Case being so; I cannot forbear wondring at the Opinion of +the Learned <i>Andreas Tarnebus</i>, who despising the Authority of +so many grave and ancient Writers, says, that he thinks the +<i>Franks</i> were originally of <i>Scandinavia</i>: because in +<i>Ptolomy</i> he finds the <i>Phirassi</i> seated in that +Peninsula, which Word he will needs suppose to be corrupted; and +that, instead of it, the Word <i>Franci</i> 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.</p> + +<p>As to all those who are pleas'd with Fables, and have deduced +the Original of the <i>Franks</i> from the <i>Trojans</i>, and from +one <i>Francion</i>, a Son of <i>Priam</i>, we can only say, that +they furnish Materials for <i>Poets</i> rather than +<i>Historians</i>: And among such, <i>William Bellay</i> 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 <i>Gallia</i> and <i>France</i>, seems rather to +have design'd a <i>Romance</i>, like that of <i>Amadis</i>, than a +true History of the <i>Francogallican</i> Affairs.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_V" id="CHAP_V" />CHAP. V.</h2> + +<p class="one"><i>Of the Name of the</i> Franks, <i>and their +sundry Excursions; and what time they first began to establish a +Kingdom in</i> Gallia.</p> + +<p>But I think it requisite that we should enquire a little more +carefully into this Name of <i>Franks</i>; which, as we told you +before, is not to be found in any of the ancient Descriptions of +<i>Germany</i>. That I may no longer detain the Reader in Suspence, +it must needs be, that either the Nation of the <i>Franks</i>, by +which such mighty things were done, was at first very obscure and +mean, (as we see in <i>Switz</i>, an ordinary Village) yet because +the first beginning of the Liberty of those Countries proceeded +from thence, gave the name of <i>Switzers</i> to all the rest of +the <i>Cantons</i>: Or (which seems to me most probable) this +Appellation had its Original from the Occasion; <i>viz.</i> When those +that set up for the prime Leaders and Beginners, in recovering the +publick Liberty, called themselves <i>Franks</i>; by which name the +<i>Germans</i> understood such as were <i>Free</i>, and under no +Servitude; as the Writers of that Nation do unanimously hold: And +therefore in ordinary Speech, by a <i>Frank</i> was meant a +<i>Freeman</i>, by a <i>Franchise</i>, an <i>Asylum</i>, or Place +of Refuge; and <i>Francisare</i> signified to restore to liberty +and freedom. The first Proof we shall give of this, is, what +<i>Procopius</i> in his first Book of the Gothick Wars relates. The +<i>Franks</i> (says he) were anciently by a general name call'd +<i>Germans</i>; but after they exceeded their Limits, they obtain'd +the name of <i>Franks</i>: Of the same Opinion I find <i>Gregory of +Tours</i>, the <i>Abbot</i> of <i>Ursperg</i>; <i>Sigibertus</i> +and <i>Ado</i> of <i>Vienne</i>, and <i>Godfrey</i> of +<i>Viterbo</i> to have been, <i>viz.</i> That they had the Name of +<i>Franks</i> from their <i>freedom</i>, and from their +<i>ferocity</i>, (alluding to the sound, of the words <i>Francos +Feroces</i>), because they refused to serve as Soldier under +<i>Valentinian</i> the Emperor, and to pay Tribute as other Nations +did. A second Proof may be that of <i>Cornelius Tacitus</i>, who in +his 20th Book, speaking of the <i>Caninesates</i>, whom we have +formerly demonstrated to have been the very-next Neighbours, if not +the true <i>Franks</i> themselves, and, of their Victory over the +<i>Romans</i>, he has this expression: <i>Clara ea victoria, +&c</i>. "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 <i>Germany</i> and <i>Gaul</i>, as being the first beginners of +liberty;" <i>Libertatis Auctores celebrabantur.</i> For the +<i>Germans</i> thereupon sent Ambassadors, offering their +Assistance. May the <i>Omen</i> prove lucky! and may the +<i>Franks</i> truly and properly deserve that name; who after +having shaken off that Yoke of <i>Slavery</i>, imposed upon them by +<i>Tyrants</i>, have thought fit to preserve to themselves a +commendable <i>liberty</i> even under the Domination of +<i>Kings</i>: <i>For to obey a King is not servitude</i>: neither +are all who are govern'd by Kings, presently for that Reason to be +counted <i>Slaves</i>, but such as submit themselves to the +unbounded Will of a <i>Tyrant</i>, a <i>Thief</i>, and +<i>Executioner</i>, as Sheep resign themselves to the Knife of the +Butcher. Such as these deserve to be called by the vile names of +<i>Servants</i> and <i>Slaves</i>.</p> + +<p>Therefore the <i>Franks</i> had always <i>Kings</i>, even at +that very time when they profess'd themselves the +<i>vindicators</i> and <i>assertors</i> of the <i>publick +liberty</i>: And when they constituted <i>Kings</i>, they never +intended they shou'd be <i>Tyrants</i> or <i>Executioners</i>, but +<i>keepers</i> of their <i>Liberties, Protectors, Governors</i> and +<i>Tutors</i>. Such, in short, as we shall describe hereafter, when +we come to give an Account of the <i>Francogallican</i> +Government.</p> + +<p>For, as to what a certain, foolish and ignorant <i>Monk</i>, +called <i>John Turpin</i>, has wrote (in his Life, or rather +Romance of <i>Charlemagn</i>) concerning the Origins of the Word +<i>Frank</i>, viz. That whoever contributed Money towards the +Building of St. <i>Denis's Church</i>, should be called +<i>Francus</i>, 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.</p> + +<p>But this may be truly affirm'd, that this name of <i>Franks</i>, +or (as <i>Corn. Tacitus</i> interprets it) <i>Authors</i> of +<i>Liberty</i>, was an <i>Omen</i> so lucky and fortunate to them, +that through it they gain'd almost innumerable Victories. For after +the <i>Franks</i> had quitted their ancient Seats upon that +glorious Design, they deliver'd not only <i>Germany</i>, their +common Country, but also <i>France</i> from the Tyranny and +Oppression of the <i>Romans</i>; and at last (crossing the +<i>Alps</i>) even a great part of <i>Italy</i> itself.</p> + +<p>The first mention made of this illustrious name, we find in +<i>Trebellius Pollios</i> Life of the Emperor <i>Gallienus</i>, +about the 260th Year after <i>Christ</i>. His Words are these: +"Cum, &c. Whilst <i>Gallienus</i> 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 <i>Gauls</i>, who +naturally hate luxurious Princes, elected <i>Posthumus</i> for +their Emperor, who at that time was <i>Gallienus's</i> Lieutenant +in <i>Gaul</i> with imperial Authority. Gallienus thereupon +commenced a War with <i>Posthumus</i>; and <i>Posthumus</i> being +assisted by many Auxiliaries, both of the <i>Celtæ</i> and the +<i>Franks</i>, took the Field along with <i>Victorinus</i>—." +By which Words we may plainly perceive, that the <i>Gauls</i> +crav'd the Assistance of the <i>Franks</i>; that is, of these +<i>Authors</i> or <i>Beginners of liberty</i>, to enable them to +shake off the Tyrant <i>Gallienus's</i> Yoke: Which same thing +<i>Zonaras</i> hints at in his Life of <i>Gallienus</i>, when he +says, +ἐπολέμισε δὲ +ϕράγγοις +&c.—We find another mention made of the same People in +<i>Flavius Vopiscus's</i> Life of <i>Aurelian</i>, in these +Words:—"At Mentz the Tribune of the 6th Legion discomfited +the <i>Franks</i>, who had made Incursions, and overspread all +<i>Gallia</i>; he slew 700, and sold 300 Captives for +Slaves."—For you must not expect that our <i>Franks</i>, any +more than other Nations in their Wars, were constantly victorious, +and crown'd with Success. On the contrary, we read that +<i>Constantine</i>, afterwards call'd the <i>Great</i>, took +Prisoners two of their Kings, and exposed them to the Wild Beasts +at the publick shews. Which Story both <i>Eutropius</i> in his 9th +Book, and the <i>Rhetorician</i> in that Panegyrick so often +quoted, make mention of.</p> + +<p>And because the same <i>Rhetorician</i> in another place speaks +of those Wars in the Confines of the <i>Batavi</i>, which we have +shewn not to be far distant from the <i>Franks</i>, I will set down +his Words at Length. <i>Multa Francorum millia, &c</i>. "He +slew, drove out, and took Prisoners many thousand <i>Franks</i>, +who had invaded <i>Batavia</i>, and other Territories on this side +the <i>Rhine</i>." And in another Place says, "He clear'd the +Country of the <i>Batavians</i>, which had before been possess'd by +several Nations and Kings of the <i>Franks</i>; and not satisfied +with only overcoming them, he transplanted them into the +<i>Roman</i> 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 <i>Constantine</i>, (being +constrain'd to do so by the <i>Franks</i>) granted them Lands +within the Bounds of the <i>Roman</i> Empire. <i>Ammianus</i>, lib. +15. writes, that the <i>Franks</i>, during the Civil Wars between +<i>Constantine</i> and <i>Licinius</i>, sided with +<i>Constantine</i>, and fought very valiantly for him. And in other +places of the same Book he records, that during the Reign of +<i>Constantine</i>, the Son of <i>Constantine</i>, great numbers of +<i>Franks</i> were at that <i>Court</i> in high favour and +authority, with <i>Cæsar</i>. "Afterwards, says he, +<i>Malarichus</i> on a sudden got power, having gained the +<i>Franks</i>; whereof at that time great numbers flourish'd at +Court."—During the Reign of <i>Julian</i>, call'd the +<i>Apostate</i>, the same <i>Franks</i> endeavour'd to restore the +City of <i>Cologne</i> (which was grievously oppress'd by +<i>Roman</i> Slavery) to its liberty: and forced it, after a long +Siege, to surrender thro' Famine; as the same <i>Ammianus</i> tells +us, <i>lib.</i> 12. And because one Band of those <i>Franks</i> +fix'd their Habitations upon the Banks of the River <i>Sala</i>, +they were thereupon called <i>Salii</i>; concerning whom he writes +in the same Book,—"Having prepar'd there things, he first of +all march'd towards the <i>Franks</i>; I mean those <i>Franks</i> +which were commonly called <i>Salii</i>, who had formerly with +great boldness fix'd their Habitations within the <i>Roman</i> +Territories, near a place called <i>Toxiandria</i>." Again, in his +20th Book he makes mention of that Country possess'd by the +<i>Franks</i> beyond the <i>Rhine</i>, and called +<i>Francia</i>.—"Having on a sudden pass'd the <i>Rhine</i>, +he enter'd the Country of those <i>Franks</i> called +<i>Attuarii</i>, a turbulent sort of People, who at that time made +great Havock on the Frontiers of <i>Gallia</i>."—And in his 30th +Book, where he speaks of King <i>Macrianus</i>, with whom +<i>Valentinian</i> the Emperor had lately made a Peace on the Banks +of the <i>Rhine</i>, in the Territory of <i>Mentz</i>,—"He +died, says he, in <i>Francia</i>, 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 <i>Mellobandes</i>." Now of this +<i>Mellobandes</i>, King of the <i>Franks</i>, 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 <i>Gratianus</i>, and +Lieutenant-General (in conjunction with <i>Nannienus</i>) of that +Army which was sent against the <i>Lentiates</i>, a People of +<i>Germany</i>." Afterwards, by virtue of a Treaty concluded +between the <i>Franks</i> and the Emperor <i>Honorius</i>, they +defended the Frontiers of the <i>Roman Gallia</i> against +<i>Stilicon</i>: For <i>Orosius</i> tells us in his last Book, +"That the Nations of the <i>Alani</i>, <i>Suevi</i> and +<i>Vandali</i>, being (together with many others) encouraged by +<i>Stilicon</i>; pass'd the <i>Rhine</i>, wasted the Territories of +the <i>Franks</i>, and invaded <i>Gallia</i>."</p> + +<p>After the Emperor <i>Honorius</i>'s time, we have very little in +History extant concerning the <i>Frank</i>'s Warlike Deeds. For to +those Times must be apply'd what St. <i>Ambrose</i> writes in his +Letter (the 29th) to <i>Theodesius</i> the Emperor: That the +<i>Franks</i> both in <i>Sicily</i> and many other Places, had +overthrown <i>Maximus</i> the <i>Roman</i> General. "He (says he, +speaking of <i>Maximus</i>) was presently beaten by the +<i>Franks</i> and <i>Saxons</i> in all places of the Earth." But in +the Reign of <i>Valentinian</i> the 3d, that is, about the 450th +Year of <i>Christ</i>, 'tis plain, by the consent of all Writers, +that <i>Childeric</i>, the Son of <i>Meroveus</i>, King of the +<i>Franks</i>, compleated the Deliverance of <i>Gallia</i> from the +<i>Roman</i> Tyranny, after a continued Struggle of more than 200 +Years; and was the first that established in <i>Gallia</i> a firm +and certain Seat of Empire: For altho' some reckon <i>Pharamond</i> +and <i>Clodio-crinitus</i> as the first Kings of the <i>Franks</i>, +yet without doubt there were many before them, who (like them) had +cross'd the <i>Rhine</i>, and made Irruptions into <i>Gallia</i>: +but none had been able to settle any peaceable Dominion within the +Limits of <i>Gallia</i>. Now <i>Meroveus</i>, who is commonly +reckon'd the 3d King; tho' he was indeed King of the <i>Franks</i>, +yet he was a Stranger and a Foreigner, not created King in +<i>Gallia</i>, not King of the <i>Francogalli</i>; that is to say, +not elected by the joint Suffrages of both Nations united: In +short, all these were Kings of the <i>Franci</i>, and not of the +<i>Francogalli</i>. But <i>Childeric</i>, the Son of +<i>Meroveus</i>, was (as we said before) the first that was elected +by the publick Council of the associated <i>Franks</i> and +<i>Gauls</i>, and he was created King; of <i>Francogallia</i> +presently after his Father <i>Meroveus</i> had been kill'd in a +Battel against <i>Attila</i>, during the Reign of +<i>Valentinian</i> the Third, a dissolute and profligate Prince. At +which time the <i>Angli</i> and <i>Scoti</i> took Possession of +<i>Great Britain</i>; the <i>Burgundians</i> of <i>Burgundy, Savoy +and Dauphine</i>; the <i>Goths</i> of <i>Aquitain</i>: the +<i>Vandals</i> of <i>Africk</i> and <i>Italy</i>, nay of +<i>Rome</i> it self; the <i>Hanni</i> under their Leader +<i>Attila</i> wasted <i>Gallia</i> with Fire and Sword. This +<i>Attila</i> having an Army of about Five hundred thousand Men, +over-ran all <i>Gallia</i> as far as <i>Thoulouse</i>. +<i>Ætius</i> was at that time Governor of <i>Gallia</i>, who +fearing the Power of <i>Attila</i>, made a League with the +<i>Goths</i>, and by their assistance defeated <i>Attila</i> in a +Battel; wherein, 'tis said, they slew no fewer than a Hundred and +eighty thousand Men. But the Conqueror <i>Ætius</i> being +suspected by <i>Valentinian</i> of aspiring to the Empire, was +afterwards, by his Command, put to Death; and within a little while +after, he himself was slain by <i>Maximus</i> before-mention'd.</p> + +<p>During these Transactions, <i>Meroveus</i>, King of the +<i>Franks</i>, taking his Opportunity, pass'd the <i>Rhine</i>, +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 +<i>Celtæ</i>, between the <i>Seine</i> and the <i>Garonne</i>. He +being dead, and both Nations (the <i>Gauls</i> and <i>Franks</i>) +united into one Commonwealth; they unanimously elected +<i>Childeric</i>, the Son of <i>Meroveus</i>, 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 <i>King of Francogallia</i>. Of all which particulars, +<i>Sidonius Apollinaris</i>, <i>Gregorius Turonensis</i>, <i>Otto +Frising</i>, <i>Aimoinus</i> and others are Witnesses; whose +Testimonies we shall further produce, when we come to treat of the +Manner of the Inauguration of the King.</p> + +<p>The Words of the same <i>Otto</i>, in the last Chapter but one +of his 4th Book concerning their taking possession of several +Cities, are these.—"The <i>Franks</i>, after having pass'd +the <i>Rhine</i>, in the first place put to flight the +<i>Romans</i>, who dwelt thereabouts; afterwards they took +<i>Tournay</i> and <i>Cambray</i>, Cities of <i>Gallia</i>; and +from thence gaining ground, by degrees they subdued <i>Rheims</i>, +<i>Soissons</i>, <i>Orleans</i>, <i>Cologne</i> and <i>Triers</i>." +And thus much may briefly be said touching the first King of +<i>Francogallia</i>. To which we shall only subjoin this Remark: +[Footnote: Hotoman's <i>Francogallia</i> was written <i>Anno</i> +1573.] <i>That altho' the Francogallican Kingdom</i> 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, +<i>viz.</i> the Merovingians; who beginning from Meroveus, +continued it to their Posterity two hundred eighty three Years. The +<i>Carlovingians</i>, who drawing their Original from <i>Charles +the Great</i>, enjoy'd it 337 Years: And lastly, the +<i>Capevignians</i>, who being descended from <i>Hugh Capet</i>, +now rule the Kingdom, and have done so for Five hundred and eighty +Years past.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_VI" id="CHAP_VI" />CHAP. VI.</h2> + +<p class="one"><i>Whether the Kingdom of</i> Francogallia +<i>was</i> hereditary <i>or</i> elective; <i>and the manner of +making its</i> Kings.</p> + +<p>But here arises a famous Question; the Decision of which will +most clearly show the Wisdom of our Ancestors.—<i>Whether the +Kingdom of Francogallia were Hereditary, or conferr'd by the +Choice and Suffrages of the People</i>, That the <i>German</i> +Kings were created by the <i>Suffrages</i> of the <i>People. +Cornelius Tacitus</i>, in his Book <i>Demoribus Germanorum</i>, +proves plainly; and we have shown, that our <i>Franks</i> were a +<i>German</i> People: <i>Reges ex nobilitate, Duces ex virtute +sumunt</i>; "Their <i>Kings</i> (says he) they chuse from amongst +those that are most eminent for their <i>Nobility</i>; their +<i>Generals</i> out of those <i>that are Famous for their +Valour:"</i> Which Institution, [Footnote: 1574.] to this very day, +the <i>Germans, Danes, Sweeds and Polanders</i> do retain. They +<i>elect</i> their Kings in a <i>Great Council of the Nation</i>; +the Sons of whom have this privilege (as <i>Tacitus</i> 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 <i>Plutarch</i>, in his Life of <i>Sylla</i>, +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 <i>kindred</i>, than to the +<i>qualification</i> of the Prince they are about to set over +them."</p> + +<p>And that this was the Wisdom of our Predecessors in +constituting the <i>Francogallican Kingdom</i>, we may learn, First, +from the last Will and Testament of the Emperor <i>Charlemagn</i>, +publish'd by <i>Joannes Nauclerus</i> and <i>Henricus Mutius</i>; 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 +<i>willing to Elect</i> 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 <i>Aimoinus, lib.</i> I. +<i>cap.</i> 4. says, of <i>Pharamond</i>, commonly counted the first King +of the <i>Franks</i>, in these Words.—"The <i>Franks electing</i> +for themselves a King, according to the custom of other Nations, +raised up <i>Pharamond</i> to the Regal Throne." And again, <i>lib.</i> +4.—"But the Franks took a certain <i>Clerk</i> or <i>Priest</i> +called <i>Daniel</i>; and as soon as his Hair was grown, +<i>establish'd</i> him in the Kingdom, calling him <i>Chilperic</i>." And +<i>lib.</i> 4. <i>cap.</i> 67.—"King <i>Pipin</i> being dead, his two Sons, +<i>Charles</i> and <i>Carlomannus</i>, were <i>elected Kings by the consent +of all the</i> Franks." And in another place—"As soon as +<i>Pipin</i> was dead, the <i>Franks</i> having appointed a solemn +<i>Convention, constituted</i> 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 <i>Charles</i>, after his Brother's +Decease, was <i>constituted</i> King by the <i>consent</i> of all the +Franks." Also, towards the end of his History of <i>Charles the +Great</i>, he says, "The Nobility of the <i>Franks</i> being solemnly +assembled from all parts of the Kingdom; he, in their presence, +called forth to him <i>Lewis</i> King of <i>Aquitain</i>, (the only one of +<i>Heldegardis's</i> Sons then living) and <i>by the advice and consent +of them all</i>, constituted him his Associate in the whole +Kingdom, and Heir of the Imperial Dignity." Thus much out of +<i>Aimoinus</i>.</p> + +<p>Many Testimonies of the like nature we find in <i>Gregorius +Turen</i> whereof we shall cite only these few following, <i>lib. +2. cap. 12.</i>—"The <i>Franks</i> (says he) having <i>expelled +Childeric</i>; unanimously <i>elected Eudo</i> for their +King."—Also <i>lib. 4. cap. 51.</i>—"Then the +<i>Franks</i> (who once looked towards <i>Childebert</i> the Elder) +sent an Embassy to <i>Sigebert</i>, inviting him to leave +<i>Chilperic</i> and come to them, that they by <i>their own +Authority</i> might make him King."—And a little +after—"The whole Army was drawn up before him; and having set +him upon a Shield, <i>they appointed</i> him to be their +King."—And in another place—"<i>Sigebert</i> agreeing +to the <i>Franks</i> Proposals, was placed upon a Shield, according +to the Custom of that Nation, and proclaimed King; and so got the +Kingdom from his Bother <i>Chilperic</i>"—And presently +after—"The <i>Burgundians</i> and <i>Austrasians</i> +concluded a Peace with the <i>Franks</i>, and made +<i>Clotharius</i> King over them in all the three Kingdoms," Which +particular the <i>Abbot</i> of <i>Ursperg</i> confirms. "The +<i>Burgundians</i> (says he) and <i>Austrasians</i> having +struck up a Peace with the <i>Franks</i>, advanced +<i>Clotharius</i> to be King and sole Ruler of the whole +Kingdom."—And in another place—"The <i>Franks</i> +appointed one of his Brothers, called <i>Hilderic</i>, who was +already King of the <i>Austrasians</i>, to be also their King."</p> + +<p>To this matter belongs what <i>Luitprandus Ticinensis</i> +writes, <i>lib. i. cap. 6</i>. "And when he was about to enter into +that <i>Francia</i> which is called <i>Roman</i>, (after having +cross'd the Countries of the <i>Burgundians</i>) several +Ambassadors of the <i>Franks</i> 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 <i>unanimously</i> Chosen <i>Odo</i> or <i>Wido</i>, tho' +'tis reported the <i>Franks</i> did not take <i>Wido</i> upon this +occasion for their King, &c."</p> + +<p>But concerning this <i>Odo</i>, the Story is memorable which +<i>Sigibert</i> relates; from whence we may more clearly be +inform'd of the manner of their <i>rejecting</i> their King's <i>Son</i>, and +"<i>setting up another</i> in his stead." For (<i>sub anno</i> 890.) he says thus— +"But the <i>Franks</i> neglecting <i>Charles</i> the Son of +<i>Lewis the Stammerer</i>, a Boy scarce ten years old; +Elected, <i>Odo</i> for their King, who was Son of <i>Duke +Robert</i>, slain by the <i>Normans</i>." Also <i>Otto Frinsing, +Chronic. lib. 6. cap. 10</i>. "The <i>Western Franks</i> (says he) +with the consent of <i>Arnolphus</i>, chose for their King +<i>Odo</i> a valiant Man, and Son of <i>Robert</i>."—Also in +the <i>Appendix</i> to <i>Gregory</i> of <i>Tours</i>, lib. 15. cap. 30. "After the +Death of <i>Dagobert, Clodoveus</i> his Son obtain'd his Father's +Kingdom, being at that time very young, and all his <i>Leudes</i> +(that is, Subjects) <i>rais'd</i> him to the Throne, <i>in Villa +Masolano</i>."—Also <i>Sigebert</i>, in <i>chronic. anno</i> +987.—"<i>Lewis</i> King of the <i>Franks</i> being dead, the +<i>Franks</i> had a mind to transfer the Kingdom to <i>Charles</i> +the Brother of <i>Lotharius</i>; but whilst he spent too much time, +deliberating with his Council concerning that Affair, <i>Hugo</i> +acquires the Kingdom of the <i>Franks</i>, &c." There are many +Testimonies, of the same Kind in <i>Ado</i>, viz. <i>anno</i> +686.—"<i>Clodoveus</i> the King dying, the <i>Franks</i> +elect <i>Clotarius</i> his Son for their King." And again, +—"<i>Clotarius</i> having reigned four Years, died, in whose +stead the Franks elected <i>Theodorick</i> his Brother—." +Again, <i>anno</i> 669. "The <i>Franks</i> establish'd in the +Kingdom a certain Clerk, called <i>Daniel</i>, having caused him to +quit his Tonsure and Orders, and name him <i>Chilperic</i>." And +again,—"The <i>Franks</i> appoint, as King over them, +<i>Theodoric</i> the Son of <i>Dagobert</i>"—. Also <i>Otto +Frising</i> chron. 6. cap. 13.—"<i>Otto</i> (says he) King of +the <i>Franks</i> being dead, <i>Charles</i> was created King by +unanimous Consent—." The Appendix to <i>Greg. Turon</i>. +<i>lib.</i> 11. <i>cap.</i> 101. says thus, "When <i>Theodoric</i> +was dead, the <i>Franks</i> elected <i>Clodoveus</i> his Son, who +was very young, to be their King." And <i>cap.</i> 106. "But the +<i>Franks</i> appoint one <i>Chilperick</i> to be their King." Also +<i>Godfrey</i> of <i>Viterbo</i>, <i>chron. part</i>. 17. +<i>cap.</i> 4.—"But <i>Pipin</i> in being elected by the +<i>Franks</i>, was declared King by Pope <i>Zacharias</i>, <i>they +having thrust their cowardly King</i> Hilderic <i>into a +Monastery</i>."</p> + +<p>From these Proofs, and very many others like them, I think 'tis +most plain, that the Kings of <i>Francogallia</i> were made such +rather by the <i>Suffrages</i> and <i>Favour</i> of the +<i>People</i>, than by any <i>Hereditary Right</i>. Of which a farther +Argument may be the <i>Forms</i> and <i>Ceremonies</i> used by our +<i>Ancestors</i>, at the Inauguration of their <i>Kings</i>. For we +observe, the very same Custom was continued at the <i>Election</i> +of our Kings, which we told you before out of <i>Cornelius +Tacitus</i>, was formerly practised by the <i>Caninesates</i>, (the +<i>Franks</i> own Country-men) <i>viz.</i> that they set their +<i>Elected King</i> upon a <i>Shield</i>, 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 <i>Election</i>, or round about the +Army on Men's Shoulders, all the People expressing their joy by +Acclamations, and clapping of Hands. <i>Greg. Turen. lib.</i> 2. +where he makes mention of King <i>Clodoveus's</i> +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, <i>appointed</i> him to be their King—." +Also <i>lib.</i> 7. <i>cap.</i> 10. where he speaks of +<i>Gondebaldus</i>,—"And there (says he) placing their King +upon a <i>Shield</i>, 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 <i>Aimoinus, lib. 3. cap. +6.</i> gives us this Account,—"They called forth <i>Gondebaldus</i>, +and according to the Custom of the ancient <i>Franks</i>, +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 <i>Ado. Vien.</i> Ætat. +6.—<i>"Sigebertus</i> consenting to the <i>Franks</i>, was +placed upon a Shield, according to the <i>Custom of that +Nation</i>, and proclaimed King": And peradventure from hence arose +that Form among those Writers, who treat of the Creation of a +King;—<i>In Regem elevatus est.</i></p> + +<p>But now we come to the third Part of this Controversy, in order +to understand, how great the <i>Right and Power of the People</i> +was, both in <i>making</i> and <i>continuing</i> their Kings. And I +think it is plainly prov'd from all our Annals, that the +<i>highest Power</i> of <i>abdicating</i> their <i>Kings</i>, was +lodged in the <i>People</i>. The very first that was created King +of <i>Francogallia</i>, 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 <i>France</i>: and this was done, as our +Annals testify, in the Year of Christ 469. Nay, even <i>Eudo</i>, whom +they had placed in his stead, abusing his Power thro' excessive +Pride and Cruelty, was with the like Severity <i>turned out</i>. +Which Fact we find attested by <i>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</i> (says +<i>Gregorius</i>) being dissolved in Luxury, when he was King of +the <i>Franks</i>, and beginning to deflower their Daughters, was +by his Subjects <i>cast out of the Throne with Indignation</i>; +whereupon he finding they had a Design to kill him, fled into +<i>Thoringia</i>." But the <i>Abbot of Ursperg</i> says, "the +People were unwilling to kill him, but contented themselves with +having <i>turn'd him out, because he was a dissolute Man</i>, and a +Debaucher of his Subjects Daughters—." <i>Sigibertus</i> +says,—"<i>Hilderick</i> behaving himself insolently and +luxuriously, the <i>Franks thrust him out of the Throne</i>, and +made <i>Ægidius</i> their King."</p> + +<p>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 <i>Francogallia</i> were made such, upon certain <i>known terms +and Conditions</i>; and were <i>not Tyrants</i> with <i>absolute +unlimited</i> and <i>arbitrary</i> Power.</p> + +<p>Their Successors also, keeping up the same Custom, in the Year +of <i>Christ</i> 679, forced <i>Childeric</i>, their Eleventh King, +to <i>Abdicate</i>, because he had behaved himself insolently and +wickedly in his Government. And he having formerly caused a certain +Nobleman, called <i>Bodilo</i>, to be tied to a Stake and whipp'd, +without bringing him to a Tryal, was a few Days after slain by the +same <i>Bodilo</i>. Our Authors are <i>Aimoinus, lib. 4. cap. 44. +Trithemius, anno 678.</i> and <i>Sigebertus, anno 667</i>.</p> + +<p>The Severity of our Ancestors appear'd in the same Manner a +little while after, in the Instance of their 12th King +<i>Theodoric</i>; who being a wicked and covetous Prince, "the +<i>Franks</i> (says <i>Aimoinus</i>) <i>rose up against him</i>, +and <i>cast him out of the Kingdom</i>, cutting off his hair by +<i>force</i>," lib. 4. cap. 44.—<i>Ado</i>, Ætat. 6. +anno 696. but <i>Sigebertus</i> sub anno 667. imputes a great many +of his Crimes to <i>Ebroinus</i> his Favourite and chief General. +[Footnote: <i>Præfectus Regius.</i>] "King <i>Theodorick</i>" +(says he) "was <i>deposed</i> by the <i>Franks</i>, because of the +Insolence of <i>Ebroinus</i>, and his Brother <i>Hilderick</i> was +with unanimous Consent <i>chosen</i> King." And <i>Ado</i> says, +"The <i>Franks</i> cast <i>Theodorick</i> out of the Kingdom, +shaved <i>Ebroinus</i> in the Monastery of <i>Lexovium</i>, and +afterwards raised <i>Childerick</i> to be King over them." Also the +Appendix to <i>Greg. of Tours, lib. II. cap. 64.</i>—"The +<i>Franks</i> rise up in <i>Arms</i> against <i>Theodorick, cast +him out</i> of the Kingdom, and cut off his Hair: They shaved also +<i>Ebroinus."</i></p> + +<p>The like Virtue our Ancestors exerted in the Case of +<i>Chilperick</i> their 18th King, whom they <i>forced to abdicate +the Kingdom</i>, [Footnote: <i>Regno se abdicare coegerunt.</i>] +and made him a Monk, judging him unworthy to sit at the Helm of so +great an Empire, [Footnote: <i>Propter inertiam.</i>] <i>by reason +of his Sloth</i>. Whereof <i>Aimoinus</i>, lib. 4. cap. 61. +<i>Sigibertus</i> and <i>Trithemius</i>, anno 750. and +<i>Godfrey</i>, Chronic. part. 17. cap. 4. are our Witnesses.</p> + +<p>Again, a sixth Example of the like Severity is extant in +<i>Charles the Gross</i> their 25th King; who for the like +<i>Cowardise</i>, and because he had granted away part of +<i>France</i> to the <i>Normans, suffering his Kingdom to be +dismembred</i>, was [Footnote: <i>Ab optimatibus Regni +repudiatas.</i>] <i>rejected and turn'd out</i> by the +<i>Nobility</i> and <i>Gentry</i> of the Kingdom, as +<i>Sigebertus</i> tells us <i>anno 890</i>. Which same thing +<i>Godfridus</i> records, <i>part. 17</i>. But more at large +<i>Otto Frising, chron. 6. cap. 9.</i> where he adds this memorable +Passage,—"This Man (says he) who next to <i>Charles the +Great</i>, 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 <i>Arnolphus</i>, who was <i>chosen</i> 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 <i>Eastern</i> +and <i>Western</i> Kingdoms, together with the <i>Roman</i> Empire, +shou'd at last be brought down to such a Degree of Poverty, as to +want even Bread." A Seventh Instance is <i>Odo</i> the 26th King, +who after he had been elected King in the Room of <i>Charles</i> +the Son of <i>Lewis</i> the <i>Stammerer</i>, was in the 4th Year +of his Reign, by the <i>Franks, banish'd</i> into <i>Aquitain</i>, +and commanded to abide there; they replacing in his stead the same +<i>Charles</i> the Son of <i>Lewis</i>. Which Fact is recorded by +<i>Sigebertus</i>, sub anno 894. <i>Aimoinus</i> lib. 5. cap. 42. +and <i>Godfridus</i> part. 17.</p> + +<p>We must add to this Number <i>Charles</i> the 27th King, +sirnamed (because of his <i>Dullness</i>) [Footnote: <i>Propter +Stuporem ingenii</i>.] <i>Charles</i> the <i>Simple</i>: Who having +thro' his Folly suffer'd his Kingdom to run to Decay, and lost +<i>Lorrain</i> (which he had before recover'd) was <i>taken and +cast into Prison</i>, and <i>Rodolphus</i> was <i>chosen</i> in his +place, as <i>Aimoinus, lib. 5. cap. 42.</i> and <i>Sigebertus, anno +926.</i> do testify.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_VII" id="CHAP_VII" />CHAP. VII.</h2> + +<p class="one"><i>What Rule was observ'd concerning the Inheritance +of the deceased King, when he left more Children than one.</i></p> + +<p>All that we have above said, tends to prove, that the Kingdom of +<i>Francogallia</i> in old times, did not descend to the Children +by <i>Right of Inheritance</i> (as a private Patrimony does); but +was wont to be bestow'd by the <i>Choice and publick Suffrages of +the People</i>: 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 <i>Creating</i>, but also of +<i>dethroning</i> their Kings, was lodged in the <i>Convention</i> +of the <i>People</i>, and <i>Publick Council</i> of the Nation; it +necessarily follows, that the <i>ordering</i> the <i>Succession</i> +(whether they should give it entirely to one, or divide it) was +likewise in the <i>People</i>. Altho' in this place another +Question may arise, <i>viz.</i> supposing the People shou'd +<i>reject</i> the Son of their King, and <i>elect</i> 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: <i>In Regis ditione.</i>] +Governance; <i>viz.</i> the Goods of <i>Cæsar</i>, the Goods of +the <i>Exchequer</i>; the Goods of the <i>Publick</i>, and +<i>Private</i> Goods. The Goods of <i>Cæsar</i> are such as belong +to the <i>Patrimony</i> of every Prince, not as he is <i>King</i>, +but as he is Ludovicus, or <i>Lotharius</i>, or <i>Dagobertus</i>. +Now this Patrimony is called by the <i>Gallican</i> Institutions, +<i>The King's Domain</i>; which cannot be alien'd, but by the +Consent of the <i>publick Council</i> of the Nation, as we shall +make it appear hereafter, when we come to treat of the Authority of +that <i>Council</i>. The Goods of the <i>Exchequer</i> are such as +are given by the <i>People</i>, partly to defend the King's +Dignity, and partly appropriated to the Uses and Exigencies of the +<i>Commonwealth</i>. The Goods of the <i>Publick</i> (as the +Lawyers call them) are such as inseparably belong to the +<i>Kingdom</i> and <i>Commonwealth</i>. The <i>private</i> 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 +<i>Patrimonial</i> 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 <i>Kingdom</i> and +<i>Commonwealth</i>, must necessarily go to him who is chosen King, +because it is part of the <i>Kingdom</i>. Altho' it may be +reasonable, that Dukedoms, Counties, and such like (by Consent of +the <i>publick Convention</i> of the People) may be assigned to +such Children for the Maintenance of their Quality; as <i>Otto +Frising</i>, Chron. 5. cap. 9. and <i>Godfrey of Viterbo</i>, tell +us, That <i>Dagobert</i> Son of <i>Lotharius</i> being made King, +assigned certain Towns and Villages near the <i>Loire</i>, to his +Brother <i>Heribert</i> for his Maintenance. Which <i>Aimoinus</i> +confirms, <i>lib.</i> 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. <i>chap.</i> where he +speaks of King <i>Pipin</i>, "He bestowed (says he) some Counties +on his Brother <i>Grison</i>, according to the <i>Order</i> of the +Twelve Peers." And to this belongs what <i>Greg. Turon.</i> writes, +<i>lib. 7. cap. 32.</i>—"<i>Gondobaldus</i> 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 <i>Franks</i>) who spoke these Words to the King, +<i>Gondobaldus</i> says, he is a Son of King <i>Clotharius</i>, and +has sent us to claim a due Portion of his Kingdom."</p> + +<p>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 +<i>Francogallia</i> touching that Matter; because (as I said +before) the Kingdom was not hereditary. 'Tis true, that in many +<i>Noble Patrimonies</i> there was what we call <i>Fiefs</i>, +Feuda; as <i>Otto Frising. lib. 2. cap. 29.</i> observes, "'Tis the +Custom (says he) in <i>Burgundy</i>, which is also in most of the +other Provinces of <i>France</i>, 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 <i>Franks, Petrus de Vincis</i>, 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 <i>Francogallia</i>, 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 <i>Clodoveus</i> the 2d King dyed, <i>anno</i> 515. who left +four Sons, <i>Theodorick, Clodoveus, Childebert</i>, and +<i>Clotharius</i>, we find the Kingdom was thus divided among them; +<i>Theodorick</i> had the Kingdom of <i>Metz</i> for his Share, +<i>Clodoveus</i> that of <i>Orleans, Clotharius</i> that of +<i>Soissons</i>, and <i>Childebertus</i> that of <i>Paris</i>, as +'tis recorded by <i>Agathius</i>, lib. hist. 1. <i>Greg. Taron.</i> +lib. 3. cap. 1. <i>Aimoinus</i> lib. 2. cap. 1. <i>Rhegino</i> sub +anno 421.</p> + +<p>Again, after the Death of <i>Clotharius</i> the 4th King, the +Kingdom was divided among his four Sons. So that <i>Cherebertus</i> +had that of <i>Paris: Guntranus, Orleans: Chilpericus, +Soissons:</i> and <i>Sigebertus</i> that of <i>Rheims</i>—, +Greg. <i>lib. 4. cap. 22.</i> Aimoinus <i>lib. 3. cap. 1.</i> +Rhegino <i>sub anno</i> 498.</p> + +<p>On the other hand, <i>Otto Frising.</i> chron. 5. cap. 9. and +<i>God. Viterb.</i> tell us, That about the Year 630, when +<i>Lotharius</i> the 7th King died, <i>Dagobertus</i> his Son +reigned <i>singly</i> in <i>France</i>, and assigned to his Brother +<i>Heribert</i> some Cities and Villages on the River <i>Loire</i>, +for his Maintenance. For from <i>Clodoveus</i>'s Time till now, the +Kingdom of the <i>Franks</i> 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 <i>Franks</i> +reaching now from <i>Spain</i>, as far as to <i>Hungary: +Dagobert</i> being sole King of all the <i>Franks</i>, gave Laws to +the <i>Bavarians</i>." So says <i>Godefridus</i>, not without good +Grounds, as many wise Men have thought. For, as <i>Justin</i> tells +us, <i>lib. 21.</i> "That Kingdom will be much more potent, which +remains under the Domination of one Person, than when 'tis divided +among many Brothers."</p> + +<p>But after some Years, when the Kingdom of the <i>Franks</i> was +excessively enlarged on all Sides, and King <i>Pipin</i> was dead, +the <i>General Council</i> of the <i>Gauls</i> changed this Method +again. Which serves to confirm what we said before; <i>viz.</i> +That the <i>whole Power</i>, relating to that Matter, was lodged in +that <i>Council</i>. For <i>Eguinarthus</i>, in his Life of +<i>Charlemagn</i>, writes thus, "—After King <i>Pipin'</i>s +Death, the <i>Franks</i> having assembled themselves in a <i>solemn +general Convention</i>, did there <i>appoint</i> 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 +<i>Charles</i> shou'd reign over that part of it, which their +Father <i>Pipin</i> enjoy'd; and <i>Carloman</i> over the other +Part which their <i>Uncle</i> held."</p> + +<p>Also the <i>Abbot of Ursperg</i> says,—"When <i>Pipin</i> was +dead, his two Sons <i>Charles</i> and <i>Carloman</i>, by the +<i>Consent of all the Franks</i>, 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 <i>Charlemagn</i>, as +'tis manifest by his last Will and Testament, recorded by +<i>Joannes Nauclerus</i>, and <i>Eguinarthus</i>'s History of his +Life. Wherein we find almost all <i>Europe</i> 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. +<i>Otto Frisingensis</i>, chron. 6. cap. 6. and <i>Rhegino</i> in +chron. anno 877. assure us, that the same Manner of dividing the Kingdom +was practis'd in <i>East-France</i>, after the Death of <i>King +Lewis the Stammerer</i>, in 874. Again, some Years after, +<i>anno</i> 880. after King <i>Lewis</i> the 23d King's Death, the +very same way of dividing the Kingdom was made use of; which +however we are to observe, was <i>not in</i> the <i>Power</i> and +<i>Arbitriment</i> of <i>the Kings themselves</i>; but done by the +<i>Authority</i> of the <i>Publick Council</i>, as we may easily +collect from these Words of <i>Aimoinus</i>, lib. 5. cap. 40. "The +Sons (says he) of <i>Lewis</i>, late King of the <i>Franks</i>, met +at <i>Amiens</i>, and divided their Father's Kingdom between them, +<i>according to the Direction of their faithful Subjects</i>."</p> + +<p>From all which Arguments 'tis very plain, that anciently there +was no certain Law or Right of <i>Francogallia</i> touching this +Matter; but the <i>whole Power of disposing</i> of it was lodged in +the <i>Publick Council</i> of the Nation. Indeed afterwards in the +Reign of <i>Philip</i> 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 <i>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:</i> that +according to the Number of Children, some particular Lordships or +Territories, may <i>(by its Authority)</i> be assigned for their +Maintenance.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_VIII" id="CHAP_VIII" />CHAP. VIII.</h2> + +<p class="one"><i>Of the</i> Salick Law, <i>and what Right</i> +Women <i>had in the King's their Father's Inheritance</i>.</p> + +<p>Because we have undertaken to give an Account of the <i>Law</i> +and <i>Right</i> of <i>Regal Inheritance</i>, we must not omit +making Mention of the <i>Salick Law</i>; 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 +(<i>Anno</i> 1328.) <i>Charles the Fair</i>, Son of <i>Philip the +Fair</i>, died, leaving his Wife with Child of a Daughter, (which +some Months after was born) <i>Edward King of England</i> (Son of +<i>Isabella</i>, the Daughter of <i>Philip the fair</i>, and Sister +to <i>Charles</i> lately dead) claimed the Inheritance of his +Grandfather's Kingdom as his Right. But <i>Philip of Valois</i>, +Cousin germain by the Father's Side to the deceased King, standing +up, alledged that there was an ancient Regal Law, called the +<i>Salick Law</i>, by which <i>all Women</i> were excluded from the +Inheritance of the Crown. Now this Law both <i>Gaguinus</i> and +other Writers of like Stamp tell us, was written by +<i>Pharamond</i>; and he calls it a most famous Law, even to his +Time. For in his Life of <i>Philip of Valois</i>; "The +<i>Salick</i> Law (says he) was a Bar to <i>Edward</i>'s Title; +which Law being first given by <i>Pharamond</i> to the +<i>Franks</i>, 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: <i>Nulla hereditatis +portio de terrâ Salicâ ad mulierem venito; Let no Part +of the Inheritance of</i> Salick <i>Land come to a Woman</i>. Now (says +<i>Gaguinus</i>) the <i>French</i> Lawyers call <i>Salick</i> Land, +such as belongs only to the King, and is different from the +<i>Alodial</i> 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 +<i>Francogallican Historians</i>, but even all the <i>Lawyers</i> +and <i>Pettifoggers</i> have wrote to this Day, as <i>Paponius</i> +testifies, <i>Arrest.</i> 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 <i>Franks</i> had two Seats of their Empire, +and two Kingdoms; One in <i>France</i>, which remains to this Day; +The other beyond the <i>Rhine</i>, near the River <i>Sala</i>; from +whence they were called <i>Salii</i>, and <i>Salici Franci</i> +(joyning the two Names together) but for the most part briefly +<i>Salici</i>; the Kingdom of these last, and even their very Name +is in a Manner extinct. <i>Ammianus Marcellinus</i> makes mention +in his History (as we told you before) of these <i>Salii</i>, and +shews, that they are called the <i>Eastern Franks</i>, as the +others were called the <i>Western</i>. Now as there were two +Kingdoms of the <i>Franks</i>, so they had different Laws: those +that belonged to the <i>Salii</i>, were called <i>Salick</i>; those +that belonged to the <i>Francogalli</i>, were called <i>French. +Eguinarthus</i> in his Life of <i>Charles</i> the Great says +thus:—"After he had assumed the Imperial Title, finding that +his Peoples Laws were in many Things deficient, (<i>for the</i> +Franks <i>have two Laws very different from each other in many +Cases</i>,) he thought of adding such as were wanting."—The +Author of the Preface to the <i>Salick</i> Law has this +Passage.—"The renowned Nation of the <i>Franks</i>, before +it was converted to the Catholick Faith, enacted the <i>Salick</i> +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; +<i>Wisogast, Arbogast, Salogast</i>, and <i>Windogast</i>; who, +during three Conventions [<i>tres mallos</i>] carefully perusing +all Causes from their Original, gave their Judgment and Decree of +every one of them in this Manner, &c.—" <i>Sigebertus</i> +in Chron. anni 422. & <i>Otto Frising</i>, lib. 4. cap. penult. +make use of almost the same Words. "From that time (say they) the +Laws recommended to them by <i>Wisigastaldus</i> and +<i>Salogastus</i>, began to be in Force. By this <i>Salogastus</i>, +they tell us, that Law was invented, which from his Name is to this +Day called the <i>Salick</i> Law; and the most noble of the +<i>Franks</i>, called <i>Salici</i>, observe it at this +time."—Thus say the old Chronographers. By which we may +refute the Error of such as derive the <i>Salick</i> Law, +<i>à Sale</i>, that is, <i>Prudence</i>; or what is called +corruptly <i>Lex Salica</i>, instead of <i>Gallica</i>; 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 <i>Salick</i> Law had reference to the +<i>Publick Right</i> of the <i>Commonwealth</i> and the <i>Government</i>, +also to the <i>Hereditary Succession</i> of the Kingdom. Now the +very Records or Tables of this <i>Salick</i> 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 +<i>Pharamond'</i>s time: Besides, that all the Heads and Articles, +both of the <i>Salick</i> and <i>French</i> Laws, were +Constitutions relating only to <i>private Right</i> between Man and +Man, and meddled not with the <i>Publick</i> Right of the Kingdom +or Commonwealth: among the rest, one Chapter, <i>tit. 62.</i> has +this in it.—"Of the <i>Salick</i> 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, <i>de alode terræ;</i> [Footnote: +<i>Allodium</i> is the contrary to <i>Feudum, Gothick</i> words, +for which 'tis difficult to find proper <i>English</i>.] let it be +divided, <i>Non per stirpes sed per capita."</i> The like Law, +<i>Extat apud</i> Ripuarios, <i>tit.</i> 58. <i>Item apud</i> +Anglos, <i>tit.</i> 7. Where they are so far from enacting any +thing relating to the Inheritances of Kingdoms, that they do not so +much as affect <i>Feudal</i> Successions, but only belong to +<i>Allodial</i>; altho' a Portion was assigned to Women out of +those <i>Allodial</i> Lands. Which Way soever this Matter may be, +'tis manifest in the first Place, that altho' no Article, either of +the <i>Frank</i> or <i>Salick</i> 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' +<i>Childeric</i>, the Third King, left two Daughters behind him at +his Death, the Kingdom was given to his Brother <i>Lotharius</i>, +and his Daughters excluded. Again, after the Death of +<i>Cherebert</i> the 5th King, who left three Daughters; the +Succession devolv'd upon his Brother <i>Sigebert</i>. Also when +<i>Gontrannus</i> King of <i>Burgundy</i> and <i>Orleans</i> died, +the Kingdom was conferr'd on his Brother <i>Sigebert</i>, not on +his Daughter <i>Clotilda</i>. Lastly, <i>Philip</i> of +<i>Valois's</i> Advocates might with greater Caution, as well as +Efficacy, have argued for him out of the <i>Feudal</i> Law, by +which all Inheritances of <i>Fiefs</i> 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 <i>Feudum</i> or <i>Fief</i> 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 <i>Feuda</i>, but +<i>Feudastra</i>, as in other of our Writings we have made it +appear.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_IX" id="CHAP_IX" />CHAP. IX.</h2> + +<p class="one"><i>Of the Right of Wearing a large Head of Hair +peculiar to the Royal Family</i>.</p> + +<p>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; <i>viz</i>. 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 <i>Roman</i> +Histories tell us of <i>Julius Cæsar</i>, and several others. +<i>Aimoinus</i> lib. 1 cap. 4. says—"The <i>Franks</i> +chusing for themselves a King, according to the Custom of other +Nations, raised, <i>Pharamond</i> to the Throne, to whom succeeded +his Son Clodio crinitus; For at that Time the Kings of the +<i>Franks</i> wore large Heads of Hair. Also lib. 3. cap. 61. +<i>Gundoaldus</i> 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 <i>Franks</i>." In like Manner +<i>Agathius</i>, lib. de Bell. Goth. I. where he speaks of +<i>Clodoveus</i>, one of our Kings, who was taken in Battel by the +the <i>Burgundians</i>, (he calls him <i>Clodamirus</i>). "As soon +(says he) as his Horse had thrown him, the <i>Burgundians</i> +espying his large Head of Hair, which fell back over his Shoulders, +presently knew him to be the Enemy's <i>General</i>; for 'tis not +lawful for the Kings of the <i>Franks</i> 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. +<i>Aimoinus</i> 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 <i>Cologne</i>; from whence making his +Escape, he fled to <i>Narses</i>, and suffer'd his Hair to grow +again, &c." Which Story <i>Gregory</i> of <i>Tours</i>, lib. 6. +cap. 24. likewise records. Also <i>cap.</i> 44. where he speaks of +King <i>Theodorick</i>.—"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 <i>Gregory</i> of <i>Tours</i>, +concerning <i>Crotilda</i>, the Queen Mother; who chose rather to +have the Heads of her two Grandsons cut off than their Hair. 'Tis +in his 3d Book, <i>cap.</i> 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 <i>Archadius</i> 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 <i>Aimoinus</i>, +lib. 4. cap. 18. where he speaks of the dreadful Combat between +King <i>Dagobert</i> and <i>Bertoaldus</i>, Duke of the +<i>Saxons:</i> "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."</p> + +<p>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 <i>Gauls</i> and <i>Franks</i> to wear their +Hair long (as it was also of the <i>Sicambri</i>, 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 <i>Gauls</i> wore their Hair +long, especially when he calls to mind that of the Poet +<i>Claudian</i>, ex lib. in Ruffin. 2.</p> + +<div class="poem"> +<div class="stanza"> +<div class="i0"><i>Inde truces flavo comitantur vertice</i> Galli</div> +<div class="i0"><i>Quos</i> Rhodanus <i>velox</i>, Araris <i>quos tardior +ambit</i>,</div> +<div class="i0"><i>Et quos nascentes explorat gurgite</i> Rhenus.</div> +</div> +</div> + +<p>Now that the <i>Franks</i> did so too, whom we have shewn to be +descended from the <i>Chauci</i> or <i>Chaiici</i>, that single +Passage of the Poet <i>Lucan</i> is sufficient to confirm.</p> + +<div class="poem"> +<div class="stanza"> +<div class="i0"><i>Et vos</i> Crinigeros <i>bellis arcere</i> Chaycos</div> +<div class="i0"><i>Opposui, petitis</i> Roman, &c.</div> +</div> +</div> + +<p>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, <i>Reges +setatos, bristled Kings</i>; and not only so, but (tho' Bristles +and long Hair be common to Lyons, Horses and Swine, all which are +therefore called <i>Setosi</i>, or <i>Setigeri</i>) they stretched +the Contumely so far, as to say, they had Hogs Bristles. From +whence arose that filthy Fiction and foul Name, +τριχοραχάτον +of which <i>Georgius Cedrenus</i> writes thus in his History, +"Ἐλέγοντο +δὲ οἱ ἐκ +τοῦ γένους +ἐκείου +καταγόμενοι +κριστάτοι, ὅ +ἑρμηνεύεται +τριχοραχάτοι' +εἶχον γὰρ +κατὰ τῆς +ῥάχεως +αύτῶν τρίχας +ἐκϕυομένας +ὡς χοῖροι" that is, +"They who were of the Kingly Race were called <i>Cristati</i>, +which may be interpreted <i>Bristleback'd</i>; because they had all +along their Back bones, Bristles growing out like Swine"—, +Which Passage of <i>Cedrenus</i>, I believe, is corrupted, and +instead of the Word, +κριστάτοι ought to +be Σέτάτοι or perhaps both. +For as some Persons called them pleasantly <i>Christati</i> by +Reason of their large erected Bunch of Hair upon the Tops of their +Helmets; so their Ill-Willers called them upbraidingly +<i>Setati</i>, or <i>Setigeri</i>. If <i>Cedrenus</i> had not been +so very plain in this Passage, and the Appellation of +<i>Cristati</i> be to be retained, I shou'd rather have thought +they might have been called +τριχοχάρακτοι, +as being remarkable for their large Heads of Hair.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_X" id="CHAP_X" />CHAP. X.</h2> + +<p class="one"><i>The Form and Constitution of the</i> +Francogallican <i>Government</i>.</p> + +<p>These Things being thus briefly premised, we think it proper now +to set forth in what Manner the Kingdom of <i>Francogallia</i> was +constituted. And we have already made it plain, that the +<i>People</i> reserv'd to themselves all the Power not only of +<i>Creating</i>, but also of <i>Abdicating</i> their <i>Kings</i>. +Which Form of Government 'tis manifest our Ancestors had; before +they were brought under by the <i>Romans</i>, "So that <i>the +People</i> (as <i>Cæsar</i> tells us) <i>had no less authority and +Power over their Kings, than the Kings had over the People</i>. +Populus non minus in Regem, quam rex in populum imperii ac +Potestatis retinet." Altho' 'tis probable the <i>Franks</i> did not +derive this Constitution of their Commonwealth from the +<i>Gauls</i>; but from their Countrymen, the <i>Germans</i>; of +whom <i>Tacitus</i>, lib. de mor. <i>Germ</i>. says,—"Regibus +non est infinita aut libera Potestas. Their <i>Kings</i> have not +an <i>Arbitrary</i> or <i>Unlimited Power</i>." 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 <i>Tyranny</i>, 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>i. e.</i> that a King shou'd rule over a +People against their Wills; we have shewn you already, that the +<i>Supreme Power</i>, both of <i>Electing</i> and <i>Abdicating</i> +their <i>Kings</i>, was in the <i>People</i>. Secondly, as to a +Life-guard composed of Foreigners, (which they reckon the Second +Mark of <i>Tyranny</i>); so far were our <i>Francogallian</i> 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.</p> + +<p>As an Argument of this, we may observe what <i>Gregory of +Tours</i> writes, lib. 7. cap. 18. and <i>Aimoinus</i>, lib. 3. +cap. 63.—"King <i>Gontrannus</i> being inform'd by an +ordinary Fellow at <i>Paris</i>, that <i>Faraulphus</i> 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. <i>Lewis</i>, written +by that excellent Person <i>Joannes Jonvillæus</i>, 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.</p> + +<p>Now as to the third Mark of <i>Tyranny</i>, which is when +Matters are so carried, that what is done tends more to the Profit +and Will of the <i>Person governing</i>, than to that of the +<i>governed</i>, or the Good of the <i>Commonwealth</i>; we shall +hereafter prove, that the <i>Supreme</i> Administration of the +<i>Francogallican Kingdom was lodged in the Publick Annual Council +of the Nation, which in After-Ages was called the Convention of the +Three Estates</i>. For the Frame of this Government was the very +same which the <i>Ancient Philosophers</i>, and among them +<i>Plato</i> and <i>Aristotle</i> (whom <i>Polybius</i> 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, <i>viz</i>. the <i>Regal, Noble</i>, and +<i>Popular</i>. Which Form of a <i>Commonwealth, Cicero</i> (in his +Books <i>de Republicâ</i>) prefers to all other whatsoever. +For since a <i>Kingly</i> and a <i>Popular</i> Government do in +their Natures differ widely from each other, it was necessary to +add a <i>third</i> and <i>middle State</i> participating of both, +<i>viz</i>. that of the <i>Princes</i> or <i>Nobility</i>; who, by +Reason of the Splendor and Antiquity of their Families, approach, +in some Degree, to the <i>Kingly Dignity</i>; and yet, being +<i>Subjects</i>, are upon that Account on the same Foot and +Interest with the <i>Commons</i>. Now of the Excellency of this +Temperament in a Commonwealth, we have a most remarkable +Commendation in Cicero, taken by him out of <i>Plato</i>'s Books +<i>de Republicâ</i>; which, because of its singular Elegancy, +we shall here insert at length.</p> + +<p>"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 +<i>civitas</i>, consensu dissimillimorum, concinit, & quæ +<i>harmonia</i> a musicis dicitur in <i>cantu</i>, ea est in +<i>Civitate concordia</i>: arctissimum atq; optimum in Repub. +vinculum incolumitatis, quæ fine justitiâ nullo pacto esse +potest. <i>i. e.</i> 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 <i>first</i>, the <i>middlemost</i>, and the <i>lowest</i> of +the <i>States</i>, (just as in the Sounds) through the Consent of +People very unlike to each other, becomes agreeable: And what +Musicians in Singing call <i>Harmony</i>, that in a Commonwealth is +<i>Concord</i>; the very best and strongest Bond of Safety for a +Government, which can never fail of being accompanied with +<i>Justice</i>." 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 +<i>Calends</i> of <i>May</i>, a Publick <i>Council</i> of the whole +Nation should be held: at which <i>Council</i> the great Affairs of +the Republick shou'd be transacted by the common Consent and Advice +of all the <i>Estates</i>. 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 <i>Solomon</i> and other +Wise Men have said. Secondly, <i>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</i> ('tis a common Saying) <i>what concerns all, ought +to be approved by all</i>. 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 <i>great Council</i>, 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 <i>one +Prince</i>, may most justly (as <i>Aristotle</i> 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.</p> + +<p>Now whereas it may be objected, that most Kings have a constant +<i>Privy Council</i> to advise them in the Administration of +publick Affairs: We answer, That there is a great deal of +Difference between a Counsellor of the <i>King</i>, and a +Counsellor of the <i>Kingdom</i>. 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.</p> + +<p>Concerning this Matter, we have a most excellent Saying of the +Emperor <i>Aurelian</i>, recorded by <i>Flavius +Vopiscus</i>.—"My Father used to tell me (says +<i>Aurelian</i>) that the Emperor <i>Dioclesian</i>, 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 +<i>Publick</i> Affairs shou'd be managed by the joynt Advice and +Counsel of <i>all</i> the <i>Estates</i> of the <i>Kingdom</i>. To +which Purpose the <i>King</i>, the <i>Nobles</i>, and the +<i>Representatives</i> of the <i>Commons</i> 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 <i>Gallia</i>, where the +Administration of Publick Affairs was intrusted with the <i>Common +Councel of the chosen Men in the whole Nation</i> 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 <i>Amphictions</i> was instituted in <i>Greece</i> +(as <i>Suidas</i> and others testify) by King <i>Amphyction</i>, +Son of <i>Deucalion</i>; and therein it was ordained, that at a +certain appointed Time every Year, <i>Representatives</i> chosen +out of the Twelve Commonwealths of <i>Greece</i> shou'd meet at +<i>Thermopylæ</i>, and deliberate concerning all the weighty +Affairs of the Kingdom and Commonwealth: For which Reason, +<i>Cicero</i> calls this the <i>Common Council of Græcia</i>, +<i>Pliny</i> calls it the <i>Publick Council</i>.</p> + +<p>We find the like Wisdom in the Constitution of the <i>German +Empire</i>, wherein the <i>Emperor</i> represents the +<i>Monarchical</i> State, the <i>Princes</i> represent the +<i>Aristocratical</i>, and the <i>Deputies of the Cities</i> the +<i>Democratical</i>; neither can any Matter of Moment appertaining +to the whole <i>German Republick</i> be firm and ratified, but what +is first agreed upon in that <i>great Convention of the Three +Estates</i>. To this End was framed that ancient and famous Law of +the <i>Lacedemonians</i>, which joyned the <i>Ephori</i> to their +<i>Kings</i>; "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." <i>Pliny</i>, lib. 6. +cap. 22. makes mention of the like Practice in the Island of +<i>Taprobana</i>, 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 +<i>Slaves</i> or his <i>Cattel</i>."</p> + +<p>Furthermore, we find the very same Form of Administration of the +Kingdom of England, in <i>Polydore Virgil</i>'s History of +<i>England</i>, lib. 11. where he has this Passage in the Life of +<i>Henry</i> 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 <i>Henry</i>: which took such +deep Root, that it has always continued ever since, and still does +so; <i>viz.</i> That whatever related to the Well governing or +Conservation of the <i>Commonwealth</i>, ought to be debated and +determin'd by the <i>great Council</i>. And that if either the +<i>King</i> or the <i>People</i> shou'd act any thing <i>alone</i>, +it shou'd be esteemed <i>invalid</i>, and as <i>nothing</i>, unless +it were first approved and established by the <i>Authority of that +Council</i>. And for fear this <i>Council</i> shou'd be cumbred +with the Opinions of an <i>unskilful Multitude</i>, (whose Custom +it is to distinguish nothing justly) it was at first establish'd by +a certain Law, what <i>Sort</i> of Persons, and what <i>Numbers</i> +either of the <i>Priests</i> or of the <i>People</i> shou'd be +called to this <i>Council</i>, which, after a <i>French</i> Name, +they commonly call <i>A Parliament</i>; which every King at the +Beginning of his Reign uses to hold, and as often afterward as he +pleases, or as <i>Occasion</i> requires." Thus far <i>Polydore +Virgil</i>.</p> + +<p>But among all the Laws and Customs of this Kind, there is none +so remarkable as that of the <i>Spaniards</i>; who, when they +<i>elect</i> a King in the <i>Common-Council</i> of <i>Arragon</i>, +(in order to keep up a perpetual Remembrance of their Privileges) +represent a Kind of Play, and introduce a certain <i>Personage</i>, +whom they call by the Name of <i>The Law of Arragon</i>, [Footnote: +<i>La justitia di Arragon</i>.] 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 <i>unbridled +Will</i> 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 +<i>one</i> of <i>greater Authority</i> than you."</p> + +<p>Seeing then that the Case is so, and that <i>this has always +been a constant and universal Law of all Nations, that are governed +by a Kingly, and not by a Tyrannical Power</i>: 'Tis very plain, +that this most valuable Liberty of holding a <i>Common-Council</i> +of the Nation, is not only a Part of the <i>People's Right</i>; but +that all Kings, who by Evil Arts do oppress or take away this +<i>Sacred Right</i>, ought to be esteemed <i>Violators of the Laws +of Nations</i>; and being no better than <i>Enemies of Human +Society</i>, must be consider'd not as <i>Kings</i>, but as +<i>Tyrants</i>.</p> + +<p>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 <i>Solemn +General Council</i> shou'd be held: Which for that Reason, was +called a <i>Parliament</i> of the <i>Three Estates</i>. 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 <i>Parliaments</i>. Now of this +Council, the <i>King</i> sitting in his Golden Tribunnal, was +<i>chief</i>; next to him were the <i>Princes</i> and +<i>Magistrates</i> of the Kingdom; in the third Place were the +<i>Representatives</i> of the several Towns and Provinces, commonly +called the <i>Deputies</i>: For as soon as the Day prefix'd for +this Assembly was come, the <i>King</i> was conducted to the +Parliament House with a Sort of Pomp and Ceremony, more <i>adapted +to popular Moderation</i>, than to <i>Regal Magnificence</i>: which +I shall not scruple to give a just account of out of our own +Publick Records; it being a Sort of <i>Piety</i> 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 <i>Waggon</i>, and drawn +by <i>Oxen</i>, which a <i>Waggoner</i> drove with his <i>Goad</i> +to the Place of Assembly: But as soon as he was arrived at the +Court, or rather indeed the Venerable <i>Palace of the +Republick</i>, the Nobles conducted the King to the Golden Throne; +and the rest took their Places (as we said before) according to +their Degrees. This <i>State</i>, and in this <i>Place</i>, was +what was called <i>Regia Majestas, Royal Majesty</i>. Of which we +may even at this Day observe a signal Remain in the King's Broad +Seal, commonly called the <i>Chancery</i> Seal. Wherein the King is +not represented in a <i>military Posture</i> a Horse-back, or in a +<i>Triumphant Manner</i> drawn in his Chariot by Horses, but +sitting in his Throne <i>Robe'd</i> and <i>Crown'd</i>, holding in +his Right Hand the Royal Sceptre, in his Left the Sceptre of +Justice, and presiding in his <i>Solemn Council</i>. And indeed, in +that Place only it can be said that <i>Royal Majesty</i> 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.</p> + +<p>Of all these Matters, we shall give only a few Proofs, out of +many which we could produce. First, out of <i>Eginarthus</i>, who +was <i>Chancellor</i> to <i>Charles the Great</i>, and wrote his +Life. These are his Words: "Wherever he went (speaking of +<i>Charlemagn</i>) <i>about the publick Affairs</i>: 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."</p> + +<p><i>Joannes Nauclerus</i> gives us an Account of the very same +Thing, in almost the same Words, in <i>Chron. Generat. 26</i>. So +does the <i>Author</i> of the <i>Great Chronicle</i>, in the +Beginning of his Life of <i>Charlemagn</i>, 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 <i>Oxen</i>; of which we have one Instance +in <i>Greg. Turon. lib. 3. cap. 26. "Deuteria</i>, (says he) Wife +of King <i>Childebert</i>, 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." +<i>Aimoinus, lib. 4. cap. 30.</i> makes mention of the Golden +Throne, where he speaks of King <i>Dagobert</i>: "He proclaimed, +says he, <i>Generale PLACITUM in loco nuncupato +Bigargio</i>, a <i>Great Council</i> in a Place named +<i>Bigargium</i>: To which all the Great Men of <i>France</i> +assembling with great Diligence on the Kalends of <i>May</i>, the +King thus began his Speech to them, sitting on his <i>Golden +Throne</i>." Also in his 41st Chapter, speaking of King +<i>Clodoveus</i>—Sitting in the midst of them, on his +<i>Golden Throne</i>, he spoke in this Manner, &c. +<i>Sigebertus in Chron. Anni 662</i>.—"'Tis the Ancient +Custom (says he) of the Kings of the <i>Franks</i>, every +<i>Kalends of May</i>, to preside in a Convention of all the +People, to salute and be saluted, to receive Homage, and give and +take Presents." <i>Georgius Cedrenus</i> expresses this in almost +the same Words: καττά δὲ +τὸν Μάῖον +μῆνα +προκαιθέσεσαι +ἐπὶ παντὸς +τοῦ ἔθνους +καὶ +προσκυνῑν +αὐτοῑς καὶ +ἀντιπροσκυνῑσθαι +ὑπ' αὐτῶ, +δωροϕορεῖσθαί +τε καττὰ +συνήϕειαν +καὶ +ἀντιδιδόναι +αὐτοῑς.</p> + +<p>Now, concerning the <i>Authority</i> of the <i>People</i>, who +were thus gather'd together at the <i>Great Council</i>, we have +many Testimonies, <i>Aimoinus, lib. 4. cap. 41.</i> speaking of +<i>Clodoveus</i> the Second; "Altho' (says that King in his Speech) +the Care of our Earthly Principality <i>obliges</i> us to call you +together <i>Francigenæ cives</i>, 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 +<i>Saxony</i>, and there he held a <i>General Convention every +Year</i>, as he used to do every Year in <i>France</i> +also."—Again, <i>lib. 4. cap. 13.</i> where he speaks of +<i>Charles</i> the Great—"When the Hunting near <i>Aix la +Chapelle</i> was ended, as soon as he return'd, he held a +<i>General Convention</i> of his People, according to usual Custom, +&c. <i>Cap.</i> 116. The Emperor having held Two +<i>Conventions</i>, one at <i>Nimeguen</i>, the other at +<i>Compiegn</i>, wherein he receiv'd the Annual Presents, &c. +Again, <i>Cap.</i> 117. In the Month of <i>August</i> he came to +<i>Wormes</i>, 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, <i>Lib. 5. cap. 31</i>. The General <i>Placitum</i> was held +on the Ides of <i>June</i>, in the Town <i>Dusiacum</i>."</p> + +<p>And this may suffice touching this solemn <i>General +Council</i>, which both <i>French</i> and <i>German</i> Historians, +thro' a deprav'd Custom of the <i>Latin</i> Tongue, called by +different Names; sometimes <i>Curia</i>, sometimes <i>Conventus +Generalis</i>, but for the most Part <i>Placitum. Gregorius, lib. 7 +cap. 14</i> says thus:—"Therefore when the Time of the +<i>Placitum</i> approached, they were directed by King +<i>Childebert, &c. Aimoinus, lib. 4. cap. 109</i>. In the middle +of the Month he held the General Convention at <i>Thionville</i>, +where there was a very great Appearance of the People of the +<i>Franks</i>; and in this <i>Placitum</i>, the singular Compassion +of the most Pious Emperor eminently show'd it self, &c."</p> + +<p>Now it was the Custom in that <i>Council</i> to send Presents +from all Parts to the King; as may appear from many Places which +might be quoted, wherein that <i>Council</i> is called <i>Conventus +Generalis. Aimoinus, lib. 4. cap. 64</i>. speaking of King +<i>Pipin</i>—"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 <i>General Convention</i>, Three Hundred Horses, as a Gift +and Token of Respect. <i>Item, cap. 85</i>. Not forgetting the +Perfidy of the <i>Saxons</i>, he held the <i>General Convention</i> +beyond the <i>Rhine</i>, in the Town of <i>Kufftein</i>, according +to the usual Custom."</p> + +<p>This <i>Council</i> was sometimes called by another Name, +<i>Curia</i>, the <i>Court</i>; from whence proceeded the common +Saying, when People went to the <i>King's Hall</i> or <i>Palace, we +are going to Court</i>; because they seldom approach'd the King, +but upon great Occasions, and when a <i>Council</i> was call'd. +<i>Aimoinus, lib. 5. cap. 50. "Charles</i>, (says he) the Son of +the <i>Danish King</i>, sued (or prosecuted) several Noblemen of +<i>Flanders</i> very conveniently at this <i>Curia</i>, or +<i>Court</i>. <i>Item, cap. sequenti</i>; <i>Henry</i> King of the +<i>Romans</i> being dead, at that Great and General <i>Court, +Curia</i>, held at <i>Mentz. &c</i>. Also <i>Otto Frising</i>. +<i>Lib. Frideric</i>. I. <i>cap.</i> 40. After these Things, the +Prince enter'd <i>Bavaria</i>, and there celebrated a General +<i>Curia, Court</i>, in the Month of <i>February</i>. <i>Item, +cap</i>. 43. <i>Conrade</i> King of the <i>Romans</i>, calling the +Princes together at <i>Francfort</i>, a City of <i>East France</i>, +celebrated there a <i>General Court</i>."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XI" id="CHAP_XI" />CHAP. XI.</h2> + +<p class="one"><i>Of the</i> Sacred Authority <i>of the</i> Publick +Council; <i>and what Affairs were wont to be transacted +therein</i>.</p> + +<p>We think it necessary in this Place to consider what Kind of +Affairs were wont to be transacted in this general <i>Annual +Council</i>, and to admire the great <i>Wisdom</i> of our Ancestors +in <i>constituting our Republick</i>. We have (in short) observed +that they are these that follow. First, the <i>Creating or +abdicating of their Kings</i>. Next, the <i>declaring of Peace or +War</i>. The <i>making of all Publick Laws</i>: The +<i>Conferring</i> of all <i>great Honours, Commands</i>, or +<i>Offices</i> belonging to the <i>Commonwealth</i>: The +<i>assigning</i> of any <i>part</i> of the <i>deceased King's +Patrimony</i> to his Children, or giving <i>Portions</i> to his +<i>Daughters</i>, which they usually called by a <i>German</i> Name +<i>Abannagium</i>; that is, <i>pars exclusoria</i>, a Part set out +for younger Children. Lastly, all such Matters as in Popular Speech +are commonly called <i>Affairs of State</i>: Because it was not +lawful to determine or debate of any Thing relating to the +<i>Commonwealth</i>, but in the <i>General Council</i> of the +<i>States</i>.</p> + +<p>We have already produced sufficient Proofs of the +<i>Electing</i> and <i>Abdicating</i> their <i>Kings</i>, as well +from the last <i>Will</i> and <i>Testament</i> of <i>Charles</i> +the <i>Great</i>, as from several other Authors: To which we will +add this one Passage more out of <i>Aimoinus</i>, lib. 5. cap. 17. +where speaking of <i>Charles</i> the <i>Bald</i>, he says +thus,—"Having summon'd a <i>General Council</i> at [Footnote: +<i>Crecy</i>.] <i>Carifiacum</i>, he there first gave his Son +<i>Charles arma virilia</i>; that is, he girt him with a Sword, or +knighted him, and putting a Regal Crown upon his Head, assign'd +<i>Neustria</i> to him, as he did <i>Aquitain</i> to +<i>Pippin</i>."</p> + +<p>Now concerning the <i>Administration</i> of the <i>Kingdom</i>, +<i>Aimoinus</i> gives us this remarkable Instance, <i>lib.</i> 5. +<i>cap.</i> 35. speaking of <i>Charles</i> the <i>Bald</i>. +"<i>Charles</i> (says he) being about taking a Journey to +<i>Rome</i>, held a general <i>Placitum</i> on the Kalends of +<i>June</i> at <i>Compeign</i>; and therein was ordained under +particular Heads, after what Manner his Son <i>Lewis</i> should +govern the Kingdom of <i>France</i>, in <i>Conjunction</i> with his +<i>Nobles</i>, and the rest of the <i>Faithful People</i> of the +<i>Realm</i>, till such time as he returned from <i>Rome</i>."</p> + +<p>Also in the same Book, <i>cap.</i> 42. speaking of +<i>Charles</i> the <i>Simple</i>: "Whose Youth (says he) the +principal Men of <i>France</i> judging (as it was indeed) very +unfit for the exercise of the Government of the Realm, they held a +<i>General Council</i> touching these weighty Affairs; and the +great Men of the <i>Franks</i>, <i>Burgundians</i>, and +<i>Aquitanians</i> being assembled, elected <i>Odo</i> to be +<i>Charles'</i>s <i>Tutor</i> and <i>Governor</i> of the +Kingdom."</p> + +<p>Now concerning <i>the Power</i> of <i>making Laws</i> and +<i>Ordinances</i>, that single Passage in <i>Gaguinus'</i>s Life of +St. <i>Lewis</i> is a sufficient Proof. "As soon (says he) as King +<i>Lewis</i> arrived at <i>Paris</i>, he called a <i>General +Convention</i>, and <i>therein</i> reformed the Commonwealth; +making excellent Statutes relating to the Judges, and against the +Venality of Offices, &c."</p> + +<p>Concerning the <i>conferring</i> the <i>great Honours and +Employments</i> upon <i>Persons of approved Worth, Aimoinus lib. +5. cap. 36.</i> gives us this Instance; speaking of <i>Charles</i> +the <i>Bald</i>, 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 <i>Great Men summoned a +General Council</i>, 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 +<i>conferr'd Honours without their Consent</i>; for that Reason, +agreed together against him, and summoned a <i>general +Convention</i> in the Town of <i>Witmar</i>, from whence they sent +Ambassadors to <i>Lewis</i>, as <i>Lewis</i> likewise sent his +Ambassadors to them, &c."</p> + +<p>Also the Appendix to <i>Gregory</i> of <i>Tours, +lib. 11. cap. 54</i>. "That same Year (says he) King <i>Clotharius, +cum Proceribus & Leudibus</i>, i. e. with the Nobility and free +Subjects of <i>Burgundy</i>, met at <i>Troyes</i>, and when he +earnestly solicited them to advance another Person to the same +Place and Degree of Honour which <i>Warnhar</i> (lately deceased) +had enjoy'd, they unanimously refused to do it; and said, they +would by no Means have any <i>Mayor of the Palace</i>, earnestly +desiring the King to excuse them:" And thus they gained their Point +with the King.</p> + +<p>To this Head may be referr'd all <i>the Contentions</i> of such +<i>Princes</i>, as were foreseen might be <i>dangerous to the +Commonwealth</i>. These were debated in the <i>General Council</i>. +For <i>Aimoinus</i>, lib. 4 cap. I. where he speaks of +<i>Clotharius</i>, Son of <i>Chilperic</i>, from whom Queen +<i>Brunechild</i> demanded the Kingdom of <i>Austratia</i>, says +thus:—"<i>Clotharius</i> made answer, that she ought to call +a <i>Convention</i> of the <i>Nobles</i> of the <i>Franks</i>, 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 <i>Appendix</i> +to <i>Gregory</i> of <i>Tours</i>, lib. II. "<i>Clotharius</i> +(says he) made Answer to her, that he would refer the Difference +between them, to the Determination of the <i>Select Franks</i>, and +promis'd to fulfil whatsoever they should ordain." Also +<i>Aimoinus</i> lib. 5. cap. 12. where he speaks of King +<i>Lewis</i> the <i>Pious</i>, 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 <i>General Convention</i> held in some Town of +<i>France</i>.—<i>Item</i> cap.13. He appointed the <i>General +Convention</i> of his People to be held at <i>Thionville</i>. And +after a little Time, summon'd his People to meet on the Feast of +St. <i>Martin</i>, and used all his Endeavours to recal his Son +<i>Pipin</i> who had absented himself; but he refused to come, +&c." <i>Gaguinus</i> 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 <i>Nobility in +Convention</i>, they labour'd by all Means to have the <i>Great +Council</i> held within the Limits of <i>France</i>. But +<i>Lewis</i> knowing for certain that those <i>Franks</i> were +gained by his Enemies against him, refused it, and summon'd the +Convention to meet at <i>Mentz</i>, and ordered that none should be +admitted <i>Armed</i> to the Council. But his Sons, (who had +conspired against their Father) lest they should want the +<i>Authority</i> of a <i>Publick Convention</i>, assembled a +Council at <i>Compiegne</i>, consisting of the Bishops and Nobility +of the Kingdom. And <i>Lotharius</i> taking his Father out of +Custody, brought him to <i>Compiegne</i>."</p> + +<p>Again, <i>Aimoinus</i>, lib. 5. cap. 38. where he speaks of +Lewis <i>the Stammerer</i>, who held a <i>Council</i> at +<i>Marsua</i>, wherein he treated a Peace with his Cousin, says: +"In that <i>Placitum</i>, or <i>Parliament</i>, these Articles +which follow were agreed upon between them, <i>by and with the +Consent of the faithful Subjects of the Realm</i>."</p> + +<p>To proceed, We find further, that it was the Custom (when any +<i>Prince</i>, or <i>Person</i> of <i>Extraordinary Quality</i>, +was <i>accused of any Crime</i>) to summon him to appear before the +<i>Great Council</i>, and there he was to stand his <i>Trial</i>. +Thus in the Reign of King <i>Clotharius</i>, when <i>Queen +Brunechild</i> stood accused, and was found guilty of many capital +Crimes, the King made a Speech to the Estates of the <i>Great +Council of Francogallia</i>, in these Words; which are recorded by +<i>Aimoinus</i>, lib. 4. cap 1. "It belongs to you, my most dear +Fellow-Soldiers, and high Nobility of <i>France</i>, to appoint +what Kind of Punishment ought to be inflicted on a Person guilty of +such enormous Crimes, &c." And <i>Ado Ætat 6. sub Anno</i> +583. tells us, "The <i>Franks</i> passing Sentence upon her in the +King's Presence, condemn'd her to be torn in Pieces by wild +Horses."</p> + +<p>Now concerning the <i>dividing</i> of the <i>Royal Patrimon</i>, +and the <i>Appanages</i>, we have the same Person's Testimony, +<i>lib. 5. cap. 94</i>. where speaking of <i>Charlemagn</i>, he has +these Words—"These Matters being ended, the King held a +<i>Convention</i> of the <i>Nobility and Gentry</i> of the +<i>Franks</i>, 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 <i>Lewis</i>, lib. 5. +cap. 40. he says thus.—"They went to <i>Amiens</i>, and there +they divided their Father's Kingdom among them, <i>according to the +Advice and Direction of their faithful Subjects</i>." Further, +<i>cap.</i> 41. where he writes of <i>Carloman</i>, who held his <i>Great +Council</i> then at <i>Worms</i>.—"To this <i>Placitum</i> +(says he) came <i>Hugo</i>, and preferred his Petition for that +Part of the Kingdom, which his Brother <i>Lewis (in Locarium +acceperat)</i> had rented of him, or received in Pawn."</p> + +<p>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 +<i>Council</i> of the <i>Estates</i>. For <i>Aimoinus</i>, lib. 4. +cap. 41. where he speaks of <i>Clodoveus</i> the Second, tells us, +that sitting on his Throne, he began his Oration to the <i>General +Council</i> in these Words.—<i>"Quamquam Franciginæ cives, +&c.</i> 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."</p> + +<p>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 <i>Publick Council</i>, which they +called <i>Placitum</i>; because according to the Idiom of the +<i>Latin</i> Tongue, <i>that</i> is properly termed +<i>Placitum</i>, 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 <i>Cicero</i>, with others of the Ancients, +were wont to call such-like Determinations, <i>Placita +Philosophorum</i>.</p> + +<p>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; <i>viz</i>. That the common Form used by the +King's Secretary in the last Clause of our Ordinances and Edits, +<i>Quia tale est PLACITUM nostrum</i>, arises from hence: For +anciently those Laws were written in the <i>Latin Tongue</i>, (as +is sufficiently proved by <i>Aimoinus</i>, the <i>Capitulary of +Charles the Great</i>, 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,—<i>Car tel est nostre Plaisir: For such is our Will and +Pleasure</i>.</p> + +<p>Now as to the <i>Power</i> of the <i>People</i>, we have this +farther Argument extant in the same Capitulary of <i>Charles the +Great</i>.—"Let the <i>People</i> (says it) be consulted +touching all the Heads of the new Laws, which are to be added to +the former; and after they have <i>all given their Consents</i>, +let them set their Hands and Seals to every Article."</p> + +<p>From which Words, 'tis apparent that the People of <i>France</i> +were wont to be bound by such Laws <i>only</i>, as they had +publickly agreed to in their <i>Parliaments</i>. Also <i>in fine +Leg. Aleman</i>. we find this Passage.—"This is decreed by +the <i>King</i> and his <i>Nobles</i>, and all the Christian +<i>People</i> which compose the Kingdom of the +<i>Merovingians</i>." Also <i>Aimoinus</i>, lib. 5 cap. +38.—"In this <i>Placitum</i> the Laws which follow were +agreed upon, to be observed between them, by the <i>Consent</i> of +the faithful <i>Subjects</i>.—An Agreement made between the +Glorious Kings, &c. by the <i>Advice</i> and <i>Consent</i> of +their faithful Commons, &c."</p> + +<p>Lastly, we cannot omit observing, that so great was the +<i>Reputation</i> and <i>Authority</i> of this <i>General +Council</i>, even among <i>Strangers</i>, that <i>foreign +Princes</i> submitted to have their Controversies and Differences +decided by it. The <i>Appendix</i> to <i>Greg. Turon</i>. lib. 11. +cap. 37. <i>Anno</i> 12. of <i>Theodorick</i>'s Reign, has this +Passage in it.—"When <i>Alsaciones</i>, [perhaps +<i>Alsatia</i>] in which Country he had been brought up, and which +was left him by his Father <i>Childebert</i>, fell nevertheless to +<i>Theodebert</i>, according to the Custom in Use among the +<i>Barbarians</i>; the two Kings agreed that their Difference +should be decided by the judgment of the <i>Franks</i>, (in +<i>Salocissa castro</i>) in their Camp near the River +<i>Sala</i>."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XII" id="CHAP_XII" />CHAP. XII.</h2> + +<p class="one"><i>Of the Kingly Officers, commonly call'd</i> +Mayors of the Palace.</p> + +<p>Before we treat farther of the <i>uninterrupted Authority</i> of +the <i>Publick Council</i>, we think it not improper to say +somewhat of those Regal great Officers, which, during the +<i>Merovingian</i> Race were called (<i>Majores domus</i>) Masters, +or <i>Mayors of the Palace</i>. 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 <i>Præfecti Pretorio</i>, or Generals of the Guards in the +Time of the <i>Roman</i> Emperors, who were sometimes also titled +<i>Aulæ Præfecti</i>. They were usually appointed in and by the +same <i>Convention</i> which chose the <i>Kings</i>, and were wont +to be Chiefs or Heads of the <i>Publick Council</i>. 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 <i>Mayor of the Palace</i>. <i>Herchinold, Mayor of +the Palace</i>, being dead, the <i>Franks</i> conferr'd that +Dignity upon <i>Ebroinus</i>, and appointed him to be <i>Mayor</i> +in the King's Court." Also—"They chose <i>Hilderick</i> for +their <i>King</i>, and <i>Wolfold</i> for <i>Mayor of the +Palace</i>." 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 <i>Kings</i>, but +appointed by the Yearly <i>General</i> Council, and conferred upon +Men of the greatest Fidelity and Probity.</p> + +<p>But in this Magistracy, the same Thing hapned, which +<i>Plutarch</i> tells us (in his Life of <i>Lysander</i>) came to +pass when <i>Agesilaus</i> was appointed by the +<i>Lacedemonians</i> to be <i>General</i> of their Army, and +<i>Lysander</i> 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 +<i>Lysander</i>, whilst with the <i>King</i> remained only a naked +and empty Title."—Just so it fell out in our +<i>Francogallia</i>; Fair Opportunities of increasing the Power of +these <i>Mayors</i> of the Palace, being offer'd by the Sloth and +Negligence of our <i>Kings</i>; among whom we may reckon +<i>Dagobert, Clodoveus, Clotharius, Childericus, Theodoricus</i>, +&c. For the Author of the History of the <i>Franks</i>, often +cited by <i>Venericus Vercellensis</i>, tho' without naming him, +writes, That during the Reign of <i>Clotharius</i>, Father of +<i>Dagobert</i>, the Kingdom of the <i>Franks</i> began to be +administred and govern'd by some which were called <i>Provisores +Regiæ</i>, or <i>Majores Domus</i>. The same says <i>Godf. Viterb. +parte Chron.</i> 16. Whereupon, whilst those <i>Mayors</i> of the +<i>Palace</i> 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 <i>Childerick</i> the 18th +<i>King</i>, Pipin, <i>Mayor of the Palace</i>, (who in the King's +Name had waged great and long Wars, and had overcome and reduced +the <i>Saxons</i> 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, <i>Otto Frisingius</i>, Chron. 5. cap. 12. +and his Transcriber <i>Godf. Viterb.</i> Part. 16. who write +thus.—"The Kings of <i>France</i>, before the Time of +<i>Pipin the Great</i>, (formerly <i>Mayor of the Palace</i>) were +in a Manner but titular Princes, having very little to do with the +Government of the Realm." <i>Sigebertus</i> says almost the same +Thing <i>sub Anno</i> 662.—"From this Time, (says he) the +Kings of the <i>Franks</i> 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, <i>as being of the +ancient Regal Race</i>; but neither acted nor disposed of any +Thing: The whole Administration and Power of the Kingdom, was +lodg'd in the Hands of the <i>Mayor of the Palace</i>."</p> + +<p>Yet in Reading such-like Authorities, we ought to take this +Observation along with us. That since <i>Pipin</i> and his Sons +laboured (as 'tis probable they did) under a great Load of Envy, +for having violently wrested the Royal Dignity from King +<i>Childerick</i>, they made it their Business to find out and +employ <i>plausible ingenious Historians</i>, who magnified the +Cowardliness of <i>Childerick</i> and his Predecessors, upbraiding +them with Sloth and Idleness, beyond what they deserv'd. And among +such as these, we may reckon <i>Eguinarthus</i>, Chancellor to +<i>Charles</i> the <i>Great</i>, and one that did him special +Service of this Nature; who in the Beginning of his Book writes +thus.—"The Family of the <i>Merovingians</i>, out of which +the <i>Franks</i> used to <i>Elect</i> their Kings, is supposed to +have lasted as long as to <i>Hilderic</i>; who by the Appointment +of Pope <i>Stephen</i>, 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 +<i>Prefects of the Palace</i>, commonly called <i>Majores +Domus</i>; 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."</p> + +<p><i>Sigebertus, sub Anno 662.</i> taking <i>Eguinarthus</i> 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 <i>Clodoveus</i>, who not only defeated a +great Army of <i>Germans</i>, which had made an Irruption into +<i>France</i>, in a great Battel near <i>Tolbiacum</i>; but also +drove the Remainder of the <i>Romans</i> out of the Confines of +<i>Gallia</i>. What shall we say of <i>Childebert</i> and +<i>Clotharius</i>, who rooted the <i>Visigoths</i> and +<i>Ostrogoths</i> out of <i>Provence</i> and <i>Aquitain</i>, where +they had seated themselves? In the Histories of all which Princes, +there is no Mention made of any <i>Mayor of the Palace</i>, but +cursorily, and by the By, as one of the <i>King's Servants</i>. +This we may see in <i>Gregorius</i>, lib 5. cap. 18, where he +speaks of <i>Gucilius</i>, <i>Lib. 6. cap. 9.</i> and <i>cap. +45</i>. <i>Lib. 7. cap. 49</i>. And we find this Employment to have +been not only in the <i>King's</i> Palace, but also in the +<i>Queen's</i>: For the same <i>Gregorius</i>, lib. 7. cap. 27. +mentions one <i>Waddo</i> as <i>Mayor</i> of the <i>Palace</i>, in +the Court of <i>Queen Riguntha</i>: And in very many other Places +of their Histories, we find both <i>Gregorius</i> and +<i>Aimoinus</i> making Mention of these <i>Masters of the Court</i> +and <i>the King's House</i>.</p> + +<p>Now the first Beginning of the great Authority of these +<i>Præfecti Regii</i>, was (as we told you before) during the +Reign of King <i>Clotharius</i> the Second, about the Year of our +Lord 588. that is, about 130 Years after the constituting the +<i>Francogallican Kingdom</i>; which we may also learn from the +before-mention'd Historian, so often quoted by +<i>Venericus</i>.</p> + +<p>Yet there are two other Historians, (tho' not of equal Credit) +<i>Sigibertus</i> and <i>Trithemius</i>, who refer the Beginning of +so great a Power in the <i>Mayor of the Palace</i>, to the Reign of +<i>Clotair</i> the Third; whose <i>Magister Palatii</i> was one +<i>Ebroinus</i>, a Man of extraordinary Wickedness and Cruelty: But +however this may be, we find Historians calling them by several +other Appellations; such as <i>Comites Domus Regie, Præfecti +Aulæ, Comites Palatii, &c</i>.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XIII" id="CHAP_XIII" />CHAP. XIII.</h2> + +<p class="one"><i>Whether</i> Pipin <i>was created King by the</i> +Pope, <i>or by the Authority of the</i> Francogallican Council.</p> + +<p>Having in the former Chapter given an Account, that after the +Expulsion of <i>Childerick</i>, (a stupid Prince, in whom the Line +of the Merovingians ended) <i>Pipin</i>, from being <i>Mayor of the +Palace</i>, was created <i>King</i>; It will be worth our Enquiry, +to know by whose Authority the Kingdom was conferr'd upon him. For +<i>Pope Gelasius</i> says thus, <i>Cap. 75. Quest. 6.</i> —"<i>A +Roman Pope</i>, viz. <i>Zacharias</i>, deposed the King of the +<i>Franks</i>, 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 <i>Pipin</i>, Father of <i>Charles</i> +the Emperor: Absolving all the <i>Franks</i> from the Oath of +Allegiance to <i>Childeric</i>."</p> + +<p>And there is scarce an Author who does not acquiesce in this +Testimony of one <i>Pope</i>, concerning the Power of another: Thus +<i>Ado, Lambertus, Rhegino, Sigibertus, Aimoinus, Landulphus</i>, +nay, even <i>Venericus Vercellensis</i>, (in the Book which we +formerly quoted) cites these Words out of the Epistle of <i>Pope +Gregory</i> the VIIth. to <i>Herman</i> Bishop or <i>Metz</i>; viz. +"A certain <i>Pope of Rome deposed</i> the <i>King</i> of the +<i>Franks</i> from his Kingdom, nor so much for his Wickedness, as +his being unfit for so great a Power; and after having absolved all +the <i>Franks</i> from the Oath of Fidelity they had sworn to him, +placed <i>Pipin</i> in his Room.—Which <i>Otto +Frisingius</i>, lib. Chron. 5. cap. 23. and <i>Godfrey</i>, Chron. +Part. 17. laying presently hold of, break out into this +Exclamation—From this Action, the Popes of <i>Rome</i> derive +an Authority of changing and deposing Princes, &c."</p> + +<p>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 <i>not one</i> of all that +<i>great Number of Kings</i> of the <i>Franks</i>, 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 <i>making</i> +and <i>deposing</i> their Kings, was lodg'd in the yearly <i>great +Council</i> of the Nation; so that it seems incredible the +<i>Franks</i> shou'd neglect or forgo their Right, in this single +Instance of <i>Pipin</i>. But to make few Words of this Matter, +<i>Venericus Vercellensis</i> gives us the Testimony of an ancient +Historian, who has written of all the <i>Francogallican</i> +Affairs; whereby that whole Story of the <i>Pope</i>, is prov'd to +be a Lye: And 'tis clearly demonstrated, that both +<i>Childerick</i> was deposed, and <i>Pipin</i> chosen in his room, +according to the <i>usual</i> Custom of the <i>Franks</i>, and the +<i>Institutions</i> of our Ancestors: That is to say, by a +<i>solemn General Council of the Nation</i>; in whose Power +<i>only</i> 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 <i>Counsel</i>, and with +the <i>Consent</i> of all the <i>Franks</i>, (a Relation of this +Affair being sent to the Apostolick See, and its Advice had) the +most noble <i>Pipin</i> was advanced to the Throne of the Kingdom, +<i>By the Election of the whole Nation</i>, the Homage of the +Nobility, with the Consecration of the Bishops, &c." From which +Words, 'tis most apparent that <i>Pipin</i> was not appointed King +by the <i>Pope</i>, but by the <i>People themselves</i>, and the +<i>States of the Realm</i>. And <i>Venericus</i> explains this +Matter out of the same Historian. "<i>Pipin, Mayor</i> 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 <i>Mayor of the Palace</i>; the +<i>Opinion</i> of <i>Pope Zachary</i> being first known, because +the Consent and <i>Countenance</i> of a Pope of <i>Rome</i>, 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 <i>Pipin</i> was +made King by the unanimous Suffrages and Votes of the Nobility, +&c."—To the very same Purpose writes <i>Ado of +Vienna</i>, Ætat. 6. <i>sub Anno 727.</i>—"Ambassadors (says +he) were sent to Pope <i>Zacharias</i>, to propose this Question to +him; Whether or no the Kings of the <i>Franks</i>, who had scarce +any <i>Power</i> in their Hands, but contented themselves with the +bare <i>Title</i>, were fit to continue to be <i>Kings</i>?" To +which <i>Zacharias</i> return'd this Answer,—"That he thought +the <i>Person who governed</i> the Commonwealth, ought rather to +have also the <i>Title</i> of King: Whereupon the <i>Franks</i>, +after the Return of the Ambassadors, cast out <i>Childeric</i>, who +then had the Title of King; and by the <i>Advice</i> of the +<i>Ambassadors</i>, and of Pope <i>Zacharias, Elected Pipin</i>, +and made him King."</p> + +<p>Besides the above Proofs, we have <i>Aimoinus's</i> Testimony to +the same Purpose, <i>lib. 4. cap. 61</i>. where he concludes +thus.—"This Year <i>Pipin</i> got the Appellation of King of +the <i>Franks</i>, and according to their ancient Customs was +elevated to the Royal Throne in the City of <i>Soissons</i>, +&c." Nay, even <i>Godfrey of Viterbo</i> himself; <i>Chron. +part. 17. cap. 4.</i> "<i>Pipin</i> (says he) was made King by Pope +<i>Zacharias</i>, (<i>ex electione Francorum</i>) through the +<i>Election</i> of the <i>Franks</i>, <i>Hilderic</i> their +slothful King being, by the <i>Franks</i>, thrust into a +Monastery."</p> + +<p>In like Manner <i>Sigebertus</i>, sub Anno 752.— The +Authors of the <i>Miscellany History</i>, lib. 22. —<i>Otto +Frising</i>. lib. 5. Cap. 21, 22, 23. And the Author of the Book +intituled <i>Fasciculus temperum</i>, do all clearly agree in the +Account given of this Transaction. From which we may easily gather, +that altho' the <i>Franks</i> did <i>consult</i> the <i>Pope</i> +before they created <i>Pipin</i> King, yet it cannot therefore be +any Ways inferr'd from thence, that he was made King by the +<i>Pope's Authority</i>; 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.</p> + +<p>Lastly, no Man has more clearly explain'd this whole Matter than +<i>Marsilius Patavinus</i>; who during the Reign of <i>Lewis</i> of +<i>Bavaria</i>, writ a Book—<i>de translatione imperii</i>, +in which, <i>Cap. 6.</i> he has these Words.—"<i>Pipin</i>, a +very valiant Man, and Son of <i>Charles Martel</i>, was (as we +read) raised to the Dignity of being King of the <i>Franks</i>, by +<i>pope Zacharias</i>. But <i>Aimoinus</i> more truly informs us, +in his History of the <i>franks</i>, that <i>Pipin</i> was +<i>legally elected</i> King by the <i>Franks</i> themselves, and by +the Nobility of the Kingdom was placed in the Throne. At the same +Time <i>Childeric</i>, 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 <i>Zacharias</i> +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 +and electing of another, does not belong to any Bishop or +Ecclesiastick, nor to any College of Clergymen; but to the <i>whole +Body of citizens</i> [ad universitatem civium] inhabiting that +Region, and to the Nobles of it, or to the Majority of them both." +Therefore those Pretences of the <i>Popes</i>, to a Power of +<i>creating</i> or <i>abdicating</i> 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 <i>Stephen</i>, 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 +<i>Rhegino</i>, a Benedictine Monk, and Abbot of <i>Prunay</i>, +[Footnote: <i>Abbot Pruniacensis</i>] an irrefragable Testimony in +an Affair of this Nature; 'tis in <i>Chron. anni</i> 753. +—"<i>Stephen</i> 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 <i>Tobias</i>. I being constrained thro' +the Oppression of the holy Church, by that most wicked, +blasphemous, and not worthy to be named Wretch, <i>Aistolphus</i>, +to fly for Refuge to that <i>excellent and faithful Votary of +St.</i> Peter, <i>Lord</i> Pipin, the most <i>Christian</i> King, +took my Journey into <i>France</i>; where I fell into a mortal +Distemper and remained some Time in the District of <i>Paris</i>, +in the venerable Monastery of St. <i>Denis</i> 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 <i>Peter</i>; and that great Master of the <i>Gentiles</i>, +our Master <i>Paul</i>; whom I knew very well by their Vestments. +And a little after, I saw the blessed <i>Lord Denis</i>, a tall and +slender Man, standing at the Right Hand of our Lord <i>Peter</i>. +And then that good Pastor the Lord <i>Peter</i> said—This +good Brother of ours asks for Health. Then reply'd the blessed +<i>Paul</i>—He shall be healed presently. And thereupon +approaching to our Lord <i>Denis</i>, he amicably put his Hand upon +his Breast, and look'd back upon our Lord <i>Peter</i>, and Lord +<i>Peter</i> with a chearful Countenance said to our Lord +<i>Denis</i>, His Health shall be your particular Act of Favour. +Then presently Lord <i>Denis</i> 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. +<i>Peter</i> and St. <i>Paul</i>, 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 <i>August</i>; at which Time being strengthned by the Power +of <i>Christ</i>, between the Celebration of the Consecration of +the above-mention'd Altar, and the Oblation of the Sacrifice, I +anointed King <i>Pipin</i> and his two Sons, <i>Charles</i> and +<i>Carloman</i>, Kings of the <i>Franks</i>. Moreover, I laid Hands +upon, and blessed <i>Bertranda</i> the King's Wife, cloathed with +her Royal Mantle, and the Grace of the Sevenfold Holy Spirit: And +the Nobles of the <i>Franks</i> being sanctified by the Apostolical +Benediction, and the Authority delivered by <i>Christ</i> to St. +<i>Peter</i>, 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 <i>Pipin</i>."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XIV" id="CHAP_XIV" />CHAP. XIV.</h2> + +<p class="one"><i>Of the</i> Constable, <i>and</i> Peers <i>of</i> +France.</p> + +<p>Besides the great Office of <i>Mayor</i> of the <i>Palace</i> +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 +<i>Count</i> of the <i>King's Stable</i>; called at first, <i>Comes +stabuli</i>; and by Corruption at last, <i>Connestabuli</i>. 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 <i>Comites, Counts</i>; which +was likewise the Custom of the Ancients, as I have in some other of +my Works demonstrated. So <i>Cicero</i>, in many Places, calls +<i>Callisthenes, Comitem Alexandri magni</i>. This <i>Comes +stabuli</i> was in a Manner the same with the <i>Magister +Equitum</i> among the <i>Romans</i>, that is, <i>General</i> of the +<i>Horse</i>; to whom were subject those Keepers of the Horses +commonly called <i>Querries</i>. <i>Greg. Turen</i> lib. 5. cap. +39. says,—"The Treasurer of <i>Clodoveus</i> being taken out +of the City of <i>Bourges</i>, by <i>Cuppan</i>, <i>Count</i> of +the <i>Stable</i>, was sent in Bonds to the Queen, &c." And +again, <i>cap.</i> 48. where he speaks of +<i>Leudastes</i>,—"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 <i>Constableship</i>; +[<i>Comitatum Stabuloram</i>] 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 <i>Constable</i>. +<i>Aimoinus</i>, lib. 3. cap. 43. gives the same Account of this +<i>Leudastes</i>.—"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 <i>Charibert</i>, <i>Count</i> of +<i>Tours</i>." And <i>cap.</i> 70. "<i>Leudegesilus</i>, Præfect +of the King's Horses, whom they commonly call <i>Constable</i>, +being made General of that Expedition by the King, order'd the +Engines to be drawn down &c." Also <i>lib.</i> 4. <i>cap</i>, +95. where he speaks of <i>Charles</i> the Great,—"The same +Year (says he) he sent <i>Burchard, Comitem Stabuli sui</i>, which +we corruptly call <i>Constabulum</i>, with a Fleet against +<i>Corsica</i>"—. The Appendix to <i>Gregory</i> calls him, +<i>Comestabulum, lib.</i> II. <i>Brunechildis</i> (says he) was +brought out of the Village, <i>ab exporre Comestabulo</i>.</p> + +<p>This being so, <i>Albertus Krantzius</i>, lib. Suet. 5. cap. 41. +ventures to affirm, that this <i>Constable</i> was the same with +what the <i>Germans</i> call <i>Mareschal</i>. "They named (says +he) a <i>Governor</i>, one of the best Soldiers, who might have the +Power of Convocating the <i>Assembly</i> of the Kingdom, and of +acting in all Matters like the <i>Prince</i>. Our <i>Countrymen</i> +call him a <i>Mareschal</i>, the French call him <i>Constable</i>, +&c." This seems the more probable, because I do not remember +any Mention to have been made in ancient Times, of a +<i>Mareschal</i> in our <i>Francogallia</i>; so that 'tis very +likely to have been an Institution of our latter Kings, +accommodated to the Custom of the <i>Germans</i>.</p> + +<p>That this <i>Comitatus Stabulorum</i>, a <i>Constableship</i>, +had its Rise from the Institution of the <i>Roman Emperors</i>, I +do not at all question; altho' it grew by Degrees among us from +slender Beginnings, to the Heighth of chief <i>Governor</i> of the +<i>Palace</i>. In former Times that Dignity was a Sort of +<i>Tribunatus Militaris. Ammianus</i>, lib. 26. has this Expression +where he speaks of <i>Valentinian</i> the Emperor,—"Having +fixed his Stages, or Days Journeys, he at last entred into +<i>Nicomedia</i>; and about the Kalends of <i>March</i>, appointed +his Brother <i>Valens</i> to be Governor of his Stables, <i>cum +tribunatus dignitate</i>, with <i>tribunitial Dignity</i>." What +Kind of Dignity that was, we may find in the Code of +<i>Justinian</i>, lib. 1. Cod. <i>de comitibus & tribunis +Schol</i>. Where 'tis reckoned as a great Honour for them to +preside over the Emperor's Banquets, when they might adore his +Purple. Also in <i>lib. 3. Cod. Theodos. de annon. & tribut, +perpensa, 29. Cod. Theod. de equorum Collatione & lib. 1. Cod. +Theod.</i> 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.</p> + +<p>It now remains that we discourse a little of those Magistrates, +which were commonly called <i>Peers</i> of <i>France</i>; 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 <i>Francogallia</i>, not one affords us +any probable Account of this Institution. For what <i>Gaguinus</i>, +and <i>Paulus Æmilius</i> (who was not so much an Historian +of <i>French</i> Affairs, as of the <i>Pope's</i>) and other common +Writers do affirm, to wit, That those Magistrates were instituted +by <i>Pipin</i> or <i>Charlemagn</i>, appears plainly to be absurd; +because not one of all the <i>German</i> Historians, who wrote +during the Reigns of those Kings, or for some Time after, makes the +least Mention of those Magistrates. <i>Aimoinus</i> himself who +wrote a History of the Military Atchievements and Institutions of +the <i>Franks</i>, down to the Reign of <i>Lewis the Pious</i>, and +the <i>Appendix</i>, which reaches as far as the Time of <i>Lewis +the Younger</i>, being the 37th King, speak not one Word of these +<i>Peers</i> in any Place of their Histories; so that till I am +better inform'd, I must concur in Opinion with <i>Gervase</i> of +<i>Tilbury</i>, who (as <i>Gaguinus</i> says in the Book which he +wrote to the Emperor <i>Otho</i> the IVth, <i>de otiis +imperialibus</i>) affirms. That this Institution is first owing to +King <i>Arthur</i> of <i>Britain</i>, who ruled some time in Part +of <i>France</i>.</p> + +<p>For I suppose the Original of that Institution to be this; that +as in the <i>Feudal</i> Law such are called, <i>Pares curie +beneficiari</i>, i. e. <i>equal Tenants by Homage of the Court</i>, +or <i>Clientes, +ὁμότιμοι Clients of like +holding</i>, or <i>Convassilli, Fellow Vassals</i>, who hold their +<i>Fiefs</i> and <i>Benefices</i> from one and the same <i>Lord</i> +and <i>Patron</i>; and upon that Account are bound to him in +<i>Fealty</i> and Obedience: just so King <i>Arthur</i> having +acquired a new Principality, selected <i>twelve great Men</i>, to +whom he distributed the several Parts and <i>Satrapies</i> 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 <i>Peers</i>, because +they were <i>Pares Regi</i>, the <i>King's Equals</i>; since their +Parity his no Relation to the <i>Regal Dignity</i>, but only to +that Authority and Dignity they had agreed should be common among +them. Their Names were these, the <i>Dukes of Burgundy, +Normandy</i>, and <i>Aquitain</i>; the <i>Counts</i> of +<i>Flanders, Tholouse</i>, and <i>Champagne</i>; the +<i>Archbishops</i> of <i>Rheims, Laon</i>, and <i>Langres</i>; the +<i>Bishops</i> of <i>Beauvais, Noyon</i>, and <i>Chalons</i>. And +as the <i>Pares Curtis</i>, or <i>Curiæ</i>, in the <i>Feudal</i> +Law, can neither be created, but by the Consent of the Fraternity; +nor <i>abdicated</i>, but by Tryal before their Colleagues; nor +<i>impeach'd</i> before any other Court of Judicature; so these +<i>Peers</i> were not bound by any judgment or Sentence, but that +of the <i>Parliament</i>, that is, of this imaginary Council; nor +could be <i>elected</i> into the <i>Society</i>, or <i>ejected</i> +out of it, but by their <i>Fellows in Collegio</i>.</p> + +<p>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 <i>Peers</i>, was at the Inauguration of <i>Philip +the Fair</i>, by whom also (as many affirm) the Six +<i>Ecclestastical Peers</i> were first created.</p> + +<p>But <i>Budæus</i>, an extraordinary Learned Man, calls these +<i>Peers</i> by the Name of <i>Patritians</i>; and is of Opinion +that they were instituted by one of our Kings, who was at the same +Time <i>Emperor</i> of <i>Germany</i>; because, <i>Justinian</i> +says, those <i>Patres</i> were chosen by the <i>Emperor</i>, +<i>quasi Reipub. patronos tutoresque</i>, as it were <i>Patrons</i> +and <i>Tutors</i> of the Commonwealth. I do not reject this Opinion +of that Learned Person; such a Thing being very agreeable to the +Dignity of these <i>Peers</i>. For in the Times of the later +<i>Roman Emperors</i>, we find the <i>Patritian</i> Dignity not to +have been very unlike that of the <i>Peers</i>; because (as +<i>Suidas</i> assures us,) they were (partly) the <i>Fathers of +the</i> Republick, and were of <i>Council</i> with the Emperor in +all weighty Concerns, and made use of the same Ensigns of Authority +with the <i>Consuls</i>; and had greater Honour and Power than the +<i>Præfectus Prætorio</i>, tho' less than the <i>Consul</i>; as +we may learn <i>ex Justiniani Novellis</i>; from <i>Sidon. Apollin. +Claudian</i>; and <i>Cassiadorus</i> especially.</p> + +<p>But when the <i>Empire</i> was transferr'd to the +<i>Germans</i>, we do not believe this Honour was in use among +them. Neither is it likely, that none of the <i>German</i> +Historians should have made the least Mention of it, if any +<i>Patritians</i> of that Kind had been instituted by a +<i>German</i> Emperor, who at the same Time was King of +<i>Francogallia</i>.</p> + +<p>Lastly, The same <i>Badæus</i> tells us in that Place, tho' a +little doubtingly, that the like Dignity of <i>Peers</i> had been +made use of in other neighbouring Nations; and that in the <i>Royal +Commentaries, Anno</i> 1224, 'tis found written, that a certain +Gentleman of <i>Flanders</i>, called <i>Joannes Nigellanus</i>, +having, a Controversy there, appeal'd from the <i>Countess</i> of +<i>Flanders</i> to the <i>Peers</i> of <i>France</i>; having first +taken his Oath that he could not expect a fair and equal Tryal +before the <i>Peers</i> of <i>Flanders</i>. And when afterwards the +Cause was by the <i>Countess</i> revok'd to the judgment of the +<i>Peers</i> of <i>Flanders</i>, it was at Length for certain +Reasons decreed, that the <i>Peers</i> of <i>France</i> should take +Cognisance of it. What the Reasons were of transferring, that +Tryal, <i>Budæus</i> does not tell us; which one versed in the +<i>Feudal</i> Laws should never have omitted. But 'tis Time to +return to our principal Business.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XV" id="CHAP_XV" />CHAP. XV.</h2> + +<p class="one"><i>Of the</i> continued <i>Authority and Power of +the</i> Sacred Council, <i>during the Reign of the</i> Carlovingian +<i>Family</i>.</p> + +<p>We have, as we suppose, sufficiently explain'd what was the Form +and Constitution of our Commonwealth, and how great the Authority +of the <i>Publick Council</i> was during the Reigns of the Kings of +the <i>Merovingian</i> Family. We must now proceed to give an +Account of it under the <i>Carlovingian</i> Race. And as well all +our <i>own</i> as the <i>German</i> Historians, give us Reason to +believe that the very same <i>Power</i> and <i>Authority</i> of the +<i>Orders</i> or <i>States</i> of the Kingdom, was kept entire. So +that the last Resort and Disposal of all Things, was not lodged in +<i>Pipin</i>, <i>Charles</i>, or <i>Lewis</i>, but in the <i>Regal +Majesty</i>. The true and proper Seat of which was (as is above +demonstrated) in the <i>Annual General Council</i>. Of this +<i>Eguinarthus</i> gives us an Account, in that little Book we have +already so much commended. Where, speaking of what happen'd after +the Death of <i>Pipin</i>, he tells us, "that the <i>Franks</i> +having solemnly assembled their general Convention, did therein +constitute both <i>Pipin</i>'s Sons their Kings, upon this +Condition, That they should equally divide the whole Body of the +Kingdom between them; and that <i>Charles</i> should govern that +Part of it which their Father <i>Pipin</i> had possess'd, and +<i>Carlomannus</i> the other Part which their Uncle +<i>Carlomannus</i> had enjoy'd, &c." From whence 'tis easily +inferr'd, that the <i>States</i> 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 +<i>Merovingian</i> Kings. So that altho' the deceased King left +Sons behind him, yet there <i>came not</i> to the Crown so much +thro' any <i>Right of Succession</i>, as thro' the +<i>Appointment</i> and <i>Election</i> of the <i>States</i> of the +<i>Realm</i>. Now that all the other weighty Affairs of the Nation +used to be determined by the same <i>General Council</i>, +<i>Aimoinus</i> is our Witness, <i>lib.</i> 4. <i>cap.</i> 71. +where he speaks of the War with the <i>Saxons</i>. "The King (says +he) in the Beginning of the Spring went to <i>Nimeguen</i>; and +because he was to hold a General Convention of his People at a +Place called <i>Paderburn</i>, he marched from thence with a great +Army into <i>Saxony</i>." And again, <i>cap.</i> 77.—"Winter +being over, he held a Publick Convention of his People in a Town +called <i>Paderburn</i>, according to the <i>yearly Custom</i>." +Also <i>cap.</i> 79.— "And meeting with his Wife in the City +of <i>Wormes</i>, he resolved to hold there the <i>General +Council</i> of his People." In all which Places he speaks of that +<i>Charles</i>, who thro' his warlike Atchievements had acquired +the Dominion of almost all <i>Europe</i>, and by the universal +Consent of Nations had obtained the Sirname of the <i>Great</i>: +Yet for all that it was not in his Power to deprive the +<i>Franks</i> of their <i>ancient Right and Liberty</i>. Nay, he +never so much as endeavour'd to undertake the least Matter of +Moment without the <i>Advice</i> and <i>Authority</i> of his +<i>People</i> and <i>Nobles</i>. And there is no doubt of it, after +<i>Charles</i>'s Death, <i>Lewis</i> his Son administred the +Kingdom upon the same Terms and Conditions. For the <i>Appendix</i> +to <i>Aimoinus</i>, lib. 5. cap. 10. tells us, that when +<i>Charles</i> was dead, <i>Lewis</i> the Emperor, thro' a certain +Kind of Foreknowledge, summon'd the general Council of his People +to meet at <i>Doue</i>, near the <i>Loire</i>. And again, +<i>cap.</i> 38. where he makes Mention of the Articles of Peace, +concluded between King <i>Lewis</i> and his Cousin <i>Lewis</i>, +"—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 +<i>Placitum</i> it was also by common Consent found convenient, +that both Kings should return with a Guard [<i>redirent cum +scarâ</i>] <i>&c</i>." Also <i>cap.</i> 41. where he +speaks of <i>Carloman</i> the Son of <i>Lewis the +Stammerer</i>,— "And so (says he) he departed from the +<i>Normans</i>, and returned to <i>Wormes</i>, where he was on the +Kalends of <i>November</i> to <i>hold his Placitum</i>." Also in +the following Chapter, where he speaks of <i>Charles</i> the +Simple,—"Whose Youth (says he) the great Men of <i>France</i> +thinking unfit for the Administration of the Government, they held +a <i>Council</i> concerning the State of the Nation."</p> + +<p>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 <i>Charles</i> the <i>Simple</i>'s Reign, +that is, for more than 550 Years, the Judgment and Determination of +all the weighty Affairs of the Commonwealth, belonged to the +<i>great Assembly</i> of the <i>People</i>, or (as we now call it) +to the <i>Convention of the Estates</i>: And that this Institution +of our Ancestors was esteemed <i>sacred</i> and <i>inviolable</i> +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 <i>Pipin</i> was the first to whom the +Institution of the <i>Publick Council</i> is owing. Since +<i>Eguinarthus</i>, <i>Charles</i> the <i>Great</i>'s own +<i>Chancellor</i>, has most clearly proved, that it was the +constant Practice of the whole <i>Merovingian Line</i>, to hold +every Year the <i>Publick Convention</i> of the People on the +<i>Kalends</i> of <i>May</i>; and that the <i>Kings</i> were +carried to that Assembly in a Chariot or Waggon drawn by Oxen.</p> + +<p>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 <i>King</i> is one principal Single <i>Person</i>; but the +<i>Kingdom</i> is the whole Body of the <i>Citizens</i> and +<i>Subjects</i>. "And <i>Ulpian</i> defines him to be a Traytor, +who is stirred up with a Hostile Mind against the Commonwealth, or +against the Prince." And in the <i>Saxon</i> Laws, <i>Tit.</i> 3. +'tis Written, "Whosoever shall contrive any Thing against the +Kingdom, or the King of the <i>Franks</i>, 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 +<i>People</i> is not designed for the Sake of the <i>King</i>; but +the King is sought out and instituted for the Peoples Sake. For a +<i>People</i> 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 <i>King</i> without a <i>People</i>. Let us consider +more Differences between them. A <i>King</i> as well as any private +Person is a Mortal Man. A <i>Kingdom</i> is perpetual, and +consider'd as immortal; as Civilians use to say, when they speak of +Corporations, and aggregate Bodies. A <i>King</i> may be a Fool or +Madman, like our <i>Charles</i> VI who gave away his Kingdom to the +<i>English</i>: 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 <i>Kingdom</i> 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 <i>King</i> 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. +<i>Lewis</i>, to King <i>John</i>, and to <i>Francis</i> the First. +But a <i>Kingdom</i> though it has lost its <i>King</i>, 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 <i>King</i>, 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 <i>Kingdom</i> is continually supplied with +the Wisdom and Advice of the grave Persons that are in it. +<i>Solomon</i>, the wisest of Mankind, was in his old Age seduced +by Harlots; <i>Rehoboam</i>, by young Men; <i>Ninus</i>, by his own +Mother <i>Semiramis</i>; <i>Ptolomæus</i> sirnamed <i>Auletes</i>, +by <i>Harpers</i> and <i>Pipers</i>. 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 <i>Publick +Convention</i>.</p> + +<p>In the Year 1356: after King <i>John</i> had been taken Prisoner +by the <i>English</i>, and carried into <i>England</i>, a Publick +Council of the Kingdom was held at <i>Paris</i>. 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 <i>French</i>, Vol. 2. <i>sub Rege Johanne</i>, +fol. 169. Neither has there ever yet been any Age wherein this +plain Distinction between a <i>King</i> and a <i>Kingdom</i>, has +not been observed. The <i>King</i> of the <i>Lacedemonians</i> (as +<i>Xenophon</i> assures us) and the <i>Ephori</i>, renewed <i>every +Month</i> a mutual <i>Oath</i> between each other; the <i>King</i> +swore that he wou'd govern according to the written Laws; and the +<i>Ephori</i> swore that they wou'd preserve the Royal Dignity, +provided he kept his Oath. <i>Cicero</i>, in one of his Epistles to +<i>Brutus</i>, writes: "Thou knowest that I was always of Opinion, +that our Commonwealth ought not only to be deliver'd from a +<i>King</i>, but even from <i>Kingship</i>, Scis mihi semper +placuisse non <i>Rege</i> folum, sed <i>Regno</i> liberari +rempublicam."—Also in his Third Book <i>de +Legibus</i>—"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 <i>Kingly</i> Government, as of the +<i>Kings</i> who governed; it may seem that only the Name of a +<i>King</i> was then abolish'd, &c."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XVI" id="CHAP_XVI" />CHAP. XVI.</h2> + +<p class="one"><i>Of the</i> Capevingian <i>Race, and the Manner of +its obtaining the Kingdom of</i> Francogallia.</p> + +<p>It has been already shewn, that the Kingdom of +<i>Francogallia</i> continued in Three Families only, during One +Thousand Two Hundred Years. Whereof the first was called the +<i>Merovingian</i> Family. The second, the <i>Carlovingian</i>, +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 <i>Hereditary</i> Right, but according to the Appointment of the +<i>General Council</i>; yet the <i>Franks</i> were so far willing +to retain the Custom of their Progenitors the <i>Germans</i>, (who +as <i>Tacitus</i> tells us, chuse their <i>Kings</i> for their +<i>Nobility</i>, and their <i>Generals</i> for their <i>Valour</i>) +that for the most Part they elected such Kings as were of the Blood +<i>Royal</i>, and had been educated in a Regal Manner, whether they +were the Children, or some other Degree of Kindred to the Royal +Family.</p> + +<p>But in the Year 987, after the Death of <i>Lewis</i> the Fifth, +who was the 31st King of <i>Francogallia</i>, and the 12th of the +<i>Carlovingian</i> 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 <i>Charles Duke +of Lorrain</i>, Uncle to the deceased King, to whom the Succession +to the Kingdom, by ancient Custom seemed to be due; there arose up +one <i>Hugh Capet</i>, Nephew to <i>Hauvida</i>, Sister to the +Emperor <i>Otho</i> the First, and Son to <i>Hugh</i> Earl of +<i>Paris</i>; 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 <i>Empire of Germany</i>, and the Kingdom +of <i>France</i>; <i>Charles</i> upon Occasion had shewn himself +partial for the <i>Empire</i> against <i>France</i>, and upon that +Score had lost the Affections of most of the <i>French</i>. +Whereupon <i>Charles</i> having raised an Army, made an Irruption +into <i>France</i>, and took several Cities by Composition. +<i>Capet</i> relying on the Friendship and Favour of the +<i>Francogallican</i> Nobles, got together what Forces he cou'd, +and went to meet him at <i>Laon</i>, a Town in the Borders of +<i>Champagne</i>; and not long after a bloody Battel was fought +between them, wherein <i>Capet</i> was routed, and forced to fly +into the innermost Parts of <i>France</i>; where he began again to +raise Men in Order to renew the War. In the mean Time +<i>Charles</i> having dismiss'd his Army, kept himself quiet in the +Town of <i>Laon</i> with his Wife; but in the Year following he was +on a sudden surrounded by <i>Capet</i>, who besieged the Town with +a great Army.</p> + +<p>There was in the Place one <i>Anselmus</i>, Bishop of the City. +<i>Capet</i> 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 <i>Charles</i> and +his Wife Prisoners to <i>Orleans</i>, where he set strict Guards +over them. The King having been two Years in Prison, had two Sons +born to him there, <i>Lewis</i> and <i>Charles</i>; but not long +after they all died. So that <i>Capet</i> being now Master of the +whole Kingdom of <i>France</i> without Dispute or Trouble, +associated his Son <i>Robert</i> with him in the Throne, and took +care to get him declared his Successor. Thus the Dignity and Memory +of the <i>Carlovingian</i> Family came to an End, the 237th Year +after the first Beginning of their Reign. And this History is +recorded by <i>Sigebert</i> in <i>Chron</i>. Ann. 987. as well as +the <i>Appendix</i>, lib. 5. cap. 45.</p> + +<p>We must not omit making Mention of the <i>cunning Device</i> +made use of by <i>Hugh Capet</i>, for establishing himself in his +new Dominion: For whereas all the Magistracies and Honours of the +Kingdom, such as <i>Dukedoms, Earldoms</i>, &c. had been +hitherto from ancient Times conferr'd upon select and deserving +Persons in the General <i>Conventions</i> of the <i>People</i>, and +were held only during good <i>behaviour</i>; whereof (as the +Lawyers express it) they were but <i>Beneficiaries</i>; <i>Hugh +Capet</i>, in order to secure to himself the Affections of the +Great Men, was the first that made those <i>Honours perpetual</i>, +which formerly were but <i>temporary</i>; 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 <i>Franciscus Conanus</i> the Civilian, +<i>Comment. 2. Cap. 9</i>. By which notorious fact, 'tis plain, +that a great Branch of the <i>Publick Council'</i>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 <i>Great +Council</i> it self.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XVII" id="CHAP_XVII" />CHAP. XVII.</h2> + +<p class="one"><i>Of the uninterrupted Authority of the</i> Publick +Council <i>during the</i> Capevingian <i>Race</i>.</p> + +<p>We may learn, out of <i>Froissard, Monstrellet, Gaguinus, +Commines, Gillius</i>, 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 +<i>Capevingian</i> 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.</p> + +<p>And the first shall be, what hapned in the Year 1328. When +<i>Charles</i> the <i>Fair</i> dying without Issue Male, and +leaving a Posthumous Daughter behind him; <i>Edward</i> King of +<i>England</i>, and Son to <i>Isabella</i>, Sister of +<i>Charles</i>, claimed the Kingdom of <i>France</i> as belonging +to him of Right. Now there could be no Trial of greater Importance, +nor more illustrious, brought before the <i>Publick Council</i>, +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 <i>Authority</i> of the <i>Council</i> was greater than that of +both Kings. This Fact is recorded not only by all our own +Historians, but by <i>Polydore Virgil</i> an <i>English</i> Writer, +<i>Histor. lib</i> 19. Moreover, that great Lawyer <i>Paponius</i>, +<i>Arrestorum</i>, lib. 4. cap. I. has left it on Record, +(grounded, no doubt, upon sufficient Authorities,) "That both Kings +were present at that <i>Council</i>, when the Matter was almost +brought to an open Rupture; by the Advice of the <i>Nobles</i>, a +<i>General Convention</i> of the <i>People</i> and <i>States</i> +was summon'd: and the <i>Vote of the Majority</i> 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 <i>Valois</i>; to whom also the Kingdom was +<i>adjudged</i> and <i>decreed</i> in Case she brought forth a +Daughter."—Which History <i>Froissard</i>, Vol. I. Cap. 22. +<i>Paponius</i> Arrest. lib. 4. cap. I. Art. 2. and <i>Gaguinus</i> +in <i>Philippo Valesio</i>, have published.</p> + +<p>The Year 1356, furnishes us with another Example; at which Time +King <i>John</i> was defeated by the <i>English</i> at +<i>Poictiers</i>; taken Prisoner, and carried into +<i>England</i>.—"After so great a Calamity, the only Hopes +left were in the Authority of the <i>Great Council</i>; therefore +immediately a Parliament was summon'd to meet at <i>Paris</i>. And +altho' King <i>John</i>'s Three Sons, <i>Charles</i>, <i>Lewis</i> +and <i>John</i>, were at Hand, the eldest of which was of competent +Age to govern; yet other Men were chosen, to wit, <i>twelve +approved Persons</i> out of each <i>Order</i> of the <i>States</i>, +to whom the Management of the Kingdom's Affairs was intrusted; and +there it was decreed, that an Embassy shou'd be sent into +<i>England</i> to treat of Peace with the <i>English</i>." +<i>Froissard</i>, Vol. I. cap. 170. <i>Joannes Buchettus</i>, lib. +4. fol. 118. <i>Nich. Gillius</i> in Chron. <i>Regis Joannis</i>, +are our Authors.</p> + +<p>A third Instance we have <i>Anno</i> 1375, when the last Will +and Testament of <i>Charles</i> the Fifth, Surnamed the +<i>Wise</i>, was produced: By which Will he had appointed his +Wife's Brother, <i>Philip</i> Duke of <i>Bourbon</i>, to be +Guardian to his Sons, and <i>Lewis</i> Duke of <i>Anjou</i> his own +Brother, to be Administrator of the Kingdom till such Time as his +Son <i>Charles</i> shou'd come of Age. But notwithstanding this, a +<i>Great Council</i> was held at <i>Paris</i>, wherein (after +declaring the Testament to be void and null) it was decreed, that +the <i>Administration</i> of the Kingdom shou'd be committed to +<i>Lewis</i>, the Boy's Uncle: "<i>But upon this Condition, that +he</i> should be <i>ruled and governed</i> in that +<i>Administration, by the Advice of certain Persons named and +approv'd by the</i> Council." The Education and Tutelage of the +Child was left to <i>Bourbon</i>; 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.— <i>Froissard</i>, Vol. 2. cap. +60. <i>Buchett</i>, lib. 4. fol. 124. Chro. Brit. Cap.</p> + +<p>A 4th Example we have in the Year 1392; at which Time the same +<i>Charles</i> the Sixth was taken with a sudden Distraction or +Madness, and was convey'd first to <i>Mans</i>, and afterwards to +<i>Paris</i>; and there a <i>General Council</i> was held, wherein +it was decreed by the <i>Authority of the States</i>, that the +<i>Administration</i> of the <i>Kingdom</i> shou'd be committed to +the Dukes of <i>Aquitain</i> and +<i>Burgundy</i>.—<i>Froissard</i>, Vol. 4. cap. 44. is our +Author.</p> + +<p>5. Neither must we omit what <i>Paponius</i> (Arrest. lib. 5. +tit. 10. Art. 4.) testifies to have been declared by the +<i>Parliament</i> at <i>Paris</i>, within the Compass of almost our +own Memories, when <i>Francis</i> the First had a Mind to alienate +Part of his Dominions; <i>viz.</i> "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 <i>without +the Authority of the Great Council</i>, and of <i>the Three +Estates</i>," as he calls them.</p> + +<p>A 6th Example we have in the Year 1426, when <i>Philip</i> Duke +of <i>Burgundy</i>, and <i>Hanfred</i> [Dux <i>Glocestriæ</i>] +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 <i>Great Council</i> interposed its Authority, and decreed that +both shou'd lay down their Arms, and submit to have their +Controversies <i>judicially tryed</i> before the <i>Council</i>, +rather than <i>disputed</i> with the <i>Sword</i>. Which History is +related at large by <i>Paradinus</i>, in <i>Chron. Burgund. +lib.</i> 3. <i>Anno</i> 1426.</p> + +<p>A 7th Example happned in the Year 1484, when <i>Lewis the +Eleventh</i> dying, and leaving his Son <i>Charles</i>, a Boy of 13 +Years old; a <i>Council</i> was held at <i>Tours</i>, wherein it +was decreed, "The Education of the Boy shou'd be committed to +<i>Anne</i> the King's Sister;" but the Administration of the +Kingdom shou'd be intrusted to certain Persons <i>Elected and +approved by that Council</i>; notwithstanding <i>Lewis</i>, Duke of +<i>Orleans</i>, 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 <i>Council</i>, printed at <i>Paris</i>; and in +<i>Joannes Buchettus</i> 4th Book, folio 167.</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XVIII" id="CHAP_XVIII" />CHAP. XVIII.</h2> + +<p class="one"><i>Of the Remarkable Authority of the</i> Council +<i>against</i> Lewis <i>the</i> Eleventh.</p> + +<p>The <i>Power</i> and <i>Authority</i> of the <i>Council</i> and +the <i>Estates</i> assembled, appears by the foregoing Testimonies +to have been very great, and indeed (as it were) <i>Sacred</i>. But +because we are now giving Examples of this Power, we will not omit +a signal Instance of the <i>Authority</i> of this <i>Council</i>, +which interposed it self in the Memory of our Fathers against +<i>Lewis the Eleventh</i>, who was reputed more crafty and cunning +than any of the Kings that had ever been before him.</p> + +<p>In the Year 1460, when this <i>Lewis</i> 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 <i>Authority</i> of the Great <i>Council</i>, 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 <i>Great Men</i> of the Kingdom (stirred up by the daily +Complaints and Solicitations of the <i>Commons</i>,) "resolv'd to +gather Forces, and raise an <i>Army</i>; that (as <i>Philip de +Comines</i> expresses it) they might provide for the <i>Publick +Good</i>, 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 <i>compel him by +Force</i>: For which Reason that War was said to have been +undertaken for the Publick Good, and was commonly called the War +<i>du bien public</i>. "<i>Comines</i>, <i>Gillius</i>, and +<i>Lamarc</i>, have recorded the Names of those Great Men who were +the principal Leaders, the <i>Duke of Bourbon</i>, the <i>Duke of +Berry</i>, the King's Brother; the <i>Counts of Dunois</i>, +<i>Nevers</i>, <i>Armagnac</i>, and <i>Albret</i>, and the +<i>Duke</i> of <i>Charalois</i>, 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 <i>Publick</i> Good; they published Freedom from +Taxes and Tributes, and sent Ambassadors with Letters to the +<i>Parliament</i> at <i>Paris</i>, 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 <i>Office</i> of a +<i>Good King</i>, as the present Necessities of the <i>Publick</i> +required."—These are <i>Gillius</i>'s Words, lib. 4. fol. +152.</p> + +<p>The Annals intituled the Chronicles of <i>Lewis the +Eleventh</i>, printed at <i>Paris</i> by <i>Galliottus</i> fol. 27. +have these Words.—"The first and chiefest of their Demands +was, That a <i>Convention</i> of the <i>Three States</i> should be +held; <i>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</i>."—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 +<i>Paris</i>; at which were present some Chosen Men of the +University, of the Parliament, and of the Magistrates. The Answer +given the Ambassadors, was, That <i>what they demanded was most +just</i>; and accordingly a <i>Council</i> of the <i>Three +Estates</i> was summon'd."—These are the Words of that +Historian.—From whence the Old Saying of <i>Marcus +Antoninus</i> 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."</p> + +<p><i>Gaguinus</i>, in his Life of <i>Lewis</i> the +<i>Eleventh</i>, pag. 265. gives us <i>Charles</i>, the Duke of +<i>Burgundy's</i> Answer to that King's Ambassadors. +"<i>Charles</i> (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 <i>Convention of the Three +Estates</i>. Which when the Ambassadors had by Special Messengers +communicated to King <i>Lewis</i>, he hoping to gain his Point by +Delays, summon'd the <i>Great Council</i> to meet at <i>Tours</i>, +on the Kalends of <i>April</i> 1467; and at the appointed Time for +the <i>Convention</i>, they came from all Parts of the Kingdom, +&c."</p> + +<p>The same Passage, and in almost the same Words, is recorded in +the Book of Annals, <i>fol. 64.</i> and in the Great Chronicle, +<i>Vol. 4. fol. 242.</i> 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 +<i>Estates</i>, who shou'd establish the Commonwealth, and take +care that Right and Justice shou'd be done." But <i>Gillius</i> in +the Place above-mention'd says: "After the Battel at +<i>Montlebery</i>, many well-affected and prudent Men were elected +to be <i>Guardians</i> of the <i>Publick Good</i>, according as it +had been <i>agreed</i> upon between the <i>King</i> and the +<i>Nobles</i>; among whom the Count of <i>Dunois</i> was the +Principal, as having been the chief Promoter of that +Rising."—For it had grown into Custom after the Wealth of the +<i>Ecclesiasticks</i> was <i>excessively</i> increas'd, to divide +the People into Three <i>Orders</i> or <i>Classes</i>, whereof the +<i>Ecclesiasticks</i> made one; and when those <i>Curators</i> of +the <i>Commonwealth</i> were chosen, Twelve Persons were taken out +of each Order. So that it was enacted in that <i>Council</i>, 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, <i>Monstrellettus</i>, 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 <i>Regal +Authority</i>; viz. 12 out of the <i>Clergy</i>, 12 out of the +<i>Knights</i>, and 12 <i>skilful</i> 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 <i>in Verbo +Regis</i>, That whatsoever those 36 Men shou'd appoint to be done, +he wou'd ratify and confirm."</p> + +<p><i>Oliver de la Marck</i>, a <i>Flemming</i>, in his History, +<i>cap. 35.</i> writes the same Thing, and mentions the same Number +of 36 <i>Guardians</i> or <i>Curators</i> of the +<i>Commonwealth</i>. And he farther adds; "That because the King +did not stand to his Promise, but <i>violated</i> his <i>Faith</i>, +and the <i>Solemn Oath</i> which he had publickly sworn, a most +<i>cruel War</i> was kindled in <i>Francogallia</i>, 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."</p> + +<p>Upon the whole Matter 'tis plain, that 'tis not yet a hundred +Years compleat, since the Liberties of <i>Francogallia</i>, and the +<i>Authority</i> of its <i>annual General Council</i>, 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 <i>Commonwealth</i>, which at first was +<i>founded</i> and <i>establish'd</i> upon the <i>Principles of +Liberty</i>, 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.</p> + +<p>I cannot omit the great Commendation which that most noble +Gentleman and accomplish'd Historian, <i>Philip de Comines</i>, +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 <i>Council of the People</i> 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 <i>France</i> least of +any King in the World, to make use of such expressions as +this.—<i>I have a Power of raising as great Taxes as I please +on my Subjects</i>;—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>I tax as much as I have a mind to; and I have a Power of +taking it, which I intend to keep</i>. <i>Charles</i> 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 +<i>French</i>, let us but consider that <i>Convention</i> of the +<i>Three Estates</i> held at <i>Tours</i>, Anno 1484, after the +Decease of our King <i>Lewis</i> the <i>Eleventh</i>: About that +time the wholsome Institution of the <i>Convention</i> of the +<i>Three Estates</i> 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 <i>States</i>, because it tended to lessen and +diminish the King's Authority; but it was they themselves who were +<i>guilty of High-Treason against God, the King, and the +Commonwealth</i>. 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."</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XIX" id="CHAP_XIX" />CHAP. XIX.</h2> + +<p class="one"><i>Of the Authority, of the Assembly of the States +concerning the most important Affairs of Religion.</i></p> + +<p>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 <i>France</i>. 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 <i>Boniface</i> the Eighth +sent Ambassadors to King <i>Philip the Fair</i>, 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 +<i>Christendom</i>? In Consequence of these Principles, he required +of <i>Philip</i> to acknowledge him for his Sovereign Lord and +Prince, and to confess that he held his Kingdom of <i>France</i> +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 <i>Paris</i>, and in that Assembly the Pope's +Letters were read, to the Purport following. <i>Boniface, universal +Bishop, the Servant of the Servants of God, to</i> Philip <i>King +of</i> France. <i>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</i> ipso facto <i>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</i> Lateran <i>in the Month of +December, and in the Sixth Year of our Pontificate</i>. 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 <i>by the Grace of God, +King of</i> France, <i>to</i> Boniface, <i>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</i>. For +Witnesses of this History, we have the Author of the <i>Chronicle +of Bretayne</i>, lib. 4. chap. 14. and <i>Nicholas Gilles</i> in +the <i>Annals of France</i>, to whom ought to be join'd +<i>Papon</i>. in the first Book of his Arrests tit. 5. art. 27.</p> + +<div class="figcenter"><img width="30%" src="images/199a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XX" id="CHAP_XX" />CHAP. XX.</h2> + +<p class="one"><i>Whether</i> Women <i>are not as much debarr'd</i> +(<i>by the</i> Francogallican Law) <i>from the</i> Administration, +<i>as from the</i> Inheritance <i>of the Kingdom</i>.</p> + +<p>The present Dispute being about the <i>Government</i> of the +Kingdom, and the chief <i>Administration</i> of Publick Affairs, we +have thought fit not to omit this Question: Whether <i>Women</i> +are not as much debarr'd from the <i>Administration</i>, as from +the <i>Inheritance</i> of the Kingdom? And in the first Place we +openly declare, that 'tis none of our Intention to argue for or +against the <i>Roman</i> Customs or Laws, or those of any other +Nation, but only of the Institutions of this our own +<i>Francogallia</i>. For as on the one Hand 'tis notorious to all +the World, that by the <i>Roman</i> Institutions, <i>Women</i> were +always under <i>Guardianship</i>, and excluded from intermeddling, +either in publick or private Affairs, by Reason of the +<i>Weakness</i> of their Judgment: So on the other, <i>Women</i> +(by ancient Custom) obtain the <i>Supreme Command</i> in +<i>Some</i> Countries. "The (<i>Britains</i> says <i>Tacitus</i> in +his Life of <i>Agricola</i>) make <i>no Distinction of Sexes</i> in +<i>Government</i>." 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 <i>Francogallia</i> has +been administered by <i>Queens</i>, especially by <i>Widows</i> and +<i>Queen-Mothers</i>: So on the contrary, the Reason of the +Argument used in Disputations, is clearly against it. For she, who +cannot be Queen in her <i>own Right</i>, 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 <i>Queens</i> 'tis +only accidentally; as they are <i>Wives</i> to the <i>Kings</i> +their <i>Husbands</i>. Which we have prov'd out of Records for +twelve hundred Years together.</p> + +<p>To this may be added (which we have likewise prov'd) that nor +only the sole Power of <i>Creating</i> and <i>Abdicating</i> their +Kings, but also the Right of electing <i>Guardians</i> and +<i>Administrators</i> of the Commonwealth, was lodged in the same +<i>Publick Council</i>. Nay, and after the Kings were created, the +supreme Power of the Administration was retained still by the same +<i>Council</i>. And 'tis not yet full a hundred Years since 36 +Guardians of the Commonwealth were constituted by the same +<i>Council</i>, like so many <i>Ephori</i>: and this during the +Reign of <i>Lewis</i> the <i>Eleventh</i>, 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 <i>Aimoinus</i>, +lib. 4. cap. 1. where speaking of Queen <i>Brunechild</i>, Mother +to young <i>Childebert</i>; "The Nobility of <i>France</i> (says +he) understanding that <i>Brunechild</i> 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 <i>Crotildis</i>, Mother of the two Kings, +<i>Childebert</i> and <i>Clotarius</i>, got once the Power into her +Hands; and being extravagantly fond of the Sons of <i>Clodomer</i>, +(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 <i>large Heads of Hair</i> with the greatest Care +and Diligence imaginable, according to that ancient Custom of the +Kings of the <i>Franks</i>, which we have before given an Account +of. The two Kings (as soon as they understood it) presently sent +one <i>Archadius</i>, 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 <i>Gregory</i> +of <i>Tours</i>) 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 +<i>Gregory</i>, lib. 3. cap. 18. subjoyns—"This Queen, by her +Liberalities and Gifts conferr'd upon Monasteries, got the +Affections, <i>Plebis & vulgi</i> of the common People and Mob: +<i>Date frenos</i> (says Cato) <i>impotenti naturæ, & indomito +animali, & sperate ipsas modum licentiæ facturas</i>. 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 <i>Theodorick</i>, by Birth an +<i>Italian</i>; 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 <i>Gregory</i> of +<i>Tours</i> is this: "They were (says he) of the <i>Arrian +Sect</i>, 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. (<i>By the way, pray take notice +of the Custom of Communicating in both kinds by the People</i>.) +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."—<i>Fredegunda, Queen-Mother</i>, and Widow of +<i>Chilperick the First</i>, got the Government into her Hands; +She, in her Husband's Time, lived in Adultery with one +<i>Lander</i>; and as soon as she found out that her Husband +<i>Chilperick</i> 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 <i>Clotharius</i>, and kept +Possession of it for 13 Years; in the first Place she poyson'd her +Son's Uncle <i>Childebert</i>, together with his Wife; afterwards +she stirred up the <i>Hunns</i> 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 +<i>Francogallia</i>, during many Years, as <i>Aimoinus</i> tells +us, [lib. 3. cap. 36. & lib. 8. cap. 29.]</p> + +<p>There ruled once in <i>France</i>, <i>Brunechild</i>, Widow of +King <i>Sigebert</i>, and Mother of <i>Childebert</i>. This woman +had for her Adulterer a certain <i>Italian</i>, called +<i>Protadius</i>, whom She advanced to great Honours: She bred up +her two Sons, <i>Theodebert</i> and <i>Theodorick</i>, 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 <i>Meroveus</i>, the Son of <i>Theodebert:</i> She poysoned +her Son <i>Theodorick</i>. What need we say more? <i>Date +frænos</i> (as <i>Cato</i> says) <i>impotenti naturæ, & +indomito animali; & sperate illas modum licentiæ facturas</i>. +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 +<i>Great Council</i> of the <i>Franks</i> 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, <i>Greg. +Turonensis</i>, [lib. 5. cap. 39.] and [lib. 8. cap. 29.] And +<i>Ado</i> [Ætat. 6.] <i>Otto Frising</i>. [Chron. 5. Cap. 7.] +<i>Godfridus Viterbiensis</i> [Chron. parte 16.] & +<i>Aimoinus</i> [lib. 4. cap. 1.] Also the Appendix of <i>Gregory +of Tours</i>, [lib. 11.] whose Words are these: <i>"Having +convicted her of being the Occasion of the Death of Ten Kings of +the</i> Franks; <i>to wit, of</i> Sigebert, Meroveus, <i>and his +Father</i> Chilperick; Theodebert, <i>and his Son</i> Clothair; +Meroveus, <i>the Son of</i> Clothair, Theodorick, <i>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.</i>"</p> + +<p>Let us instance in some others: <i>Plectrudis</i> got the +Government into her Hands; a Widow not of the King, but of +<i>Pipin</i>, who ruled the Kingdom whilst <i>Dagobert</i> the +Second bore the empty Title of King. This <i>Plectrudis</i> having +been divorced by her Husband <i>Pipin</i>, 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 <i>Charles Martel</i>, Mayor of the +Palace, to quit his Employment, and in his Place put one +<i>Theobald</i>, a most vile and wicked Wretch; and at last She +raised a most grievous Civil War among the <i>Franks</i>, who in +divers Battels discomfited each other with most terrible +Slaughters. Thus, says <i>Aimoinus</i>, [lib 4. cap. 50. & cap +sequen.] Also the Author of a Book called, The State of the Kingdom +of <i>France</i> under <i>Dagobert</i> the Second, has these Words: +<i>"When the</i> Franks <i>were no longer able to hear the Fury and +Madness of</i> Plectrude, <i>and saw no Hopes of Redress from +King</i> Dagobert, <i>they elected one</i> Daniel <i>for their +King, (who formerly had been a Monk) and called him</i> +Chilperick." Which Story we have once before told you.</p> + +<p>But let us proceed. The Queen-Mother of <i>Charles</i> the +<i>Bald</i>, (whose Name was <i>Judith</i>) and Wife of <i>Lewis +the Pious</i>, who had not only been King of <i>Francogallia</i>, +but Emperor of <i>Italy</i> and <i>Germany</i>, got the Government +into her Hands. This Woman stirred up a most terrible and fatal War +between King <i>Lewis</i> 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 <i>Europe</i>: The Rise +of which Mischiefs, our Historians do unanimously attribute, for +the most Part, to <i>Queen Judith</i> in a particular Manner: The +Authors of this History are the <i>Abbot</i> of <i>Ursperg</i>, +<i>Michael Ritius</i> and <i>Otto Frising</i>. [Chron. 5. cap. 34.] +"<i>Lewis</i> (says this last) <i>by reason of the Evil Deeds of +his Wife</i> Judith, <i>was driven out of his Kingdom</i>." Also +<i>Rhegino</i> [in Chron. ann. 1338.] "<i>Lewis</i> (says he) +<i>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</i> Franks, +<i>was conferr'd upon</i> Lotharius <i>his Son. And this +Deprivation of</i> Lewis <i>was occasioned principally through the +many Whoredoms of his Wife</i> Judith."</p> + +<p>Some Ages after, Queen <i>Blanch</i>, a <i>Spanish</i> Woman, +and Mother to St. <i>Lewis</i>, ruled the Land. As soon as She had +seized the Helm of Government, the Nobility of <i>France</i> began +to take up Arms under the Conduct of <i>Philip</i> Earl of +<i>Bologn</i>, the King's Uncle, crying out (as that excellent +Author <i>Joannes Joinvillæus</i> writes) [cap. histor. 4.] +"<i>That it was not to be endured that so great a Kingdom shou'd be +governed by a Woman, and She a Stranger</i>." Whereupon those +Nobles rejecting <i>Blanch</i>, chose Earl <i>Philip</i> to be +Administrator of the Kingdom: But <i>Blanch</i> persisting in her +Purpose, sollicited Succours from all Parts, and at last determined +to conclude a League with <i>Ferdinand</i> King of <i>Spain</i>. +With <i>Philip</i> joyned the Duke of <i>Brittany</i>, and the +<i>Count de Eureux</i> 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 <i>France</i>, because the Administration of the +Government had been seized by the Queen-Mother: It hapned that the +King went (about that Time) to <i>Estampes</i>, 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 <i>Joinville</i> 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 <i>Paris</i>, and +commanded them to march towards <i>Estampes</i>. Scarce were these +Forces got as far as <i>Montlebery</i>, when the King (getting from +the Nobles) joyned them, and returned along with them to +<i>Paris</i>. As soon as <i>Philip</i> found that he was not +provided with a sufficient force of Domestick Troops, he sent for +Succours to the Queen of <i>Cyprus</i>, (who at the fame Time had +some Controversy depending in the Kingdom) She entring with a great +Army into <i>Champagn</i>, plunder'd that Country far and near; +<i>Blanch</i> however continues in her Resolution. This constrains +the Nobility to call in the <i>English</i> Auxiliaries, who waste +<i>Aquitain</i> 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.]</p> + +<p>And because many of our Countrymen have a far different Opinion +of the Life and Manners of Queen <i>Blanch</i>, 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 <i>Joinville</i> himself records [cap 76.] <i>viz</i>. 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 <i>Margaret</i>, +(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 <i>Blanch</i> approach the +Lodgings, they shou'd beat some Dogs, by whose Cry he might have +Warning to hide himself: And one Day (says <i>Joinville</i>) when +Queen <i>Margaret</i> was in Labour, and the King in Kindness was +come to visit her, on a sudden Queen <i>Blanch</i> 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. <i>Joinville</i> tells this Story +[<i>cap. hist. 76.</i>] in almost these same Words.</p> + +<p>Again, Some Years after this, <i>Isabella</i>, Widow of +<i>Charles</i> the 6th, (Sirnamed the <i>Simple</i>) got Possession +of the Government: For before the Administration of the Publick +Affairs cou'd be taken care of by the <i>Great Council</i>, 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 <i>Isabella</i> being driven out of <i>Paris</i> +betook her self to <i>Chartres</i>: There, having taken into her +Service a subtle Knave, one <i>Philip de Morvilliers</i>, She made +up a Council of her own, with a President, and appointed this +<i>Morvilliers</i> 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, <i>by +the Grace of God, Queen of</i> France: <i>who, by Reason of the +King's Infirmity, has the Administration of the Government in her +Hands, &c.</i>"— 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 <i>Publick Council</i> banished to +<i>Tours</i>, 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 <i>Monstrellet's</i>; History. [<i>cap.</i> +161 & <i>cap.</i> 168.]</p> + +<div class="figcenter"><img width="100%" src="images/051a.jpg" alt= +"Ornament" /></div> + +<p> </p> + +<h2><a name="CHAP_XXI" id="CHAP_XXI" />CHAP. XXI.</h2> + +<p class="one"><i>Of the</i> Juridical Parliaments <i>in</i> +France.</p> + +<p>Under the <i>Capevingian</i> Family there sprung up in +<i>Francogallia</i> a Kind of Judicial Reign, [<i>Regnum +Judiciale</i>] 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 <i>France</i>, +which are called <i>Lawyers</i> by some, and <i>Pleaders</i> or +<i>Pettyfoggers</i> 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 +<i>General Council</i>, (which we spoke of before) but also all the +<i>Princes</i> and <i>Nobles</i>, and even the <i>Regal Majesty</i> +it self: So that in whatever Towns the Seats of this same +<i>Judicial Kingdom</i> 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 <i>Paris</i>, 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 <i>litigious</i> and <i>Pettyfogging</i> +Trade? Insomuch, that the General Assembly of Lawyers in that City +(which is called the <i>Robed Parliament</i>) is grown to so great +a Heighth of Wealth and Dignity, that now it seems to be (what +<i>Jugurtha</i> said of old of the <i>Roman Senate</i>) no longer +an <i>Assembly</i> of <i>Counsellors</i>, but of <i>Kings</i>, and +<i>Governors</i> of <i>Provinces</i>. 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 <i>Juridical</i> Assemblies: So that now there are several of +these famous Parliaments, to wit, those of <i>Paris, Tholouse, +Rouen, Grenoble, Bourdeaux, Aix</i>, and <i>Dijon</i>: All which +are <i>fix'd</i> and <i>sedentary</i>; besides an Eighth, which is +ambulatory and moveable, and is called the <i>Grand +Council</i>.</p> + +<p>Within the Limits of these great <i>Juridical Kingdoms</i> there +are others lesser, which we may call <i>Provincial Governments</i>, +who do all they can to imitate the Grandeur and Magnificence of +their Superiors; and these are called <i>Presidial Courts</i>: And +so strong is the Force and Contagion of this Disease, that a very +great Part of the <i>French</i> 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 <i>Egyptians</i> were employ'd by +their Tyrants in Building <i>Pyramids</i>, and other such useless +Structures.</p> + +<p>Now the Word <i>Parliament</i> 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 <i>Parliament</i>; and for the same Reason the +<i>Publick Council</i> of the <i>Estates</i> was, in our old +Language, called a <i>Parliament</i>. Which Assembly, being of +great Authority, the Kings of the <i>Capevingian</i> Race having a +Mind to diminish that Authority by little and little, substituted +in its Place a certain Number of <i>Senators</i>, and transferred +the August Title of a <i>Parliament</i> to those <i>Senators:</i> +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 <i>Advisors</i> and <i>Approvers</i> of them. Next, +That no Magistracy or Employment in all <i>France</i>, whether +Civil or Military, shou'd be conferr'd on any Person, without his +being <i>inaugurated</i>, and taking the <i>Oaths</i> in that +<i>Assembly</i>. Then that there should be <i>no Liberty of +Appeal</i> 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 <i>General Council</i> of the +Nation, during so many Years together, was at Length usurped by +that <i>Counterfeit Council</i>, which the Kings took care to fill +with such Persons as would be most subservient to their Ends.</p> + +<p>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 <i>Paris</i>, by Order (as +some say) of King <i>Lewis Hutin</i>, which in our Ancient Language +signifies <i>mutinous</i> or <i>turbulent</i>. Others say, by +<i>Philip the fair</i>, about the Year 1314. thro' the Industry and +Care of <i>Enguerrant de Marigny</i> Count of <i>Longueville</i>, +who was hanged some Years after on a Gallows at <i>Paris</i>, for +embezzling the Publick Money, Whoever 'twas that built it, we may +affirm, that our <i>Francogallican</i> Kings took the same Pains in +building up this <i>litigious Trade</i>, that the <i>Egyptian</i> +Monarchs are said to have done in employing their Subjects to build +the <i>Pyramids</i>; among whom <i>Chemnis</i> is recorded to have +gathered together 360000 Men to raise one Pyramid. <i>Gaguinus</i>, +in his History of King <i>Hutin's</i> Life, has this +Passage,—"<i>This</i> Lewis <i>ordained, That the Court of +Parliament should remain fixed and immoveable in the City of</i> +Paris, that Suitors and Clients might not be put to the Trouble of +frequent Removals." Now what some affirm, that <i>Pipin</i> or +<i>Charlemagn</i> were the Authors of this Institution, is very +absurd, as we shall plainly make appear. For most of the Laws and +Constitutions of <i>Charlemagn</i> are extant; in all which there +is not the least Mention made of the Word <i>Parliament</i>, nor of +that great <i>fixed Senate</i>; he only ordains, That in certain +known Places his Judges should keep a <i>Court</i>, and assemble +the People; which according to his usual Custom he calls a +<i>Placitum</i>, or a <i>Mallum</i>, as [<i>lib. 4. cap. 35.</i> +Legis <i>Franciæ</i>] 'tis written, "<i>He shall cause no more than +three general</i> Placita <i>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—</i>." 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, <i>viz.</i> that the first Rise and +Seeds of so many Law-suits, Calumnies and Contentions in this +Kingdom, proceeded from Pope <i>Clement</i> the Fifth, who during +the Reign of <i>Philip the Fair</i>, transferred the Seat of his +Papacy to <i>Avignon</i>, at which Time his Courtiers and +Petty-Foggers, engaging into Acquaintance with our Countrymen, +Introduced the <i>Roman</i> 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. <i>Lewis</i>, as he is plainly called, +whose Life <i>Johannes Joinvillæus</i> (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 <i>Lewis</i> either determined the Controversies himself in +Person, or referred them to be determined by some of his Followers +and Companions: And therefore [<i>cap.</i> 94.] he thus +writes,—"<i>He was wont</i> (says he) <i>to command Lord</i> +Nellius, <i>Lord</i> Soissons, <i>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</i> Bois de Vincennes, <i>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</i> Peter Fountain <i>and</i> +Godfrey Villet <i>to plead the Causes of the contending Parties. I +have often</i> (says he) <i>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.</i>" Thus far +<i>Joinvillæus</i>—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 <i>Capitular</i> of +<i>Charles the Great</i> this Law is extant.—"<i>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.</i>"</p> + +<p>We have the like Testimony in <i>William Budæus</i>, a very +famous Man, and a Principal Ornament of our Kingdom of +<i>France</i>. For in his Annotations on the <i>Pandects</i> (where +he treats of this very Argument, and inveighs against this +<i>Kingdom of Brawlers and Petty-Foggers</i>) he tells us, that he +finds in the Regal Commentaries of Venerable Antiquity, (the free +Perusal of which his Quality did intitle him to) "<i>That in the +Reign of the same King</i> Lewis, [Anno 1230.] <i>several +Controversies arose between the King and the Earl of</i> Britany; +<i>And that by Consent (as 'tis probable) of both Parties, a +Camp-Court of Judicature was summoned to meet at</i> Erceniacum, +<i>wherein sate as Judges, not Lawyers, Civilians and Doctors, but +Bishops, Earls, and Barons. And there the Earl of</i> Britany +<i>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</i>. Again, in the same +King's Reign, [Anno 1259.] <i>a Dispute having arisen about the +County of</i> Clairmont <i>between the King and the Earls of</i> +Poitou <i>and</i> Anjou, <i>a Court of Judicature, composed of the +like Persons was appointed, wherein sat the Bishops and Abbots, the +General of the</i> Dominicans, <i>the Constable, the Barons, and +several</i> Laicks. To this he subjoyns: <i>Yet there were two +Parliaments called each Year, at</i> Christmas <i>and at</i> +Candlemas, <i>like as there are two</i> Scacaria <i>summoned in</i> +Normandy <i>at</i> Easter <i>and at</i> Michaelmas." Thus far +<i>Budæus</i>; to whom agrees what we find in an ancient Book +concerning the <i>Institution of Parliaments</i>, wherein this +Article is quoted out of the <i>Constitution of Philip</i> the 4th, +Sirnamed the <i>Fair</i> [ex Anno 1302.]—"<i>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</i> Paris, <i>and two</i> Scacaria <i>at</i> +Rouen: <i>That the</i> Dies Trecenses <i>shall be held twice a +Year: and that a Parliament shall be held at</i> Tholouse, <i>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."</i>—From which Words +we may learn, First, how <i>seldom</i> the Courts of Judicature +heard Causes in those Days. Next, how few judges sat in those +<i>Parliaments</i>. For as to the other Provinces and Governments +of the Kingdom, we have (in the same Book) the <i>Constitution of +Philip the Fair</i>, in these Words, [Anno +1302.]—"<i>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."</i></p> + +<p>Furthermore, <i>Budæus</i> in the same Place, [Anno 1293.] +writes, that <i>Philip</i> the <i>Fair</i> appointed, that three +Sorts of People shou'd sit in Parliament, viz. <i>Prelates, +Barons</i>, and <i>Clerks mixed with Laymen:</i> "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, <i>Budæus</i> +lamenting the Evil Customs of our Times; that is, this <i>Kingdom +of Lawyers</i> now in Vogue, breaks out with <i>Juvenal</i> into +this Exclamation: "<i>Quondam hoc indigenæ vivebant more! So</i> +(says he) <i>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.]"</i> Thus far +honest <i>Budæus</i>; a most inveterate Adversary of this Art of +Chicanery, upon all Occasions.</p> + +<p>To return to our Purpose, of giving an Account upon what +Foundations and Beginnings this <i>Reign of Litigiousness</i> was +first raised. As <i>Cicero</i> writes, that the Old High-Priests +(by Reason of the Multitude of Sacrifices) instituted three +Assistants called <i>Viri Epulones</i>, altho' they themselves were +appointed by <i>Numa</i> to offer Sacrifice at the <i>Ludi +Epulares</i>: In like Manner, out of a very <i>Small Number</i> of +Parliamentary Judges, (when Law-Suits and Litigiousness increased) +swarm'd this incredible Multitude of <i>Judges</i>, and +<i>Spawn</i> of <i>Counsellors</i>. And, in the first Place, a +great, sumptuous and magnificent Palace was built (as we told you +before) either by the Command of <i>Lewis Hutin</i>, or of +<i>Philip the Fair:</i> then (from a moderate Number of judges) +three Courts of Ten each, were elected a [<i>tres decurie</i>] +<i>viz.</i> Of the <i>great Chamber</i> of <i>Accounts</i>, of +<i>Inquests</i>, and of <i>Requests</i>. Which Partition +<i>Budæus</i> speaks of in the above quoted Place, but more at +large <i>Gaguinus</i> in his Life of King <i>Lewis Hutin</i>.</p> + +<p>I must not omit one remarkable Thing that ought for ever to be +remembred, which both these Authors have transmitted to Posterity: +<i>viz.</i> That this Meeting of the Court of Judicature was not +<i>perpetual</i> and <i>fixed</i>, as 'tis now, but +<i>summonable</i> by the <i>King's Writs</i>, which every Year were +renewed by Proclamation about the Beginning of <i>November:</i> +"<i>And that we may be certain</i> (says <i>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</i> St. Martin, <i>that is, on the 10th +of</i> November."</p> + +<p>Now of the wonderful and speedy Increase of this <i>Judicial +Kingdom</i>, we have this Instance; That about a hundred Years +after its Beginning, that is, in the Year 1455, in the Reign of +<i>Charles</i> the 7th, we find this Order made by +him—<i>From the Feast of</i> Easter, <i>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.</i> Martin <i>forwards, they may meet later.—</i>And a +little after it says, <i>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.</i> +This was <i>Charles</i> the 7th's Order: But in <i>Charles</i> 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. <i>Legis +Francie</i>; "<i>Let a</i> Comes, <i>a Judge</i> (says he) <i>not +hold a</i> Placitum, <i>(that is, not pass a Decree) but before +Dinner, or Fasting.</i>"</p> + +<p>Concerning the Word <i>Parliament</i>, and the Authority of that +Name, we have this Argument; That when of old a Senate was +instituted in <i>Dauphine</i> with supreme Authority, which was +commonly called the <i>Council of Dauphine</i>; <i>Lewis</i> the +11th endeavouring to oblige the <i>Dauphinois</i>, who had well +deserved from him, changed the Name of this <i>Council</i> into +that of a <i>Parliament</i>, without adding any Thing to the +Privileges or Authority of it. Of which <i>Guidopappius</i> is our +Witness. [Quest. 43. and again quest. 554.]</p> + +<h3>FINIS.</h3> + +<div class="figcenter"><img width="50%" src="images/220b.jpg" alt= +"Ornament" /></div> + +<p> +Transcriber's note: The source text contained inconsistencies in spelling, punctuation, capitalization, and italicization; these inconsistencies have been retained in this etext. +</p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Franco-Gallia, by Francis Hotoman + +*** END OF THIS PROJECT GUTENBERG EBOOK FRANCO-GALLIA *** + +***** This file should be named 17894-h.htm or 17894-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/8/9/17894/ + +Produced by Stan Goodman, Turgut Dincer and the Online +Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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