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+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: ASCII
+
+*** 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
+
+
+
+
+
+[Transcriber's note: The source text contained inconsistencies in
+spelling, punctuation, capitalization, and italicization; these
+inconsistencies have been retained in this etext.]
+
+
+
+Franco-Gallia:
+OR, AN
+ACCOUNT
+OF THE
+Ancient Free State
+OF
+_FRANCE_,
+AND
+Most other Parts of EUROPE,
+before the Loss of their Liberties.
+
+       *       *       *       *       *
+
+_Written Originally in Latin by the Famous Civilian_
+FRANCIS HOTOMAN,
+In the Year 1574.
+_And Translated into_ English _by the Author of the_
+Account of DENMARK.
+
+       *       *       *       *       *
+
+The SECOND EDITION, with Additions, and
+a _New Preface_ by the Translator.
+
+       *       *       *       *       *
+
+LONDON:
+
+Printed for Edward Valentine, at the Queen's Head
+against St. Dunstan's Church, Fleetstreet, 1721.
+
+Translated by
+The Author of the _Account
+of_ DENMARK.
+
+
+
+
+The BOOKSELLER
+TO THE
+READER.
+
+_The following Translation of the Famous_ Hotoman's Franco-Gallia _was
+written in the Year 1705, and first publish'd in the Year 1711. The
+Author was then at a great Distance from_ London, _and the Publisher of
+his Work, for Reasons needless to repeat, did not think fit to print the
+Prefatory Discourse sent along with the Original. But this Piece being
+seasonable at all Times for the Perusal of_ Englishmen _and more
+particularly at this Time, I wou'd no longer keep back from the Publick,
+what I more than conjecture will be acceptable to all true Lovers of
+their Country._
+
+
+
+
+THE
+TRANSLATOR's
+PREFACE.
+
+Many Books and Papers have been publish'd since the late _Revolution_,
+tending to justify the Proceedings of the People of _England_ at that
+happy juncture; by setting in a true Light our just Rights and
+Liberties, together with the solid Foundations of our _Constitution:_
+Which, in truth, is not ours only, but that of almost all _Europe_
+besides; so wisely restor'd and establish'd (if not introduced) by the
+_Goths_ and _Franks_, whose Descendants we are.
+
+These Books have as constantly had some things, called _Answers_,
+written to them, by Persons of different Sentiments; who certainly
+either never seriously consider'd, that the were thereby endeavouring to
+destroy their own Happiness, and overthrow her Majesty's Title to the
+Crown: or (if they knew what they did) presumed upon the _Lenity_ of
+that Government they decry'd; which (were there no better Reason) ought
+to have recommended it to their Approbation, since it could patiently
+bear with such, as were doing all they could to undermine it.
+
+Not to mention the Railing, Virulency, or personal false Reflections in
+many of those Answers, (which were always the Signs of a weak Cause, or
+a feeble Champion) some of them asserted the _Divine Right_ of an
+_Hereditary Monarch_, and the Impiety of _Resistance_ upon any Terms
+whatever, notwithstanding any _Authorities_ to the contrary.
+
+Others (and those the more judicious) deny'd positively, that sufficient
+_Authorities_ could be produced to prove, that a _free People_ have a
+_just Power_ to defend themselves, by opposing their _Prince_, who
+endeavours to oppress and enslave them: And alledged, that whatever was
+said or done tending that way, proceeded from a Spirit of _Rebellion_,
+and _Antimonarchical Principles_.
+
+To confute, or convince this last Sort of Arguers (the first not being
+worthy to have Notice taken of them) I set about translating the
+_Franco-Gallia_ of that most Learned and Judicious _Civilian_, _Francis
+Hotoman_; a Grave, Sincere and Unexceptionable Author, even in the
+Opinion of his Adversaries. This Book gives an Account of the Ancient
+Free State of above Three Parts in Four of _Europe_; and has of a long
+time appeared to me so convincing and instructive in those important
+Points he handles, that I could not be idle whilst it remain'd unknown,
+in a manner, to _Englishmen_: who, of all People living, have the
+greatest Reason and Need to be thoroughly instructed in what it
+contains; as having, on the one hand, the most to lose, and on the
+other, the least Sense of their Right, to that, which hitherto they seem
+(at least in a great measure) to have preserv'd.
+
+It will be obvious to every Reader, that I have taken no great Pains to
+write elegantly. What I endeavour at, is as plain a Stile as possible,
+which on this Occasion I take to be the best: For since the Instruction
+of Mankind ought to be the principal Drift of all Writers (of History
+especially); whoever writes to the Capacity of most Readers, in my
+Opinion most fully answers the End.
+
+I am not ignorant, how tiresome and difficult a Piece of Work it is to
+translate, nor how little valued in the World. My Experience has
+convinced me, that 'tis more troublesome and teazing than to write and
+invent at once. The Idiom of the Language out of which one translates,
+runs so in the Head, that 'tis next to impossible not to fall frequently
+into it. And the more bald and incorrect the Stile of the Original is,
+the more shall that of the Translation be so too. Many of the Quotations
+in this Book are drawn from Priests, Monks, Friars, and Civil Lawyers,
+who minded more, in those barbarous Ages, the Substance than the Stile
+of their Writings: And I hope those Considerations may atone for several
+Faults, which might be found in my Share of this Work.
+
+But I desire not to be misunderstood, as if (whilst I am craving Favour
+for my self) I were making any Apology for such a Number of mercenary
+Scribblers, Animadverters, and Translators, as pester us in this Age;
+who generally spoil the good Books which fall into their Hands, and
+hinder others from obliging the Publick, who otherwise would do it to
+greater Advantage.
+
+I take this Author to be one of those few, that has had the good Luck to
+escape them; and I make use of this Occasion to declare, that the chief
+Motive which induces me to send abroad this small Treatise, is a
+sincere desire of instructing the only Possessors of true Liberty in the
+World, what Right and Title that have to that Liberty; of what a great
+Value it is; what Misery follows the Loss of it; how easily, if Care be
+taken in time, it may be preserv'd: And if this either opens the Eyes,
+or confirms the honourable Resolutions of any of my worthy Countrymen, I
+have gained a glorious End; and done that in my Study, which I shou'd
+have promoted any other way, had I been called to it. I hope to die with
+the Comfort of believing, that _Old England_ will continue to be a free
+Country, and _know_ itself to be _such_; that my Friends, Relations and
+Children, with their Posterity, will inherit their Share of this
+inestimable Blessing, and that I have contributed my Part to it.
+
+But there is one very great Discouragement under which both I, and all
+other Writers and Translators of Books tending to the acquiring or
+preserving the publick Liberty, do lie; and that is, the heavy Calumny
+thrown upon us, that we are all _Commonwealth's-Men_: Which (in the
+ordinary Meaning of the Word) amounts to _Haters_ of _Kingly_
+Government; now without broad, malicious Insinuations, that we are no
+great Friends of the present.
+
+Indeed were the _Laity_ of our Nation (as too many of our _Clergy_
+unhappily are) to be guided by the Sense of one of our Universities,
+solemnly and publickly declared by the burning of Twenty seven
+Propositions (some of them deserving that Censure, but others being the
+very Foundation of all our Civil Rights;) I, and many like me, would
+appear to be very much in the wrong. But since the _Revolution_ in
+Eighty-eight, that we stand upon another and a better Bottom, tho no
+other than our own old one, 'tis time that our _Notions_ should be
+suited to our _Constitution_. And truly, as Matters stand, I have often
+wondred, either how so many of our Gentlemen, educated under such
+Prejudices, shou'd retain any Sense at all of Liberty, for _the hardest
+Lesson is to unlearn_; [Footnote: St. Chrysostom] or how an Education so
+diametrically opposite to our Bill of Rights, shou'd be so long
+encouraged.
+
+Methinks a _Civil Test_ might be contrived, and prove very convenient to
+distinguish those that own the _Revolution Principles_, from such as
+Tooth and Nail oppose them; and at the same time do fatally propagate
+Doctrines, which lay too heavy a Load upon _Christianity_ it self, and
+make us prove our own Executioners.
+
+The Names of _Whig_ and _Tory_ will, I am afraid, last as long among us,
+as those of _Guelf_ and _Ghibelline_ did in _Italy_. I am sorry for it:
+but to some they become necessary for Distinction Sake; not so much for
+the Principles formerly adapted to each Name, as for particular and
+worse Reasons. For there has been such chopping and changing both of
+Names and Principles, that we scarce know who is who. I think it
+therefore necessary, in order to appear in my own Colours, to make a
+publick Profession of my _Political Faith_; not doubting but it may
+agree in several Particulars with that of many worthy Persons, who are
+as undeservedly aspers'd as I am.
+
+My Notion of a _Whig_, I mean of a real _Whig_ (for the Nominal are
+worse than any Sort of Men) is, That he is one who is exactly for
+keeping up to the Strictness of the true old _Gothick Constitution_,
+under the _Three Estates_ of _King_ (or _Queen_) _Lords_ and _Commons_;
+the _Legislature_ being seated in all Three together, the _Executive_
+entrusted with the first, but accountable to the whole Body of the
+People, in Case of Male Administration.
+
+A true _Whig_ is of Opinion, that the Executive Power has as just a
+Title to the _Allegiance_ and Obedience of the Subject, according to the
+_Rules of known Laws enacted by the Legislative_, as the _Subject_ has
+to _Protection, Liberty_ and _Property_: And so on the contrary.
+
+A true _Whig_ is not afraid of the Name of a _Commonwealthsman_, because
+so many foolish People, who know not what it means, run it down: The
+_Anarchy_ and _Confusion_ which these Nations fell into near Sixty Years
+ago, and which was _falsly_ called a _Commonwealth_, frightning them out
+of the true Construction of the Word. But Queen _Elizabeth_, and many
+other of our best Princes, were not scrupulous of calling our Government
+a _Commonwealth_, even in their solemn Speeches to _Parliament_. And
+indeed if it be not one, I cannot tell by what Name properly to call it:
+For where in the very _Frame_ of the _Constitution_, the Good of the
+_Whole_ is taken care of by the _Whole_ (as 'tis in our Case) the having
+a _King_ or _Queen_ at the Head of it, alters not the Case; and the
+softning of it by calling it a _Limited Monarchy_, seems a Kind of
+Contradiction in Terms, invented to please some weak and doubting
+Persons.
+
+And because some of our _Princes_ in this last Age, did their utmost
+Endeavour to destroy this Union and Harmony of the _Three Estates_, and
+to be _arbitrary_ or _independent, they_ ought to be looked upon as the
+_Aggressors_ upon our Constitution.
+
+This drove the other _Two Estates_ (for the Sake of the publick
+Preservation) into the fatal Necessity of providing for themselves; and
+when once the Wheel was set a running, 'twas not in the Power of Man to
+stop it just where it ought to have stopp'd. This is so ordinary in all
+violent Motions, whether mechanick or political, that no body can wonder
+at it.
+
+But no wise Men approved of the ill Effects of those violent Motions
+either way, cou'd they have help'd them. Yet it must be owned they have
+(as often as used, thro an extraordinary Piece of good Fortune) brought
+us back to our old Constitution again, which else had been lost; for
+there are numberless Instances in History of a Downfal from a State of
+_Liberty_ to a _Tyranny_, but very few of a Recovery of _Liberty_ from
+_Tyranny_, if this last have had any Length of Time to fix it self and
+take Root.
+
+Let all such, who either thro Interest or Ignorance are Adorers of
+_absolute Monarchs_, say what they please; an _English Whig_ can never
+be so unjust to his Country, and to right Reason, as not to be of
+Opinion, that in all Civil Commotions, which Side soever is the
+_wrongful Aggressor_, is accountable for all the evil Consequences: And
+thro the Course of his reading (tho my Lord _Clarendon's_ Books be
+thrown into the Heap) he finds it very difficult to observe, that ever
+the People of _England_ took up Arms against their _Prince_, but when
+constrain'd to it by a necessary Care of their _Liberties_ and true
+_Constitution_.
+
+'Tis certainly as much a _Treason_ and _Rebellion_ against this
+_Constitution_, and the _known_ Laws, in a _Prince_ to endeavor to break
+thro them, as 'tis in the _People_ to rise against him, whilst he keeps
+within their Bounds, and does his Duty. Our Constitution is a Government
+of _Laws_, not of _Persons. Allegiance_ and _Protection_ are Obligations
+that cannot subsist separately; when one fails, the other falls of
+Course. The true Etymology of the word _Loyalty_ (which has been so
+strangely wrested in the late Reigns) is an entire Obedience to the
+Prince in all his Commands according to Law; that is, to the _Laws
+themselves_, to which we owe both an active and passive Obedience.
+
+By the old and true Maxim, that _the King can do no Wrong_, nobody is so
+foolish as to conclude, that he has not Strength to murder, to offer
+Violence to Women, or Power enough to dispossess a Man wrongfully of his
+Estate, or that whatever he does (how wicked soever) is just: but the
+Meaning is, he has no _lawful Power_ to do such Things; and our
+Constitution considers no _Power_ as _irresistible_, but what is
+_lawful_.
+
+And since _Religion_ is become a great and universal Concern, and drawn
+into our Government, as it affects every single Man's Conscience; tho my
+private Opinion, they ought not to be mingled, nor to have any thing to
+do with each other; (I do not speak of our Church Polity, which is a
+Part of our State, and dependent upon it) some account must be given of
+that Matter.
+
+_Whiggism_ is not circumscrib'd and confin'd to any one or two of the
+_Religions_ now profess'd in the World, but diffuses it self among all.
+We have known _Jews_, _Turks_, nay, some Papists, (which I own to be a
+great Rarity) very great Lovers of the Constitution and Liberty; and
+were there rational Grounds to expect, that any Numbers of them cou'd be
+so, I shou'd be against using Severities and Distinctions upon Account
+of Religion. For a Papist is not dangerous, nor ought to be ill us'd by
+any body, because he prays to Saints, believes Purgatory, or the real
+Presence in the Eucharist, and pays Divine Worship to an Image or
+Picture (which are the common Topicks of our Writers of Controversy
+against the Papists;) but because Popery sets up a _foreign Jurisdiction
+paramount to our Laws_. So that a _real Papist_ can neither be a true
+_Governor_ of a _Protestant_ Country, nor a true _Subject_, and besides,
+is the most _Priest-Ridden_ Creature in the World: and (when uppermost)
+can bear with no body that differs from him in Opinion; little
+considering, that whosoever is against _Liberty of Mind_, is, in effect,
+against _Liberty of Body_ too. And therefore all Penal _Acts_ of
+_Parliament_ for Opinions _purely_ religious, which have no Influence on
+the _State_, are so many Encroachments upon _Liberty_, whilst those
+which restrain Vice and Injustice are against _Licentiousness_.
+
+I profess my self to have always been a Member of the _Church_ of
+_England_ and am for supporting it in all its _Honours_, _Privileges_
+and _Revenues_: but as a Christian and a _Whig_, I must have Charity for
+those that differ from me in _religious_ Opinions, whether _Pagans_,
+_Turks_, _Jews_, _Papists_, _Quakers_, _Socinians_, _Presbyterians_, or
+others. I look upon _Bigotry_ to have always been the very Bane of human
+Society, and the Offspring of Interest and Ignorance, which has
+occasion'd most of the great Mischiefs that have afflicted Mankind. We
+ought no more to expect to be all of one Opinion, as to the Worship of
+the _Deity_, than to be all of one Colour or Stature. To stretch or
+narrow any Man's Conscience to the Standard of our own, is no less a
+Piece of Cruelty than that of _Procrustes_ the Tyrant of _Attica_, who
+used to fit his Guests to the Length of his own Iron Bedsted, either by
+cutting them shorter, or racking them longer. What just Reason can I
+have to be angry with, to endeavour to curb the natural Liberty, or to
+retrench the Civil Advantages of an honest Man (who follows the golden
+Rule, of _doing to others, as he wou'd have others do to him_, and is
+willing and able to serve the Publick) only because he thinks his Way to
+Heaven surer or shorter than mine? No body can tell which of us is
+mistaken, till the Day of Judgment, or whether any of us be so (for
+there may be different Ways to the same End, and I am not for
+circumscribing God Almighty's Mercy:) This I am sure of, one shall meet
+with the same Positiveness in Opinion, in some of the Priests of all
+these Sects; The same Want of Charity, engrossing Heaven by way of
+_Monopoly_ to their own _Corporation_, and managing it by a joint Stock,
+exclusive of all others (as pernicious in Divinity as in trade, and
+perhaps more) The same Pretences to _Miracles, Martyrs, Inspirations,
+Merits, Mortifications, Revelations, Austerity, Antiquity_, &c. (as all
+Persons conversant with History, or that travel, know to be true) and
+this _cui bono_? I think it the Honour of the Reformed Part of the
+Christian Profession, and the Church of _England_ in particular, that it
+pretends to fewer of these unusual and extraordinary Things, than any
+other Religion we know of in the World; being convinced, that these are
+not the distinguishing Marks of the Truth of any Religion (I mean, the
+assuming obstinate Pretences to them are not;) and it were not amiss, if
+we farther enlarg'd our Charity, when we can do it with Safety, or
+Advantage to the State.
+
+Let us but consider, how hard and how impolitick it is to condemn all
+People, but such as think of the Divinity just as we do. May not the
+Tables of Persecution be turn'd upon us? A _Mahometan_ in _Turky_ is in
+the right, and I (if I carry my own Religion thither) am in the Wrong.
+They will have it so. If the _Mahometan_ comes with me to _Christendom_,
+I am in the right, and he in the wrong; and hate each other heartily for
+differing in Speculations, which ought to have no Influence on Moral
+Honesty. Nay, the _Mahometan_ is the more charitable of the two, and
+does not push his Zeal so far; for the Christians have been more cruel
+and severe in this Point than all the World besides. Surely Reprizals
+may be made upon us; as _Calvin_ burnt _Servetus_ at _Geneva_, Queen
+_Mary_ burnt _Cranmer_ at _London_. I am sorry I cannot readily find a
+more exact Parallel. The Sword cuts with both Edges. Why, I pray you,
+may we not all be Fellow-Citizens of the World? And provided it be not
+the Principle of one or more Religions to extirpate all others, and to
+turn Persecutors when they get Power (for such are not to be endured;) I
+say, why shou'd we offer to hinder any Man from doing with his own Soul
+what he thinks fitting? Why shou'd we not make use of his Body, Estate,
+and Understanding, for the publick Good? Let a Man's Life, Substance,
+and Liberty be under the Protection of the Laws; and I dare answer for
+him (whilst his Stake is among us) he will never be in a different
+Interest, nor willing to quit this Protection, or to exchange it for
+_Poverty, Slavery_, and _Misery_.
+
+The thriving of any one _single Person_ by honest Means, is the Thriving
+of the _Commonwealth_ wherein he resides. And in what Place soever of
+the World such Encouragement is given, as that in it one may securely
+and peaceably enjoy _Property_ and _Liberty_ both of _Mind_ and _Body_;
+'tis impossible but that Place must flourish in _Riches_ and in
+_People_, which are the _truest Riches_ of any Country.
+
+But as, on the one hand, a true _Whig_ thinks that all Opinions purely
+spiritual and notional ought to be indulg'd; so on the other, he is for
+_severely punishing_ all _Immoralities, Breach_ of _Laws, Violence_ and
+_Injustice_. A Minister's Tythes are as much his Right, as any Layman's
+Estate can be his; and no Pretence of Religion or Conscience can warrant
+the substracting of them, whilst the Law is in Being which makes them
+payable: For a _Whig_ is far from the Opinion, that they are due by any
+other Title. It wou'd make a Man's Ears tingle, to hear the _Divine
+Right_ insisted upon for any _human Institutions_; and to find God
+_Almighty_ brought in as a Principal there, where there is no Necessity
+for it. To affirm, that _Monarchy, Episcopacy, Synods, Tythes_, the
+_Hereditary Succession_ to the _Crown_, &c. are _Jure Divino_; is to
+cram them down a Man's Throat; and tell him in plain Terms, that he must
+submit to any of them under all Inconveniencies, whether the Laws of his
+Country are for it or against it. Every _Whig_ owns _Submission_ to
+Government to be an _Ordinance_ of God. _Submit your selves to every
+Ordinance of Man, for the Lord's Sake_, says the Apostle. Where (by the
+way) pray take notice, he calls them _Ordinances of Man_; and gives you
+the true Notion, how far any thing can be said to be _Jure Divino_:
+which is far short of what your high-flown Assertors of the _Jus
+Divinum_ wou'd carry it, and proves as strongly for a _Republican_
+Government as a _Monarchical_; tho' in truth it affects neither, where
+the very Ends of Government are destroyed.
+
+A right _Whig_ looks upon _frequent Parliaments_ as such a _fundamental_
+Part of the Constitution, that even no _Parliament_ can part with this
+Right. _High Whiggism_ is for _Annual_ Parliaments, and _Low Whiggism_
+for _Triennial_, with annual Meetings. I leave it to every Man's
+Judgment, which of these wou'd be the truest Representative; wou'd
+soonest ease the House of that Number of Members that have Offices and
+Employments, or take Pensions from the Court; is least liable to
+Corruption; wou'd prevent exorbitant Expence, and soonest destroy the
+pernicious Practice of drinking and bribing for Elections, or is most
+conformable to ancient Custom. The Law that lately pass'd with so much
+Struggle for _Triennial_ Parliaments shall content me, till the
+_Legislative_ shall think fit to make them _Annual_.
+
+But methinks (and this I write with great Submission and Deference) that
+(since the passing that Act) it seems inconsistent with the Reason of
+the thing, and preposterous, for the _first_ Parliament after any
+Prince's _Accession_ to the _Crown_, to give the publick Revenue _arising
+by Taxes_, for a longer time than that _Parliament's own Duration_. I
+cannot see why the Members of the _first_ Parliament shou'd (as the Case
+now stands) engross to themselves all the Power of giving, as well as
+all the Merit and Rewards due to such a Gift: and why _succeeding_
+Parliaments shou'd not, in their turn, have it in their Power to oblige
+the Prince, or to streighten him, if they saw Occasion; and pare his
+Nails, if they were convinced he made _ill Use_ of such a _Revenue_. I
+am sure we have had Instances of this Kind; and a wise Body of Senators
+ought always to provide against the worst that might happen. The
+_Honey-Moon_ of _Government_ is a dangerous Season; the Rights and
+Liberties of the People run a greater Risk at that time, thro their own
+Representatives Compliments and Compliances, than they are ever likely
+to do during that Reign: and 'tis safer to break this Practice, when we
+have the Prospect of a good and gracious Prince upon the Throne, than
+when we have an inflexible Person, who thinks every Offer an Affront,
+which comes not up to the Height of what his Predecessor had, without
+considering whether it were well or ill done at first.
+
+The Revenues of our Kings, for many Ages, arose out of their
+_Crown-Lands_; Taxes on the Subject were raised only for publick
+Exigencies. But since we have turn'd the Stream, and been so free of
+Revenues for Life, arising from _Impositions_ and _Taxes_, we have given
+Occasion to our Princes to dispose of their _Crown-Lands_; and depend
+for Maintenance of their Families on such a Sort of Income, as is
+thought unjust and ungodly in most Parts of the World, but in
+_Christendom_: for many of the arbitrary _Eastern_ Monarchs think so,
+and will not eat the Produce of such a Revenue. Now since Matters are
+brought to this pass, 'tis plain that our Princes must subsist suitable
+to their high State and Condition, in the best manner we are able to
+provide for them. And whilst the _Calling_ and _Duration_ of Parliaments
+was _precarious_, it might indeed be an _Act of Imprudence_, tho not of
+_Injustice_, for any _one Parliament_ to settle such a Sort of _Revenue_
+for Life on the Prince: But at present, when all the World knows the
+_utmost Extent_ of a Parliament's _possible_ Duration, it seems
+disagreeable to Reason, and an Encroachment upon the Right of
+_succeeding_ Parliaments (for the future) for any _one Parliament_ to do
+that which _another_ cannot undo, or has not Power to do in its turn.
+
+An Old _Whig_ is for chusing such Sort of _Representatives_ to serve in
+Parliament, as have _Estates_ in the Kingdom; and those not fleeting
+ones, which may be sent beyond Sea by Bills of Exchange by every
+Pacquet-Boat, but fix'd and permanent. To which end, every Merchant,
+Banker, or other money'd Man, who is ambitious of serving his Country as
+a _Senator_, shou'd have also a competent, visible _Land Estate_, as a
+Pledge to his _Electors_ that he intends to abide by them, and has the
+same Interest with theirs in the publick Taxes, Gains and Losses. I have
+heard and weigh'd the Arguments of those who, in Opposition to this,
+urged the Unfitness of such, whose Lands were engaged in Debts and
+Mortgages, to serve in Parliament, in comparison with the _mony'd Man_
+who had no _Land:_ But those Arguments never convinced me.
+
+No Man can be a sincere Lover of Liberty, that is not for increasing and
+communicating that Blessing to all People; and therefore the giving or
+restoring it not only to our Brethren of _Scotland_ and _Ireland_, but
+even to _France_ it self (were it in our Power) is one of the principal
+Articles of _Whiggism_. The Ease and Advantage which wou'd be gain'd by
+_uniting_ our own Three Kingdoms upon equal Terms (for upon unequal it
+wou'd be no _Union_) is so visible, that if we had not the Example of
+those Masters of the World, the _Romans_, before our Eyes, one wou'd
+wonder that our own Experience (in the Instance of uniting _Wales_ to
+_England_) shou'd not convince us, that altho both Sides wou'd
+incredibly gain by it, yet the rich and opulent Country, to which such
+an Addition is made, wou'd be the greater Gainer. 'Tis so much more
+desirable and _secure_ to govern by _Love_ and _common Interest_, than
+by _Force_; to expect _Comfort_ and _Assistance_, in Times of Danger,
+from our next Neighbours, than to find them at such a time a _heavy
+Clog_ upon the Wheels of our Government, and be in dread lest they
+should take that Occasion to shake off an uneasy Yoak: or to have as
+much need of entertaining a _standing_ Army against our _Brethren_, as
+against our known and inveterate _Enemies_; that certainly whoever can
+oppose so publick and apparent Good, must be esteem'd either _ignorant_
+to a strange Degree, or to have _other_ Designs in View, which he wou'd
+willingly have brought to Light.
+
+I look upon her Majesty's asserting the Liberties and Privileges of the
+_Free Cities_ in _Germany_, an Action which will shine in History as
+bright (at least) as her giving away her first Fruits and Tenths: To the
+Merit of which last, some have assumingly enough ascribed all the
+Successes she has hitherto been blessed with; as if _one Set of Men_
+were the _peculiar_ Care of Providence and all others (even _Kings_ and
+_Princes_) were no otherwise fit to be considered by _God Almighty_, or
+Posterity, than according to their _Kindness_ to them. But it has been
+generally represented so, where Priests are the Historians. From the
+first Kings in the World down to these Days, many Instances might be
+given of very wicked Princes, who have been extravagantly commended; and
+many excellent ones, whose Memories lie overwhelmed with Loads of Curses
+and Calumny, just as they proved Favourers or Discountenancers of
+High-Church, without regard to their other Virtues or Vices: for
+High-Church is to be found in all Religions and Sects, from the Pagan
+down to the Presbyterian; and is equally detrimental in every one of
+them.
+
+A Genuine _Whig_ is for promoting a _general Naturalization_, upon the
+firm Belief, that whoever comes to be incorporated into us, feels his
+Share of all our Advantages and Disadvantages, and consequently can have
+no Interest but that of the Publick; to which he will always be a
+Support to the best of his Power, by his _Person, Substance_ and
+_Advice_. And if it be a Truth (which few will make a Doubt of) that we
+are not one _third_ Part peopled (though we are better so in Proportion
+than any other Part of _Europe, Holland_ excepted) and that our Stock of
+Men decreases daily thro our Wars, Plantations, and Sea-Voyages; that
+the ordinary Course of Propagation (even in Times of continued Peace and
+Health) cou'd not in many Ages supply us with the Numbers we want; that
+the Security of Civil and Religious Liberty, and of Property, which thro
+God's great Mercy is firmly establish'd among us, will invite new Comers
+as fast as we can entertain them; that most of the rest of the World
+groans under the Weight of _Tyranny_, which will cause all that have
+Substance, and a Sense of Honour and Liberty, to fly to Places of
+Shelter; which consequently would thoroughly people us with useful and
+profitable Hands in a few Years. What should hinder us from an Act of
+_General Naturalization_? Especially when we consider, that no _private_
+Acts of that Kind are refused; but the Expence is so great, that few
+attempt to procure them, and the Benefit which the Publick receives
+thereby is inconsiderable.
+
+Experience has shown us the Folly and Falsity of those plausible
+Insinuations, that such a Naturalization would take the Bread out of
+_Englishmen's_ Mouths. We are convinced, that the greater Number of
+Workmen of one Trade there is in any Town, the more does that Town
+thrive; the greater will be the _Demand_ of the Manufacture, and the
+_Vent_ to foreign Parts, and the quicker _Circulation_ of the _Coin_.
+The Consumption of the _Produce_ both of _Land_ and _Industry_ increases
+visibly in Towns full of People; nay, the more shall every particular
+industrious Person thrive in such a Place; tho indeed _Drones_ and
+_Idlers_ will not find their Account, who wou'd fain support their own
+and their Families superfluous Expences at their Neighbour's Cost; who
+make one or two Day's Labour provide for four Days Extravagancies. And
+this is the common Calamity of most of our _Corporation Towns_, whose
+Inhabitants do all they can to discourage Plenty, Industry and
+Population; and will not admit of Strangers but upon too hard Terms,
+thro the false Notion, that they themselves, their Children and
+Apprentices, have the only Right to squander their Town's Revenue, and
+to get, at their own Rates, all that is to be gotten within their
+Precincts, or in the Neighbourhood. And therefore such Towns (through
+the Mischief arising by _Combinations_ and _By-Laws_) are at best at a
+Stand; very few in a thriving Condition (and those are where the
+_By-Laws_ are least _restrictive_) but _most_ throughout _England_ fall
+to visible Decay, whilst new Villages _not_ incorporated, or more
+liberal of their Privileges, grow up in their stead; till, in Process of
+Time, the first Sort will become almost as desolate as _Old Sarum_, and
+will as well deserve to lose their Right of sending Representatives to
+Parliament. For certainly a _Waste_ or a _Desert_ has no Right to be
+represented, nor by our original Constitution was ever intended to be:
+yet I would by no means have those Deputies lost to the Commons, but
+transferr'd to wiser, more industrious, and better peopled Places,
+worthy (thro their Numbers and Wealth) of being represented.
+
+A _Whig_ is against the raising or keeping up a _Standing Army_ in Time
+of Peace: but with this Distinction, that if at any time an _Army_ (tho
+even in Time of Peace) shou'd be necessary to the Support of this very
+Maxim, a _Whig_ is not for being too hasty to destroy that which is to
+be the Defender of his Liberty. I desire to be well understood. Suppose
+then, that Persons, whose known Principle and Practice it has been
+(during the Attempts for arbitrary Government) to plead for and promote
+such an Army in Time of Peace, as wou'd be subservient to the Will of a
+Tyrant, and contribute towards the enslaving the Nation; shou'd, under a
+_legal Government_ (yet before the _Ferment_ of the People was appeas'd)
+cry down a _Standing Army_ in Time of Peace: I shou'd shrewdly suspect,
+that the Principles of such Persons are not changed, but that either
+they like not the Hands that _Army_ is in, or the _Cause_ which it
+espouses; and look upon it as an Obstruction to _another_ Sort of Army,
+which they shou'd like _even in Time of Peace_. I say then, that altho
+the Maxim in general be certainly _true_, yet a _Whig_ (without the just
+Imputation of having deserted his Principles) may be for the _keeping_
+up such a Standing Army even in Time of Peace, till the Nation have
+recover'd its _Wits_ again, and chuses Representatives who are against
+_Tyranny in any Hands whatsoever_; till the Enemies of our Liberties
+want the Power of raising _another_ Army of _quite different
+Sentiments_: for till that time, a _Whiggish_ Army is the _Guardian of
+our Liberties_, and secures to us the Power of _disbanding its self_,
+and prevents the raising of another of a _different Kidney_. As soon as
+this is done effectually, by my Consent, no such thing as a mercenary
+Soldier should subsist in _England_. And therefore The _arming_ and
+_training_ of all the _Freeholders_ of _England_, as it is our undoubted
+ancient Constitution, and consequently our Right; so it is the Opinion
+of most _Whigs_, that it ought to be put in Practice. This wou'd put us
+out of all Fear of foreign Invasions, or disappoint any such when
+attempted: This wou'd soon take away the Necessity of maintaining
+_Standing_ Armies of _Mercenaries_ in Time of Peace: This wou'd render
+us a hundred times more formidable to our Neighbours than we are; and
+secure effectually our Liberties against any _King_ that shou'd have a
+mind to invade them at home, which perhaps was the Reason some of our
+late _Kings_ were so averse to it: And whereas, as the Case now stands,
+Ten Thousand disciplin'd Soldiers (once landed) might march without
+_considerable_ Opposition from one End of _England_ to the other; were
+our _Militia_ well regulated, and _Fire-Arms_ substituted in the Place
+of _Bills, Bows_, and _Arrows_ (the Weapons in Use when our _training
+Laws_ were in their Vigor, and for which our Laws are yet in Force) we
+need not fear a Hundred Thousand Enemies, were it possible to land so
+many among us. At every Mile's End, at every River and Pass, the Enemy
+wou'd meet with fresh Armies, consisting of Men as well skill'd in
+military Discipline as themselves; and more resolv'd to fight, because
+they do it for Property: And the farther such an Enemy advanced into the
+Country, the stronger and more resolved he wou'd find us; as _Hanibal_
+did the _Romans_, when he encamped under the Walls of _Rome_, even after
+such a Defeat as that at _Cannae_. And why? Because they were all
+_train'd_ Soldiers, they were all _Freemen_ that fought _pro aris &
+focis_: and scorn'd to trust the Preservation of their Lives and
+Fortunes to _Mercenaries_ or _Slaves_, tho never so able-body'd: They
+thought Weapons became not the Hands of such as had nothing to lose, and
+upon that Account were unfit Defenders of their Masters Properties; so
+that they never tried the Experiment but in the _utmost Extremity_.
+
+That this is not only practicable but easy, the modern Examples of the
+_Swissers_ and _Swedes_ is an undeniable Indication. _Englishmen_ have
+as much _Courage_, as great _Strength of Body_, and _Capacity of Mind_,
+as any People in the Universe: And if our late _Monarchs_ had the
+_enervating_ their free Subjects in View, that they might give a
+Reputation to _Mercenaries_, who depended only on the _Prince_ for their
+Pay (as 'tis plain they had) I know no Reason why their Example shou'd
+be followed in the Days of _Liberty_, when there is no such Prospect.
+The Preservation of the _Game_ is but a very slender Pretence for
+omitting it. I hope no wise Man will put a _Hare_ or a _Partridge_ in
+Balance with the _Safety_ and _Liberties_ of _Englishmen_; tho after
+all, 'tis well known to Sportsmen, that Dogs, Snares, Nets, and such
+silent Methods as are daily put in Practice, destroy the Game ten times
+more than shooting with Guns.
+
+If the restoring us to our Old Constitution in this Instance were ever
+necessary, 'tis more eminently so at this time, when our next Neighbours
+of _Scotland_ are by Law armed just in the manner we desire to be, and
+the _Union_ between both Kingdoms not perfected. For the _Militia_, upon
+the Foot it now stands, will be of little Use to us: 'tis generally
+compos'd of Servants, and those not always the same, consequently not
+well train'd; rather such as wink with both Eyes at their own firing a
+Musket, and scarce know how to keep it clean, or to charge it aright. It
+consists of People whose Reputation (especially the _Officers_) has been
+industriously diminished, and their Persons, as well as their
+Employment, rendred contemptible on purpose to enhance the Value of
+those that serve for Pay; insomuch that few Gentlemen of Quality will
+now a-days debase themselves so much, as to accept of a Company, or a
+Regiment in the _Militia_. But for all this, I can never be persuaded
+that a _Red Coat_, and _Three Pence_ a Day, infuses more Courage into
+the poor _Swaggering Idler_, than the having a Wife and Children, and an
+Estate to fight for, with good wholsome Fare in his Kitchen, wou'd into
+a _Free-born_ Subject, provided the _Freeman_ were as well armed and
+trained as the _Mercenary_.
+
+I wou'd not have the _Officers_ and _Soldiers_ of our most Brave and
+Honest _Army_ to mistake me. I am not arguing against them; for I am
+convinced, as long as there is Work to do abroad, 'tis they (and not our
+home dwelling _Freeholders_) are most proper for it. Our War must now be
+an _Offensive_ War; and what I am pleading for, concerns only the bare
+_Defensive_ Part. Most of our present Generals and Officers are fill'd
+with the true Sprit of Liberty (a most rare thing) which demonstrates
+the Felicity of her Majesty's Reign, and her standing upon a true
+Bottom, beyond any other Instance that can be given; insomuch, that
+considering how great and happy we have been under the Government of
+_Queens_, I have sometimes doubted, whether an _Anti-Salick Law_ wou'd
+be to our Disadvantage.
+
+Most of these _Officers_ do expect, nay (so true do I take them to be to
+their Country's Interest) do wish, whenever it shall please God to send
+us such a Peace as may be relied upon both at home and abroad, to return
+to the State of _peaceable Citizens_ again; but 'tis fit they should do
+so, with such ample Rewards for their Blood and Labours, as shall
+entirely satisfy them. And when they, or the Survivors of them, shall
+return full of Honour and Scars home to their Relations, after the
+Fatigues of so glorious a Service to their Country are ended; 'tis their
+Country's Duty to make them easy, without laying a Necessity upon them
+of striving for the Continuance of an _Army_ to avoid _starving_. The
+_Romans_ used to content them by a Distribution of their Enemies Lands;
+and I think their Example so good in every thing, that we could hardly
+propose a better. _Oliver Cromwell_ did the like in _Ireland_, to which
+we owe that Kingdom's being a Protestant Kingdom at this Day, and its
+continuing subject to the Crown of _England_; but if it be too late to
+think of this Method now, some other must be found out by the Wisdom of
+_Parliament_, which shall fully answer the End.
+
+These Officers and Soldiers thus settled and reduced to a _Civil State_,
+wou'd, in a great measure, compose that invincible _Militia_ I am now
+forecasting; and by reason of their Skill in military Affairs, wou'd
+deserve the principal Posts and Commands in their respective Counties:
+With this advantageous Change of their Condition, that whereas formerly
+they fought for their Country only as _Soldiers_ of _Fortune_, now they
+shou'd defend it as wise and valiant _Citizens_, as _Proprietors_ of the
+Estates they fight for; and this will gain them the entire Trust and
+Confidence of all the good People of _England_, who, whenever they come
+to know their own Minds, do heartily hate _Slavery_. The Manner and
+Times of assembling, with several other necessary Regulations, are only
+proper for the _Legislative_ to fix and determine.
+
+A right _Whig_ lays no Stress upon the _Illegitimacy_ of the _pretended
+Prince_ of _Wales_; he goes upon another Principle than they, who carry
+the _Right of Succession_ so far, as (upon that Score), to undo all
+Mankind. He thinks no Prince fit to govern, whose Principle it must be
+to _ruin_ the Constitution, as soon as he can acquire unjust Power to do
+so. He judges it Nonsense for one to be the _Head of a Church_, or
+_Defender of a Faith_, who thinks himself bound in Duty to overthrow it.
+He never endeavours to justify his taking the Oaths to this Government,
+or to quiet his Conscience, by supposing the young _Gentleman_ at _St.
+Germains_ unlawfully begotten; since, 'tis certain, that according to
+our Law he cannot be looked upon as such. He cannot satisfy himself with
+any of the foolish Distinctions trump'd up of late Years to reconcile
+base Interest with a Show of Religion; but deals upon the Square, and
+plainly owns to the World, that he is not influenc'd by any particular
+Spleen: but that the Exercise of an _Arbitrary, Illegal Power_ in the
+Nation, so as to undermine the Constitution, wou'd incapacitate either
+King _James_, King _William_, or any other, from being his _King_,
+whenever the _Publick_ has a Power to hinder it.
+
+As a necessary Consequence of this Opinion, a _Whig_ must be against
+_punishing the Iniquity of the Fathers upon the Children_, as we do (not
+only to the _Third_ and _Fourth Generation_, but) _for ever_: since our
+gracious God has declared, that he will no more pursue such severe
+Methods in his Justice, but that _the Soul that sinneth it shall die_.
+'Tis very unreasonable, that frail Man, who has so often need of Mercy,
+shou'd pretend to exercise higher Severities upon his
+_Fellow-Creatures_, than that Fountain of Justice on his most wicked
+_revolting Slaves_. To corrupt the Blood of a whole _Family_, and send
+_all_ the Offspring a begging after the Father's Head is taken off,
+seems a strange Piece of Severity, fit to be redressed in Parliament;
+especially when we come to consider, for what Crime this has been
+commonly done. When Subjects take Arms against their _Prince_, if their
+Attempt succeeds, 'tis a _Revolution_; if not, 'tis call'd a
+_Rebellion_: 'tis seldom consider'd, whether the first Motives be just
+or unjust. Now is it not enough, in such Cases, for the prevailing Party
+to hang or behead the _Offenders_, if they can catch them, without
+extending the Punishment to _innocent Persons_ for _all Generations_ to
+come?
+
+The Sense of this made the late _Bill of Treasons_ (tho it reach'd not
+so far as many wou'd have had it) a Favourite of the _Old Whigs_; they
+thought it a very desirable one whenever it cou'd be compass'd, and
+perhaps if not at that very Juncture, wou'd not have been obtained all:
+'twas necessary for Two different Sorts of People to unite in this, in
+order for a Majority, whose Weight shou'd be sufficient to enforce it.
+And I think some _Whigs_ were very unjustly reproach'd by their
+_Brethren_, as if by voting for this Bill, they wilfully exposed the
+late _King's_ Person to the wicked Designs of his Enemies.
+
+_Lastly_, The supporting of Parliamentary Credit, promoting of all
+_publick Buildings_ and _Highways_, the making all _Rivers Navigable_
+that are capable of it, employing the _Poor_, suppressing _Idlers_,
+restraining _Monopolies_ upon Trade, maintaining the liberty of the
+_Press_, the just _paying_ and _encouraging_ of all in the publick
+Service, especially that best and usefullest Sort of People the
+_Seamen_: These (joined to a firm Opinion, that we ought not to hearken
+to any _Terms of Peace_ with the _French King_, till it be quite out of
+his Power to hurt us, but rather to dye in Defence of our _own_ and the
+_Liberties_ of _Europe_) are all of them Articles of my _Whiggish
+Belief_, and I hope none of them are _heterodox_. And if all these
+together amount to a _Commonwealthsman_, I shall never be asham'd of the
+Name, tho given with a Design of fixing a Reproach upon me, and such as
+think as I do.
+
+Many People complain of the Poverty of the Nation, and the Weight of the
+Taxes. Some do this without any ill Design, but others hope thereby to
+become _popular_; and at the same time to _enforce a Peace_ with
+_France_, before that Kingdom be reduced to too low a Pitch: fearing,
+lest that _King_ shou'd be _disabled_ to accomplish their Scheme of
+bringing in the _Pretender_, and assisting him.
+
+Now altho 'tis acknowledg'd, that the _Taxes_ lye very heavy, and
+_Money_ grows scarce; yet let the _Importance_ of our _War_ be
+considered, together with the _Obstinacy, Perfidy_, and _Strength_ of
+our Enemy, can we possibly carry on such a _diffusive_ War without
+_Money_ in Proportion? Are the _Queen's_ Subjects more burden'd to
+maintain the publick _Liberty_, than the _French_ King's are to confirm
+their own _Slavery_? Not so much by three Parts in four, God be prais'd:
+Besides, no true _Englishman_ will grudge to pay Taxes whilst he has a
+Penny in his Purse, as long as he sees the Publick Money well laid out
+for the great Ends for which 'tis given. And to the Honour of the Queen
+and her Ministers it may be justly said, That since _England_ was a
+Nation, never was the publick Money more frugally managed, or more
+fitly apply'd. This is a further Mortification to those _Gentlemen_, who
+have _Designs_ in View which they dare not own: For whatever may be, the
+_plausible_ and _specious_ Reasons they give in publick, when they
+exclaim against the Ministry; the hidden and true one is, that thro the
+present prudent Administration, their so hopefully-laid Project is in
+Danger of being blown quite up; and they begin to despair that they
+shall bring in King _James_ the Third by the Means of Queen _Anne_, as I
+verily believe they once had the Vanity to imagine.
+
+INDEX
+OF THE
+CHAPTERS
+
+       *       *       *       *       *
+
+CHAP. I.
+
+_The State of_ Gaul _before it was reduced into the Form of a_ Roman
+  _Province_.
+
+CHAP. II.
+
+_Probable Conjectures concerning the Ancient Language of the_ Gauls.
+
+CHAP. III.
+
+_The State of_ Gaul, _after it was reduced into the Form of a Province
+  by the_ Romans.
+
+CHAP. IV.
+
+_Of the Original of the_ Franks, _who having possessed themselves of_
+  Gallia, _changed its Name into that of_ Francia, _or_ Francogallia.
+
+CHAP. V.
+
+_Of the Name of the_ Franks, _and their sundry Excursions; and what time
+  they first began to establish a Kingdom in_ Gallia.
+
+CHAP. VI.
+
+_Whether the Kingdom of_ Francogallia _was_ Hereditary _or_ Elective;
+  _and the Manner of making its_ Kings.
+
+CHAP. VII.
+
+_What Rule was observed concerning the_ Inheritance _of the Deceased
+  King, when he left more Children than one_.
+
+CHAP. VIII.
+
+_Of the_ Salick _Law, and what Right Women had in the Kings, their
+  Father's Inheritance_.
+
+CHAP. IX.
+
+_Of the Right of Wearing a large_ Head of Hair _peculiar to the_ Royal
+  Family.
+
+CHAP. X.
+
+_The_ Form _and_ Constitution _of the_ Francogallican _Government_.
+
+CHAP. XI.
+
+_Of the_ Sacred Authority _of the_ Publick Council.
+
+CHAP. XII.
+
+_Of the Kingly Officers, commonly called_ Mayors _of the_ Palace.
+
+CHAP. XIII.
+
+_Whether_ Pipin _was created King by the_ Pope, _or by the Authority of
+  the_ Francogallican _Council_.
+
+CHAP. XIV.
+
+_Of the_ Constable _and Peers of_ France.
+
+CHAP. XV.
+
+_Of the continued_ Authority _and Power of the_ Sacred Council, _during
+  the Reign of the_ Carlovingian _Family_.
+
+CHAP. XVI.
+
+_Of the_ Capevingian _Race, and the Manner of its obtaining the Kingdom
+  of_ Francogallia.
+
+CHAP. XVII.
+
+_Of the_ uninterrupted Authority _of the_ Publick Council, _during the_
+  Capevingian _Line_.
+
+CHAP. XVIII.
+
+_Of the Remarkable_ Authority _of the_ Council _against_ Lewis _the
+  Eleventh_.
+
+CHAP. XIX.
+
+_Of the Authority of the Assembly of the_ States, _concerning the most
+  important Affairs of Religion_.
+
+CHAP. XX.
+
+_Whether_ Women _are not as much debarr'd by the_ Francogallican
+  _Law from the_ Administration, _as from the_ Inheritance _of the
+  Kingdom_.
+
+CHAP. XXI.
+
+_Of the_ Juridical Parliaments _in_ France.
+
+       *       *       *       *       *
+
+A
+Short EXTRACT
+OF THE
+LIFE
+OF
+Francis Hotoman,
+
+    Taken out of Monsieur _Bayle's_ Hist. Dict. and other
+    Authors.
+
+_Francis Hotoman_ (one of the most learned Lawyers of that Age) was Born
+at _Paris_ the 23d of _August_, 1524. His Family was an Ancient and
+Noble one, originally of _Breslaw_, the Capital of _Silesia_. _Lambert
+Hotoman_, his Grandfather, bore Arms in the Service of _Lewis_ the 11th
+of _France_, and married a rich Heiress at _Paris_, by whom he had 18
+Children; the Eldest of which (_John Hotoman_) had so plentiful an
+Estate, that he laid down the Ransom-Money for King _Francis_ the First,
+taken at the Battel of _Pavia_: _Summo galliae bono, summa cum sua
+laude_, says _Neveletus_, _Peter Hotoman_ his 18th Child, and [Footnote:
+_Maistre des Eaux & Forrests._] _Master of the Waters and Forests_ of
+_France_ (afterwards a Counsellor in the Parliament of _Paris_) was
+Father to _Francis_, the _Author_ of this Book. He sent his Son, at 15
+Years of Age, to _Orleans_ to study the _Common Law_; which he did with
+so great Applause, that at Three Years End he merited the Degree of
+Doctor. His Father designing to surrender to him his Place of Counsellor
+of _Parliament_, sent for him home: But the young Gentleman was soon
+tired with the Chicane of the Bar, and plung'd himself deep in the
+Studies of [Footnote: _Les belles Lettres._] _Humanity_ and the _Roman
+Laws_; for which he had a wonderful Inclination. He happen'd to be a
+frequent Spectator of the Protestants Sufferings, who, about that Time,
+had their Tongues cut out, were otherwise tormented, and burnt for their
+Religion. This made him curious to dive into those Opinions, which
+inspired so much Constancy, Resignation and Contempt of Death; which
+brought him by degrees to a liking of them, so that he turn'd
+Protestant. And this put him in Disgrace with his father, who thereupon
+disinherited him; which forced him at last to quit _France_, and to
+retire to _Lausanne_ in _Swisserland_ by _Calvin_'s and _Beza_'s Advice;
+where his great Merit and Piety promoted him to the Humanity-Professor's
+Chair, which he accepted of for a Livelihood, having no Subsistance from
+his Father. There he married a young _French_ Lady, who had fled her
+Country upon the Score of Religion: He afterwards remov'd to
+_Strasburg_, where he also had a Professor's Chair. The Fame of his
+great Worth was so blown about, that he was invited by all the great
+Princes to their several Countries, particularly by the _Landgrave_ of
+_Hesse_, the _Duke_ of _Prussia_, and the _King_ of _Navarre_; and he
+actually went to this last about the Beginning of the Troubles. Twice he
+was sent as Ambassador from the Princes of the Blood of _France_, and
+the Queen-Mother, to demand Assistance of the Emperor _Ferdinand:_ The
+Speech that he made at the Diet of _Francfort_ is still extant.
+Afterwards he returned to _Strasburg_; but _Jean de Monluc_, the Bishop
+of _Valence_, over-persuaded him to accept of the Professorship of Civil
+Law at _Valence_; of which he acquitted himself so well, that he very
+much heighten'd the Reputation of that University. Here he received two
+Invitations from _Margaret_ Dutchess of _Berry_, and Sister to _Henry_
+the Second of _France_, and accepted a Professor's Chair at _Bourges_;
+but continued in it no longer than five Months, by reason of the
+intervening Troubles. Afterwards he returned to it, and was there at the
+time of the great _Parisian_ Massacre, having much-a-do to escape with
+his Life; but having once got out of _France_ (with a firm Resolution
+never to return thither again) he took Sanctuary in the House of
+_Calvin_ at _Geneva_, and publish'd Books against the Persecution, so
+full of Spirit and good Reasoning, that the Heads of the contrary Party
+made him great Offers in case he wou'd forbear Writing against them; but
+he refused them all, and said, The Truth shou'd never be betray'd or
+forsaken by him. _Neveletus_ says, "That his Reply to those that wou'd
+have tempted him, was this: _Nunquam sibi propugnatam causam quae iniqua
+esset: Nunquam quae jure & legibus niteretur desertam praemiorum spe vel
+metu periculi._"--He afterwards went to _Basel_ in _Swisserland_, and
+from thence (being driven away by the Plague) to _Mountbelliard_, where
+he buried his Wife. He returned then to _Basel_ (after having refused a
+Professor's Chair at _Leyden_) and there he died of a Dropsy in the 65th
+Year of his Age, the 12th of _February_, 1590.
+
+He writ a great many learned Books, which were all of them in great
+Esteem; and among them an excellent Book _de Consolatione_. His
+_Francogallia_ was his own Favourite; tho' blamed by several others, who
+were of the contrary Opinion: Yet even these who wrote against him do
+unanimously agree, that he had a World of Learning, and a profound
+Erudition. He had a thorough Knowledge of the Civil Law, which he
+managed with all the Eloquence imaginable; and was, without dispute, one
+of the ablest Civilians that _France_ had ever produced: This is _Thuanus_
+and _Barthius_'s Testimony of him. Mr. _Bayle_ indeed passes his Censure
+of this Work in the Text of his Dictionary, in these Words: "_Sa
+Francogallia dont il faisoit grand etat est celuy de tous ses ecrits que
+l'on aprouve le moins:_"--and in his Commentary adds, "_C'est un Ouvrage
+recommendable du coste de l'Erudition; mais tres indigne d'un
+jurisconsulte Francois, si l'on en croit mesme plusieurs Protestants._"
+I wou'd not do any Injury to so great a Man as Monsieur _Bayle_; but
+every one that is acquainted with his Character, knows that he is more a
+Friend to Tyranny and Tyrants, than seems to be consistent with so free
+a Spirit. He has been extremely ill used, which sowres him to such a
+degree, that it even perverts his Judgment in some measure; and he seems
+resolved to be against Monsieur _Jurieu_, and that Party, in every
+thing, right or wrong. Whoever reads his Works, may trace throughout all
+Parts of them this Disposition of Mind, and see what sticks most at his
+Heart. So that he not only loses no Occasion, but often forces one where
+it seems improper and unseasonable, to vent his Resentments upon his
+Enemies; who surely did themselves a great deal more wrong in making him
+so, than they did him. 'Tis too true, that they did all they cou'd to
+starve him; and this great Man was forced to write in haste for Bread;
+which has been the Cause that some of his Works are shorter than he
+design'd them; and consequently, that the World is deprived of so much
+Benefit, as otherwise it might have reap'd from his prodigious Learning,
+and Force of Judgment. One may see by the first Volume of his
+Dictionary, which goes through but two Letters of the Alphabet, that he
+forecasted to make that Work three times as large as it is, cou'd he
+have waited for the Printer's Money so long as was requisite to the
+finishing it according to his first Design. Thus much I thought fit to
+say, in order to abate the Edge of what he seems to speak hardly of the
+_Francogallia_; tho' in several other Places he makes my Author amends:
+And one may without scruple believe him, when he commends a Man, whose
+Opinion he condemns. For this is the Character he gives of this Work:
+_"C'est au fond un bel Ouvrage, bien ecrit, & bien rempli d'erudition:
+Et d'autant plus incommode au partie contraire que l'Auteur se contente
+de citer des faits."_ Can any thing in the World be a greater
+Commendation of a Work of this Nature, than to say it contains only pure
+Matter of Fact? Now if this be so, Monsieur _Bayle_ wou'd do well to
+tell us what he means by those Words, _Tres indigne d'un jurisconsulte
+Francois_. Whether a _French_ Civilian be debarr'd telling of Truth
+(when that Truth exposes Tyranny) more than a Civilian of any other
+Nation? This agrees, in some measure, with Monsieur _Teissier_'s
+Judgment of the _Francogallia_, and shews, that Monsieur _Bayle_, and
+Monsieur _Teissier_ and _Bongars_, were _Bons Francois_ in one and the
+same Sense. "_Son Livre intitule, Francogallia, luy attira AVEC RAISON_
+(and this he puts in great Letters) _les blame des bons Francois_. For
+(says he) therein he endeavours to prove, That _France_, the most
+flourishing Kingdom in _Christendom_, is not successive, like the
+Estates of particular Persons; but that anciently the Kings came to the
+Crown by the Choice and Suffrages of the Nobility and People; insomuch,
+that as in former Times the Power and Authority of _Electing_ their
+Kings belonged to the _Estates of the Kingdom_, so likewise did the
+Right of _Deposing_ their _Princes_ from their Government. And hereupon
+he quotes the Examples of _Philip de Valois_, of _King John_, _Charles
+the Fifth_, and _Charles the Sixth_, and _Lewis the Eleventh_: But what
+he principally insists on, is to show, That as from Times Immemorial,
+the _French_ judg'd Women incapable of Governing; So likewise ought they
+to be debarr'd from all Administration of the Publick Affairs."
+
+This is Mr. _Boyle_'s Quotation of _Teissier_, by which it appears how
+far _Hotoman_ ought to be blamed by all _true Frenchmen, AVEC RAISON_.
+But provided that _Hotoman_ proves irrefragably all that he says (as not
+only Monsieur _Bayle_ himself, but every body else that writes of him
+allows) I think it will be a hard matter to persuade a disinteress'd
+Person, or any other but a _bon Francois_, (which, in good _English_, is
+a _Lover of his Chains_) that here is any just Reason shewn why
+_Hotoman_ shou'd be blam'd.
+
+Monsieur _Teissier_, altho' very much prejudiced against him, was (as
+one may see by the Tenor of the above Quotation, and his leaving it thus
+uncommented on) in his Heart convinc'd of the Truth of it; but no _bon
+Francois_ dares own so much. He was a little too careless when he wrote
+against _Hotoman_, mistaking one of his Books for another; _viz._ his
+Commentary _ad titulum institutionum de Actionibus_, for his little Book
+_de gradibus cognationis_; both extremely esteemed by all learned Men,
+especially the first: Of which Monsieur _Bayle_ gives this Testimony:
+"_La beaute du Stile, & la connoissance des antiquites Romaines
+eclatoient dans cet Ouvrage, & le firent fort estimer._"
+
+_Thuanus_, that celebrated disinteress'd Historian, gives this Character
+in general of his Writings. "He composed (says he) several Works very
+profitable towards the explaining of the Civil Law, Antiquity, and all
+Sorts of fine Literature; which have been collected and publish'd by
+_James Lectius_, a famous Lawyer, after they had been review'd and
+corrected by the Author. _Barthius_ says, that he excelled in the
+Knowledge of the Civil Law, and of all genteel Learning [Footnote:
+_Belles Literature_] _Ceux la mesmes qui ont ecrits contre luy_ (says
+_Neveletus_) _tombent d'accord quil avoit beaucoup de lecture & une
+profonde Erudition_."
+
+The Author of the _Monitoriale adversus Italogalliam_, which some take
+to be _Hotoman_ himself, has this Passage relating to the _Francogallia_:
+"Quomodo potest aliquis ei succensere qui est tantum relator & narrator
+facti? _Francogallista_ enim tantum narrationi & relationi simplici
+vacat, quod si aliena dicta delerentur, charta remaneret alba."
+
+It was objected to him, that he unawares furnish'd the Duke of _Guise_
+and the _League_ at _Paris_ with Arguments to make good their Attempts
+against their Kings. This cannot be deny'd; but at the same time it
+cannot be imputed to _Hotoman_ as any Crime: Texts of Scripture
+themselves have been made use of for different Purposes, according to
+the Passion or the Interests of Parties. Arguments do not lose their
+native Force for being wrong apply'd: If the Three _Estates of France_
+had such a fundamental Power lodg'd in them; who can help it, if the
+Writers for the _League_ made use of Hotoman's Arguments to support a
+wrong Cause? And this may suffice to remove this Imputation from his
+Memory.
+
+He was a Man of a very handsome Person and Shape, tall and comely; his
+Eyes were blewish, his Nose long, and his Countenance venerable: He
+joined a most exemplary Piety and Probity to an eminent Degree of
+Knowledge and Learning. No Day pass'd over his Head, wherein he employ'd
+not several Hours in the Exercise of Prayer, and reading of the
+Scriptures. He wou'd never permit his Picture to be drawn, tho' much
+intreated by his Friends; however (when he was at his last Gasp, and
+cou'd not hinder it) they got a Painter to his Bed's-side, who took his
+Likeness as well as 'twas possible at such a time. _Basilius
+Amerbachius_ assisted him during his last Sickness, and _James Grinaeus_
+made his Funeral-Sermon. He left two Sons behind him, _John_ and
+_Daniel_; besides a great Reputation, and Desire of him, not only among
+his Friends and Acquaintance, but all the Men of Learning and Probity
+all over _Europe_.
+
+       *       *       *       *       *
+
+
+
+
+Explication of the _Roman_ Names mention'd by _Hotoman_.
+
+_AEdui_,                People of _Chalons_ and _Nevers_, of _Autun_
+                       and _Mascon_.
+
+_Agrippina Colonia_,  _Cologn_.
+
+
+_Arverni_,             P. of _Auvergne_ and _Bourbonnais_.
+
+_Armorica_,           _Bretagne_ and _Normandy_.
+
+_Aquitani_,            P. of _Guienne_ and _Gascogn_.
+
+_Atrebates_,           P. of _Artois_.
+
+_Attuarii_,            P. of _Aire_ in _Gascogn_.
+
+_Augustodunum_,       _Autun_.
+
+_Aureliani_,           P. of _Orleans_.
+
+_Aquisgranum_,        _Aix la Chapelle_.
+
+_Ambiani_,             P. of _Amiens_.
+
+_Alsaciones_,          P. of _Alsace_.
+
+_Bigargium_,          _Bigorre forte_.
+
+_Bibracte_,           _Bavray_, in the Diocese of _Rheims_.
+
+_Bituriges_,           P. of _Bourges_.
+
+_Carisiacum_,         _Crecy_.
+
+_Cinnesates_,          P. on the Sea-Coast, between the _Elb_ and
+                       the _Rhine_.
+
+_Carnutes_,            P. of _Chartres_ and _Orleans_.
+
+_Ceutrones_,           P. of _Liege_.
+
+_Ceutones_,            P. of _Tarentaise_ in _Savoy_.
+
+_Condrusii_,           P. of the _Condros_ in _Flanders_.
+
+_Dusiacum_,           _non liquet_.
+
+_Eburones_,            P. of the Diocese of _Liege_, and of _Namur_.
+
+_Gorduni_,             P. about _Ghent_ and _Courtray_.
+
+_Grudii_,              P. of _Lovain_.
+
+_Hetrusci_,            P. of _Tuscany_.
+
+_Laudunum_,           _Laon_.
+
+_Lexovium_,           _Lisieux_.
+
+_Lentiates_,           People about _Lens_.
+
+_Levaci_,              P. of _Hainault_.
+
+_Leuci_,               P. of _Metz_, _Toul_ and _Verdun_.
+
+_Lingones_,            P. of _Langres_.
+
+_Lugdunum_,           _Lyons_.
+
+_Lutetia_,            _Paris_.
+
+_Massilia_,           _Marseilles_.
+
+_Marsua_,             _non liquet_.
+
+_Nervii_,              P. of _Hainault_ and _Cambray_.
+
+_Nitiobriges_,         P. of _Agenois_.
+
+_Novemopulonia_,      _Gascony_.
+
+_Noviomagum_,         _Nimeguen_.
+
+_Pannonia_,           _Hungary_.
+
+_Pleumosii_,           P. of _Tornay_ and _Lisle_.
+
+_Rhatia_,             _Swisserland_.
+
+_Rhemi_,               P. of _Rheims_.
+
+_Senones_,             P. of _Sens_ and _Auxerre_.
+
+_Sequani_,             P. of _Franche Comte_.
+
+_Sequana_,             the River _Seine_.
+
+_Suessiones_,          P. of _Soissons_.
+
+_Trecassini_,          P. of _Tricasses_ in _Champagne_.
+
+_Treviri_,             P. of _Triers_, and Part of _Luxemburg_.
+
+_Toxandri_,            P. of _Zealand_.
+
+_Tolbiacum_,          _non liquet_.
+
+_Vencti_,              P. of _Vannes_.
+
+_Vesontini_,           P. of _Besancon_.
+
+_Ulbanesses_,         _non liquet_.
+
+_Witmarium_,          _non liquet_.
+
+       *       *       *       *       *
+
+
+
+
+The Author's Preface.
+
+
+    To the most Illustrious and Potent Prince _FREDERICK_,
+    Count Palatine of the _Rhine_, Duke of _Bavaria_, &c.
+    First Elector of the _Roman_ Empire, His most Gracious
+    Lord, _Francis Hotoman_, wishes all Health and Prosperity.
+
+_'Tis an old Saying, of which_ Teucer _the Son of_ Telamon _is the
+supposed Author, and which has been approved of these many Ages_, A
+Man's Country is, where-ever he lives at Ease. [Footnote: _Patria est
+ubicunq; est bene._] _For to bear even Banishment it self with an
+unconcern'd Temper of Mind like other Misfortunes and Inconveniences,
+and to despise the Injuries of an ungrateful Country, which uses one
+more like a Stepmother than a true Mother, seems to be the Indication of
+a great Soul. But I am of a quite different Opinion: For if it be a
+great Crime, and almost an Impiety not to live under and suffer
+patiently the Humours and harsh Usage of our Natural Parents; 'tis sure
+a much greater, not to endure those of our Country, which wise Men have
+unanimously preferr'd to their_ Parents. _'Tis indeed the Property of a
+wary self-interested Man, to measure his Kindness for his Country by his
+own particular Advantages: But such a sort of Carelesness and
+Indifferency seems a Part of that Barbarity which was attributed to the_
+Cynicks _and_ Epicureans; _whence that detestable Saying proceeded_,
+When I am dead, let the whole World be a Fire. _Which is not unlike the
+Old Tyrannical Axiom_; Let my Friends perish, so my Enemies fall along
+with them. [Footnote: _Me mortuo terra misceatur incendio. Pereant amici
+dum una inimici intercidant._] _But in gentle Dispositions, there is a
+certain inbred Love of their Country, which they can no more divest
+themselves of, than of Humanity it self. Such a Love as_ Homer
+_describes in_ Ulysses, _who preferred_ Ithaca, _tho' no better than a
+Bird's Nest fix'd to a craggy Rock in the Sea, to all the Delights of
+the Kingdom which_ Calypso _offer'd him_.
+
+  Nescio qua natale Solum dulcedine cunctos
+  Ducit, & immemores non finit esse sui:
+
+_Was very truly said by the Ancient Poet; When we think of that Air we
+first suck'd in, that Earth we first trod on, those Relations,
+Neighbours and Acquaintance to whose Conversation we have been
+accustomed._
+
+_But a Man may sometimes say, My_ Country _is grown_ mad _or_ foolish,
+_(as_ Plato _said of his) sometimes that it rages and cruelly tears out
+its own Bowels.--We are to take care in the first Place, that we do not
+ascribe_ other Folks _Faults to our innocent_ Country. _There have been
+may cruel_ Tyrants _in_ Rome _and in other Places; these not only
+tormented innocent good Men, but even the best deserving Citizens, with
+all manner of Severities: Does it therefore follow, that the Madness of
+these Tyrants must be imputed to their Country? The Cruelty of the
+Emperor_ Macrinus _is particularly memorable; who as_ Julius Capitolinus
+_writes, was nicknamed_ Macellinus, _because his House was stained with
+the Blood of Men, as a Shambles is with that of Beasts. Many such others
+are mention'd by Historians, who for the like Cruelty (as the same_
+Capitolinus _tells us) were stil'd, one_ Cyclops, _another_ Busiris, _a
+3d_ Sciron, _a 4th_ Tryphon, _a 5th_ Gyges. _These were firmly
+persuaded, that Kingdoms and Empires cou'd not be secur'd without
+Cruelty: Wou'd it be therefore reasonable, that good Patriots shou'd lay
+aside all Care and Solicitude for their Country? Certainly they ought
+rather to succour her, when like a miserable oppressed Mother, she
+implores her Childrens Help, and to seek all proper Remedies for the
+Mischiefs that afflict her._
+
+_But how fortunate are those Countries that have good and mild Princes!
+how happy are those Subjects, who, thro' the Benignity of their Rulers
+may quietly grow old on their Paternal Seats, in the sweet Society of
+their Wives and Children! For very often it happens, that the Remedies
+which are made use of prove worse than the Evils themselves. 'Tis now,
+most Illustrious Prince, about Sixteen Years since God Almighty has
+committed to your Rule and Government a considerable Part of_ Germany
+_situate on the_ Rhine. _During which time, 'tis scarce conceivable what
+a general Tranquility, what a Calm (as in a smooth Sea) has reigned in
+the whole_ Palatinate; _how peaceable and quiet all things have
+continued: How piously and religiously they have been governed: Go on
+most Gracious Prince in the same Meekness of Spirit, which I to the
+utmost of my Power must always extol. Proceed in the same Course of
+gentle and peaceable Virtue_; Macte Virtute; _not in the Sense which_
+Seneca _tells us the_ Romans _used this Exclamation in, to salute their
+Generals when they return'd all stain'd with Gore Blood from the Field
+of Battel, who were rather true_ Macellinus's: _But do you proceed in
+that Moderation of Mind, Clemency, Piety, Justice, Affability, which
+have occasion'd the Tranquility of your Territories. And because the
+present Condition of your_ Germany _is such as we see it, Men now-a-days
+run away from Countries infested with Plunderers and Oppressors, to take
+Sanctuary in those that are quiet and peaceable; as Mariners, who
+undertake a Voyage, forecast to avoid Streights, &c. and Rocky Seas, and
+chase to sail a calm and open Course._
+
+_There was indeed a Time, when young Gentlemen, desirous of Improvement,
+flock'd from all Parts to the Schools and Academies of our_
+Francogallia, _as to the publick Marts of good Literature. Now they
+dread them as Men do Seas infested with Pyrates, and detest their
+Tyrannous Barbarity. The Remembrance of this wounds me to the very Soul;
+when I consider my unfortunate miserable Country has been for almost
+twelve Years, burning in the Flames of Civil War. But much more am I
+griev'd, when I reflect that so many have not only been idle Spectators
+of these dreadful Fires (as_ Nero _was of flaming_ Rome_) but have
+endeavour'd by their wicked Speeches and Libels to blow the Bellows,
+whilst few or none have contributed their Assistance towards the
+extinguishing them._
+
+_I am not ignorant how mean and inconsiderable a Man I am; nevertheless
+as in a general Conflagration every Man's Help is acceptable, who is
+able to fling on but a Bucket of Water, so I hope the Endeavours of any
+Person that offers at a Remedy will be well taken by every Lover of his
+Country. Being very intent for several Months past on the Thoughts of
+these great Calamities, I have perused all the old_ French _and_ German
+_Historians that treat of our_ Francogallia, _and collected out of their
+Works a true State of our_ Commonwealth; _in the Condition (wherein they
+agree) it flourished for above a Thousand Years. And indeed the great
+Wisdom of our Ancestors in the first framing of our Constitution, is
+almost incredible; so that I no longer doubted, that the most certain
+Remedy for so great Evils must be deduced from their Maxims._
+
+_For as I more attentively enquired into the Source of these Calamities,
+it seemed to me, that even as human Bodies decay and perish, either by
+some outward Violence, or some inward Corruption of Humours, or lastly,
+thro' Old Age: So Commonwealths are brought to their Period, sometimes
+by Foreign Force, sometimes by Civil Dissentions, at other Times by
+being worn out and neglected. Now tho' the Misfortunes that have
+befallen our Commonwealth are commonly attributed to our Civil
+Dissentions, I found, upon Enquiry, these are not so properly to be
+called the_ Cause _as the_ Beginning _of our Mischiefs. And_ Polybius,
+_that grave judicious Historian, teaches us, in the first place, to
+distinguish the_ Beginning _from the_ Cause _of any Accident. Now I
+affirm the_ Cause _to have been that great Blow which our Constitution
+received about 100 Years ago from that_ [Footnote: Lewis _the_ XI.]
+_Prince, who ('tis manifest) first of all broke in upon the noble and
+solid Institutions of our Ancestors. And as our natural Bodies when put
+out of joint by Violence, can never be recover'd but by replacing and
+restoring every Member to its true Position; so neither can we
+reasonably hope our Commonwealth shou'd be restor'd to Health, till
+through Divine Assistance it shall be put into its true and natural
+State again._
+
+_And because your Highness has always approv'd your self a true Friend
+to our Country; I though it my Duty to inscribe, or, as it were, to
+consecrate this Abstract of our History to your Patronage. That being
+guarded by so powerful a Protection, it might with greater Authority and
+Safety come abroad in the World. Farewel, most illustrious_ Prince; _May
+the great God Almighty for ever bless and prosper your most noble
+Family._
+
+Your Highness's most Obedient,
+
+_Francis Hotoman_.
+
+12 Kal. Sep. 1574.
+
+       *       *       *       *       *
+
+
+
+
+Francogallia.
+
+       *       *       *       *       *
+
+
+
+CHAP. I.
+
+    _The State of_ Gaul, _before it was reduced into a_
+    Province _by the_ Romans.
+
+
+My Design being to give an Account of the Laws and Ordinances of our
+_Francogallia_, as far as it may tend to the Service of our
+_Commonwealth_, in its present Circumstances; I think it proper, in the
+first place, to set forth the State of _Gaul_, before it was reduced
+into the Form of a _Province_ by the _Romans_: For what _Caesar,
+Polybius, Strabo, Ammianus_, and other Writers have told us concerning
+the _Origin, Antiquity_ and _Valour_ of that People, the Nature and
+Situation of their Country, and their private Customs, is sufficiently
+known to all Men, tho' but indifferently learned.
+
+We are therefore to understand, that the State of _Gaul_ was such at
+that time, that neither was the _whole_ under the Government of a
+_single Person_: Nor were the particular [Footnote: _Civitas_, a
+Commonwealth.] _Commonwealths_ under the Dominion of the _Populace_, or
+the _Nobles_ only; but all _Gaul_ was so divided into _Commonwealths_,
+that the most Part were govern'd by the _Advice_ of the _Nobles_; and
+these were called _Free_; the rest had _Kings_. But every one of them
+agreed in this _Institute_, that at a certain Time of the Year a
+_publick Council_ of the whole Nation should be held; in which
+_Council_, whatever seem'd to relate to the whole _Body_ of the
+_Commonwealth_ was appointed and establish'd. _Cornelius Tacitus_, in
+his 3d Book, reckons Sixty-four _Croitates_; by which is meant (as
+_Caesar_ explains it) so many Regions or Districts; in each of which, not
+only the same _Language, Manners_ and _Laws_, but also the same
+_Magistrates_ were made use of. Such, in many Places of his History, he
+principally mentions the Cities of the _AEdui_, the _Rhemi_ and _Arverni_
+to have been. And therefore _Dumnorix_ the _AEduan_, when _Caesar_ sent to
+have him slain, began to resist, and to defend himself, and to implore
+the Assistance of his _Fellow Citizens_; often crying out, That he was a
+_Freeman_, and Member of a _Free Commonwealth_, lib. 5. cap. 3.
+
+To the like purpose Strabo writes in his Fourth Book: [Footnote: [Greek:
+Aristokratikai d' esan hai pleious ton politeios, ena d' hegemona
+herounto kat eniauton to palaion hos d' hautos eis polemon heis hupo tou
+plethous apedeiknuto strategos.]] "_Most_ of the _Commonwealths_ (says
+he) were govern'd by the _Advice_ of the _Nobles_: but every _Year_ they
+anciently chose a _Magistrate_; as also the People chose a _General_ to
+manage their Wars." The like _Caesar_, lib. 6. Cap. 4. writes in these
+Words: "Those _Commonwealths_ which are esteem'd to be under the best
+Administration, have made a Law, that if any Man chance to hear a Rumour
+or Report abroad among the Bordering People, which concerned the
+_Commonwealth_, he ought to inform the _Magistrates_ of it, and
+communicate it to no body else. The _Magistrates_ conceal what they
+think proper, and acquaint the Multitude with the rest: For of Matters
+relating to the _Community_, it was not permitted to any Person to talk
+or discourse, but in _Council_".--Now concerning this _Common Council_
+of the whole Nation, we shall quote these few Passages out of _Caesar_.
+"They demanded, (says he) _lib._ 1. _cap._ 12. a _General Council_ of
+_all Gallia_ to be summon'd; and that this might be done by _Caesar_'s
+Consent." Also, _lib._ 7. _cap._ 12.--"a _Council_ of all _Gallia_ was
+summon'd to meet at _Bibracte_; and there was a vast Concourse from all
+Parts to that Town."--And _lib._ 6. _cap._ 1--"_Caesar_ having summon'd
+the _Council_ of _Gaul_ to meet early in the Spring, as he had before
+determin'd: Finding that the _Senenes, Carnates_ and _Treviri_ came not
+when all the rest came, he adjourned the _Council_ to Paris."--And,
+_lib_ 7. _cap._ 6. speaking of _Vercingetorix_,--"He promis'd himself,
+that he shou'd be able by his Diligence to unite such _Commonwealths_ to
+him as dissented from the rest of the Cities of _Gaul_, and to form a
+_General Council_ of all _Gallia_; the Power of which, the whole World
+should not be able to withstand."
+
+Now concerning the _Kings_ which ruled over certain Cities in _Gallia_
+the same Author makes mention of them in very many Places; Out of which
+this is particularly worthy our Observation: That it was the _Romans_
+Custom to caress all those _Reguli_ whom they found proper for their
+turns: That is, such as were busy men, apt to embroil Affairs, and to
+sow Dissentions or Animosities between the several _Commonwealths_.
+These they joined with in Friendship and Society, and by most honourable
+publick Decrees called them their _Friends_ and _Confederates_: And many
+of these _Kings_ purchased, at a great Expence, this Verbal Honour from
+the _Chief Men_ of _Rome_. Now the _Gauls_ called such, _Reges_, or
+rather _Reguli_, which were chosen, not for a certain Term, (as the
+Magistrates of the Free Cities were) but for their Lives; tho' their
+Territories were never so small and inconsiderable: And these, when
+Customs came to be changed by Time, were afterwards called by the Names
+of _Dukes, Earls_, and _Marquisses_.
+
+Of the _Commonwealths_ or _Cities_, some were much more potent than
+others; and upon these the lesser _Commonwealths_ depended; these they
+put themselves under for Protection: Such weak Cities _Caesar_ sometimes
+calls the _Tributaries_ and _Subjects_ of the former; but, for the most
+part he says, they were in _Confederacy_ with them. _Livius_ writes,
+_lib. 5._ that when _Tarquinius Priscus_ reigned in _Rome_, the
+_Bituriges_ had the principal Authority among the _Celtae_, and gave a
+_King_ to them. When _Caesar_ first enter'd _Gaul_, A.U.C. 695. he found
+it divided into Two Factions; the _AEdui_ were at the Head of the one,
+the _Arverni_ of the other, who many Years contended for the
+Superiority: But that which greatly increas'd this Contention, was,
+Because the _Bituriges_, who were next Neighbours to the _Arverni_, were
+yet _in file & imperio_ that is, Subjects and Allies to the _AEdui_. On
+the other hand, the _Sequani_ (tho' Borderers on the _AEdui_) were under
+the Protection of the _Arverni_, lib. 1. Cap. 12. lib. 6. cap. 4. The
+_Romans_ finding such-like Dissention; to be for their Interest; that
+is, proper Opportunities to enlarge their own Power, did all they cou'd
+to foment them: And therefore made a League with the _AEdui_, whom (with
+a great many Compliments) they titled _Brothers and Friends of the
+People of Rome_. Under the Protection and League of the _AEdui_, I find
+to have been first the _Senones_, with whom some time before the
+_Parisians_ had join'd their _Commonwealth_ in League and Amity. Next,
+the _Bellouaci_, who had nevertheless a great City of their own,
+abounding in Numbers of People, and were of principal Authority and
+Repute among the _Belgae_, lib. 2. cap. 4. and lib. 7. cap. 7. _Caesar_
+reckons the _Centrones_, _Grudii_, _Levaci_, _Pleumosii_, _Gordunni_,
+under the Dominion of the _Nervii_, lib. 5. cap. 11. He names the
+_Eburones_ and _Condrasii_ as Clients of the _Treviri_, lib. 4. cap. 2.
+And of the _Commonwealth_ of the _Veneti_ (these are in _Armorica_ or
+_Brittanny_) he writes, that their Domination extended over all those
+Maritime Regions; and that almost all that frequented those Seas were
+their Tributaries, _lib._ 3. _cap._ 2. But the Power of the _Arverni_
+was so great, that it not only equall'd that of the AEdui, but a little
+before _Caesar_'s Arrival, had got most of their Clients and Dependents
+from them, _lib._ 6 _cap._ 4. _lib._ 7. _cap._ 10. Whereupon, as Strabo
+writes in his 4th Book, they made War against _Caesar_ with Four hundred
+thousand Men under the Conduct of their General _Vercingetorix_. These
+were very averse to Kingly Government: So that _Celtillus_, Father to
+_Vercingetorix_, a Man of great Power and Reputation (reckon'd the first
+Man in all _Gaul_,) was put to Death, by _Order_ of his _Commonwealth_,
+for aspiring to the _Kingdom_. The _Sequani_, on the other hand, had a
+King, one _Catamantales_, to whom the _Romans_ gave the Title of their
+_Friend_ and _Ally_, lib. 1. cap. 2. Also the _Suessiones_, who were
+Masters of most large and fertile Territories, with 12 great Cities, and
+cou'd muster Fifty thousand fighting Men, had a little before that time
+_Divitiacus_, the most potent Prince of all _Gallia_ for their King; he
+had not only the Command of the greatest Part of _Belgae_, but even of
+_Britanny_. At _Caesar_'s Arrival they had one _Galba_ for their King,
+_lib._ 2. _cap._ 1. In _Aquitania_, the _Grandfather_ of one _Piso_ an
+_Aquitanian_ reigned, and was called _Friend_ by the People of _Rome_,
+lib. 4. cap. 3. The _Senones_, a People of great Strength and Authority
+among the _Gauls_, had for some time _Moritasgus_ their King; whose
+Ancestors had also been Kings in the same Place, _lib._ 5. _cap._ 13.
+The _Nitiobriges_ or _Agenois_, had _Olovico_ for their King; and he
+also had the Appellation given him of _Friend_ by the _Senate_ of
+_Rome_, lib. 7. cap. 6.
+
+But concerning all these Kingdoms, one thing is remarkable, and must not
+lightly be past by; which is That _they were not hereditary_, but
+_conferr'd_ by the _People_ upon such as had the Reputation of being
+just Men. Secondly, That they had no _arbitrary_ or _unlimited
+Authority_, but were bound and _circumscribed_ by _Laws_; so that they
+were no less accountable to, and subject to the Power of the People,
+than the People was to theirs; insomuch that those _Kingdoms_ seem'd
+nothing else but _Magistracies for Life_. For Caesar makes mention of
+several _private Men_, whose _Ancestors_ had formerly been _such Kings_;
+among these he reckons _Casticus_, the Son of _Catamantales_, whose
+Father had been King of the _Sequani_ many Years, _lib._ 1. _cap._ 2.
+and _Piso_ the _Aquitanian_, lib. 4. cap. 3. also _Tasgetius_, whose
+Ancestors had been Kings among the _Carnutes_, lib. 5. cap. 8.
+
+Now concerning the Extent of their _Power_ and _Jurisdiction_, he brings
+in _Ambiorix_, King of the _Eburones_, giving an account of it, _lib._
+5. _cap._ 8. "The Constitution of our Government is such (says he) that
+the People have no less Power and Authority over me than I have over the
+People. _Non minus habet in me juris multitudo, quam ipse in
+multitudinem._" Which Form of Government, _Plato, Aristotle, Polybius_
+and _Cicero_ have for this Reason determined to be the _best_ and _most
+Excellent_: "Because (says _Plato_) shou'd Kingly Government be left
+without a Bridle, when it has attained to supreme Power, as if it stood
+upon a slippery Place, it easily falls into Tyranny: And therefore it
+ought to be restrained as with a Curb, by the Authority of the Nobles;
+and such chosen men as the People have empower'd to that End and
+Purpose."
+
+       *       *       *       *       *
+
+
+
+CHAP. II.
+
+    _Probable Conjectures concerning the_ ancient Language _of
+    the_ Gauls.
+
+
+In this Place it seems proper to handle a Question much disputed and
+canvass'd by Learned Men; _viz._ What was the Language of the Gauls in
+those old Times? For as to what belongs to their Religion, Laws, and the
+Customs of the People, _Caesar_, as I said before, has at large given us
+an account. In the first place we ought to take notice, that _Caesar_, in
+the Beginning of his Commentaries, where he divides the Gauls into Three
+Nations, the _Belgae_, the _Aquitanae_, and the _Celtae_, tells us they all
+differ'd, not only in their _Customs_, but in their _Language_ [Footnote:
+[Greek: all enious micron parallattontas tais glottais]]: Which also
+_Strabo_ confirms, _lib._ 4. where he says they were not [Greek:
+homolhottous], of one Language, but a little differing in their
+Languages. And the same thing _Ammianus Marcellinus_ testifies in his
+15th Book. But what many Learned Men (especially of our own Country)
+have maintain'd, _viz._ That the _Gauls_ commonly used the _Greek
+Tongue_, may be refuted by this single Instance which _Caesar_ takes
+notice of _lib._ 5. _cap._ 12. That when _Q. Cicero_ was besieged in his
+Camp, he dispatched Letters written in the _Greek_ Language, "_Lest (if
+they were intercepted) his Designs shou'd be discover'd by the_ Gauls."
+But to this some object, what _Strabo_ writes, _lib._ 4. _viz._ "That
+all Sorts of good Literature (and especially that of the _Greek
+Language_) flourish'd at _Marseilles_ to such a degree, that the
+_Gauls_, by the Example of the _Massilians_, were mightily delighted
+with the _Greek_ Tongue, insomuch that they began to write their very
+Bargains and Contracts in it." Now to this there is a short and ready
+Reply: For, in the first place, if the _Gauls_ learnt _Greek_ by the
+Example of the _Massilians_, 'tis plain, 'twas none of their
+Mother-tongue. Secondly, _Strabo_ in the same place clearly shows us,
+that the Fashion of writing their Contracts in _Greek_ began but in his
+Time, when all _Gallia_ was in Subjection to the _Romans_. Besides, he
+speaks precisely only of those _Gauls_ who were Borderers and next
+Neighbours to the _Massilians_, of whom he says, that not only many of
+their private Men, but even their Cities (by publick Decrees, and
+proposing great Rewards) invited several Learned Men of _Massilia_ to
+instruct their Youth.
+
+It remains that we shou'd clear that place in _Caesar_, where he tells us
+the _Gauls_, in their publick and private Reckonings, _Graecis literis
+usos fuisse_. But let us see whether the word _Graecis_ in that place
+ought not to be left out, not only as _unnecessary_ but _surreptitious_.
+Since it was sufficient to express _Caesar_'s Meaning to have said, that
+the _Gauls_ made no use of _Letters_ or _Writing_ in the Learning of the
+_Druids_, but in all other Matters, and in publick and private Accounts,
+they did make use of _Writing_: For _uti litteris, to use Letters_, is a
+frequent Expression for _Writing_ among Latin Authors. Besides, it had
+been a Contradiction to say the _Gauls_ were unskill'd in the _Greek_
+Tongue, as _Caesar_ had averr'd a little before; and afterwards to say,
+that they wrote all their publick and private Accounts in _Greek_. As to
+what many suppose, that the words _literis Graecis_ in that place, are
+not to be taken for _Writing Greek_, but only for the _Characters_ of
+the _Letters_; I can less approve of this Explanation than the former;
+because though many ancient Writers (as we just now said) frequently
+used the Expression, _Uti litteris_ for _Scribere_; yet I never
+observ'd, that any of them ever used it to signify the _Forms_ and
+_Fashions_ of the _Characters_. Neither does it make at all for their
+Opinion, what _Caesar_ says in the First Book of his Commentaries, _viz._
+That there were found in the _Helvetian_ Camp, Tablets, _literis Graecis
+conscriptas_; as if the same Person, who had learnt to make use of the
+_Greek Forms_ of _Characters_, might not as easily have learnt the
+_Greek Language_; or as if there might not be among the _Helvetii_,
+_Priests_ or _Gentlemens Sons_, who might then have learnt _Greek_, as
+our's now learn _Latin_; _Greek_ being at that Time a Language in Vogue
+and Esteem. The very Neighbourhood of the School of _Massilia_ is
+sufficient to confute that Opinion: And therefore _Caesar_, when he
+speaks of his own Letter to _Cicero_, tells us, he sent that Letter
+written in _Greek Characters_, lest (in case it were intercepted) his
+Designs shou'd be discover'd by the Enemy. _Justinius_, lib. 20. says,
+there was a Decree of the Senate made, that no _Carthaginian_, after
+that Time, shou'd study the [Footnote: _Graecis literas._] _Greek Language_
+or _Writing_, lest he shou'd be able to speak or write to the Enemy
+without an Interpreter. _Tacitus_, in his Book _de moribus Germanorum_,
+tells us, that several Tombs and Monuments were yet to be seen in the
+Confines of _Germany_ and _Swisserland_ with _Greek_ Inscriptions on
+them. _Livius_, lib. 9. says, The _Roman_ Boys formerly studied the
+_Tuscan_ Language, as now they do the _Greek_. And in his 28th
+Book,--"_Hanibal_ erected an Altar, and dedicated it with a large
+Inscription of all his Atchievements, in the _Greek_ and _Punick_
+Tongues. _Idem Lib._ 40. Both Altars and Inscriptions on them in the
+_Greek_ and _Latin_ Tongues." Lastly, I cannot imagine, that _Caesar_
+wou'd have expressed himself (if he had meant, as these wou'd have him)
+_Graecis literis scribere_; but rather, _Graecarum literarum forma_, as we
+see in _Tacitus_, Lib. 11. "_Novas literarum formas addidit._" He added
+new Characters of Letters: Having found, that the _Greek_ Literature was
+not begun and perfected at once. And again,--"_Et forme literis latinis
+quae veterrimis Graecorum_, &c."
+
+Now lest any body shou'd wonder, how the Word _Graecis_ crept into
+_Caesar_'s Text, I will instance you the like Mischance in _Pliny_,
+_lib._ 7. _cap._ 57. where 'tis thus written,--"_Gentium consensus
+tacitus primum omnium conspiravit ut_ IONUM _literis uterentur_." And
+afterwards,--"_Sequens gentium consensus in tonsoribus fuit._" And
+again,--"_Tertius consensus est in Horarum observatione._" Now who is
+there that sees not plainly the Word IONUM ought to be left out, as well
+because 'tis apparently unnecessary, (for _Pliny_ had no farther Design
+than to let us know, that Men first of all consented in the Writing and
+Form of their Letters) as because 'tis false, that the _Ionian_ Letters
+were the first invented; as _Pliny_ himself in his foregoing Chapter,
+and _Tacitus_, _lib._ 11. have told us? I have observed however two
+Places, (_Gregorius Turonensis_, lib. 5. and _Aimoinus_, lib. 3. cap.
+41.) wherein 'tis intimated, that the _Gauls_ used the _Forms_ of the
+_Greek_ Letters: For where they speak of King _Chilperick_,--"_He added_
+(say they) _some Letters to our Letters_; and those were, [Greek: o,
+ps, z, ph]; and sent Epistles to the several Schools in his Kingdom,
+that the Boys should be so taught." _Aimoinus_ mentions only three
+Letters, [Greek: ch, th, ph]. But we must understand, that these were
+_Franks_, not _Gauls_; or rather _Franco-gauls_, who made use of their
+own native Language, the _German_ Tongue; not that ancient Language of
+the _Gauls_, which had grown out of use under the _Roman_ Government:
+Besides, if the _Francogalli_ had made use of the _Greek_ Letters, how
+came they at first to except these, when they made use of all the rest?
+But we have said enough, and too much of this Matter. As for their
+Opinion who believe that the _Gauls_ spoke the _German_ Language,
+_Caesar_ confutes it in that single place, wherein he tells us, that
+_Ariovistus_, by Reason of his long Conversation in _Gallia_, spoke the
+_Gallick_ Tongue.
+
+Now for two Reasons their Opinion seems to me to be most probable, who
+write, that the _Ancient Gauls_ had a peculiar Language of their own,
+not much differing from the _British_: First, because _Caesar_ tells us
+it was the Custom for these _Gauls_ who had a mind to be thoroughly
+instructed in the Learning of the _Druyds_, to pass over into _Britain_;
+and since the _Druyds_ made no use of Books, 'tis agreeable to Reason,
+that they taught in the same Language which was used in _Gallia_.
+Secondly, because _Tacitus_ in his Life of _Agricola_, writes, that the
+Language of the _Gauls_ and _Britains_ differ'd but very little: neither
+does that Conjecture of _Beatus Rhenanus_ seem unlikely to me, who
+believes the Language which is now made use of in _Basse Bretayne_
+[_Britones Britonantes_] to be the Remains of our ancient Tongue. His
+Reasons for this Opinion may be better learn'd from his own
+Commentaries, than told in this Place. The Language which we at present
+make use of, may easily be known to be a Compound of the several Tongues
+of divers Nations. And (to speak plainly and briefly) may be divided
+into four Parts. One half of it we have from the _Romans_, as every one
+that understands _Latin_ ever so little, may observe: For besides, that
+the _Gauls_ being subject to the _Romans_, wou'd naturally fall into
+their Customs and Language, 'tis manifest that the _Romans_ were very
+industrious to propagate their Tongue, and to make it universal, and (as
+it were) venerable among all Nations. And to that End settled Publick
+Schools up and down, at _Autan, Besancon, Lyons_, &c. as _Valerius
+Maximus, Tacitus_, and _Ausonius_ tell us. The other half of it may be
+subdivided thus. One third of it we hold from the _Ancient Gauls_,
+another from the _Franks_, and the last from the _Greek_ Language: For
+it has been demonstrated long since by many Authors, that we find
+innumerable _Frank_ (that is, _German_) Words (as we shall hereafter
+prove) in our daily Speech. And several learned Men have shewn us, that
+many _Greek_ Words are adapted to our common Use, which we do not owe to
+the Learning and Schools of the _Druyds_, (who I believe spoke no
+_Greek_); but to the Schools and Conversation of the _Massilians_, whom
+we formerly mentioned.
+
+       *       *       *       *       *
+
+
+
+CHAP. III.
+
+    _The State of_ Gaul, _after it was reduced into the form
+    of a_ Province _by the_ Romans.
+
+
+'Tis very well known to all learned Men, that _Gaul_, after having been
+often attempted with various Success, during a ten Years War, and many
+Battels, was at last totally subdued by _Caesar_ and reduced into the
+Form of a Province. It was the Misfortune of this most valiant and
+warlike People, to submit at length to the _Great Beast_, as it is
+called in Scripture, with which however they so strove for Empire for
+eight hundred Years, (as _Josephus_ informs us) that no Wars with any
+other Nation, so much terrified _Rome_. And _Plutarch_ in his Lives of
+_Marcellus_ and _Camillus; Appian_ in his 2d Book of the Civil Wars;
+_Livius, lib._ 8. & 10. have recorded, that the _Romans_ were so afraid
+of the _Gauls_, that they made a Law, whereby all the Dispensations
+(formerly granted to Priests and old Men, from serving in their Armies)
+were made void, in Case of any Tumult or Danger arising from the
+_Gauls_; which _Cicero_ takes notice of in his 2d _Philippick_. _Caesar_
+himself in his 6th Book, and after him _Tacitus_, lib. _de moribus
+Germanorum_, do testify, That there was a time wherein the _Gauls_
+excell'd the _Germans_ in Valour, and carried the War into their
+Territories, settling Colonies (by reason of their _great_ Multitudes of
+People) beyond the _Rhine_.
+
+Now _Tacitus_ in his Life of _Agricola_, attributes, the _Loss_ of this
+their so remarkable _Valour_, to the _Loss_ of their Liberty. _"Gallos
+in bellis floruisse accepimus, mox segnities cum otio intravit, amissa_
+Virtute _pariter ac_ Libertate--." And I hope the Reader will excuse me,
+if the Love of my Country makes me add that remarkable Testimony of the
+Valour of the _Gauls_, mentioned by _Justin, lib._ 24.--"The _Gauls_
+(says he) finding their Multitudes to increase so fast, that their Lands
+cou'd not afford them sufficient Sustenance, sent out Three hundred
+thousand Souls to seek for new Habitations. Part of these: seated
+themselves in _Italy_; who both took and burnt the City of _Rome_.
+Another part penetrated as far as the Shores of _Dalmatia_, destroying
+infinite Numbers of the _Barbarians_, and settled themselves at last in
+_Pannonia_. A hardy bold and warlike Nation; who ventured next after
+_Hercules_, (to whom the like Attempt gave a Reputation of extraordinary
+Valour, and a Title to Immortality) to cross those almost inaccessible
+Rocks of the _Alps_, and Places scarce passable by Reason of the Cold:
+Where after having totally subdued the _Pannonians_ they waged War with
+the bordering Provinces for many Years.--And afterwards--being
+encouraged by their Success, subdivided their Parties; when some took
+their Way to _Graecia_ some to _Macedonia_, destroying all before them
+with Fire and Sword. And so great was the Terror of the Name of the
+_Gauls_, that several Kings (not in the least threatned by them) of
+their own accord, purchased their Peace with large Sums of Money--. And
+in the following Book, he says,--So great was the Fruitfulness of the
+_Gauls_ at that time, that like a Swarm they fill'd all _Asia_. So that
+none of the _Eastern_ Kings either ventured to make War without a
+mercenary Army of _Gauls_, or fled for Refuge to other than the _Gauls_,
+when they were driven out of their Kingdoms." And thus much may suffice
+concerning their warlike Praises and Fortitude, which (as _Tacitus_
+tells us) was quite _gone, as soon as they lost their Liberty_. Yet some
+Cities, or _Commonwealths_, (as _Phnius, lib. 4. cap. 11._ tells us)
+were permitted to continue free, after the _Romans_ had reduced _Gallia_
+to the Form of a Province. Such were the _Nervii_, _Ulbanesses_,
+_Suessiones_ and _Leuci_. Also some of the Confederates: and among these
+he reckons the _Lingones_, _Rhemi_, _Carnutes_ and _AEdui_.
+
+But we may easily learn from these Words of _Critegnatus_ the
+_Arvernian_, mentioned by _Caesar, lib. 7._ what the Condition was of
+those _Commonwealths_, which had the Misfortune to be reduced into the
+Form of a _Province_. "If" (says he) "you are ignorant after what manner
+far distant Nations are used by the _Romans_, you have no more to do,
+but to look at our neighbouring _Gallia_, now reduced into the Form of a
+Province: Which having its Laws and Customs chang'd, and being subjected
+to the Power of the _Axes_, is oppress'd with perpetual Slavery."
+
+We are to understand, there were three kinds of Servitude, or Slavery.
+First, _To have a Garison of Soldiers imposed upon them, to keep them in
+Awe_; yet such Provinces as seemed peaceable and quiet, had no great
+Armies maintained in them. For _Josephus_ writes in his 2d Book of the
+Hist. of the _Jews_, "That in the Emperor _Titus's_ time, the _Romans_
+had but 1200 Soldiers in Garison in all _Gaul_, altho'" (says he) "they
+had fought with the _Romans_ for their Liberty, almost 800 Years, and
+had near as many Cities, as the _Romans_ had Garison-Soldiers." A Second
+Sort of Servitude was, when any Province was made Tributary, and
+compelled to pay Taxes; and to that End were forced to endure a Number
+of Tax-gatherers, that is, _Harpies_ and _Leeches_, which suck'd out the
+very Blood of the _Provincials_. _Eutropius_ tells us, in his 6th Book,
+That _Caesar_, as soon as he had subdued _Gaul_, impos'd a Tax upon it,
+by the Name of a Tribute, which amounted to _H. S. Quadringenties:_
+which is about a Million of our Crowns. A Third Sort of Servitude was,
+when the Provinces were not permitted to be govern'd by their _own
+Laws_; but had Magistrates and Judges, with full Power and Authority
+(_cum imperio & securibus_) over Life and Estate, sent them by the
+People of _Rome_. This Threefold Slavery not only our _Gallia_, but all
+the other Provinces, took most bitterly to heart; and therefore in
+_Tiberius's_ Reign, not long after _Caesar's_ Conquest, _Tacitus_ tells
+us, That the Cities of _Gaul_ rebell'd, because of the Continuance of
+Taxes, the Extortions of Usurers, and Insolence of the Soldiery. And
+afterwards in _Nero's_ Reign, _Suetonius_ writes, "That the _Gauls_
+being weary of his Tyranny, revolted. The World" (says he) "having for
+near 13 Years, endured such a Sort of Prince, at last shook him off: The
+_Gauls_ beginning the Defection." Now all _Gallia_ was divided by the
+_Romans_ into 16 Provinces, _viz. Viennensis, Narbonensis prima,
+Narbonensis secunda, Aquitania prima, Aquitania secunda, Novempopulana,
+Alpes maritimae, Belgica prima, Belgica secunda, Germania prima,
+Germania secunda, Lugdunensis prima, Lugdunensis secunda, Lugdunensis
+tertia, Maxima Sequanorum, & Alpes Graecas_, as _Antoninus_ in his
+_Itinerary_, and _Sextus Rufus_, give an Account of them. But _Ammianus
+Marcellinus_ treats of them more particularly.
+
+But to return to what we were speaking of: 'Tis not to be imagined how
+grievously, and with what Indignation the _Gauls_ bore the Indecencies
+and Plunderings of the _Romans_; nor how frequently they revolted upon
+that Account and because they were not strong enough of themselves to
+shake off the _Roman_ Tyranny, 'twas common Custom with them, to hire
+_German_ Auxiliaries. These were the first beginnings of the Colonies of
+the _Franks_; For those _Germans_, whether they were beaten by the
+_Romans_, or (which is more likely) were bought off by them, began by
+little and little, to settle themselves in the borders of _Gallia_. This
+gave to _Suetonius_, in his Life of _Augustus_, to say,--"He drove the
+_Germans_ beyond the River _Elb_; but the _Suevi_ and _Sicambri_
+(submitting themselves); he transplanted into _Gallia_ where he assign'd
+them Lands near the river _Rhine_."--Also in his Life of _Therius_,--"He
+brought (says he) forty thousand of those that had surrendred themselves
+in the _German_ War, over into _Gallia_, and allotted them Settlements
+upon the Banks of the _Rhine_."--Neither must we omit what _Flavius
+Vepiseus_ records, concerning the Reign of _Probus_ the Emperor; in
+whose time almost all _Gallia_, that is, sixty Cities, revolted from the
+_Romans_; and with common Consent, took up Arms for the Recovery of'
+their Liberty:--"Having done these things (says he) he march'd with a
+vast Army into _Gaul_, which after _Posthumus's_ Death was all in
+Commotion, and when _Aurelianus_ was kill'd, was In a Manner possessed
+by the _Germans_; there he gain'd so many Victories, that he recover'd
+from the _Barbarians_ sixty of the most noble Cities of _Gallia_: And
+whereas they had overspread all _Gallia_ without Controul, he slew near
+four hundred thousand of those that had seated themselves within the
+_Roman_ Territories, and transplanted the Remainders of them beyond the
+Rivers _Neckar_, and _Elb_."
+
+But how cruel and inhuman the Domination of the _Romans_ was in
+_Gallia_: How intolerable their Exactions were: What horrible and wicked
+Lives they led; and with how great Inveteracy and Bitterness they were
+hated upon that Account by the _Gauls_, (especially by the _Christians_)
+may best be learn'd from the Works of _Salvianus_, Bishop of
+_Marseilles_, which treat of Providence: Therefore 'tis incredible to
+tell, what Multitudes of _Germans_ pour'd themselves into _Gallia_; the
+_Gauls_ not only not hindring, but even favouring and calling them in.
+_Latinus Pacatus_, in his Speech to _Theodesius_, has this Passage;
+"From whence shou'd I begin my Discourse, but from thy Mischiefs, O
+_Gallia_! who may'st justly challenge a Superiority in Sufferings, above
+all the Nations of the Earth, that have been vexed with this
+Plague?"--Now 'tis most plain both from _Sidonius Apollinaris_, and
+especially from the above-mentioned _Salvianus_, in many Places of his
+Writings, that our _Franks_ were a Part of those _German_ Nations, who
+thus entred into _Gallia_.
+
+       *       *       *       *       *
+
+
+
+CHAP. IV.
+
+    _Of the Original of the_ Franks; _who having possessed
+    themselves of_ Gallia, _changed its Name, into that of_
+    Francia, _or_ Francogallia.
+
+
+The Order of our Discourse requires, that we should now enquire into the
+Original of the _Franks_, and trace them from their first Habitations,
+or (as it were) their very Cradles: In which Disquisition 'tis very much
+to be admired, that no mention has been made of them by _Ptolomy_,
+_Strabo_, or even by _Tacitus_ himself, who of all Writers was most
+accurate in describing the Names and Situations of all the _German_
+Nations: and 'tis plain, the _Franks_ were a _German_ People, who
+possessed most part of _Europe_ for many Years, with great Reputation;
+of which we will quote but a few Instances out of many.
+
+First, _Joannes Nauclerus_ says thus,--"_Charles_ the Great was call'd
+_King_ of the _Franks_; which is as much as to say, _King_ of _Germany_
+and _France_." Now 'tis demonstrable, that at that time all _Gallia
+Transalpina_, and all _Germany_ from the _Pyrenaeen_ Mountains, as far as
+_Hungary_, was called _Francia_: This last was called _Eastern France_,
+the former _Western France_; and in this all true Historians agree.
+
+_Eguinarthus_, in his Life of _Charlemain_, says,--"The Banks of the
+River _Sala_, which divides the _Taringi_ from the _Sorabi_, were
+afterwards inhabited by those called the _Eastern Franks_." _Otto
+Frising._ _Chron._ 5. _cap._ 4. speaking of King _Dagaber_'s Reign, "The
+Bounds of the _Franks_ Dominions reach'd now (says he) from _Spain_, as
+far as _Hungary_, being two most noble Dukedoms, _Aquitania_ and
+_Bavaria_";--but much more at large, _lib._ 6. _cap._ 17. And after him
+_Godfrey_ of _Viterbo_, in his _Chronic. part. 17. sub Anno_ 881,
+"_Arnulphus_ (says he) ruled all _Eastern Francia_, which is now called
+the _Teutonick_ Kingdom, or _Germany_; that is to say, _Bavaria, Suabia,
+Saxonia, Turingia, Frisia_ and _Lotharingia_; but _Odo_ was king of
+_Western France_." Again, _sub Anno_ 913. "It is apparent by the
+Authority of many Writers, that the Kingdom of _Germany_, which the
+Emperor _Frederick_ at present holds, is part of the Kingdom of the
+_Franks_; for there (on both sides of the _Rhine_) the first _Franks_
+were seated; which as far as to the Limits of _Bavaria_, is now called
+_Eastern France_: But _Western France_ is that Kingdom which lies on
+both Sides the Rivers _Seine_ and _Loire_"--And again he says, "In the
+time of _Charles_ the Great, King of the _Franks_, all _Gallia_, that is,
+_Celtica, Belgica_, and _Lugdunensis_ and all _Germany_ which reaches
+from the _Rhine_ as far as _Dalmatia_, made but one Kingdom;
+which was called _Francia_"--Almost all which Quotations have been taken
+out of _Otto_, as I said before. 'Tis to be noted, that _Rhegino_ writes
+thus, in _Chron. anni_ 577.--"After the Death of King _Pipin_, _Lewis_
+his Son (who had been present at his Father's Decease and celebrated his
+Funerals) kept his Residence at _Francfort_, the principal Seat of the
+_Eastern Kingdom_." _Luitprandus Ticinensis says_, _lib. 1. cap._ 6.--"It
+was order'd that _Wido_ shou'd have for his Share, that which Men call
+the _Roman France_, and _Berengarius_ shou'd have Italy." And a little
+after,--"When he had march'd thro' the Territories of the _Burgundians_,
+he purposed to enter _Roman France_, &c." Now it was call'd _Roman
+France_, first, because the _Franks_ had possessed themselves of that
+_Gallia_, which was under the _Roman_ Obedience. Secondly, because the
+_Roman_ Language prevail'd in that Country, as we formerly told you:
+Whence arose the Saying, _Loqui Romanum_, of such as used not the
+_German_ or _Frank_; but the _Latin_ Tongue. Otto Frisingius, _chron._ 4.
+_cap. penult._ says,--"It seems to me, that those _Franks_ who dwell in
+_Gallia_, borrowed the Language, which they make use of to this Day,
+from the _Romans_; for the others who stay'd about the _Rhine_, and in
+_Germany_ use the _Teutonick_ Tongue."--And in Imitation of him,
+_Godfridus_, part. 17. cap. 1.--"The _Franks_ (says he) seem to me to
+have learn'd the Language which they make use of to this Day, from the
+_Romans_, who formerly dwelt in those Parts."--From all these 'tis
+apparent, that the Reputation and Power of the _Franks_ was
+extraordinary great; as 'twas fitting for such as were Masters of a
+great Part of _Europe_.
+
+Moreover we find, that those _Germans_ which were transplanted by the
+Emperor _Frederick_ the IId, into the Kingdoms of _Naples_ and _Sicily_,
+and establish'd there as a presidiary Colony, were called _Franks_.
+_Petrus de Vineis, lib. epist. 6. cap. 25._ [Footnote: These are only
+broken pieces of Sentences, to prove, that the _Germans_ (establish'd in
+_Naples_ and _Sicily_) were called, and actually were _Franks_.]
+--"_Following (says he) the Law and Custom of the_ Franks, _in this
+Instance, that the Eldest Brother to the Exclusion of all the Younger
+succeeds, even in the Camp it self._" Imp. Freder. 2. Neapol. constit.
+lib. 2. tit. 32. speaking of those _Franks, "who upon Occasion trusted
+the Fortune of their Lives, and of all their Estates, to the Event of a
+Duel, or single Combat_." And again,--"_The aforesaid manner of Proof,
+which all who observe the Rites of the_ Franks _made use of_"--. Also
+_lib. 2. tit. 33_.--"_which Law, our Will is, shall in all Causes be
+common both to the_ Franks _and_ Longobards."
+
+Matters being thus plain, 'tis strange that _Gregory_ Bishop of _Tours_
+(who writ concerning the Original of the _Franks_ 800 Years ago) shou'd
+say, in the first Part of his History, That altho' he had made diligent
+Enquiry about the Rise and Beginning of the _Franks_, he could find
+nothing certain: notwithstanding he had seen an ancient Book of a
+certain Historian of theirs, called, _Salpitius Alexander_; who affirms
+nothing, either of their first Habitations, or the Beginnings of their
+Domination.
+
+But we have found out, that these People originally came from that
+Country which lies between the _Rhine_ and the _Elb_, and is bounded on
+the _West_ by the Sea, almost in the same Tract where the greater and
+the lesser _Chauci_ dwelt. "A People (says _Tacitus_) the most noble
+among all the _Germans_, who founded their Greatness and maintained it
+by Justice." These were next Neighbours to the _Batavians_; for 'tis
+agreed on all Hands, that the _Franks_ had their first Seats near the
+Sea-shore, in very marshy Grounds; and were the most skilful People in
+Navigation, and Sea-fights, known at that time: Whereof we have the
+following Testimonies. First, in _Claudian_, who congratulating
+_Stilicon's_ Victory, writes thus;
+
+--_Ut jam trans fluvium non indignante_ Chayco
+  _Paseat_ Belga _pecus, mediumque ingressa per_ Albin
+  Gallica Francorum _montes armenta pererrent_.
+
+In which Place he makes use of a Poetical License, and calls those
+People _Chayci_, which the Geographers call _Chauci_. Now that they were
+seated near the Sea, that Panegyrical Oration made to _Constantine_ the
+Great, is a Testimony: "_Quid loquar rursus_, &c. What should I speak
+more of those remote Nations of the _Franks_, transplanted not from
+Places which the _Romans_ of old invaded; but plucked from their very
+original Habitations, and their _farthest Barbarous Shores_, to be
+planted in the waste Places of _Gallia_; where with their Husbandry,
+they may help the _Roman_ Empire in time of Peace; and with their
+Bodies, supply its Armies in time of War--." And in another Panegyrick,
+by _Eumenius_ the Rhetorician, we find this Passage, "_Aut haec ipsa_,
+&c. Or this Country, which was once overspread with the Fierceness of
+the _Franks_, more than if the Waters of their Rivers, _or their Sea_,
+had cover'd it;" but now ceases to be barbarous, and is civilized. To
+the same Purpose is _Procopius_ Testimony, in his first Book of the
+_Gothick War_; for where he describes the place where the _Rhine_ falls
+into the Ocean; "In these Parts (says he) there are great Marshes, where
+of old the _Germans_ dwelt; a barbarous People, and at that time of
+small Reputation, which now are called _Franks_--." And _Zonaras_, in
+the 3d Tome of his _Annals_, quotes this very Passage of _Procopius_.
+Also _Flavius Vopiscus_, in his Life of _Probus_, tells us, That the
+_Franks_ were discomfited by _Probus_ in their inaccessible
+Marshes.--_Testes sunt Franci inviis strati paludibus._ Also _Sidonius
+Apollinaris_ says thus;
+
+   "_Francorum & penitissimas paludes,
+    Intrares venerantibus Sicambris._"
+
+Now what we have said concerning the Neighbourhood of the _Franks_ to
+the _Chauci_, may be plainly proved by comparing of Places, and the
+Descriptions of their particular Seats. Those of the _Chauci_ are
+described by _Pliny_, _lib._ 16. _cap._ 1. Those of the _Franks_ by the
+_Rhetorician Panegyrist_, above mentioned: For _Pliny_ says thus, "We
+have seen in the _Northern_ parts the Nations of the _Chauci_, called
+_Majores & Minores_, where twice every 24 Hours the Ocean is forcibly
+driven in a great way over the Land; thro' a vast Passage which is
+there, making it a perpetual Controversy of Nature; and a Doubt, whether
+it ought to be reckon'd part of the Land or of the Sea."
+
+The Panegyrist speaks in these Terms, "_--Quanquam illa Regio_, &c. When
+thy noble Expeditions, O _Caesar_, have proceeded so far, as to clear and
+conquer that Country, which the _Rhine_ runs through, with his cunning
+Maeanders or Windings, [_Meatibus callidis_, for so it must be read, and
+not _Scaldis_, as in some Copies,] and embraces in his Arms a Region,
+which I can scarce call Land; 'tis so soak'd with Water, that not only
+the Marshy part of it gives way, but even that which seems more firm,
+shakes when trod upon, and trembles at a Distance under the Weight of
+the Foot."
+
+We think therefore we have made it plain from what _Seats_ the Nation of
+the _Franks_ first came into _Gallia_; that is to say, from that marshy
+Country which lies upon the _Ocean_, between the Rivers _Elb_ and _Rhine_:
+which may be further confirm'd by this Argument. That the _Franks_ were
+very well skill'd in maritime affairs, and sail'd far and near all about
+those Coasts; For so says _Eutropius_, _lib._ 9. where he gives a short
+History of the Emperor _Galienus_. "After this time, when _Carausius_
+had in charge to scour the Sea-coasts of _Belgia_ and _Armorica_, then
+infested by the _Franks_ and _Saxons_, &c." The very same thing _Paulus
+Orosius_ mentions, _lib._ 7. Also what the _Panegyrist_, before cited,
+says in a certain Place, has Reference to this.--"The _Franks_ (says he)
+are cruel above all others; the tide of whose warlike Fury surmounting
+that of their very Ocean it self, carried them to the Sea-coasts of
+_Spain_, which they very much infested with their Depredations." And
+therefore the Emperor _Justinian_, when he explains to the _General
+Governor_ of _Africk_ the duty of his Office, makes mention of those
+_Franks_ which were seated in a certain part of _Gallia_, bordering upon
+_Spain_.
+
+But we find a very memorable Passage; which highly sets forth the great
+Glory of their war-like Atchievements, in another place of that
+Panegyrick; _viz._ That a small Body of _Franks_, which _Probus_, the
+Emperor had overcome and carried captive into _Pontus_, seiz'd on some
+Ships, wandred all about the Sea-coasts of _Graecia_ and _Asia_, invaded
+_Sicily_, took _Syracusa_, and afterwards laden with Booty, return'd
+into the Ocean thro' the _Streights_ of _Gibraltar_. "Recursabat in
+animos sub _Divo Probo_ & paucorum ex _Francis_ Captivorum incredibilis
+audacia, & indigna foelicitas: qui a Ponto usque correptis navibus,
+Graeciam Asiamque populati, nec impune plerisque Lybiae littoribus
+appulsi, ipsas postremo navalibus quondam victoriis nobiles ceperant
+Syracusas: & immenso itinere permensi, Oceanum, qua terras rupit
+intraverant: atque ita eventu temeritatis, offenderant, nihil esse
+clausum piraticae desperationi quo navigiis pateret accessus."
+
+And, as farther Arguments of what I have been proving, may be added all
+those Places in several Authors, which inform us that the Habitations of
+the _Franks_ were Bordering upon the _Batavians_. The same
+_Rhetorician_, in his Speeches to _Maximianus_ and _Constantine_,
+says,--"Many thousand _Franks_, who had crossed the _Rhine_, and invaded
+_Batavia_, with other Countries on this Side, were slain, driven out, or
+carried away captive."
+
+Besides there is a notable Instance in _Corn. Tacitus_, lib. 20. where
+speaking of the Neighbourhood of _Frisia_ and _Batavia_ to each other,
+he mixes the _Caninesates_ among them, whose Custom in Electing their
+Kings was, (as I shall hereafter shew) the very same with that of the
+Franks.--"Ambassadors (says he) were sent to the _Caninesates_, to
+persuade them to enter into the Confederacy: That People inhabit one
+part of the Island, equal as to their Descent, Laws and Valour, to the
+_Batavians_; but inferior in Number.--And again--_Brinnio_ being set
+upon a Shield (according to the Custom of the Country) and hoisted up on
+Men's Shoulders, was chosen their Commander." Which Words will prove of
+no small Authority for us, when we come hereafter to that Part of the
+Controversy.
+
+The Case being so; I cannot forbear wondring at the Opinion of the
+Learned _Andreas Tarnebus_, who despising the Authority of so many grave
+and ancient Writers, says, that he thinks the _Franks_ were originally
+of _Scandinavia_: because in _Ptolomy_ he finds the _Phirassi_ seated in
+that Peninsula, which Word he will needs suppose to be corrupted; and
+that, instead of it, the Word _Franci_ ought to be there: but brings no
+Reason for his Opinion more than his own mere guess, tho' this Opinion
+differs manifestly from all other ancient Authors.
+
+As to all those who are pleas'd with Fables, and have deduced the
+Original of the _Franks_ from the _Trojans_, and from one _Francion_, a
+Son of _Priam_, we can only say, that they furnish Materials for _Poets_
+rather than _Historians_: And among such, _William Bellay_ deserves the
+first Place; who, tho' he was a Person of singular Learning and
+extraordinary Ingenuity; yet in his Book, which treats of the
+Antiquities of _Gallia_ and _France_, seems rather to have design'd a
+_Romance_, like that of _Amadis_, than a true History of the
+_Francogallican_ Affairs.
+
+       *       *       *       *       *
+
+
+
+CHAP. V.
+
+    _Of the Name of the_ Franks, _and their sundry Excursions;
+    and what time they first began to establish a Kingdom in_
+    Gallia.
+
+
+But I think it requisite that we should enquire a little more carefully
+into this Name of _Franks_; which, as we told you before, is not to be
+found in any of the ancient Descriptions of _Germany_. That I may no
+longer detain the Reader in Suspence, it must needs be, that either the
+Nation of the _Franks_, by which such mighty things were done, was at
+first very obscure and mean, (as we see in _Switz_, an ordinary Village)
+yet because the first beginning of the Liberty of those Countries
+proceeded from thence, gave the name of _Switzers_ to all the rest of
+the _Cantons_: Or (which seems to me most probable) this Appellation had
+its Original from the Occasion; _viz._ When those that set up for the
+prime Leaders and Beginners, in recovering the publick Liberty, called
+themselves _Franks_; by which name the _Germans_ understood such as were
+_Free_, and under no Servitude; as the Writers of that Nation do
+unanimously hold: And therefore in ordinary Speech, by a _Frank_ was
+meant a _Freeman_, by a _Franchise_, an _Asylum_, or Place of Refuge;
+and _Francisare_ signified to restore to liberty and freedom. The first
+Proof we shall give of this, is, what _Procopius_ in his first Book of
+the Gothick Wars relates. The _Franks_ (says he) were anciently by a
+general name call'd _Germans_; but after they exceeded their Limits,
+they obtain'd the name of _Franks_: Of the same Opinion I find _Gregory
+of Tours_, the _Abbot_ of _Ursperg_; _Sigibertus_ and _Ado_ of _Vienne_,
+and _Godfrey_ of _Viterbo_ to have been, _viz._ That they had the Name
+of _Franks_ from their _freedom_, and from their _ferocity_, (alluding
+to the sound, of the words _Francos Feroces_), because they refused to
+serve as Soldier under _Valentinian_ the Emperor, and to pay Tribute as
+other Nations did. A second Proof may be that of _Cornelius Tacitus_,
+who in his 20th Book, speaking of the _Caninesates_, whom we have
+formerly demonstrated to have been the very-next Neighbours, if not the
+true _Franks_ themselves, and, of their Victory over the _Romans_, he
+has this expression: _Clara ea victoria, &c._ "That Victory (says he) was
+of great Reputation to them immediately after it, and of great Profit in
+the Sequel; for having by that Means got both Weapons and Ships into
+their Possession, which before they were in great want of; their Fame
+was spread over all _Germany_ and _Gaul_, as being the first beginners
+of liberty;" _Libertatis Auctores celebrabantur._ For the _Germans_
+thereupon sent Ambassadors, offering their Assistance. May the _Omen_
+prove lucky! and may the _Franks_ truly and properly deserve that name;
+who after having shaken off that Yoke of _Slavery_, imposed upon them by
+_Tyrants_, have thought fit to preserve to themselves a commendable
+_liberty_ even under the Domination of _Kings_: _For to obey a King is
+not servitude_: neither are all who are govern'd by Kings, presently for
+that Reason to be counted _Slaves_, but such as submit themselves to the
+unbounded Will of a _Tyrant_, a _Thief_, and _Executioner_, as Sheep
+resign themselves to the Knife of the Butcher. Such as these deserve to
+be called by the vile names of _Servants_ and _Slaves_.
+
+Therefore the _Franks_ had always _Kings_, even at that very time when
+they profess'd themselves the _vindicators_ and _assertors_ of the
+_publick liberty_: And when they constituted _Kings_, they never
+intended they shou'd be _Tyrants_ or _Executioners_, but _keepers_ of
+their _Liberties, Protectors, Governors_ and _Tutors_. Such, in short,
+as we shall describe hereafter, when we come to give an Account of the
+_Francogallican_ Government.
+
+For, as to what a certain, foolish and ignorant _Monk_, called _John
+Turpin_, has wrote (in his Life, or rather Romance of _Charlemagn_)
+concerning the Origins of the Word _Frank_, viz. That whoever
+contributed Money towards the Building of St. _Denis's Church_, should
+be called _Francus_, that is, a freeman, is not worthy of being
+remembred, no more than all the rest of his trifling Works; stuft'd full
+of old Wives Tales, and meer Impertinencies.
+
+But this may be truly affirm'd, that this name of _Franks_, or (as
+_Corn. Tacitus_ interprets it) _Authors_ of _Liberty_, was an _Omen_ so
+lucky and fortunate to them, that through it they gain'd almost
+innumerable Victories. For after the _Franks_ had quitted their ancient
+Seats upon that glorious Design, they deliver'd not only _Germany_,
+their common Country, but also _France_ from the Tyranny and Oppression
+of the _Romans_; and at last (crossing the _Alps_) even a great part of
+_Italy_ itself.
+
+The first mention made of this illustrious name, we find in _Trebellius
+Pollios_ Life of the Emperor _Gallienus_, about the 260th Year after
+_Christ_. His Words are these: "Cum, &c. Whilst _Gallienus_ spent his
+time in nothing but Gluttony and shameful Practices, and govern'd the
+Commonwealth after so ridiculous a manner, that it was like Boys play,
+when they set up Kings in jest among themselves; the _Gauls_, who
+naturally hate luxurious Princes, elected _Posthumus_ for their Emperor,
+who at that time was _Gallienus's_ Lieutenant in _Gaul_ with imperial
+Authority. Gallienus thereupon commenced a War with _Posthumus_; and
+_Posthumus_ being assisted by many Auxiliaries, both of the _Celtae_ and
+the _Franks_, took the Field along with _Victorinus_--." By which Words
+we may plainly perceive, that the _Gauls_ crav'd the Assistance of the
+_Franks_; that is, of these _Authors_ or _Beginners of liberty_, to
+enable them to shake off the Tyrant _Gallienus's_ Yoke: Which same thing
+_Zonaras_ hints at in his Life of _Gallienus_, when he says, [Greek:
+epolemise de phrangois], &c.--We find another mention made of the same
+People in _Flavius Vopiscus's_ Life of _Aurelian_, in these Words:--"At
+Mentz the Tribune of the 6th Legion discomfited the _Franks_, who had
+made Incursions, and overspread all _Gallia_; he slew 700, and sold 300
+Captives for Slaves."--For you must not expect that our _Franks_, any
+more than other Nations in their Wars, were constantly victorious, and
+crown'd with Success. On the contrary, we read that _Constantine_,
+afterwards call'd the _Great_, took Prisoners two of their Kings, and
+exposed them to the Wild Beasts at the publick shews. Which Story both
+_Eutropius_ in his 9th Book, and the _Rhetorician_ in that Panegyrick so
+often quoted, make mention of.
+
+And because the same _Rhetorician_ in another place speaks of those Wars
+in the Confines of the _Batavi_, which we have shewn not to be far
+distant from the _Franks_, I will set down his Words at Length. _Multa
+Francorum millia, &c._ "He slew, drove out, and took Prisoners many
+thousand _Franks_, who had invaded _Batavia_, and other Territories on
+this side the _Rhine_." And in another Place says, "He clear'd the
+Country of the _Batavians_, which had before been possess'd by several
+Nations and Kings of the _Franks_; and not satisfied with only
+overcoming them, he transplanted them into the _Roman_ Territories, and
+forced them to lay aside their Fierceness as well as their Weapons."
+From which place we are given to understand, not obscurely, that
+_Constantine_, (being constrain'd to do so by the _Franks_) granted them
+Lands within the Bounds of the _Roman_ Empire. _Ammianus_, lib. 15.
+writes, that the _Franks_, during the Civil Wars between _Constantine_
+and _Licinius_, sided with _Constantine_, and fought very valiantly for
+him. And in other places of the same Book he records, that during the
+Reign of _Constantine_, the Son of _Constantine_, great numbers of
+_Franks_ were at that _Court_ in high favour and authority, with
+_Caesar_. "Afterwards, says he, _Malarichus_ on a sudden got power,
+having gained the _Franks_; whereof at that time great numbers
+flourish'd at Court."--During the Reign of _Julian_, call'd the
+_Apostate_, the same _Franks_ endeavour'd to restore the City of
+_Cologne_ (which was grievously oppress'd by _Roman_ Slavery) to its
+liberty: and forced it, after a long Siege, to surrender thro' Famine;
+as the same _Ammianus_ tells us, _lib._ 12. And because one Band of
+those _Franks_ fix'd their Habitations upon the Banks of the River
+_Sala_, they were thereupon called _Salii_; concerning whom he writes in
+the same Book,--"Having prepar'd there things, he first of all march'd
+towards the _Franks_; I mean those _Franks_ which were commonly called
+_Salii_, who had formerly with great boldness fix'd their Habitations
+within the _Roman_ Territories, near a place called _Toxiandria_."
+Again, in his 20th Book he makes mention of that Country possess'd by
+the _Franks_ beyond the _Rhine_, and called _Francia_.--"Having on a
+sudden pass'd the _Rhine_, he enter'd the Country of those _Franks_
+called _Attuarii_, a turbulent sort of People, who at that time made
+great Havock on the Frontiers of _Gallia_."--And in his 30th Book, where
+he speaks of King _Macrianus_, with whom _Valentinian_ the Emperor had
+lately made a Peace on the Banks of the _Rhine_, in the Territory of
+_Mentz_,--"He died, says he, in _Francia_, whilst he was utterly wasting
+with Fire and Sword all before him, being kill'd in an Ambush laid for
+him by that valiant King _Mellobandes_." Now of this _Mellobandes_, King
+of the _Franks_, the same Author in his following Book gives this
+Character; "That he was brave and valiant, and upon the score of his
+Military Virtue constituted great Master of the Houshold by the Emperor
+_Gratianus_, and Lieutenant-General (in conjunction with _Nannienus_) of
+that Army which was sent against the _Lentiates_, a People of
+_Germany_." Afterwards, by virtue of a Treaty concluded between the
+_Franks_ and the Emperor _Honorius_, they defended the Frontiers of the
+_Roman Gallia_ against _Stilicon_: For _Orosius_ tells us in his last
+Book, "That the Nations of the _Alani_, _Suevi_ and _Vandali_, being
+(together with many others) encouraged by _Stilicon_; pass'd the
+_Rhine_, wasted the Territories of the _Franks_, and invaded _Gallia_."
+
+After the Emperor _Honorius_'s time, we have very little in History
+extant concerning the _Frank_'s Warlike Deeds. For to those Times must
+be apply'd what St. _Ambrose_ writes in his Letter (the 29th) to
+_Theodesius_ the Emperor: That the _Franks_ both in _Sicily_ and many
+other Places, had overthrown _Maximus_ the _Roman_ General. "He (says
+he, speaking of _Maximus_) was presently beaten by the _Franks_ and
+_Saxons_ in all places of the Earth." But in the Reign of _Valentinian_
+the 3d, that is, about the 450th Year of _Christ_, 'tis plain, by the
+consent of all Writers, that _Childeric_, the Son of _Meroveus_, King of
+the _Franks_, compleated the Deliverance of _Gallia_ from the _Roman_
+Tyranny, after a continued Struggle of more than 200 Years; and was the
+first that established in _Gallia_ a firm and certain Seat of Empire:
+For altho' some reckon _Pharamond_ and _Clodio-crinitus_ as the first
+Kings of the _Franks_, yet without doubt there were many before them,
+who (like them) had cross'd the _Rhine_, and made Irruptions into
+_Gallia_: but none had been able to settle any peaceable Dominion within
+the Limits of _Gallia_. Now _Meroveus_, who is commonly reckon'd the 3d
+King; tho' he was indeed King of the _Franks_, yet he was a Stranger and
+a Foreigner, not created King in _Gallia_, not King of the
+_Francogalli_; that is to say, not elected by the joint Suffrages of
+both Nations united: In short, all these were Kings of the _Franci_, and
+not of the _Francogalli_. But _Childeric_, the Son of _Meroveus_, was
+(as we said before) the first that was elected by the publick Council of
+the associated _Franks_ and _Gauls_, and he was created King; of
+_Francogallia_ presently after his Father _Meroveus_ had been kill'd in
+a Battel against _Attila_, during the Reign of _Valentinian_ the Third,
+a dissolute and profligate Prince. At which time the _Angli_ and _Scoti_
+took Possession of _Great Britain_; the _Burgundians_ of _Burgundy,
+Savoy and Dauphine_; the _Goths_ of _Aquitain_: the _Vandals_ of
+_Africk_ and _Italy_, nay of _Rome_ it self; the _Hanni_ under their
+Leader _Attila_ wasted _Gallia_ with Fire and Sword. This _Attila_ having
+an Army of about Five hundred thousand Men, over-ran all _Gallia_ as far
+as _Thoulouse_. _AEtius_ was at that time Governor of _Gallia_, who
+fearing the Power of _Attila_, made a League with the _Goths_, and by
+their assistance defeated _Attila_ in a Battel; wherein, 'tis said, they
+slew no fewer than a Hundred and eighty thousand Men. But the Conqueror
+_AEtius_ being suspected by _Valentinian_ of aspiring to the Empire, was
+afterwards, by his Command, put to Death; and within a little while
+after, he himself was slain by _Maximus_ before-mention'd.
+
+During these Transactions, _Meroveus_, King of the _Franks_, taking his
+Opportunity, pass'd the _Rhine_, with a great Army; and joyning in
+Confederacy with many Cities, who assisted in the common Cause of the
+publick Liberty, possess'd himself at length of the innermost Cities
+belonging to the _Celtae_, between the _Seine_ and the _Garonne_. He
+being dead, and both Nations (the _Gauls_ and _Franks_) united into one
+Commonwealth; they unanimously elected _Childeric_, the Son of
+_Meroveus_, for their King, placing him upon a Shield according to
+ancient Custom; and carrying him upon their Shoulders thrice round the
+place of Assembly, with great Acclamations of Joy, and universal
+Congratulation, saluted him _King of Francogallia_. Of all which
+particulars, _Sidonius Apollinaris_, _Gregorius Turonensis_, _Otto
+Frising_, _Aimoinus_ and others are Witnesses; whose Testimonies we
+shall further produce, when we come to treat of the Manner of the
+Inauguration of the King.
+
+The Words of the same _Otto_, in the last Chapter but one of his 4th
+Book concerning their taking possession of several Cities, are
+these.--"The _Franks_, after having pass'd the _Rhine_, in the first
+place put to flight the _Romans_, who dwelt thereabouts; afterwards they
+took _Tournay_ and _Cambray_, Cities of _Gallia_; and from thence
+gaining ground, by degrees they subdued _Rheims_, _Soissons_, _Orleans_,
+_Cologne_ and _Triers_." And thus much may briefly be said touching the
+first King of _Francogallia_. To which we shall only subjoin this
+Remark: [Footnote: Hotoman's _Francogallia_ was written _Anno_ 1573.] _That
+altho' the Francogallican Kingdom_ has lasted from that time to this,
+almost One thousand two hundred Years; yet during so long a space, there
+are but three Families reckon'd to have possess'd the Throne, _viz._ the
+Merovingians; who beginning from Meroveus, continued it to their
+Posterity two hundred eighty three Years. The _Carlovingians_, who
+drawing their Original from _Charles the Great_, enjoy'd it 337 Years:
+And lastly, the _Capevignians_, who being descended from _Hugh Capet_,
+now rule the Kingdom, and have done so for Five hundred and eighty Years
+past.
+
+       *       *       *       *       *
+
+
+
+CHAP. VI.
+
+    _Whether the Kingdom of_ Francogallia _was_ hereditary
+    _or_ elective; _and the manner of making its_ Kings.
+
+
+But here arises a famous Question; the Decision of which will most
+clearly show the Wisdom of our Ancestors.--_Whether the Kingdom of
+Francogallia were Hereditary, or conferr'd by the Choice and Suffrages
+of the People_, That the _German_ Kings were created by the _Suffrages_
+of the _People_. _Cornelius Tacitus_, in his Book _Demoribus Germanorum_,
+proves plainly; and we have shown, that our _Franks_ were a _German_
+People: _Reges ex nobilitate, Duces ex virtute sumunt_; "Their _Kings_
+(says he) they chuse from amongst those that are most eminent for their
+_Nobility_; their _Generals_ out of those _that are Famous for their
+Valour:"_ Which Institution, [Footnote: 1574.] to this very day, the
+_Germans, Danes, Sweeds and Polanders_ do retain. They _elect_ their
+Kings in a _Great Council of the Nation_; the Sons of whom have this
+privilege (as _Tacitus_ has recorded) to be preferr'd to other
+Candidates. I do not know whether any thing cou'd ever have been devised
+more prudently, or more proper for the Conversation of a Commonwealth,
+than this Institution. For so _Plutarch_, in his Life of _Sylla_,
+plainly advises. "Even (says he) as expert Hunters not only endeavour to
+procure a Dog of a right good Breed, but a Dog that is known to be a
+right good Dog himself; or a Horse descended from a generous Sire, but a
+tryed good Horse himself: Even so, those that constitute a Commonwealth,
+are much mistaken if they have more regard to _kindred_, than to the
+_qualification_ of the Prince they are about to set over them."
+
+And that this was the Wisdom of our Predecessors in constituting the
+_Francogallican Kingdom_, we may learn, First, from the last Will and
+Testament of the Emperor _Charlemagn_, publish'd by _Joannes Nauclerus_
+and _Henricus Mutius_; in which there is this Clause--"And if any Son
+shall hereafter be born to any of these, my three Sons, whom the People
+shall be _willing to Elect_ to succeed his Father in the Kingdom; My
+Will is, that his Uncles do consent and suffer the Son of their Brother
+to reign over that portion of the Kingdom which was formerly his
+Father's." Secondly, What _Aimoinus, lib._ I. _cap._ 4. says, of
+_Pharamond_, commonly counted the first King of the _Franks_, in these
+Words.--"The _Franks electing_ for themselves a King, according to the
+custom of other Nations, raised up _Pharamond_ to the Regal Throne." And
+again, _lib._ 4.--"But the Franks took a certain _Clerk_ or _Priest_
+called _Daniel_; and as soon as his Hair was grown, _establish'd_ him in
+the Kingdom, calling him _Chilperic_." And _lib._ 4. _cap._ 67.--"King
+_Pipin_ being dead, his two Sons, _Charles_ and _Carlomannus_, were
+_elected Kings by the consent of all the_ Franks." And in another
+place--"As soon as _Pipin_ was dead, the _Franks_ having appointed a
+solemn _Convention, constituted_ both his Sons Kings over them, upon
+this foregoing condition, that they should divide the whole Kingdom
+equally between them."--And again, after the Death of one of the
+Brothers--"But _Charles_, after his Brother's Decease, was _constituted_
+King by the _consent_ of all the _Franks_." Also, towards the end of his
+History of _Charles the Great_, he says, "The Nobility of the _Franks_
+being solemnly assembled from all parts of the Kingdom; he, in their
+presence, called forth to him _Lewis_ King of _Aquitain_, (the only one
+of _Heldegardis's_ Sons then living) and _by the advice and consent of
+them all_, constituted him his Associate in the whole Kingdom, and Heir
+of the Imperial Dignity." Thus much out of _Aimoinus_.
+
+Many Testimonies of the like nature we find in _Gregorius Turen_ whereof
+we shall cite only these few following, _lib. 2. cap. 12._--"The
+_Franks_ (says he) having _expelled Childeric_; unanimously _elected
+Eudo_ for their King."--Also _lib. 4. cap. 51._--"Then the _Franks_ (who
+once looked towards _Childebert_ the Elder) sent an Embassy to
+_Sigebert_, inviting him to leave _Chilperic_ and come to them, that
+they by _their own Authority_ might make him King."--And a little
+after--"The whole Army was drawn up before him; and having set him upon
+a Shield, _they appointed_ him to be their King."--And in another
+place--"_Sigebert_ agreeing to the _Franks_ Proposals, was placed upon a
+Shield, according to the Custom of that Nation, and proclaimed King; and
+so got the Kingdom from his Bother _Chilperic_"--And presently
+after--"The _Burgundians_ and _Austrasians_ concluded a Peace with the
+_Franks_, and made _Clotharius_ King over them in all the three
+Kingdoms," Which particular the _Abbot_ of _Ursperg_ confirms. "The
+_Burgundians_ (says he) and _Austrasians_ having struck up a Peace with
+the _Franks_, advanced _Clotharius_ to be King and sole Ruler of the
+whole Kingdom."--And in another place--"The _Franks_ appointed one of
+his Brothers, called _Hilderic_, who was already King of the
+_Austrasians_, to be also their King."
+
+To this matter belongs what _Luitprandus Ticinensis_ writes, _lib. i.
+cap. 6._ "And when he was about to enter into that _Francia_ which is
+called _Roman_, (after having cross'd the Countries of the
+_Burgundians_) several Ambassadors of the _Franks_ met him, acquainting
+him that they were returning Home again; because being tired with long
+expectation of his coming, and not able any longer to be without a King,
+they had _unanimously_ Chosen _Odo_ or _Wido_, tho' 'tis reported the
+_Franks_ did not take _Wido_ upon this occasion for their King, &c."
+
+But concerning this _Odo_, the Story is memorable which _Sigibert_
+relates; from whence we may more clearly be inform'd of the manner of
+their _rejecting_ their King's _Son_, and "_setting up_ another in his
+stead." For (_sub anno_ 890.) he says thus "But the _Franks_ neglecting
+_Charles_ the Son of _Lewis the Stammerer_, a Boy scarce ten years old;
+Elected, _Odo_ for their King, who was Son of _Duke Robert_, slain by
+the _Normans_." Also _Otto Frinsing Chronic. lib. 6. cap. 10._ "The
+_Western Franks_ (says he) with the consent of _Arnolphus_, chose for
+their King _Odo_ a valiant Man, and Son of _Robert_."--Also in the
+_Appendix_ to _Gregory_ of _Tours_, lib. 15. cap. 30. "After the Death
+of _Dagobert, Clodoveus_ his Son obtain'd his Father's Kingdom, being at
+that time very young, and all his _Leudes_ (that is, Subjects) _rais'd_
+him to the Throne, _in Villa Masolano_."--Also _Sigebert_, in _chronic.
+anno_ 987.--"_Lewis_ King of the _Franks_ being dead, the _Franks_ had a
+mind to transfer the Kingdom to _Charles_ the Brother of _Lotharius_;
+but whilst he spent too much time, deliberating with his Council
+concerning that Affair, _Hugo_ acquires the Kingdom of the _Franks_,
+&c." There are many Testimonies, of the same Kind in _Ado_, viz. _anno_
+686.--"_Clodoveus_ the King dying, the _Franks_ elect _Clotarius_ his
+Son for their King." And again, "--_Clotarius_ having reigned four
+Years, died, in whose stead the Franks elected _Theodorick_ his
+Brother--." Again, _anno_ 669. "The _Franks_ establish'd in the Kingdom
+a certain Clerk, called _Daniel_, having caused him to quit his Tonsure
+and Orders, and name him _Chilperic_." And again,--"The _Franks_
+appoint, as King over them, _Theodoric_ the Son of _Dagobert_"--. Also
+_Otto Frising_ chron. 6. cap. 13.--"_Otto_ (says he) King of the
+_Franks_ being dead, _Charles_ was created King by unanimous Consent--."
+The Appendix to _Greg. Turon._ _lib._ 11. _cap._ 101. says thus, "When
+_Theodoric_ was dead, the _Franks_ elected _Clodoveus_ his Son, who was
+very young, to be their King." And _cap._ 106. "But the _Franks_ appoint
+one _Chilperick_ to be their King." Also _Godfrey_ of _Viterbo_, _chron.
+part._ 17. _cap._ 4. "--But _Pipin_ in being elected by the _Franks_,
+was declared King by Pope _Zacharias_, _they having thrust their
+cowardly King_ Hilderic _into a Monastery_."
+
+From these Proofs, and very many others like them, I think 'tis most
+plain, that the Kings of _Francogallia_ were made such rather by the
+_Suffrages_ and _Favour_ of the _People_, than by any _Hereditary
+Right_. Of which a farther Argument may be the _Forms_ and _Ceremonies_
+used by our _Ancestors_, at the Inauguration of their _Kings_. For we
+observe, the very same Custom was continued at the _Election_ of our
+Kings, which we told you before out of _Cornelius Tacitus_, was formerly
+practised by the _Caninesates_, (the _Franks_ own Country-men) _viz._
+that they set their _Elected King_ upon a _Shield_, and carried him on
+high on Men's Shoulders. So did we; for whoever was chosen by the Votes
+of the People, was set upon a _Shield_, and carried thrice round the
+place of publick Meeting for _Election_, or round about the Army on
+Men's Shoulders, all the People expressing their joy by Acclamations,
+and clapping of Hands. _Greg. Turen. lib._ 2. where he makes mention of
+King _Clodoveus's_ Election,--"But they (says he) as soon as they heard
+these things, applauding him both with their Hands and Tongues, and
+hoisting him on a Shield, _appointed_ him to be their King--." Also
+_lib._ 7. _cap._ 10. where he speaks of _Gondebaldus_,--"And there (says
+he) placing their King upon a _Shield_, they lifted him up; but 'tis
+reported, that as they were carrying him round the third time, he fell
+down; so that he was scarcely kept from tumbling to the very Ground by
+those that stood about him." Of which Accident _Aimoinus, lib. 3. cap.
+6._ gives us this Account,--"They called forth _Gondebaldus_, and
+according to the Custom of the ancient _Franks_, proclaimed him their
+King, and hoisted him on a Shield; and as they were carrying him the
+third time round the whole Army, of a sudden they fell down with him,
+and could scarce get him up again from the Ground--." The like says
+_Ado. Vien._ AEtat. 6.--_"Sigebertus_ consenting to the _Franks_, was
+placed upon a Shield, according to the _Custom of that Nation_, and
+proclaimed King": And peradventure from hence arose that Form among
+those Writers, who treat of the Creation of a King;--_In Regem elevatus
+est._
+
+But now we come to the third Part of this Controversy, in order to
+understand, how great the _Right and Power of the People_ was, both in
+_making_ and _continuing_ their Kings. And I think it is plainly prov'd
+from all our Annals, that the _highest Power_ of _abdicating_ their
+_Kings_, was lodged in the _People_. The very first that was created
+King of _Francogallia_, is a remarkable instance of his Power. For when
+the People had found him out to be a profligate lewd Person, wasting his
+time in Adulteries and Whoredoms, they removed him from his Dignity by
+universal Consent, and constrain'd him to depart out of the Territories
+of _France_: and this was done, as our Annals testify, in the Year of
+Christ 469. Nay, even _Eudo_, whom they had placed in his stead, abusing
+his Power thro' excessive Pride and Cruelty, was with the like Severity
+_turned out_. Which Fact we find attested by _Gregory of Tours, lib. 2.
+cap. 12. Aimoinus, lib. 1. cap. 7. Godfrey of Viterbo, part. 17. cap. 1.
+Sigibertus, sub annis 461, & 469. "Childeric_ (says _Gregorius_) being
+dissolved in Luxury, when he was King of the _Franks_, and beginning to
+deflower their Daughters, was by his Subjects _cast out of the Throne
+with Indignation_; whereupon he finding they had a Design to kill him,
+fled into _Thoringia_." But the _Abbot of Ursperg_ says, "the People were
+unwilling to kill him, but contented themselves with having _turn'd him
+out, because he was a dissolute Man_, and a Debaucher of his Subjects
+Daughters--." _Sigibertus_ says,--"_Hilderick_ behaving himself
+insolently and luxuriously, the _Franks thrust him out of the Throne_,
+and made _AEgidius_ their King."
+
+And this most glorious and famous Deed of our Ancestors, deserves the
+more diligently to be remark'd, for having been done at the very
+Beginning, and as it were, the Infancy of that Kingdom; as if it had
+been a Denunciation, and Declaration, that the Kings of _Francogallia_
+were made such, upon certain _known terms and Conditions_; and were _not
+Tyrants_ with _absolute unlimited_ and _arbitrary_ Power.
+
+Their Successors also, keeping up the same Custom, in the Year of
+_Christ_ 679, forced _Childeric_, their Eleventh King, to _Abdicate_,
+because he had behaved himself insolently and wickedly in his
+Government. And he having formerly caused a certain Nobleman, called
+_Bodilo_, to be tied to a Stake and whipp'd, without bringing him to a
+Tryal, was a few Days after slain by the same _Bodilo_. Our Authors are
+_Aimoinus, lib. 4. cap. 44_, _Trithemius, anno 678._ and _Sigebertus,
+anno 667_.
+
+The Severity of our Ancestors appear'd in the same Manner a little while
+after, in the Instance of their 12th King _Theodoric_; who being a
+wicked and covetous Prince, "the _Franks_ (says _Aimoinus_) _rose up
+against him_, and _cast him out of the Kingdom_, cutting off his hair by
+_force_," lib. 4. cap. 44.--_Ado_, AEtat. 6. anno 696. but _Sigebertus_
+sub anno 667. imputes a great many of his Crimes to _Ebroinus_ his
+Favourite and chief General. [Footnote: _Praefectus Regius._] "King
+_Theodorick_" (says he) "was _deposed_ by the _Franks_, because of the
+Insolence of _Ebroinus_, and his Brother _Hilderick_ was with unanimous
+Consent _chosen_ King." And _Ado_ says, "The _Franks_ cast _Theodorick_
+out of the Kingdom, shaved _Ebroinus_ in the Monastery of _Lexovium_,
+and afterwards raised _Childerick_ to be King over them." Also the
+Appendix to _Greg. of Tours, lib. II. cap. 64._--"The _Franks_ rise up
+in _Arms_ against _Theodorick, cast him out_ of the Kingdom, and cut off
+his Hair: They shaved also _Ebroinus."_
+
+The like Virtue our Ancestors exerted in the Case of _Chilperick_ their
+18th King, whom they _forced to abdicate the Kingdom_, [Footnote: _Regno se
+abdicare coegerunt._] and made him a Monk, judging him unworthy to sit
+at the Helm of so great an Empire, [Footnote: _Propter inertiam._] _by
+reason of his Sloth._ Whereof _Aimoinus_, lib. 4. cap. 61. _Sigibertus_
+and _Trithemius_, anno 750. and _Godfrey_, Chronic. part. 17. cap. 4.
+are our Witnesses.
+
+Again, a sixth Example of the like Severity is extant in _Charles the
+Gross_ their 25th King; who for the like _Cowardise_, and because he had
+granted away part of _France_ to the _Normans, suffering his Kingdom to
+be dismembred_, was [Footnote: _Ab optimatibus Regni repudiatas._]
+_rejected and turn'd out_ by the _Nobility_ and _Gentry_ of the Kingdom,
+as _Sigebertus_ tells us _anno 890_. Which same thing _Godfridus_
+records, _part. 17._ But more at large _Otto Frising, chron. 6. cap. 9._
+where he adds this memorable Passage,--"This Man (says he) who next to
+_Charles the Great_, had been the King of greatest Power and Authority
+of all the Kings of the Franks, was in a short time reduced to so low a
+Condition, that he wanted Bread to eat, and miserably begged a small
+Allowance from _Arnolphus_, who was _chosen_ King in his stead, and
+thankfully accepted of a poor Pension: From whence we may observe the
+uncertain and miserable State of all Human Greatness; that he who had
+govern'd all the _Eastern_ and _Western_ Kingdoms, together with the
+_Roman_ Empire, shou'd at last be brought down to such a Degree of
+Poverty, as to want even Bread." A Seventh Instance is _Odo_ the 26th
+King, who after he had been elected King in the Room of _Charles_ the
+Son of _Lewis_ the _Stammerer_, was in the 4th Year of his Reign, by the
+_Franks, banish'd_ into _Aquitain_, and commanded to abide there; they
+replacing in his stead the same _Charles_ the Son of _Lewis_. Which Fact
+is recorded by _Sigebertus_, sub anno 894. _Aimoinus_ lib. 5. cap. 42.
+and _Godfridus_ part. 17.
+
+We must add to this Number _Charles_ the 27th King, sirnamed (because of
+his _Dullness_) [Footnote: _Propter Stuporem ingenii._] _Charles_ the
+_Simple_: Who having thro' his Folly suffer'd his Kingdom to run to
+Decay, and lost _Lorrain_ (which he had before recover'd) was _taken and
+cast into Prison_, and _Rodolphus_ was _chosen_ in his place, as
+_Aimoinus, lib. 5. cap. 42._ and _Sigebertus, anno 926._ do testify.
+
+       *       *       *       *       *
+
+
+
+CHAP. VII.
+
+    _What Rule was observ'd concerning the Inheritance of the
+    deceased King, when he left more Children than one._
+
+
+All that we have above said, tends to prove, that the Kingdom of
+_Francogallia_ in old times, did not descend to the Children by _Right
+of Inheritance_ (as a private Patrimony does); but was wont to be
+bestow'd by the _Choice and publick Suffrages of the People_: So that
+now there is the less Room left for the Question,--What Rule was
+observed in Relation to the Children of the deceased King, when he left
+more than one behind him. For since the Supreme Power nor only of
+_Creating_, but also of _dethroning_ their Kings, was lodged in the
+_Convention_ of the _People_, and _Publick Council_ of the Nation; it
+necessarily follows, that the _ordering_ the _Succession_ (whether they
+should give it entirely to one, or divide it) was likewise in the
+_People_. Altho' in this place another Question may arise, _viz._
+supposing the People shou'd _reject_ the Son of their King, and _elect_
+a Stranger, whether any thing should be allowed to the first to maintain
+his Dignity? For the Solution, of which 'tis to be understood, that
+Lawyers reckon four Kinds of such Goods, as may be properly said to be
+under the King's [Footnote: _In Regis ditione._] Governance; _viz._ the
+Goods of _Caesar_, the Goods of the _Exchequer_; the Goods of the
+_Publick_, and _Private_ Goods. The Goods of _Caesar_ are such as belong
+to the _Patrimony_ of every Prince, not as he is _King_, but as he is
+Ludovicus, or _Lotharius_, or _Dagobertus_. Now this Patrimony is called
+by the _Gallican_ Institutions, _The King's Domain_; which cannot be
+alien'd, but by the Consent of the _publick Council_ of the Nation, as
+we shall make it appear hereafter, when we come to treat of the
+Authority of that _Council_. The Goods of the _Exchequer_ are such as
+are given by the _People_, partly to defend the King's Dignity, and
+partly appropriated to the Uses and Exigencies of the _Commonwealth_.
+The Goods of the _Publick_ (as the Lawyers call them) are such as
+inseparably belong to the _Kingdom_ and _Commonwealth_. The _private_
+Goods are reckon'd to be such Estate, Goods and Fortune, as are esteemed
+to belong to every Father of a Family. Therefore upon the Death of any
+King, if the Kingdom be conferr'd on a Stranger, the _Patrimonial_
+Estate, as Lawyers call it, (being what was not in the King's Power to
+alienate) shall descend by Inheritance to his Children: But that which
+belongs to the _Kingdom_ and _Commonwealth_, must necessarily go to him
+who is chosen King, because it is part of the _Kingdom_. Altho' it may
+be reasonable, that Dukedoms, Counties, and such like (by Consent of the
+_publick Convention_ of the People) may be assigned to such Children for
+the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.
+and _Godfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_
+being made King, assigned certain Towns and Villages near the _Loire_,
+to his Brother _Heribert_ for his Maintenance. Which _Aimoinus_
+confirms, _lib._ 4. cap. 17. and further adds, that he made a Bargain
+with him, to live as a private Person, and to expect no more of his
+Father's Kingdom. Also in his 61. _chap._ where he speaks of King
+_Pipin_, "He bestowed (says he) some Counties on his Brother _Grison_,
+according to the _Order_ of the Twelve Peers." And to this belongs what
+_Greg. Turon._ writes, _lib. 7. cap. 32._--"_Gondobaldus_ sent two
+Ambassadors to the King with consecrated Rods in their hands, (that no
+Violence might be offer'd them by any body, according to the Rites of
+the _Franks_) who spoke these Words to the King, _Gondobaldus_ says, he
+is a Son of King _Clotharius_, and has sent us to claim a due Portion of
+his Kingdom."
+
+But to return to the Question, as far as it relates to the Succession of
+the Kingdom; I can find out no certain Rule or Law in _Francogallia_
+touching that Matter; because (as I said before) the Kingdom was not
+hereditary. 'Tis true, that in many _Noble Patrimonies_ there was what
+we call _Fiefs_, Feuda; as _Otto Frising. lib. 2. cap. 29._ observes,
+"'Tis the Custom (says he) in _Burgundy_, which is also in most of the
+other Provinces of _France_, that the Authority of the Paternal
+Inheritance always falls to the Elder Brother, and his Children, whether
+Male or Female; the others looking on him as their Lord--." And that the
+same was practised among the whole Nation of the _Franks, Petrus de
+Vincis_, lib. epist. 6. epist. 25. and in other Places of his Writings,
+sets forth at large. But in the Succession of the Kingdom a different
+Rule was observ'd. For our Records do testify, that in old times the
+Kingdom of _Francogallia_, upon the Death of the King, was very often,
+not bestowed by the People on any one of his Sons, but divided into
+convenient Parcels, and a part assigned to each of them. Therefore when
+_Clodoveus_ the 2d King dyed, _anno_ 515. who left four Sons,
+_Theodorick, Clodoveus, Childebert_, and _Clotharius_, we find the
+Kingdom was thus divided among them; _Theodorick_ had the Kingdom of
+_Metz_ for his Share, _Clodoveus_ that of _Orleans, Clotharius_ that of
+_Soissons_, and _Childebertus_ that of _Paris_, as 'tis recorded by
+_Agathius_, lib. hist. 1. _Greg. Turon._ lib. 3. cap. 1. _Aimoinus_ lib.
+2. cap. 1. _Rhegino_ sub anno 421.
+
+Again, after the Death of _Clotharius_ the 4th King, the Kingdom was
+divided among his four Sons. So that _Cherebertus_ had that of _Paris:
+Guntranus, Orleans: Chilpericus, Soissons:_ and _Sigebertus_ that of
+_Rheims_--, Greg. _lib. 4. cap. 22._ Aimoinus _lib. 3. cap. 1._ Rhegino
+_sub anno_ 498.
+
+On the other hand, _Otto Frising._ chron. 5. cap. 9. and _God. Viterb._
+tell us, That about the Year 630, when _Lotharius_ the 7th King died,
+_Dagobertus_ his Son reigned _singly_ in _France_, and assigned to his
+Brother _Heribert_ some Cities and Villages on the River _Loire_, for
+his Maintenance. For from _Clodoveus_'s Time till now, the Kingdom of
+the _Franks_ was confusedly subdivided among the Sons, and the Sons
+Sons, each of which reigned over the part allotted him.--"The Extent of
+the Kingdom of the _Franks_ reaching now from _Spain_, as far as to
+_Hungary: Dagobert_ being sole King of all the _Franks_, gave Laws to
+the _Bavarians_." So says _Godefridus_, not without good Grounds, as
+many wise Men have thought. For, as _Justin_ tells us, _lib. 21._ "That
+Kingdom will be much more potent, which remains under the Domination of
+one Person, than when 'tis divided among many Brothers."
+
+But after some Years, when the Kingdom of the _Franks_ was excessively
+enlarged on all Sides, and King _Pipin_ was dead, the _General Council_
+of the _Gauls_ changed this Method again. Which serves to confirm what
+we said before; _viz._ That the _whole Power_, relating to that Matter,
+was lodged in that _Council._ For _Eguinarthus_, in his Life of
+_Charlemagn_, writes thus, "--After King _Pipin'_s Death, the _Franks_
+having assembled themselves in a _solemn general Convention_, did there
+_appoint_ both his Sons to be their Kings, upon this Condition, that
+they shou'd equally divide the whole body of the Kingdom between them:
+And that _Charles_ shou'd reign over that part of it, which their Father
+_Pipin_ enjoy'd; and _Carloman_ over the other Part which their _Uncle_
+held."
+
+Also the _Abbot of Ursperg_ says,--"When _Pipin_ was dead, his two Sons
+_Charles_ and _Carloman_, by the _Consent of all the Franks_, were
+created Kings, upon Condition, that they shou'd divide the whole body of
+the Kingdom equally between them.--" The same Method in dividing the
+Kingdom, was practised after the Death of _Charlemagn_, as 'tis manifest
+by his last Will and Testament, recorded by _Johannes Nauclerus_, and
+_Eguinarthus_'s History of his Life. Wherein we find almost all _Europe_
+so divided among his three Sons, that nothing was assigned either as a
+Portion or Dower, to his Daughters; but the marrying and providing for
+them was entirely trusted to the Care and Prudence of their Brothers.
+_Otto Frisingensis_, chron. 6. cap. 6. and _Rhegino_ in chron. anno 877.
+assure us, that the same Manner of dividing the Kingdom was practis'd in
+_East-France_, after the Death of _King Lewis the Stammerer_, in 874.
+Again, some Years after, _anno_ 880. after King _Lewis_ the 23d King's
+Death, the very same way of dividing the Kingdom was made use of; which
+however we are to observe, was _not in_ the _Power_ and _Arbitriment_ of
+_the Kings themselves_; but done by the _Authority_ of the _Publick
+Council_, as we may easily collect from these Words of _Aimoinus_, lib.
+5. cap. 40. "The Sons (says he) of _Lewis_, late King of the _Franks_,
+met at _Amiens_, and divided their Father's Kingdom between them,
+_according to the Direction of their faithful Subjects._"
+
+From all which Arguments 'tis very plain, that anciently there was no
+certain Law or Right of _Francogallia_ touching this Matter; but the
+_whole Power of disposing_ of it was lodged in the _Publick Council_ of
+the Nation. Indeed afterwards in the Reign of _Philip_ the 3d, (the 41st
+King) it was ordained, that certain Lordships might be set out and
+assigned to younger Brothers: But even of this Law there were various
+Interpretations, and many Controversies arose concerning Daughters; so
+that we can deliver nothing for certain in this Affair; only thus much
+we may truly say, That _if the Ancient Institution of our Ancestors
+ought to be our Rule, the Determination of this whole Matter must be
+left to the Publick General Council of the Nation:_ that according to
+the Number of Children, some particular Lordships or Territories, may
+_(by its Authority)_ be assigned for their Maintenance.
+
+       *       *       *       *       *
+
+
+
+CHAP. VIII.
+
+    _Of the_ Salick Law, _and what Right_ Women _had in the
+    King's their Father's Inheritance_.
+
+
+Because we have undertaken to give an Account of the _Law_ and _Right_
+of _Regal Inheritance_, we must not omit making Mention of the _Salick
+Law_; which is both daily discours'd of by our Countrymen, and in the
+Memory of our Forefathers serv'd to appease a great and dangerous
+Contention, which arose touching the Succession to the Crown. For when
+(_Anno_ 1328.) _Charles the Fair_, Son of _Philip the Fair_, died,
+leaving his Wife with Child of a Daughter, (which some Months after was
+born) _Edward King of England_ (Son of _Isabella_, the Daughter of
+_Philip the fair_, and Sister to _Charles_ lately dead) claimed the
+Inheritance of his Grandfather's Kingdom as his Right. But _Philip of
+Valois_, Cousin germain by the Father's Side to the deceased King,
+standing up, alledged that there was an ancient Regal Law, called the
+_Salick Law_, by which _all Women_ were excluded from the Inheritance of
+the Crown. Now this Law both _Gaguinus_ and other Writers of like Stamp
+tell us, was written by _Pharamond_; and he calls it a most famous Law,
+even to his Time. For in his Life of _Philip of Valois_; "The _Salick_
+Law (says he) was a Bar to _Edward_'s Title; which Law being first given
+by _Pharamond_ to the _Franks_, has been religiously observed, even to
+those Days. By that Law, only the Heirs Male of our Kings are capable of
+governing the Kingdom, and no Females can be admitted to that Dignity.
+The Words of that Law are these: _Nulla hereditatis portio de terra
+Salica ad mulierem venito; Let no Part of the Inheritance of_ Salick
+_Land come to a Woman_. Now (says _Gaguinus_) the _French_ Lawyers call
+_Salick_ Land, such as belongs only to the King, and is different from
+the _Alodial_ which concerns the Subjects; to whom, by that Law, is
+granted a free Dominion of any thing, not excluding the Princely
+Authority." And to the same Purpose, not only almost all the
+_Francogallican Historians_, but even all the _Lawyers_ and
+_Pettifoggers_ have wrote to this Day, as _Paponius_ testifies,
+_Arrest._ lib. 4. cap. 1. So that now the mistake has prevailed so far,
+as to have obtain'd the Force of a Law. To explain this, it must be
+remembred (which we formerly gave an Account of) that the _Franks_ had
+two Seats of their Empire, and two Kingdoms; One in _France_, which
+remains to this Day; The other beyond the _Rhine_, near the River
+_Sala_; from whence they were called _Salii_, and _Salici Franci_
+(joyning the two Names together) but for the most part briefly _Salici_;
+the Kingdom of these last, and even their very Name is in a Manner
+extinct. _Ammianus Marcellinus_ makes mention in his History (as we told
+you before) of these _Salii_, and shews, that they are called the
+_Eastern Franks_, as the others were called the _Western_. Now as there
+were two Kingdoms of the _Franks_, so they had different Laws: those
+that belonged to the _Salii_, were called _Salick_; those that belonged
+to the _Francogalli_, were called _French. Eguinarthus_ in his Life of
+_Charles_ the Great says thus:--"After he had assumed the Imperial
+Title, finding that his Peoples Laws were in many Things deficient,
+(_for the_ Franks _have two Laws very different from each other in many
+Cases_,) he thought of adding such as were wanting."--The Author of the
+Preface to the _Salick_ Law has this Passage.--"The renowned Nation of
+the _Franks_, before it was converted to the Catholick Faith, enacted
+the _Salick_ Law by the Great Men of the Nation, who at that Time were
+their Governors; and from among a great many, four Persons were chosen;
+_Wisogast, Arbogast, Salogast_, and _Windogast_; who, during three
+Conventions [_tres mallos_] carefully perusing all Causes from their
+Original, gave their Judgment and Decree of every one of them in this
+Manner, &c.--" _Sigebertus_ in Chron. anni 422. & _Otto Frising_, lib.
+4. cap. penult. make use of almost the same Words. "From that time (say
+they) the Laws recommended to them by _Wisigastaldus_ and _Salogastus_,
+began to be in Force. By this _Salogastus_, they tell us, that Law was
+invented, which from his Name is to this Day called the _Salick_ Law;
+and the most noble of the _Franks_, called _Salici_, observe it at this
+time."--Thus say the old Chronographers. By which we may refute the
+Error of such as derive the _Salick_ Law, _a Sale_, that is, _Prudence_;
+or what is called corruptly _Lex Salica_, instead of _Gallica_; than
+which nothing can be more absurd. But much greater Errors spring from
+the same Fountain: First, That People are so far imposed upon by those
+Authors, as to believe the _Salick_ Law had reference to the _Publick
+Right_ of the _Commonwealth_ and the _Government_, also to the
+_Hereditary Succession_ of the Kingdom. Now the very Records or Tables
+of this _Salick_ Law were not many Years ago found and brought to Light;
+from whose Inscription it appears, that they were first written and
+publish'd about _Pharamond'_s time: Besides, that all the Heads and
+Articles, both of the _Salick_ and _French_ Laws, were Constitutions
+relating only to _private Right_ between Man and Man, and meddled not
+with the _Publick_ Right of the Kingdom or Commonwealth: among the rest,
+one Chapter, _tit. 62._ has this in it.--"Of the _Salick_ Land, no Part
+or Portion of Inheritance passes to a Female; but this falls to the Male
+Off-spring; that is, the Sons shall succeed to the Inheritance: But
+where a Dispute shall arise (after a long Course of Time) among the
+Grandsons and great Grandsons, _de alode terrae_; [Footnote: _Allodium_ is
+the contrary to _Feudum, Gothick_ words, for which 'tis difficult to
+find proper _English_.] let it be divided, _Non per stirpes sed per
+capita."_ The like Law, _Extat apud_ Ripuarios, _tit._ 58. _Item apud_
+Anglos, _tit._ 7. Where they are so far from enacting any thing relating
+to the Inheritances of Kingdoms, that they do not so much as affect
+_Feudal_ Successions, but only belong to _Allodial_; altho' a Portion
+was assigned to Women out of those _Allodial_ Lands. Which Way soever
+this Matter may be, 'tis manifest in the first Place, that altho' no
+Article, either of the _Frank_ or _Salick_ Law were extant, which debars
+Women from the Inheritance of the Crown; yet the Customs and
+Institutions of a Nation, preserv'd inviolate by universal Consent,
+during so many Ages, obtain the Force of a written Law: For tho'
+_Childeric_, the Third King, left two Daughters behind him at his Death,
+the Kingdom was given to his Brother _Lotharius_, and his Daughters
+excluded. Again, after the Death of _Cherebert_ the 5th King, who left
+three Daughters; the Succession devolv'd upon his Brother _Sigebert_.
+Also when _Gontrannus_ King of _Burgundy_ and _Orleans_ died, the
+Kingdom was conferr'd on his Brother _Sigebert_, not on his Daughter
+_Clotilda_. Lastly, _Philip_ of _Valois's_ Advocates might with greater
+Caution, as well as Efficacy, have argued for him out of the _Feudal_
+Law, by which all Inheritances of _Fiefs_ descend to the Male Issue
+only, and not to the Female, who are not admitted to them. And when
+there happens a Want of Heirs Males in that Line or Branch wherein the
+Fief is lodged, then the _Feudum_ or _Fief_ returns back to the other
+Stock or Branch: which was the very Case at that Time. But such Fiefs as
+thro' a Depravation of the Law, are convey'd down to Women, cannot
+properly be called _Feuda_, but _Feudastra_, as in other of our Writings
+we have made it appear.
+
+       *       *       *       *       *
+
+
+
+CHAP. IX.
+
+    _Of the Right of Wearing a large Head of Hair peculiar to
+    the Royal Family._
+
+
+It will not be amiss in this Place to give some Account of a Custom of
+our Ancestors, relating to the Hair worn by the Royal Family: For 'tis
+recorded, that our Forefathers had a particular Law concerning it;
+_viz._ That such as were chosen Kings by the People, or were of the
+Regal Family, shou'd preserve their Hair, and wear it parted from the
+Forehead, on both Sides the Head, and anointed with sweet Oyl, as an
+Ornament and peculiar Mark of their being of the Royal Family; whilst
+all other Persons, how nobly born soever, had no right to wear a large
+Head of Hair; but were obliged to go with their Heads shorn or shaved,
+upon the Account (as 'tis probable) that they shou'd be more ready and
+expedite in their continual military Exercises, as the _Roman_ Histories
+tell us of _Julius Caesar_, and several others. _Aimoinus_ lib. I cap. 4.
+says--"The _Franks_ chusing for themselves a King, according to the
+Custom of other Nations, raised, _Pharamond_ to the Throne, to whom
+succeeded his Son Clodio crinitus; For at that Time the Kings of the
+_Franks_ wore large Heads of Hair. Also lib. 3. cap. 61. _Gundoaldus_
+being brought up by his Mother after the regal Manner, wore a long Head
+of Hair, according to the Custom of the ancient Kings of the _Franks_."
+In like Manner _Agathius_, lib. de Bell. Goth. I. where he speaks of
+_Clodoveus_, one of our Kings, who was taken in Battel by the
+_Burgundians_, (he calls him _Clodamirus_). "As soon (says he) as his
+Horse had thrown him, the _Burgundians_ espying his large Head of Hair,
+which fell back over his Shoulders, presently knew him to be the Enemy's
+_General_; for 'tis not lawful for the Kings of the _Franks_ to cut off
+their Hair, but even from their Childhood they remain untrimm'd, and
+always keep a large Head of Hair hanging low down upon their Backs." And
+we have many Instances that it was our Ancestors Custom, whenever they
+either deprived any one of the Crown, or took away all Hopes of
+obtaining the Kingdom, to cut off his Head of Hair. _Aimoinus_ in the
+same Place--"He earnestly beholding him, commanded his Hair to be cut
+off, denying him to be his Son.--Also--Having caused his Hair to be cut
+off a second Time, he put him in Prison at _Cologne_; from whence making
+his Escape, he fled to _Narses_, and suffer'd his Hair to grow again,
+&c." Which Story _Gregory_ of _Tours_, lib. 6. cap. 24. likewise
+records. Also _cap._ 44. where he speaks of King _Theodorick_.--"The
+Franks (says he) rose up in Arms against him, and cast him out of the
+Kingdom, and cut off his Head of Hair by Force." But there is a very
+remarkable, or rather horrible Story related by _Gregory_ of _Tours_,
+concerning _Crotilda_, the Queen Mother; who chose rather to have the
+Heads of her two Grandsons cut off than their Hair. 'Tis in his 3d Book,
+_cap._ 18.--"Our Mother (says the King to his Brother) has kept our
+Brother's Sons with her, and intends to advance them to the Throne; we
+must concert what Measures ought to be taken in this Affair; whether we
+shall order their Hair to be cut off, and to reduce them to the State of
+common Subjects; or whether we shall cause them to be put to Death, and
+afterwards divide the Kingdom between us: Then they sent _Archadius_
+with a Pair of Scissars in one Hand, and a naked Sword in t'other to the
+Queen; who approaching her, showed them both to her, and said, Your
+Sons, most Glorious Queen, have sent me to know your Pleasure, what
+Destiny you are pleased to allot to these two Youths; whether by
+suffering their Hair to be cut off, you will have them to live; or
+whether you had rather have both their Throats cut. Whereupon She chose
+rather to see them both kill'd, than to have their Hair cut off." I
+further observe, that it was the Fashion when our Kings went to single
+Combat, to have their long Hair tied up in a large Knot a-top of their
+Helmets like a Crest; and that was their Cognizance or Mark in all their
+Fights. Therefore _Aimoinus_, lib. 4. cap. 18. where he speaks of the
+dreadful Combat between King _Dagobert_ and _Bertoaldus_, Duke of the
+_Saxons:_ "The King (says he) having his Hair, together with a Part of
+his Helmet, cut off with a Blow of a Sword on his Head, sent them by his
+Esquire to his Father, desiring him to hasten to his Assistance."
+
+Now when I consider what might be the Reasons of this Institution, I can
+find none but this. That since it had been the ancient Custom of the
+_Gauls_ and _Franks_ to wear their Hair long (as it was also of the
+_Sicambri_, and of most others in those Parts) our Ancestors thought fit
+to continue, and in Process of Time to appropriate this Ornament, and
+Mark of Distinction to the Regal Family. No Person, tho' but
+indifferently learn'd, needs any Proof that the _Gauls_ wore their Hair
+long, especially when he calls to mind that of the Poet _Claudian_, ex
+lib. in Ruffin. 2.
+
+  _Inde truces flavo comitantur vertice_ Galli
+  _Quos_ Rhodanus _velox_, Araris _quos tardior ambit_,
+  _Et quos nascentes explorat gurgite_ Rhenus.
+
+Now that the _Franks_ did so too, whom we have shewn to be descended
+from the _Chauci_ or _Chaiici_, that single Passage of the Poet _Lucan_
+is sufficient to confirm.
+
+  _Et vos_ Crinigeros _bellis arcere_ Chaycos
+  _Opposui, petitis_ Roman, &c.
+
+Which being so, we may easily comprehend the Reason why Strangers, who
+were ill affected towards our Nation, contumeliously called our Kings,
+who wore so great a Head of Hair, _Reges setatos, bristled Kings_; and
+not only so, but (tho' Bristles and long Hair be common to Lyons, Horses
+and Swine, all which are therefore called _Setosi_, or _Setigeri_) they
+stretched the Contumely so far, as to say, they had Hogs Bristles. From
+whence arose that filthy Fiction and foul Name, [Greek: trichorachaton]
+of which _Georgius Cedrenus_ writes thus in his History, [Greek:
+"Helegonto de hoi ek tou genous hekenou katagomenoi kristatoi ho
+hermeneuetai trichorachai heichon gar kata tes racheos auton trichas
+ekphuomenas hos choiroi"] that is, "They who were of the Kingly Race
+were called _Cristati_, which may be interpreted _Bristleback'd_;
+because they had all along their Back bones, Bristles growing out like
+Swine"--, Which Passage of _Cedrenus_, I believe, is corrupted, and
+instead of the Word [Greek: kristatoi], ought to be [Greek: setatoi], or
+perhaps both. For as some Persons called them pleasantly _Christati_ by
+Reason of their large erected Bunch of Hair upon the Tops of their
+Helmets; so their Ill-Willers called them upbraidingly _Setati_, or
+_Setigeri_. If _Cedrenus_ had not been so very plain in this Passage,
+and the Appellation of _Cristati_ be to be retained, I shou'd rather
+have thought they might have been called [Greek: trichocharaktoi], as
+being remarkable for their large Heads of Hair.
+
+       *       *       *       *       *
+
+
+
+CHAP. X.
+
+    _The Form and Constitution of the_ Francogallican
+    _Government_.
+
+
+These Things being thus briefly premised, we think it proper now to set
+forth in what Manner the Kingdom of _Francogallia_ was constituted. And
+we have already made it plain, that the _People_ reserv'd to themselves
+all the Power not only of _Creating_, but also of _Abdicating_ their
+_Kings_. Which Form of Government 'tis manifest our Ancestors had;
+before they were brought under by the _Romans_, "So that _the People_
+(as _Caesar_ tells us) _had no less authority and Power over their
+Kings, than the Kings had over the People_. Populus non minus in Regem,
+quam rex in populum imperii ac Potestatis retinet." Altho' 'tis probable
+the _Franks_ did not derive this Constitution of their Commonwealth from
+the _Gauls_; but from their Countrymen, the _Germans_; of whom
+_Tacitus_, lib. de mor. _Germ._ says,--"Regibus non est infinita aut
+libera Potestas. Their _Kings_ have not an _Arbitrary_ or _Unlimited
+Power_." Now 'tis manifest, that no Form of Government is more remote
+from Tyranny, than this: for not one of the three distinguishing Marks,
+or Characteristicks of _Tyranny_, which the old Philosophers make
+mention of, can be found in the Form and Constitution of our Government.
+First, as to a forced Obedience; _i. e._ that a King shou'd rule over a
+People against their Wills; we have shewn you already, that the _Supreme
+Power_, both of _Electing_ and _Abdicating_ their _Kings_, was in the
+_People_. Secondly, as to a Life-guard composed of Foreigners, (which
+they reckon the Second Mark of _Tyranny_); so far were our
+_Francogallian_ Kings from making use of Mercenary Strangers for their
+Guards, that they had not so much as their own Countrymen and Citizens,
+for that Purpose; but placed their whole Trust and Confidence in the
+Love and Fidelity of their Subjects; which they thought a sufficient
+Guard.
+
+As an Argument of this, we may observe what _Gregory of Tours_ writes,
+lib. 7. cap. 18. and _Aimoinus_, lib. 3. cap. 63.--"King _Gontrannus_
+being inform'd by an ordinary Fellow at _Paris_, that _Faraulphus_ lay
+in Wait for him, presently began to secure his Person by Guards and
+Weapons; so that he went no whither (not even to the Holy Places)
+without being surrounded with armed Men and Soldiers." We have at
+present a very famous History extant of St. _Lewis_, written by that
+excellent Person _Joannes Jonvillaeus_, who lived very familiarly with
+that King for many Years; in which whole History there is not the least
+Mention made of Guards or Garisons, but only of Porters or Doorkeepers;
+which in his native Tongue, he calls Ushers.
+
+Now as to the third Mark of _Tyranny_, which is when Matters are so
+carried, that what is done tends more to the Profit and Will of the
+_Person governing_, than to that of the _governed_, or the Good of the
+_Commonwealth_; we shall hereafter prove, that the _Supreme_
+Administration of the _Francogallican Kingdom was lodged in the Publick
+Annual Council of the Nation, which in After-Ages was called the
+Convention of the Three Estates_. For the Frame of this Government was
+the very same which the _Ancient Philosophers_, and among them _Plato_
+and _Aristotle_ (whom _Polybius_ imitates) judged to be the best and
+most excellent in the World, as being made up and constituted of a
+Mixture and just Temperament of the three Kinds of Government, _viz._
+the _Regal, Noble_, and _Popular_. Which Form of a _Commonwealth,
+Cicero_ (in his Books _de Republica_) prefers to all other whatsoever.
+For since a _Kingly_ and a _Popular_ Government do in their Natures
+differ widely from each other, it was necessary to add a _third_ and
+_middle State_ participating of both, _viz._ that of the _Princes_ or
+_Nobility_; who, by Reason of the Splendor and Antiquity of their
+Families, approach, in some Degree, to the _Kingly Dignity_; and yet,
+being _Subjects_, are upon that Account on the same Foot and Interest
+with the _Commons_. Now of the Excellency of this Temperament in a
+Commonwealth, we have a most remarkable Commendation in Cicero, taken by
+him out of _Plato_'s Books _de Republica_; which, because of its
+singular Elegancy, we shall here insert at length.
+
+"Ut in fidibus (inquit) ac tibiis, atque cantu ipso, ac vocibus,
+tenendus est quidam concentus ex distinctis sonis, quem immutatum ac
+discrepantem aures eruditae ferre non possunt; isque concentus ex
+dissimillimarium vocum moderatione concors tamen efficitur, & congruens;
+Sic ex summis, & mediis, & infimis interjectis ordinibus, ut sonis,
+moderata ratione _civitas_, consensu dissimillimorum concinit, & quae
+_harmonia_ a musicis dicitur in _cantu_, ea est in _Civitate concordia_:
+arctissimum atq; optimum in Repub. vinculum incolumitatis, quae fine
+justitia nullo pacto esse potest. _i. e._ As in Fiddles and Flutes, and
+even in Singing and Voices, a certain Consort of distinct Sounds is to
+be observed; which if it be alter'd, or not tunable, skilful Hearers
+cannot bear or endure: And this Consort of very different Tones, is,
+through as just Proportion of the Notes, rendred Concord, and very
+agreeable: Even so a Commonwealth, judiciously proportioned, and
+composed of the _first_, the _middlemost_, and the _lowest_ of the
+_States_, (just as in the Sounds) through the Consent of People very
+unlike to each other, becomes agreeable: And what Musicians in Singing
+call _Harmony_, that in a Commonwealth is _Concord_; the very best and
+strongest Bond of Safety for a Government, which can never fail of being
+accompanied with _Justice_." Our Ancestors therefore following this
+Method, of a just Mixture of all the three Kinds, in the constituting
+their Commonwealth, most wisely ordained, that every Year on the
+_Calends_ of _May_, a Publick _Council_ of the whole Nation should be
+held: at which _Council_ the great Affairs of the Republick shou'd be
+transacted by the common Consent and Advice of all the _Estates_. The
+Wisdom and Advantage of which Institution, appears chiefly in these
+three things: First, That in the Multitude of prudent Counsellors, the
+Weight and Excellency of Counsel shews it self more apparently, as
+_Solomon_ and other Wise Men have said. Secondly, _Because it is an
+essential part of liberty, that the same persons, at whose cost and
+peril any thing is done, shou'd have it done likewise by their authority
+and advice: for_ ('tis a common Saying) _what concerns all, ought to be
+approved by all_. Lastly, That such Ministers of State as have great
+Power with the Prince, and are in high Employments, may be kept within
+the Bounds of their Duty, thro' the Awe they stand in of this _great
+Council_, in which all the Demands and Grievances of the Subject are
+freely laid open.--"For such Kingdoms as are ruled by the arbitrary Will
+and Pleasure of _one Prince_, may most justly (as _Aristotle_ in his
+third Book of Politicks observes) be reckon'd Governments of Sheep; and
+brute Beasts, without Wit or judgment; not of Freemen, who are endued
+with Understanding, and the Light of Reason." The Case is thus--That
+even as Sheep are not guided or tended by one of their own Kind, nor
+Boys govern'd by one of themselves, but by something of more Excellency;
+even so a Multitude of Men ought not to be ruled and govern'd by one
+single Person, who perhaps understands and sees less than several others
+among them; but by many select Persons, who, in the Opinion of all Men,
+are both very prudent and eminent; and who act by united Counsels, and,
+as it were, by one Spirit, composed and made up of the Minds of many
+Wise Men.
+
+Now whereas it may be objected, that most Kings have a constant _Privy
+Council_ to advise them in the Administration of publick Affairs: We
+answer, That there is a great deal of Difference between a Counsellor of
+the _King_, and a Counsellor of the _Kingdom_. This last takes care of
+the Safety and Profit of the whole Commonwealth; the other serves the
+Humour and studies the Conveniences of one Man only; and besides, these
+King's Counsellors reside, for the most part, in one certain Place; or
+at least near the Person of the Prince, where they cannot be supposed to
+be throughly acquainted with the Condition of the more remote Cities or
+Provinces; and being debauched by the Luxury of a Court life, are easily
+depraved, and acquire a lawless Appetite of Domineering; are wholly
+intent upon their own ambitious and covetous Designs; so that at last
+they are no longer to be consider'd as Counsellors for the Good of the
+Kingdom and Commonwealth, but Flatterers of a single Person, and Slaves
+to their own and Prince's Lusts.
+
+Concerning this Matter, we have a most excellent Saying of the Emperor
+_Aurelian_, recorded by _Flavius Vopiscus_.--"My Father used to tell me
+(says _Aurelian_) that the Emperor _Dioclesian_, whilst he was yet a
+private Man, frequently said, That nothing in the World was more
+difficult than to govern well. For, four or five Persons combine
+together, and unanimously agree to deceive the Emperor they determine
+what shall be approved or disapprov'd. The Emperor, who, for the most
+part, is shut up in his Palace, knows nothing of the Truth of Affairs;
+he is compell'd to hear and see only with their Ears and Eyes; he makes
+judges, such Persons as do not deserve to be made so; he removes from
+Offices in the Commonwealth such as he ought to keep in; in short, a
+good, provident and excellent Emperor is sold by such Counsellors."--Now
+our Ancestors, in the constituting their Commonwealth, wisely avoiding
+these Mischiefs (as Mariners wou'd do dangerous Rocks) decreed that the
+_Publick_ Affairs shou'd be managed by the joynt Advice and Counsel of
+_all_ the _Estates_ of the _Kingdom_. To which Purpose the _King_, the
+_Nobles_, and the _Representatives_ of the _Commons_ out of the several
+Provinces, were obliged to meet at a certain Time every Year. And this
+very same Institution we find to have been that of many other Nations.
+First in our Ancient _Gallia_, where the Administration of Publick
+Affairs was intrusted with the _Common Councel of the chosen Men in the
+whole Nation_ as we have above demonstrated. But because we are now
+speaking of a Kingdom, I shall give Instances of them. 'Tis man felt,
+that in old Times the Council of the _Amphictions_ was instituted in
+_Greece_ (as _Suidai_ and others testify) by King _Amphyction_, Son of
+_Deucalion_; and therein it was ordained, that at a certain appointed
+Time every Year, _Representatives_ chosen out of the Twelve
+Commonwealths of _Greece_ shou'd meet at _Thermopylae_, and deliberate
+concerning all the weighty Affairs of the Kingdom and Commonwealth: For
+which Reason, _Cicero_ calls this the _Common Council of Graecia_,
+_Pliny_ calls it the _Publick Council_.
+
+We find the like Wisdom in the Constitution of the _German Empire_,
+wherein the _Emperor_ represents the _Monarchical_ State, the _Princes_
+represent the _Aristocratical_, and the _Deputies of the Cities_ the
+_Democratical_; neither can any Matter of Moment appertaining to the
+whole _German Republick_ be firm and ratified, but what is first agreed
+upon in that _great Convention of the Three Estates_. To this End was
+framed that ancient and famous Law of the _Lacedemonians_, which joyned
+the _Ephori_ to their _Kings_; "Who, as Plato writes, were designed to
+be like Bridles to the Kings, and the Kings were obliged to govern the
+Commonwealth by their Advice and Authority." _Pliny_, lib. 6. cap. 22.
+makes mention of the like Practice in the Island of _Taprobana_, where
+the King had thirty Advisers appointed by the People; by whose Counsel
+he was to be guided in the Government of the Commonwealth; "For fear
+(says he) lest the King if he had an unlimited Power should esteem his
+Subjects no otherwise than as his _Slaves_ or his _Cattel_."
+
+Furthermore, we find the very same Form of Administration of the Kingdom
+of England, in _Polydore Virgil_'s History of _England_, lib. 11. where
+he has this Passage in the Life of _Henry_ the First.--"Before this Time
+the Kings used to summon a publick Convention of the People in order to
+consult with them, but seldom: So that we may in some Manner say, that
+the Institution derived its Original from _Henry_: which took such deep
+Root, that it has always continued ever since, and still does so; _viz._
+That whatever related to the Well governing or Conservation of the
+_Commonwealth_, ought to be debated and determin'd by the _great
+Council_. And that if either the _King_ or the _People_ shou'd act any
+thing _alone_, it shou'd be esteemed _invalid_, and as _nothing_, unless
+it were first approved and established by the _Authority of that
+Council_. And for fear this _Council_ shou'd be cumbred with the
+Opinions of an _unskilful Multitude_, (whose Custom it is to distinguish
+nothing justly) it was at first establish'd by a certain Law, what
+_Sort_ of Persons, and what _Numbers_ either of the _Priests_ or of the
+_People_ shou'd be called to this _Council_, which, after a _French_
+Name, they commonly call _A Parliament_; which every King at the
+Beginning of his Reign uses to hold, and as often afterward as he
+pleases, or as _Occasion_ requires." Thus far _Polydore Virgil_.
+
+But among all the Laws and Customs of this Kind, there is none so
+remarkable as that of the _Spaniards_; who, when they _elect_ a King in
+the _Common-Council_ of _Arragon_, (in order to keep up a perpetual
+Remembrance of their Privileges) represent a Kind of Play, and introduce
+a certain _Personage_, whom they call by the Name of _The Law of
+Arragon_, [Footnote: _La justitia di Arragon._] whom (by a publick Decree)
+they declare to be greater and more Powerful than their King; and
+afterwards they harangue the King (who is elected upon certain Terms and
+Conditions) in Words which (because of the remarkable Virtue and
+Fortitude of that Nation in repressing the _unbridled Will_ of their
+Prince,) we will here set down at length.--"Nos que valemos tanto come
+vos, ii podemos mas que vos; vos elegimos Reii con estas ii estas
+Conditiones; intra vos ii nos un que manda mas que vos: That is, We, who
+are of as great Value as you, and can do more than you, do elect you to
+be our King, upon such and such Conditions: Between you and us there is
+_one_ of _greater Authority_ than you."
+
+Seeing then that the Case is so, and that _this has always been a
+constant and universal Law of all Nations, that are governed by a
+Kingly, and not by a Tyrannical Power_: 'Tis very plain, that this most
+valuable Liberty of holding a _Common-Council_ of the Nation, is not
+only a Part of the _People's Right_; but that all Kings, who by Evil
+Arts do oppress or take away this _Sacred Right_, ought to be esteemed
+_Violators of the Laws of Nations_; and being no better than _Enemies of
+Human Society_, must be consider'd not as _Kings_, but as _Tyrants_.
+
+But to return to the Matter in Hand. Our Commonwealth being constituted
+by the Laws of our Ancestors, upon the Bottom above-mention'd, and
+participating of all the three Kinds of Government; it was ordain'd,
+that once every Year (and as much oftner as important Occasions should
+make it necessary) a _Solemn General Council_ shou'd be held: Which for
+that Reason, was called a _Parliament_ of the _Three Estates_. By that
+Word was meant a Convention or Meeting of Men out of several Parts of
+the Country to one Place, there to confer and deliberate concerning the
+Publick Welfare: And therefore all Conferences (tho' between Enemies) in
+order to a Peace or Truce are always in our Chronicles called by the
+Name of _Parliaments_. Now of this Council, the _King_ sitting in his
+Golden Tribunnal, was _chief_; next to him were the _Princes_ and
+_Magistrates_ of the Kingdom; in the third Place were the
+_Representatives_ of the several Towns and Provinces, commonly called
+the _Deputies_: For as soon as the Day prefix'd for this Assembly was
+come, the _King_ was conducted to the Parliament House with a Sort of
+Pomp and Ceremony, more _adapted to popular Moderation_, than to _Regal
+Magnificence_: which I shall not scruple to give a just account of out
+of our own Publick Records; it being a Sort of _Piety_ to be pleas'd
+with the Wisdom of our Ancestors; tho' in these most profligate Times, I
+doubt not but it wou'd appear ridiculous to our flattering Courtiers.
+The King then was seated in a _Waggon_, and drawn by _Oxen_, which a
+_Waggoner_ drove with his _Goad_ to the Place of Assembly: But as soon
+as he was arrived at the Court, or rather indeed the Venerable _Palace
+of the Republick_, the Nobles conducted the King to the Golden Throne;
+and the rest took their Places (as we said before) according to their
+Degrees. This _State_, and in this _Place_, was what was called _Regia
+Majestas, Royal Majesty_. Of which we may even at this Day observe a
+signal Remain in the King's Broad Seal, commonly called the _Chancery_
+Seal. Wherein the King is not represented in a _military Posture_ a
+Horse-back, or in a _Triumphant Manner_ drawn in his Chariot by Horses,
+but sitting in his Throne _Robe'd_ and _Crown'd_, holding in his Right
+Hand the Royal Sceptre, in his Left the Sceptre of Justice, and
+presiding in his _Solemn Council_. And indeed, in that Place only it can
+be said that _Royal Majesty_ does truly and properly reside, where the
+great Affairs of the Commonwealth are transacted; and not as the
+unskilful Vulgar use to profane the Word; and whether the King plays or
+dances, or prattles with his Women, always to stile him YOUR MAJESTY.
+
+Of all these Matters, we shall give only a few Proofs, out of many which
+we could produce. First, out of _Eginarthus_, who was _Chancellor_ to
+_Charles the Great_, and wrote his Life. These are his Words: "Wherever
+he went (speaking of _Charlemagn_) _about the publick Affairs_: he was
+drawn in a Waggon by a Pair of Oxen, which an ordinary Waggoner drove
+after his rustical Manner. Thus he went to the Courts of Justice, thus
+to the Place of the Publick Convention of his People, which every Year
+was celebrated for the Good of the Realm; and thus he used to return
+Home again."
+
+_Joannes Nauclerus_ gives us an Account of the very same Thing, in
+almost the same Words, in _Chron. Generat. 26_. So does the _Author_ of
+the _Great Chronicle_, in the Beginning of his Life of _Charlemagn_,
+Fol. 77. Neither ought this to seem so great a Wonder to any, who
+considers it was the Fashion in those Days for our Kings and Queens, and
+the Royal Family, to be drawn by _Oxen_; of which we have one Instance
+in _Greg. Turon. lib. 3. cap. 26. "Deuteria_, (says he) Wife of King
+_Childebert_, seeing her Daughter by a former Husband grown to Woman's
+Estate, and fearing lest the King (being in Love with her) should lye
+with her, caused her to be put into a Sort of Litter with untamed Oxen,
+and thrown Headlong off a Bridge." _Aimoinus, lib. 4. cap. 30._ makes
+mention of the Golden Throne, where he speaks of King _Dagobert_: "He
+proclaimed, says he, _Generale PLACITUM in loco nuncupato
+Bigargio_, a _Great Council_ in a Place named _Bigargium_: To which all
+the Great Men of _France_ assembling with great Diligence on the Kalends
+of _May_, the King thus began his Speech to them, sitting on his _Golden
+Throne_." Also in his 41st Chapter, speaking of King
+_Clodoveus_--Sitting in the midst of them, on his _Golden Throne_, he
+spoke in this Manner, &c. _Sigebertus in Chron. Anni 662._--"'Tis the
+Ancient Custom (says he) of the Kings of the _Franks_, every _Kalends of
+May_, to preside in a Convention of all the People, to salute and be
+saluted, to receive Homage, and give and take Presents." _Georgius
+Cedrenus_ expresses this in almost the same Words: [Greek: katta de ton
+Maion mena prokaithesesai epi pantos tou ethnous kai proskunin autois kai
+antiproskunisthai hup auto dorophoreisthai te katta sunepheian kai
+antididonai autois]
+
+Now, concerning the _Authority_ of the _People_, who were thus gather'd
+together at the _Great Council_, we have many Testimonies, _Aimoinus,
+lib. 4. cap. 41._ speaking of _Clodoveus_ the Second; "Altho' (says that
+King in his Speech) the Care of our Earthly Principality _obliges_ us to
+call you together _Francigenae cives_, and to consult you in Affairs
+relating to the Publick, &c."--Also in his 74th Chapter of the same
+Book--"In the Beginning of the Year he went into _Saxony_, and there he
+held a _General Convention every Year_, as he used to do every Year in
+_France_ also."--Again, _lib._ 4. _cap._ 13. where he speaks of _Charles_
+the Great--"When the Hunting near _Aix la Chapelle_ was ended, as soon
+as he return'd, he held a _General Convention_ of his People, according
+to usual Custom, &c. _Cap._ 116. The Emperor having held Two
+_Conventions_, one at _Nimeguen_, the other at _Compiegn_, wherein he
+receiv'd the Annual Presents, &c. Again, _Cap._ 117. In the Month of
+_August_ he came to _Wormes_, and holding there the General Convention
+according to constant Practice, he received the Yearly Gifts which were
+offer'd him, and gave Audience to several Ambassadors, &c. Again, _Lib.
+5. cap. 31._ The General _Placitum_ was held on the Ides of _June_, in
+the Town _Dusiacum_."
+
+And this may suffice touching this solemn _General Council_, which both
+_French_ and _German_ Historians, thro' a deprav'd Custom of the _Latin_
+Tongue, called by different Names; sometimes _Curia_, sometimes
+_Conventus Generalis_, but for the most Part _Placitum. Gregorius, lib.
+7 cap. 14_ says thus:--"Therefore when the Time of the _Placitum_
+approached, they were directed by King _Childebert, &c. Aimoinus, lib.
+4. cap. 109._ In the middle of the Month he held the General Convention
+at _Thionville_, where there was a very great Appearance of the People
+of the _Franks_; and in this _Placitum_, the singular Compassion of the
+most Pious Emperor eminently show'd it self, &c."
+
+Now it was the Custom in that _Council_ to send Presents from all Parts
+to the King; as may appear from many Places which might be quoted,
+wherein that _Council_ is called _Conventus Generalis. Aimoinus, lib. 4.
+cap. 64._ speaking of King _Pipin_--"He compell'd them (says he) to
+promise they would obey all his Commands, and to send him every Year at
+the Time of the _General Convention_, Three Hundred Horses, as a Gift
+and Token of Respect. _Item, cap. 85._ Not forgetting the Perfidy of the
+_Saxons_, he held the _General Convention_ beyond the _Rhine_, in the
+Town of _Kufftein_, according to the usual Custom."
+
+This _Council_ was sometimes called by another Name, _Curia_, the
+_Court_; from whence proceeded the common Saying, when People went to
+the _King's Hall_ or _Palace, we are going to Court_; because they
+seldom approach'd the King, but upon great Occasions, and when a
+_Council_ was call'd. _Aimoinus, lib. 5. cap. 50. "Charles_, (says he)
+the Son of the _Danish King_, sued (or prosecuted) several Noblemen of
+_Flanders_ very conveniently at this _Curia_, or _Court_. _Item, cap.
+sequenti_; _Henry_ King of the _Romans_ being dead, at that Great and
+General _Court, Curia_, held at _Mentz. &c._ Also _Otto Frising._ _Lib.
+Frideric._ I. _cap._ 40. After these Things, the Prince enter'd
+_Bavaria_, and there celebrated a General _Curia, Court_, in the Month
+of _February_. _Item, cap._ 43. _Conrade_ King of the _Romans_, calling
+the Princes together at _Francfort_, a City of _East France_, celebrated
+there a _General Court_."
+
+       *       *       *       *       *
+
+
+
+CHAP. XI.
+
+    _Of the_ Sacred Authority _of the_ Publick Council; _and
+    what Affairs were wont to be transacted therein_.
+
+
+We think it necessary in this Place to consider what Kind of Affairs
+were wont to be transacted in this general _Annual Council_, and to
+admire the great _Wisdom_ of our Ancestors in _constituting our
+Republick_. We have (in short) observed that they are these that follow.
+First, the _Creating or abdicating of their Kings_. Next, the _declaring
+of Peace or War_. The _making of all Publick Laws_: The _Conferring_ of
+all _great Honours, Commands_, or _Offices_ belonging to the
+_Commonwealth_: The _assigning_ of any _part_ of the _deceased King's
+Patrimony_ to his Children, or giving _Portions_ to his _Daughters_,
+which they usually called by a _German_ Name _Abannagium_; that is,
+_pars exclusoria_, a Part set out for younger Children. Lastly, all such
+Matters as in Popular Speech are commonly called _Affairs of State_:
+Because it was not lawful to determine or debate of any Thing relating
+to the _Commonwealth_, but in the _General Council_ of the _States_.
+
+We have already produced sufficient Proofs of the _Electing_ and
+_Abdicating_ their _Kings_, as well from the last _Will_ and _Testament_
+of _Charles_ the _Great_, as from several other Authors: To which we
+will add this one Passage more out of _Aimoinus_, lib. 5. cap. 17. where
+speaking of _Charles_ the _Bald_, he says thus,--"Having summon'd a
+_General Council_ at [Footnote: _Crecy._] _Carisiacum_, he there first gave
+his Son _Charles arma virilia_; that is, he girt him with a Sword, or
+knighted him, and putting a Regal Crown upon his Head, assign'd
+_Neustria_ to him, as he did _Aquitain_ to _Pippin_."
+
+Now concerning the _Administration_ of the _Kingdom_, _Aimoinus_ gives
+us this remarkable Instance, _lib._ 5. _cap._ 35. speaking of _Charles_
+the _Bald_. "_Charles_ (says he) being about taking a Journey to _Rome_,
+held a general _Placitum_ on the Kalends of _June_ at _Compeign_; and
+therein was ordained under particular Heads, after what Manner his Son
+_Lewis_ should govern the Kingdom of _France_, in _Conjunction_ with his
+_Nobles_, and the rest of the _Faithful People_ of the _Realm_, till
+such time as he returned from _Rome_."
+
+Also in the same Book, _cap._ 42. speaking of _Charles_ the _Simple_:
+"Whose Youth (says he) the principal Men of _France_ judging (as it was
+indeed) very unfit for the exercise of the Government of the Realm, they
+held a _General Council_ touching these weighty Affairs; and the great
+Men of the _Franks_, _Burgundians_, and _Aquitanians_ being assembled,
+elected _Odo_ to be _Charles'_s _Tutor_ and _Governor_ of the Kingdom."
+
+Now concerning _the Power_ of _making Laws_ and _Ordinances_, that
+single Passage in _Gaguinus'_s Life of St. _Lewis_ is a sufficient
+Proof. "As soon (says he) as King _Lewis_ arrived at _Paris_, he called
+a _General Convention_, and _therein_ reformed the Commonwealth; making
+excellent Statutes relating to the Judges, and against the Venality of
+Offices, &c."
+
+Concerning the _conferring_ the _great Honours and Employments_ upon
+_Persons of approved Worth, Aimoinus lib. 5. cap. 36._ gives us this
+Instance; speaking of _Charles_ the _Bald_, he tells us, "That whereas
+he began (before his Inauguration) to distribute the Governments and
+great Offices of the Realm according to his own liking; the _Great Men
+summoned a General Council_, and sent Ambassadors to the King; neither
+would they admit him to be crowned till he had made use of their Advice
+and Authority in disposing of those great Employments. The Nobles (says
+he) being very much displeas'd, because the King _conferr'd Honours
+without their Consent_; for that Reason, agreed together against him,
+and summoned a _general Convention_ in the Town of _Witmar_, from whence
+they sent Ambassadors to _Lewis_, as _Lewis_ likewise sent his
+Ambassadors to them, &c."
+
+Also the Appendix to _Gregory_ of _Tours, lib. 11. cap. 54._ "That same
+Year (says he) King _Clotharius, cum Proceribus & Leudibus_, i. e. with
+the Nobility and free Subjects of _Burgundy_, met at _Troyes_, and when
+he earnestly solicited them to advance another Person to the same Place
+and Degree of Honour which _Warnhar_ (lately deceased) had enjoy'd, they
+unanimously refused to do it; and said, they would by no Means have any
+_Mayor of the Palace_, earnestly desiring the King to excuse them:" And
+thus they gained their Point with the King.
+
+To this Head may be referr'd all _the Contentions_ of such _Princes_, as
+were foreseen might be _dangerous to the Commonwealth_. These were
+debated in the _General Council_. For _Aimoinus_, lib. 4 cap. I. where
+he speaks of _Clotharius_, Son of _Chilperic_, from whom Queen
+_Brunechild_ demanded the Kingdom of _Austratia_, says
+thus:--"_Clotharius_ made answer, that she ought to call a _Convention_
+of the _Nobles_ of the _Franks_, and there debate (by common Consent) an
+Affair relating to the Community. That as for him, he would submit to
+their judgment in all Things, and would not obstruct in any Measure
+whatever they should command." The same Thing is recorded in the
+_Appendix_ to _Gregory_ of _Tours_, lib. II. "_Clotharius_ (says he) made
+Answer to her, that he would refer the Difference between them, to the
+Determination of the _Select Franks_, and promis'd to fulfil whatsoever
+they should ordain." Also _Aimoinus_ lib. 5. cap. 12. where he speaks of
+King _Lewis_ the _Pious_, who was grievously tormented with the
+Contentions of his Sons, says thus,--"When Autumn approached, they whose
+Sentiments differ'd from the Emperor's, were for having the _General
+Convention_ held in some Town of _France_.--_Item_ cap. 13. He appointed
+the _General Convention_ of his People to be held at _Thionville_. And
+after a little Time, summon'd his People to meet on the Feast of St.
+_Martin_, and used all his Endeavours to recal his Son _Pipin_ who had
+absented himself; but he refused to come, &c." _Gaguinus_ making Mention
+of this Same Passage, says; "When the Conspirators found out they should
+not be able to dethrone the King, without the Consent of the _Nobility
+in Convention_, they labour'd by all Means to have the _Great Council_
+held within the Limits of _France_. But _Lewis_ knowing for certain that
+those _Franks_ were gained by his Enemies against him, refused it, and
+summon'd the Convention to meet at _Mentz_, and ordered that none should
+be admitted _Armed_ to the Council. But his Sons, (who had conspired
+against their Father) lest they should want the _Authority_ of a
+_Publick Convention_, assembled a Council at _Compiegne_, consisting of
+the Bishops and Nobility of the Kingdom. And _Lotharius_ taking his
+Father out of Custody, brought him to _Compiegne_."
+
+Again, _Aimoinus_, lib. 5. cap. 38. where he speaks of Lewis _the
+Stammerer_, who held a _Council_ at _Marsua_, wherein he treated a Peace
+with his Cousin, says: "In that _Placitum_, or _Parliament_, these
+Articles which follow were agreed upon between them, _by and with the
+Consent of the faithful Subjects of the Realm_."
+
+To proceed, We find further, that it was the Custom (when any _Prince_,
+or _Person_ of _Extraordinary Quality_, was _accused of any Crime_) to
+summon him to appear before the _Great Council_, and there he was to
+stand his _Trial_. Thus in the Reign of King _Clotharius_, when _Queen
+Brunechild_ stood accused, and was found guilty of many capital Crimes,
+the King made a Speech to the Estates of the _Great Council of
+Francogallia_, in these Words; which are recorded by _Aimoinus_, lib. 4.
+cap 1. "It belongs to you, my most dear Fellow-Soldiers, and high
+Nobility of _France_, to appoint what Kind of Punishment ought to be
+inflicted on a Person guilty of such enormous Crimes, &c." And _Ado AEtat
+6. sub Anno_ 583. tells us, "The _Franks_ passing Sentence
+upon her in the King's Presence, condemn'd her to be torn in Pieces by
+wild Horses."
+
+Now concerning the _dividing_ of the _Royal Patrimon_, and the
+_Appanages_, we have the same Person's Testimony, _lib. 5. cap. 94._
+where speaking of _Charlemagn_, he has these Words--"These Matters being
+ended, the King held a _Convention_ of the _Nobility and Gentry_ of the
+_Franks_, for the making and maintaining a firm Peace among his Sons,
+and dividing the Kingdom into Three Parts, that every one of them might
+know what Part of it he ought to defend and govern, in Case they
+survived him."--Also in that Place where he speaks of the Partition made
+among the Children of _Lewis_, lib. 5. cap. 40. he says thus.--"They went
+to _Amiens_, and there they divided their Father's Kingdom among them,
+_according to the Advice and Direction of their faithful Subjects_."
+Further, _cap._ 41. where he writes of _Carloman_, who held his _Great
+Council_ then at _Worms_.----"To this _Placitum_ (says he) came _Hugo_,
+and preferred his Petition for that Part of the Kingdom, which his
+Brother _Lewis (in Locarium acceperat)_ had rented of him, or received
+in Pawn."
+
+We may further observe, from very many Instances, that whenever the King
+had any expensive Design in Hand, such as the Building of Churches or
+Monasteries, he took first the Advice of the _Council_ of the
+_Estates_. For _Aimoinus_, lib. 4. cap. 41. where he speaks of
+_Clodoveus_ the Second, tells us, that sitting on his Throne, he began
+his Oration to the _General Council_ in these Words.--"_Quamquam
+Franciginae cives, &c._ Altho' (says he) the Care I ought to take of my
+Kingdom, obliges me to take your Advice in all Matters relating to the
+Publick, &c."
+
+And thus much may suffice on this Point. From all which we think it
+appears plainly, that the whole Power of the Administration of the
+Kingdom was lodg'd in the _Publick Council_, which they called
+_Placitum_; because according to the Idiom of the _Latin_ Tongue, _that_
+is properly termed _Placitum_, which after having been proposed and
+debated in a Council of many Persons, is at last agreed to, and resolved
+upon by them. And therefore _Cicero_, with others of the Ancients, were
+wont to call such-like Determinations, _Placita Philosophorum_.
+
+Since therefore the Matter is so, I hope the Opinion which we have
+formerly given in some of our other Books, will not be esteemed absurd;
+_viz._ That the common Form used by the King's Secretary in the last
+Clause of our Ordinances and Edits, _Quia tale est PLACITUM nostrum_,
+arises from hence: For anciently those Laws were written in the _Latin
+Tongue_, (as is sufficiently proved by _Aimoinus_, the _Capitulary of
+Charles the Great_, and many other Records); but afterwards when the
+King's Secretaries or Clerks began to make Use of the Vulgar Tongue,
+thro' Ignorance, or rather Malice, they translated it thus,--_Car tel
+est nostre Plaisir: For such is our Will and Pleasure_.
+
+Now as to the _Power_ of the _People_, we have this farther Argument
+extant in the same Capitulary of _Charles the Great_.--"Let the _People_
+(says it) be consulted touching all the Heads of the new Laws, which are
+to be added to the former; and after they have _all given their
+Consents_, let them set their Hands and Seals to every Article."
+
+From which Words, 'tis apparent that the People of _France_ were wont to
+be bound by such Laws _only_, as they had publickly agreed to in their
+_Parliaments_. Also _in fine Leg. Aleman._ we find this Passage.--"This
+is decreed by the _King_ and his _Nobles_, and all the Christian
+_People_ which compose the Kingdom of the _Merovingians_." Also
+_Aimoinus_, lib. 5 cap. 38.--"In this _Placitum_ the Laws which follow
+were agreed upon, to be observed between them, by the _Consent_ of the
+faithful _Subjects_.--An Agreement made between the Glorious Kings, &c.
+by the _Advice_ and _Consent_ of their faithful Commons, &c."
+
+Lastly, we cannot omit observing, that so great was the _Reputation_ and
+_Authority_ of this _General Council_, even among _Strangers_, that
+_foreign Princes_ submitted to have their Controversies and Differences
+decided by it. The _Appendix_ to _Greg. Turon._ lib. 11. cap. 37. _Anno_
+12. of _Theodorick_'s Reign, has this Passage in it.--"When
+_Alsaciones_, [perhaps _Alsatia_] in which Country he had been brought
+up, and which was left him by his Father _Childebert_, fell nevertheless
+to _Theodebert_, according to the Custom in Use among the _Barbarians_;
+the two Kings agreed that their Difference should be decided by the
+judgment of the _Franks_, (in _Salocissa castro_) in their Camp near the
+River _Sala_."
+
+       *       *       *       *       *
+
+
+
+CHAP. XII.
+
+    _Of the Kingly Officers, commonly call'd_ Mayors of the
+    Palace.
+
+
+Before we treat farther of the _uninterrupted Authority_ of the _Publick
+Council_, we think it not improper to say somewhat of those Regal great
+Officers, which, during the _Merovingian_ Race were called (_Majores
+domus_) Masters, or _Mayors of the Palace_. These having for some Time
+encroach'd upon the Kingly Power, finding at last a fit Opportunity,
+seiz'd upon it entirely as their own. Their Dignity near the Persons of
+our Kings seems to have been much the same with that of _Praefecti
+Pretorio_, or Generals of the Guards in the Time of the _Roman_
+Emperors, who were sometimes also titled _Aulae Praefecti_. They were
+usually appointed in and by the same _Convention_ which chose the
+_Kings_, and were wont to be Chiefs or Heads of the _Publick Council_.
+And upon this Account we frequently meet with such-like Expressions as
+these among our Historians.--"They elected such and such a Man to the
+Dignity of _Mayor of the Palace_. _Herchinold, Mayor of the Palace_,
+being dead, the _Franks_ conferr'd that Dignity upon _Ebroinus_, and
+appointed him to be _Mayor_ in the King's Court." Also--"They chose
+_Hilderick_ for their _King_, and _Wolfold_ for _Mayor of the Palace_."
+Which Quotations of ours might indeed have been made as properly in out
+foregoing Chapter, where we proved that the greater Employments were not
+usually given by the _Kings_, but appointed by the Yearly _General_
+Council, and conferred upon Men of the greatest Fidelity and Probity.
+
+But in this Magistracy, the same Thing hapned, which _Plutarch_ tells us
+(in his Life of _Lysander_) came to pass when _Agesilaus_ was appointed
+by the _Lacedemonians_ to be _General_ of their Army, and _Lysander_ to
+be Legate or Lieutenant-General: "Even as in Stage-Plays, (says he) the
+Actors who represent a Servant or Messenger, have better Parts, and are
+more regarded than him that wears the Crown and Scepter, who scarce
+speaks a Word in the whole Play: So the chief Authority and Command was
+lodg'd in _Lysander_, whilst with the _King_ remained only a naked and
+empty Title."--Just so it fell out in our _Francogallia_; Fair
+Opportunities of increasing the Power of these _Mayors_ of the Palace,
+being offer'd by the Sloth and Negligence of our _Kings_; among whom we
+may reckon _Dagobert, Clodoveus, Clotharius, Childericus, Theodoricus_,
+&c. For the Author of the History of the _Franks_, often cited by
+_Venericus Vercellensis_, tho' without naming him, writes, That during
+the Reign of _Clotharius_, Father of _Dagobert_, the Kingdom of the
+_Franks_ began to be administred and govern'd by some which were called
+_Provisores Regiae_, or _Majores Domus_. The same says _Godf. Viterb.
+parte Chron._ 16. Whereupon, whilst those _Mayors_ of the _Palace_
+executed all the important Affairs of the Commonwealth, and commanded
+all the Armies in Time of War; and the Kings (spending their Days in
+Sloth and Idleness) tarried at Home, content with the bare Title of a
+King; Matters at last were brought to such a Pass, that during the Reign
+of _Childerick_ the 18th _King_, Pipin, _Mayor of the Palace_, (who in
+the King's Name had waged great and long Wars, and had overcome and
+reduced the _Saxons_ to Terms of Submission) finding a fit Occasion to
+assume the Regal Title which was offer'd him, did not let it slip:
+Especially seeing himself at the Head of a great and victorious Army,
+that espoused his Interests. Of which we have the Testimony of many
+Authors. First, _Otto Frisingius_, Chron. 5. cap. 12. and his
+Transcriber _Godf. Viterb._ Part. 16. who write thus.--"The Kings of
+_France_, before the Time of _Pipin the Great_, (formerly _Mayor of the
+Palace_) were in a Manner but titular Princes, having very little to do
+with the Government of the Realm." _Sigebertus_ says almost the same
+Thing _sub Anno_ 662.--"From this Time, (says he) the Kings of the
+_Franks_ degenerating from their ancient Wisdom and Fortitude, enjoy'd
+little more than the bare Name of King. They did indeed bear the Title
+according to Custom, _as being of the ancient Regal Race_; but neither
+acted nor disposed of any Thing: The whole Administration and Power of
+the Kingdom, was lodg'd in the Hands of the _Mayor of the Palace_."
+
+Yet in Reading such-like Authorities, we ought to take this Observation
+along with us. That since _Pipin_ and his Sons laboured (as 'tis
+probable they did) under a great Load of Envy, for having violently
+wrested the Royal Dignity from King _Childerick_, they made it their
+Business to find out and employ _plausible ingenious Historians_, who
+magnified the Cowardliness of _Childerick_ and his Predecessors,
+upbraiding them with Sloth and Idleness, beyond what they deserv'd. And
+among such as these, we may reckon _Eguinarthus_, Chancellor to
+_Charles_ the _Great_, and one that did him special Service of this
+Nature; who in the Beginning of his Book writes thus.--"The Family of
+the _Merovingians_, out of which the _Franks_ used to _Elect_ their
+Kings, is supposed to have lasted as long as to _Hilderic_; who by the
+Appointment of Pope _Stephen_, was deposed, shaven, and thrust into a
+Monastery. Now tho' it may be said to have ended in him, yet in Truth,
+for a long Time before, it ceased to have any Value or Excellency,
+bearing the bare empty Title of King. For both the Riches and Power of
+the Kingdom, were at the Disposition of the _Prefects of the Palace_,
+commonly called _Majores Domus_; with whom was also lodg'd the Authority
+of the Empire: Neither was there any Thing left remaining to the King,
+but only that contenting himself with the Title, he should sit on a
+Throne, wearing his Hair and Beard very long, and representing the
+Person of a Ruler; sometimes giving the first and last Audience to
+Ambassadors from Foreign Parts, and returning such Answers as were made
+for him, as if they proceeded immediately from himself. But besides the
+unprofitable Name of a King, and a precarious Allowance for his private
+Expences, (which the Mayor of the Palace was pleased out of Bounty to
+give him) he had nothing that he could call his own, except one Village
+of very small Revenue, where he had a little House, and a few Servants,
+barely sufficient for his necessary Occasions, &c."
+
+_Sigebertus, sub Anno 662._ taking _Eguinarthus_ for his Pattern,
+inveighs against the former Kings in almost the same contumelious Terms.
+"Whose Custom (says he) it was, indeed, to make an Appearance like a
+Prince, according to what had been usual to their Family; but neither to
+act, nor dispose of any thing, only to tarry at Home, and to Eat and
+Drink like Irrational Creatures."--As if the like Sloth and Cowardise
+ought to be imputed to all the former Kings, among whom we nevertheless
+find many brave Men, such as _Clodoveus_, who not only defeated a great
+Army of _Germans_, which had made an Irruption into _France_, in a great
+Battel near _Tolbiacum_; but also drove the Remainder of the _Romans_
+out of the Confines of _Gallia_. What shall we say of _Childebert_ and
+_Clotharius_, who rooted the _Visigoths_ and _Ostrogoths_ out of
+_Provence_ and _Aquitain_, where they had seated themselves? In the
+Histories of all which Princes, there is no Mention made of any _Mayor
+of the Palace_, but cursorily, and by the By, as one of the _King's
+Servants_. This we may see in _Gregorius_, lib 5. cap. 18, where he
+speaks of _Gucilius_, _Lib. 6. cap. 9._ and _cap. 45. Lib. 7. cap.
+49._ And we find this Employment to have been not only in the _King's_
+Palace, but also in the _Queen's_: For the same _Gregorius_, lib. 7.
+cap. 27. mentions one _Waddo_ as _Mayor_ of the _Palace_, in the Court
+of _Queen Riguntha_: And in very many other Places of their Histories,
+we find both _Gregorius_ and _Aimoinus_ making Mention of these _Masters
+of the Court_ and _the King's House_.
+
+Now the first Beginning of the great Authority of these _Praefecti
+Regii_, was (as we told you before) during the Reign of King
+_Clotharius_ the Second, about the Year of our Lord 588. that is, about
+130 Years after the constituting the _Francogallican Kingdom_; which we
+may also learn from the before-mention'd Historian, so often quoted by
+_Venericus_.
+
+Yet there are two other Historians, (tho' not of equal Credit)
+_Sigibertus_ and _Trithemius_, who refer the Beginning of so great a
+Power in the _Mayor of the Palace_, to the Reign of _Clotair_ the Third;
+whose _Magister Palatii_ was one _Ebroinus_, a Man of extraordinary
+Wickedness and Cruelty: But however this may be, we find Historians
+calling them by several other Appellations; such as _Comites Domus
+Regie, Praefecti Aulae, Comites Palatii, &c._
+
+       *       *       *       *       *
+
+
+
+CHAP. XIII.
+
+    _Whether_ Pipin _was created King by the_ Pope, _or by the
+    Authority of the_ Francogallican Council.
+
+
+Having in the former Chapter given an Account, that after the Expulsion
+of _Childerick_, (a stupid Prince, in whom the Line of the Merovingians
+ended) _Pipin_, from being _Mayor of the Palace_, was created _King_; It
+will be worth our Enquiry, to know by whose Authority the Kingdom was
+conferr'd upon him. For _Pope Gelasius_ says thus, _Cap. 75. Quest. 6._
+--"_A Roman Pope_, viz. _Zacharias_, deposed the King of the _Franks_,
+not so much because of his evil Actions, as because he was stupid, and
+unfit for the Exercise of so great a Trust; and in his Stead,
+substituted _Pipin_, Father of _Charles_ the Emperor: Absolving all the
+_Franks_ from the Oath of Allegiance to _Childeric_."
+
+And there is scarce an Author who does not acquiesce in this Testimony
+of one _Pope_, concerning the Power of another: Thus _Ado, Lambertus,
+Rhegino, Sigibertus, Aimoinus, Landulphus_, nay, even _Venericus
+Vercellensis_, (in the Book which we formerly quoted) cites these Words
+out of the Epistle of _Pope Gregory_ the VIIth. to _Herman_ Bishop or
+_Metz_; viz. "A certain _Pope of Rome deposed_ the _King_ of the
+_Franks_ from his Kingdom, nor so much for his Wickedness, as his being
+unfit for so great a Power; and after having absolved all the _Franks_
+from the Oath of Fidelity they had sworn to him, placed _Pipin_ in his
+Room.--Which _Otto Frisingius_, lib. Chron. 5. cap. 23. and _Godfrey_,
+Chron. Part. 17. laying presently hold of, break out into this
+Exclamation--From this Action, the Popes of _Rome_ derive an Authority
+of changing and deposing Princes, &c."
+
+But pray let us enquire whether the Truth of this Story, as to the
+Matter of Fact, be sufficiently proved and attested. For in the first
+Place, 'tis manifest, That _not one_ of all that _great Number of Kings_
+of the _Franks_, which we have instanced to have been Elected or
+Abdicated, was either created or abdicated by the Pope's Authority. On
+the contrary we have irrefragably prov'd, that the whole Right, both of
+_making_ and _deposing_ their Kings, was lodg'd in the yearly _great
+Council_ of the Nation; so that it seems incredible the _Franks_ shou'd
+neglect or forgo their Right, in this single Instance of _Pipin_. But to
+make few Words of this Matter, _Venericus Vercellensis_ gives us the
+Testimony of an ancient Historian, who has written of all the
+_Francogallican_ Affairs; whereby that whole Story of the _Pope_, is
+prov'd to be a Lye: And 'tis clearly demonstrated, that both
+_Childerick_ was deposed, and _Pipin_ chosen in his room, according to
+the _usual_ Custom of the _Franks_, and the _Institutions_ of our
+Ancestors: That is to say, by a _solemn General Council of the Nation_;
+in whose Power _only_ it was, to transact a Matter of so great Weight
+and Moment; as we have before made it appear. The Words of that
+Historian are these:--"That by the _Counsel_, and with the _Consent_ of
+all the _Franks_, (a Relation of this Affair being sent to the
+Apostolick See, and its Advice had) the most noble _Pipin_ was advanced
+to the Throne of the Kingdom, _By the Election of the whole Nation_, the
+Homage of the Nobility, with the Consecration of the Bishops, &c." From
+which Words, 'tis most apparent that _Pipin_ was not appointed King by
+the _Pope_, but by the _People themselves_, and the _States of the
+Realm_. And _Venericus_ explains this Matter out of the same Historian.
+"_Pipin, Mayor_ of the Palace (says he) having all along had the
+Administration of the Regal Power in his Hands, was the first that was
+appointed and elected to be King, from being _Mayor of the Palace_; the
+_Opinion_ of _Pope Zachary_ being first known, because the Consent and
+_Countenance_ of a Pope of _Rome_, was thought necessary in an Affair of
+this Nature."--And presently after he tells us; "The Pope finding that
+what the Ambassadors had deposed was just and profitable, agreed to it;
+and _Pipin_ was made King by the unanimous Suffrages and Votes of the
+Nobility, &c."--To the very same Purpose writes _Ado of Vienna_, AEtat.
+6. _sub Anno 727._--"Ambassadors (says he) were sent to Pope
+_Zacharias_, to propose this Question to him; Whether or no the Kings of
+the _Franks_, who had scarce any _Power_ in their Hands, but contented
+themselves with the bare _Title_, were fit to continue to be _Kings_?"
+To which _Zacharias_ return'd this Answer,--"That he thought the _Person
+who governed_ the Commonwealth, ought rather to have also the _Title_ of
+King: Whereupon the _Franks_, after the Return of the Ambassadors, cast
+out _Childeric_, who then had the Title of King; and by the _Advice_ of
+the _Ambassadors_, and of Pope _Zacharias, Elected Pipin_, and made him
+King."
+
+Besides the above Proofs, we have _Aimoinus's_ Testimony to the same
+Purpose, _lib. 4. cap. 61._ where he concludes thus.--"This Year _Pipin_
+got the Appellation of King of the _Franks_, and according to their
+ancient Customs was elevated to the Royal Throne in the City of
+_Soissons_, &c." Nay, even _Godfrey of Viterbo_ himself; _Chron. part.
+17. cap. 4._ "_Pipin_ (says he) was made King by Pope _Zacharias_, (_ex
+electione Francorum_) through the _Election_ of the _Franks_, _Hilderic_
+their slothful King being, by the _Franks_, thrust into a Monastery."
+
+In like Manner _Sigebertus_, sub Anno 752.--The Authors of the
+_Miscellany History_, lib. 22.--_Otto Frising._ lib. 5. Cap. 21, 22,
+23. And the Author of the Book intituled _Fasciculus temporum_, do all
+clearly agree in the Account given of this Transaction. From which we
+may easily gather, that altho' the _Franks_ did _consult_ the _Pope_
+before they created _Pipin_ King, yet it cannot therefore be any Ways
+inferr'd from thence, that he was made King by the _Pope's Authority_;
+for 'tis one Thing to make a King, and another to give Advice touching
+the making him: 'Tis one Thing to have a Right of Creation, and another
+that of only giving Advice; nay; no Man has a Right of so much as giving
+Advice in Matters of this Nature, but he whose Advice is first ask'd.
+
+Lastly, no Man has more clearly explain'd this whole Matter than
+_Marsilius Patavinus_; who during the Reign of _Lewis_ of _Bavaria_,
+writ a Book--_de translatione imperii_, in which, _Cap. 6._ he has these
+Words.--"_Pipin_, a very valiant Man, and Son of _Charles Martel_, was
+(as we read) raised to the Dignity of being King of the _Franks_, by
+_pope Zacharias_. But _Aimoinus_ more truly informs us, in his History
+of the _franks_, that _Pipin_ was _legally elected_ King by the _Franks_
+themselves, and by the Nobility of the Kingdom was placed in the Throne.
+At the same Time _Childeric_, a dissolute Prince, who contenting himself
+with the bare Title of a King, wasted both his Time and Body in
+Wantonness, was by them shaven for a Monk: So that _Zacharias_ had no
+Hand in the deposing him, but consented (as some say) to those that did.
+For such deposing of a King for just Causes, and electing of another,
+does not belong to any Bishop or Ecclesiastick, nor to any College of
+Clergymen; but to the _whole Body of citizens_ [ad universitatem civium]
+inhabiting that Region, and to the Nobles of it, or to the Majority of
+them both." Therefore those Pretences of the _Popes_, to a Power of
+_creating_ or _abdicating_ Kings, are apparently false to every Body.
+But besides this fabulous Device, which is a sufficient Instance of
+their Wickedness and Malice, I think it worth my while to add a
+remarkable Letter of Pope _Stephen_, adapted to the foregoing Fable; by
+which we may make a judgment of the Madness and folly of that old crafty
+Knave. This Letter is extant in _Rhegino_, a Benedictine Monk, and Abbot
+of _Prunay_, [Footnote: _Abbot Pruniacensis_] an irrefragable Testimony
+in an Affair of this Nature; 'tis in _Chron. anni_ 753.--"_Stephen_ the
+Bishop, Servant of the Servants of God, &c. As no Man ought to boast of
+his Merits, so neither ought the wonderful Works of God which are
+wrought upon his Saints without their Desert, to be buried in Silence,
+but published abroad as the Angel admonished _Tobias_. I being
+constrained thro' the Oppression of the holy Church, by that most
+wicked, blasphemous, and not worthy to be named Wretch, _Aistolphus_, to
+fly for Refuge to that _excellent and faithful Votary of St._ Peter,
+_Lord_ Pipin, the most _Christian_ King, took my Journey into _France_;
+where I fell into a mortal Distemper and remained some Time in the
+District of _Paris_, in the venerable Monastery of St. _Denis_ the
+Martyr. And being now past Hopes of Recovery, methought I was one Day at
+Prayers in the Church of the same blessed Martyr, in a Place under the
+Bells: And that I saw standing before the great Altar our Master
+_Peter_; and that great Master of the _Gentiles_, our Master _Paul_;
+whom I knew very well by their Vestments. And a little after, I saw the
+blessed _Lord Denis_, a tall and slender Man, standing at the Right Hand
+of our Lord _Peter_. And then that good Pastor the Lord _Peter_
+said--This good Brother of ours asks for Health. Then reply'd the
+blessed _Paul_--He shall be healed presently. And thereupon approaching
+to our Lord _Denis_, he amicably put his Hand upon his Breast, and
+look'd back upon our Lord _Peter_, and Lord _Peter_ with a chearful
+Countenance said to our Lord _Denis_, His Health shall be your
+particular Act of Favour. Then presently Lord _Denis_ taking a Censer
+full of Incense, and holding a Branch of Palm-tree in his Hand,
+accompanied with a Presbyter and Deacon, who assisted him, came near to
+me, and said, Peace be with thee, Brother, be not afraid, thou shalt not
+die until thou return in Prosperity to thy own See. Rise and be healed,
+and dedicate this Altar to the Honour of God, and the Apostles St.
+_Peter_ and St. _Paul_, whom thou seest standing before thee, with
+Masses of Thanksgiving. Whereupon I was presently made whole. And being
+about to accomplish that which I was commanded to do, they that were
+present said I was mad. So I related all that I had seen, to them, to
+the King, and all his People, and how I had been cured; and I fulfilled
+all that I was bid to do. These Things happen'd in the 753d Year, from
+the Incarnation of our Lord on the Ides of _August_; at which Time being
+strengthned by the Power of _Christ_, between the Celebration of the
+Consecration of the above-mention'd Altar, and the Oblation of the
+Sacrifice, I anointed King _Pipin_ and his two Sons, _Charles_ and
+_Carloman_, Kings of the _Franks_. Moreover, I laid Hands upon, and
+blessed _Bertranda_ the King's Wife, cloathed with her Royal Mantle, and
+the Grace of the Sevenfold Holy Spirit: And the Nobles of the _Franks_
+being sanctified by the Apostolical Benediction, and the Authority
+delivered by _Christ_ to St. _Peter_, obliged themselves solemnly, and
+protested, That neither they, nor any of their Posterity, wou'd at any
+Time hereafter, presume to constitute any Person, as King over them, but
+only such as were of the Race of King _Pipin_."
+
+       *       *       *       *       *
+
+
+
+CHAP. XIV.
+
+    _Of the_ Constable, _and_ Peers _of_ France.
+
+
+Besides the great Office of _Mayor_ of the _Palace_ before spoken of,
+there was another which we must take Notice of; because it seems, in the
+Memory of our Forefathers, to have succeeded in Place of the former: And
+that was the Office of _Count_ of the _King's Stable_; called at first,
+_Comes stabuli_; and by Corruption at last, _Connestabuli_. Now all
+those who enjoy'd any extraordinary Honours or Employments in the King's
+Court, and assisted in the Administration of the Commonwealth, were
+commonly called _Comites, Counts_; which was likewise the Custom of the
+Ancients, as I have in some other of my Works demonstrated. So _Cicero_,
+in many Places, calls _Callisthenes, Comitem Alexandri magni_. This
+_Comes stabuli_ was in a Manner the same with the _Magister Equitum_
+among the _Romans_, that is, _General_ of the _Horse_; to whom were
+subject those Keepers of the Horses commonly called _Querries_. _Greg.
+Turen_ lib. 5. cap. 39. says,--"The Treasurer of _Clodoveus_ being taken
+out of the City of _Bourges_, by _Cuppan_, _Count_ of the _Stable_, was
+sent in Bonds to the Queen, &c." And again, _cap._ 48. where he speaks
+of _Leudastes_,--"She took him (says he) into Favour, rais'd him, and
+made him Keeper of the best Horses; which so filled him with Pride and
+Vanity, that he put in for the _Constableship_; [_Comitatum Stabuloram_]
+and having got it, began to despise and undervalue every Body." From
+these Quotations it appears, that tho' the Custody of the Horses was a
+very honourable Employment, yet 'twas much inferior to that of
+_Constable_. _Aimoinus_, lib. 3. cap. 43. gives the same Account of this
+_Leudastes_.--"Being grown very intimate with the Queen, he was first
+made Keeper of the Horse; and afterwards obtaining the Constableship
+above the rest of the Keepers, he was (after the Queen's Death) made by
+King _Charibert_, _Count_ of _Tours_." And _cap._ 70. "_Leudegesilus_,
+Praefect of the King's Horses, whom they commonly call _Constable_,
+being made General of that Expedition by the King, order'd the Engines
+to be drawn down &c." Also _lib._ 4. _cap_, 95. where he speaks of
+_Charles_ the Great,--"The same Year (says he) he sent _Burchard,
+Comitem Stabuli sui_, which we corruptly call _Constabulum_, with a
+Fleet against _Corsica_"--. The Appendix to _Gregory_ calls him,
+_Comestabulum, lib._ II. _Brunechildis_ (says he) was brought out of the
+Village, _ab exporre Comestabulo_.
+
+This being so, _Albertus Krantzius_, lib. Suet. 5. cap. 41. ventures to
+affirm, that this _Constable_ was the same with what the _Germans_ call
+_Mareschal_. "They named (says he) a _Governor_, one of the best
+Soldiers, who might have the Power of Convocating the _Assembly_ of the
+Kingdom, and of acting in all Matters like the _Prince_. Our
+_Countrymen_ call him a _Mareschal_, the French call him _Constable_,
+&c." This seems the more probable, because I do not remember any Mention
+to have been made in ancient Times, of a _Mareschal_ in our
+_Francogallia_; so that 'tis very likely to have been an Institution of
+our latter Kings, accommodated to the Custom of the _Germans_.
+
+That this _Comitatus Stabulorum_, a _Constableship_, had its Rise from
+the Institution of the _Roman Emperors_, I do not at all question;
+altho' it grew by Degrees among us from slender Beginnings, to the
+Heighth of chief _Governor_ of the _Palace_. In former Times that
+Dignity was a Sort of _Tribunatus Militaris. Ammianus_, lib. 26. has
+this Expression where he speaks of _Valentinian_ the Emperor,--"Having
+fixed his Stages, or Days Journeys, he at last entred into _Nicomedia_;
+and about the Kalends of _March_, appointed his Brother _Valens_ to be
+Governor of his Stables, _cum tribunatus dignitate_, with _tribunitial
+Dignity_." What Kind of Dignity that was, we may find in the Code of
+_Justinian_, lib. 1. Cod. _de comitibus & tribunis Schol._ Where 'tis
+reckoned as a great Honour for them to preside over the Emperor's
+Banquets, when they might adore his Purple. Also in _lib. 3. Cod.
+Theodos. de annon. & tribut, perpensa, 29. Cod. Theod. de equorum
+Collatione & lib. 1. Cod. Theod._ wherein we may find a Power allowed
+them, of exacting Contribution to a certain Value from the Provincials
+who were to furnish War-Horses for the Emperor's Service.
+
+It now remains that we discourse a little of those Magistrates, which
+were commonly called _Peers_ of _France_; whereof we can find no Records
+or Monuments, tho' our Endeavours have not been wanting. For among so
+great a Number of Books, as are called Chronicles and Annals of
+_Francogallia_, not one affords us any probable Account of this
+Institution. For what _Gaguinus_, and _Paulus AEmilius_ (who was not so
+much an Historian of _French_ Affairs, as of the _Pope's_) and other
+common Writers do affirm, to wit, That those Magistrates were instituted
+by _Pipin_ or _Charlemagn_, appears plainly to be absurd; because not
+one of all the _German_ Historians, who wrote during the Reigns of those
+Kings, or for some Time after, makes the least Mention of those
+Magistrates. _Aimoinus_ himself who wrote a History of the Military
+Atchievements and Institutions of the _Franks_, down to the Reign of
+_Lewis the Pious_, and the _Appendix_, which reaches as far as the Time
+of _Lewis the Younger_, being the 37th King, speak not one Word of these
+_Peers_ in any Place of their Histories; so that till I am better
+inform'd, I must concur in Opinion with _Gervase_ of _Tilbury_, who (as
+_Gaguinus_ says in the Book which he wrote to the Emperor _Otho_ the
+IVth, _de otiis imperialibus_) affirms. That this Institution is first
+owing to King _Arthur_ of _Britain_, who ruled some time in Part of
+_France_.
+
+For I suppose the Original of that Institution to be this; that as in
+the _Feudal_ Law such are called, _Pares curie beneficiari_, i. e. _equal
+Tenants by Homage of the Court_, or _Clientes [Greek: omotimoi],
+Clients of like holding_, or _Convassilli, Fellow Vassals_, who
+hold their _Fiefs_ and _Benefices_ from one and the same _Lord_ and
+_Patron_; and upon that Account are bound to him in _Fealty_ and
+Obedience: just so King _Arthur_ having acquired a new Principality,
+selected _twelve great Men_, to whom he distributed the several Parts
+and _Satrapies_ of his Kingdom, whole Assistance and Advice he made use
+of in the Administration of the Government. For I cannot approve of
+their Judgment, who write, that they were called _Peers_, because they
+were _Pares Regi_, the _King's Equals_; since their Parity his no
+Relation to the _Regal Dignity_, but only to that Authority and Dignity
+they had agreed should be common among them. Their Names were these, the
+_Dukes of Burgundy, Normandy_, and _Aquitain_; the _Counts_ of
+_Flanders, Tholouse_, and _Champagne_; the _Archbishops_ of _Rheims,
+Laon_, and _Langres_; the _Bishops_ of _Beauvais, Noyon_, and _Chalons_.
+And as the _Pares Curtis_, or _Curie_, in the _Feudal_ Law, can neither
+be created, but by the Consent of the Fraternity; nor _abdicated_, but
+by Tryal before their Colleagues; nor _impeach'd_ before any other Court
+of Judicature; so these _Peers_ were not bound by any judgment or
+Sentence, but that of the _Parliament_, that is, of this imaginary
+Council; nor could be _elected_ into the _Society_, or _ejected_ out of
+it, but by their _Fellows in Collegio_.
+
+Now altho' this Magistracy might owe its Original to a foreign Prince;
+yet when he was driven out, the succeeding Kings finding it accommodated
+to their own Ends and Conveniences, ('tis most probable) continued and
+made use of it. The first mention I find made of these _Peers_, was at
+the Inauguration of _Philip the Fair_, by whom also (as many affirm) the
+Six _Ecclestastical Peers_ were first created.
+
+But _Budaeus_, an extraordinary Learned Man, calls these _Peers_ by the
+Name of _Patritians_; and is of Opinion that they were instituted by one
+of our Kings, who was at the same Time _Emperor_ of _Germany_; because,
+_Justinian_ says, those _Patres_ were chosen by the _Emperor_, _quasi
+Reipub. patronos tutoresque_, as it were _Patrons_ and _Tutors_ of the
+Commonwealth. I do not reject this Opinion of that Learned Person; such
+a Thing being very agreeable to the Dignity of these _Peers_. For in the
+Times of the later _Roman Emperors_, we find the _Patritian_ Dignity not
+to have been very unlike that of the _Peers_; because (as _Suidas_
+assures us,) they were (partly) the _Fathers of the_ Republick, and were
+of _Council_ with the Emperor in all weighty Concerns, and made use of
+the same Ensigns of Authority with the _Consuls_; and had greater Honour
+and Power than the _Praefectus Praetorio_, tho' less than the _Consul_;
+as we may learn _ex Justiniani Novellis_; from _Sidon. Apollin.
+Claudian_; and _Cassiadorus_ especially.
+
+But when the _Empire_ was transferr'd to the _Germans_, we do not
+believe this Honour was in use among them. Neither is it likely, that
+none of the _German_ Historians should have made the least Mention
+of it, if any _Patritians_ of that Kind had been instituted by a
+_German_ Emperor, who at the same Time was King of _Francogallia_.
+
+Lastly, The same _Budaeus_ tells us in that Place, tho' a little
+doubtingly, that the like Dignity of _Peers_ had been made use of in
+other neighbouring Nations; and that in the _Royal Commentaries, Anno_
+1224, 'tis found written, that a certain Gentleman of _Flanders_, called
+_Joannes Nigellanus_, having, a Controversy there, appeal'd from the
+_Countess_ of _Flanders_ to the _Peers_ of _France_; having first taken
+his Oath that he could not expect a fair and equal Tryal before the
+_Peers_ of _Flanders_. And when afterwards the Cause was by the
+_Countess_ revok'd to the judgment of the _Peers_ of _Flanders_, it was
+at Length for certain Reasons decreed, that the _Peers_ of _France_
+should take Cognisance of it. What the Reasons were of transferring,
+that Tryal, _Budaeus_ does not tell us; which one versed in the _Feudal_
+Laws should never have omitted. But 'tis Time to return to our principal
+Business.
+
+       *       *       *       *       *
+
+
+
+CHAP. XV.
+
+    _Of the_ continued _Authority and Power of the_ Sacred
+    Council, _during the Reign of the_ Carlovingian _Family_.
+
+
+We have, as we suppose, sufficiently explain'd what was the Form and
+Constitution of our Commonwealth, and how great the Authority of the
+_Publick Council_ was during the Reigns of the Kings of the
+_Merovingian_ Family. We must now proceed to give an Account of it under
+the _Carlovingian_ Race. And as well all our _own_ as the _German_
+Historians, give us Reason to believe that the very same _Power_ and
+_Authority_ of the _Orders_ or _States_ of the Kingdom, was kept entire.
+So that the last Resort and Disposal of all Things, was not lodged in
+_Pipin_, _Charles_, or _Lewis_, but in the _Regal Majesty_. The true and
+proper Seat of which was (as is above demonstrated) in the _Annual
+General Council_. Of this _Eguinarthus_ gives us an Account, in that
+little Book we have already so much commended. Where, speaking of what
+happen'd after the Death of _Pipin_, he tells us, "that the _Franks_
+having solemnly assembled their general Convention, did therein
+constitute both _Pipin_'s Sons their Kings, upon this Condition, That
+they should equally divide the whole Body of the Kingdom between them;
+and that _Charles_ should govern that Part of it which their Father
+_Pipin_ had possess'd, and _Carlomannus_ the other Part which their
+Uncle _Carlomannus_ had enjoy'd, &c." From whence 'tis easily inferr'd,
+that the _States_ of the Kingdom still retain'd in themselves the same
+Power, which they had always hitherto been in Possession of (during near
+300 Years) in the Reigns of the _Merovingian_ Kings. So that altho' the
+deceased King left Sons behind him, yet there _came not_ to the Crown so
+much thro' any _Right of Succession_, as thro' the _Appointment_ and
+_Election_ of the _States_ of the _Realm_. Now that all the other
+weighty Affairs of the Nation used to be determined by the same _General
+Council_, _Aimoinus_ is our Witness, _lib._ 4. _cap._ 71. where he
+speaks of the War with the _Saxons_. "The King (says he) in the
+Beginning of the Spring went to _Nimeguen_; and because he was to hold a
+General Convention of his People at a Place called _Paderburn_, he
+marched from thence with a great Army into _Saxony_." And again, _cap._
+77.--"Winter being over, he held a Publick Convention of his People in a
+Town called _Paderburn_, according to the _yearly Custom_." Also _cap._
+79.--"And meeting with his Wife in the City of _Wormes_, he resolved to
+hold there the _General Council_ of his People." In all which Places he
+speaks of that _Charles_, who thro' his warlike Atchievements had
+acquired the Dominion of almost all _Europe_, and by the universal
+Consent of Nations had obtained the Sirname of the _Great_: Yet for all
+that it was not in his Power to deprive the _Franks_ of their _ancient
+Right and Liberty_. Nay, he never so much as endeavour'd to undertake
+the least Matter of Moment without the _Advice_ and _Authority_ of his
+_People_ and _Nobles_. And there is no doubt of it, after _Charles_'s
+Death, _Lewis_ his Son administred the Kingdom upon the same Terms and
+Conditions. For the _Appendix_ to _Aimoinus_, lib. 5. cap. 10. tells us,
+that when _Charles_ was dead, _Lewis_ the Emperor, thro' a certain Kind
+of Foreknowledge, summon'd the general Council of his People to meet at
+_Doue_, near the _Loire_. And again, _cap._ 38. where he makes Mention
+of the Articles of Peace, concluded between King _Lewis_ and his Cousin
+_Lewis_, "--They summoned, says he, a PLACITUM, and in that PLACITUM, by
+the Advice and Consent of their faithful Subjects, they agreed to
+observe and keep the Articles which follow. In which _Placitum_ it was
+also by common Consent found convenient, that both Kings should return
+with a Guard [_redirent cum scara_] _&c._" Also _cap._ 41. where he
+speaks of _Carloman_ the Son of _Lewis the Stammerer_,--"And so (says
+he) he departed from the _Normans_, and returned to _Wormes_, where he
+was on the Kalends of _November_ to _hold his Placitum_." Also in the
+following Chapter, where he speaks of _Charles_ the Simple,--"Whose
+Youth (says he) the great Men of _France_ thinking unfit for the
+Administration of the Government, they held a _Council_ concerning the
+State of the Nation."
+
+But it would be an infinite Labour, and indeed a superfluous one, to
+quote all the Instances which might be given of this Matter: From what
+we have already produced, I think 'tis apparent to every man, that till
+_Charles_ the _Simple_'s Reign, that is, for more than 550 Years, the
+Judgment and Determination of all the weighty Affairs of the
+Commonwealth, belonged to the _great Assembly_ of the _People_, or (as
+we now call it) to the _Convention of the Estates_: And that this
+Institution of our Ancestors was esteemed _sacred_ and _inviolable_
+during so many Ages. So that I cannot forbear admiring the Confidence of
+some Modern Authors, who have had the Face to publish in their Writings,
+That King _Pipin_ was the first to whom the Institution of the _Publick
+Council_ is owing. Since _Eguinarthus_, _Charles_ the _Great_'s own
+_Chancellor_, has most clearly proved, that it was the constant Practice
+of the whole _Merovingian Line_, to hold every Year the _Publick
+Convention_ of the People on the _Kalends_ of _May_; and that the
+_Kings_ were carried to that Assembly in a Chariot or Waggon drawn by
+Oxen.
+
+But to come to a Matter of greater Consequence, wherein the Prudence and
+Wisdom of our Ancestors does most clearly shew it self. Is it not
+apparent how great and manifest a Distinction they made between the King
+and the Kingdom? For thus the Case stands. The _King_ is one principal
+Single _Person_; but the _Kingdom_ is the whole Body of the _Citizens_
+and _Subjects_. "And _Ulpian_ defines him to be a Traytor, who is
+stirred up with a Hostile Mind against the Commonwealth, or against the
+Prince." And in the _Saxon_ Laws, _Tit._ 3. 'tis Written, "Whosoever
+shall contrive any Thing against the Kingdom, or the King of the
+_Franks_, shall lose his Head."--And again, "The King has the same
+Relation to the Kingdom that a Father has to his Family; a Tutor to his
+Pupil; a Guardian to his Ward; a Pilot to his Ship, or a General to his
+Army."--As therefore a Pupil is not appointed for the Sake of his Tutor,
+nor a Ship for the Sake of the Pilot, nor an Army for the Sake of a
+General, but on the contrary, all these are made such for the Sake of
+those they have in Charge: Even so the _People_ is not designed for the
+Sake of the _King_; but the King is sought out and instituted for the
+Peoples Sake. For a _People_ can subsist without a King, and be governed
+by its Nobility, or by it Self: But 'tis even impossible to conceive a
+Thought of a _King_ without a _People_. Let us consider more Differences
+between them. A _King_ as well as any private Person is a Mortal Man. A
+_Kingdom_ is perpetual, and consider'd as immortal; as Civilians use to
+say, when they speak of Corporations, and aggregate Bodies. A _King_ may
+be a Fool or Madman, like our _Charles_ VI who gave away his Kingdom to
+the _English_: Neither is there any Sort of Men more easily cast down
+from a Sound State of Mind, through the Blandishments of unlawful
+Pleasures and Luxury. But a _Kingdom_ has within it self a perpetual and
+sure Principle of Safety in the Wisdom of its Senators, and of Persons
+well skill'd in Affairs. A _King_ in one Battel, in one Day may be
+overcome, or taken Prisoner and carried away Captive by the Enemy; as it
+happen'd to St. _Lewis_, to King _John_, and to _Francis_ the First. But
+a _Kingdom_ though it has lost its _King_, remains entire; and
+immediately upon such a Misfortune a Convention is call'd, and proper
+Remedies are sought by the chief Men of the Nation against the present
+Mischiefs; Which we know has been done upon like Accidents. A _King_,
+either through Infirmities of Age, of Levity of Mind, may not only be
+missed by some covetous, rapacious or lustful Counsellor; may not only
+be seduced and depraved by debauch'd Youths of Quality, or of equal Age
+with himself; may be infatuated by a silly Wench, so far as to deliver
+and fling up the Reins of Government wholly into her Power. Few Persons,
+I suppose, are ignorant how many sad Examples we have of these
+Mischiefs: But a _Kingdom_ is continually supplied with the Wisdom and
+Advice of the grave Persons that are in it. _Solomon_, the wisest of
+Mankind, was in his old Age seduced by Harlots; _Rehoboam_, by young
+Men; _Ninus_, by his own Mother _Semiramis_; _Ptolomaeus_ sirnamed
+_Auletes_, by _Harpers_ and _Pipers_. Our Ancestors left to their Kings
+the Choice of their own Privy-Counsellors, who might advice them in the
+Management of their private Affairs; but such Senators as were to
+consult in common, and take care of the publick Administration, and
+instruct the King in the Government of his Kingdom, they reserved to the
+Designation of the _Publick Convention_.
+
+In the Year 1356: after King _John_ had been taken Prisoner by the
+_English_, and carried into _England_, a Publick Council of the Kingdom
+was held at _Paris_. And when some of the King's Privy-Counsellors
+appeared at that Convention, they were commanded to leave the Assembly;
+and it was openly declared, that the Deputies of the Publick Council
+wou'd meet no more, if those Privy-Counsellors shou'd hereafter presume
+to approach that Sanctuary of the Kingdom. Which Instance is recorded in
+the Great Chronicle writ in _French_, Vol. 2. _sub Rege Johanne_, fol.
+169. Neither has there ever yet been any Age wherein this plain
+Distinction between a _King_ and a _Kingdom_, has not been observed. The
+_King_ of the _Lacedemonians_ (as _Xenophon_ assures us) and the
+_Ephori_, renewed _every Month_ a mutual _Oath_ between each other; the
+_King_ swore that he wou'd govern according to the written Laws; and the
+_Ephori_ swore that they wou'd preserve the Royal Dignity, provided he
+kept his Oath. _Cicero_, in one of his Epistles to _Brutus_, writes:
+"Thou knowest that I was always of Opinion, that our Commonwealth ought
+not only to be deliver'd from a _King_, but even from _Kingship_, Scis
+mihi semper placuisse non _Rege_ folum, sed _Regno_ liberari
+rempublicam."--Also in his Third Book _de Legibus_--"But because a Regal
+State in our Commonwealth, once indeed approved of, was abolish'd, not
+so much upon the Account of the Faults of a _Kingly_ Government, as of
+the _Kings_ who governed; it may seem that only the Name of a _King_ was
+then abolish'd, &c."
+
+       *       *       *       *       *
+
+
+
+CHAP. XVI.
+
+    _Of the_ Capevingian _Race, and the Manner of its
+    obtaining the Kingdom of_ Francogallia.
+
+
+It has been already shewn, that the Kingdom of _Francogallia_ continued
+in Three Families only, during One Thousand Two Hundred Years. Whereof
+the first was called the _Merovingian_ Family. The second, the
+_Carlovingian_, from the Names of their Founders or Beginners. For
+altho' (as we have often told you) the Succession to the Kingdom was not
+conferred as _Hereditary_ Right, but according to the Appointment of the
+_General Council_; yet the _Franks_ were so far willing to retain the
+Custom of their Progenitors the _Germans_, (who as _Tacitus_ tells us,
+chuse their _Kings_ for their _Nobility_, and their _Generals_ for their
+_Valour_) that for the most Part they elected such Kings as were of the
+Blood _Royal_, and had been educated in a Regal Manner, whether they
+were the Children, or some other Degree of Kindred to the Royal Family.
+
+But in the Year 987, after the Death of _Lewis_ the Fifth, who was the
+31st King of _Francogallia_, and the 12th of the _Carlovingian_ Line,
+there hapned a Migration or Translation of the Royal Scepter, and a
+Change of the Kingdom. For when there remained no Person alive of the
+former Family but _Charles Duke of Lorrain_, Uncle to the deceased King,
+to whom the Succession to the Kingdom, by ancient Custom seemed to be
+due; there arose up one _Hugh Capet_, Nephew to _Hauvida_, Sister to the
+Emperor _Otho_ the First, and Son to _Hugh_ Earl of _Paris_; a Man of
+great Reputation for Valour, who alledged, that he being present upon
+the Place, and having deserved extraordinary well of his Country, ought
+to be preferred to a Stranger, who was absent. For there having hapned
+some Controversies between the _Empire of Germany_, and the Kingdom of
+_France_; _Charles_ upon Occasion had shewn himself partial for the
+_Empire_ against _France_, and upon that Score had lost the Affections
+of most of the _French_. Whereupon _Charles_ having raised an Army, made
+an Irruption into _France_, and took several Cities by Composition.
+_Capet_ relying on the Friendship and Favour of the _Francogallican_
+Nobles, got together what Forces he cou'd, and went to meet him at
+_Laon_, a Town in the Borders of _Champagne_; and not long after a
+bloody Battel was fought between them, wherein _Capet_ was routed, and
+forced to fly into the innermost Parts of _France_; where he began again
+to raise Men in Order to renew the War. In the mean Time _Charles_
+having dismiss'd his Army, kept himself quiet in the Town of _Laon_ with
+his Wife; but in the Year following he was on a sudden surrounded by
+_Capet_, who besieged the Town with a great Army.
+
+There was in the Place one _Anselmus_, Bishop of the City. _Capet_ found
+Means to corrupt this Man by great Gifts and Promises, and to induce him
+to betray both the Town and the King into his Hands; which was
+accordingly done. And thus having obtained both the City and the
+Victory, he sent _Charles_ and his Wife Prisoners to _Orleans_, where he
+set strict Guards over them. The King having been two Years in Prison,
+had two Sons born to him there, _Lewis_ and _Charles_; but not long
+after they all died. So that _Capet_ being now Master of the whole
+Kingdom of _France_ without Dispute or Trouble, associated his Son
+_Robert_ with him in the Throne, and took care to get him declared his
+Successor. Thus the Dignity and Memory of the _Carlovingian_ Family came
+to an End, the 237th Year after the first Beginning of their Reign. And
+this History is recorded by _Sigebert_ in _Chron._ Ann. 987. as well as
+the _Appendix_, lib. 5. cap. 45.
+
+We must not omit making Mention of the _cunning Device_ made use of by
+_Hugh Capet_, for establishing himself in his new Dominion: For whereas
+all the Magistracies and Honours of the Kingdom, such as _Dukedoms,
+Earldoms_, &c. had been hitherto from ancient Times conferr'd upon
+select and deserving Persons in the General _Conventions_ of the
+_People_, and were held only during good _behaviour_; whereof (as the
+Lawyers express it) they were but _Beneficiaries_; _Hugh Capet_, in
+order to secure to himself the Affections of the Great Men, was the
+first that made those _Honours perpetual_, which formerly were but
+_temporary_; and ordained, that such as obtained them shou'd have a
+hereditary Right in them, and might leave them to their Children and
+Posterity in like Manner as their other Estates. Of this, see
+_Franciscus Conanus_ the Civilian, _Comment. 2. Cap. 9._ By which
+notorious fact, 'tis plain, that a great Branch of the _Publick
+Council's_ Authority was torn away; which however (to any Man who
+seriously considers the Circumstances of those Times) seems impossible
+to have been affected by him alone, without the Consent of that _Great
+Council_ it self.
+
+       *       *       *       *       *
+
+
+
+CHAP. XVII.
+
+    _Of the uninterrupted Authority of the_ Publick Council
+    _during the_ Capevingian _Race_.
+
+
+We may learn, out of _Froissard, Monstrellet, Gaguinus, Commines,
+Gillius_, and all the other Historians who have written concerning these
+Times, that the Authority of the Publick Council was little or nothing
+less in the Time of the _Capevingian_ Family than it had been during the
+two former Races. But because it would be too troublesome, and almost an
+infinite Labour to quote every Instance of this Nature, we shall only
+chose some few of the most remarkable Examples out of a vast Number
+which we might produce.
+
+And the first shall be, what hapned in the Year 1328. When _Charles_ the
+_Fair_ dying without Issue Male, and leaving a Posthumous Daughter
+behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of
+_Charles_, claimed the Kingdom of _France_ as belonging to him of Right.
+Now there could be no Trial of greater Importance, nor more illustrious,
+brought before the _Publick Council_, than a Controversy of this Kind.
+And because it was decided there, and both Kings did submit themselves
+to the Judgment and Determination of the Council, 'tis an irrefragable
+Argument, that the _Authority_ of the _Council_ was greater than that of
+both Kings. This Fact is recorded not only by all our own Historians,
+but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19.
+Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I.
+has left it on Record, (grounded, no doubt, upon sufficient
+Authorities,) "That both Kings were present at that _Council_, when the
+Matter was almost brought to an open Rupture; by the Advice of the
+_Nobles_, a _General Convention_ of the _People_ and _States_ was
+summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the
+Father's Side, ought to have the Preference; and that the Custody of the
+Queen, then great with Child, shou'd be given to _Valois_; to whom also
+the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a
+Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_
+Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_,
+have published.
+
+The Year 1356, furnishes us with another Example; at which Time King
+_John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and
+carried into _England_.--"After so great a Calamity, the only Hopes left
+were in the Authority of the _Great Council_; therefore immediately a
+Parliament was summon'd to meet at _Paris_. And altho' King _John_'s
+Three Sons, _Charles_, _Lewis_ and _John_, were at Hand, the eldest of
+which was of competent Age to govern; yet other Men were chosen, to wit,
+_twelve approved Persons_ out of each _Order_ of the _States_, to whom
+the Management of the Kingdom's Affairs was intrusted; and there it was
+decreed, that an Embassy shou'd be sent into _England_ to treat of Peace
+with the _English_." _Froissard_, Vol. I. cap. 170. _Joannes Buchettus_,
+lib. 4. fol. 118. _Nich. Gillius_ in Chron. _Regis Joannis_, are our
+Authors.
+
+A third Instance we have _Anno_ 1375, when the last Will and Testament
+of _Charles_ the Fifth, Surnamed the _Wise_, was produced: By which Will
+he had appointed his Wife's Brother, _Philip_ Duke of _Bourbon_, to be
+Guardian to his Sons, and _Lewis_ Duke of _Anjou_ his own Brother, to be
+Administrator of the Kingdom till such Time as his Son _Charles_ shou'd
+come of Age. But notwithstanding this, a _Great Council_ was held at
+_Paris_, wherein (after declaring the Testament to be void and null) it
+was decreed, that the _Administration_ of the Kingdom shou'd be
+committed to _Lewis_, the Boy's Uncle: "_But upon this Condition, that
+he_ should be _ruled and governed_ in that _Administration, by the
+Advice of certain Persons named and approv'd by the_ Council." The
+Education and Tutelage of the Child was left to _Bourbon_; and at the
+same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd
+as soon as he shou'd be full 14 Years old, and receive the Homage and
+Oath of Fidelity from his Subjects.--_Froissard_, Vol. 2. cap. 60.
+_Buchett_, lib. 4. fol. 124. Chro. Brit. Cap.
+
+A 4th Example we have in the Year 1392; at which Time the same _Charles_
+the Sixth was taken with a sudden Distraction or Madness, and was
+convey'd first to _Mans_, and afterwards to _Paris_; and there a
+_General Council_ was held, wherein it was decreed by the _Authority of
+the States_, that the _Administration_ of the _Kingdom_ shou'd be
+committed to the Dukes of _Aquitain_ and _Burgundy_.--_Froissard_, Vol.
+4. cap. 44. is our Author.
+
+5. Neither must we omit what _Paponius_ (Arrest. lib. 5. tit. 10. Art.
+4.) testifies to have been declared by the _Parliament_ at _Paris_,
+within the Compass of almost our own Memories, when _Francis_ the First
+had a Mind to alienate Part of his Dominions; _viz._ "That all
+Alienations of that Kind made by any of his Predecessors, were void and
+null in themselves; upon this very Account, that they were done _without
+the Authority of the Great Council_, and of _the Three Estates_," as he
+calls them.
+
+A 6th Example we have in the Year 1426, when _Philip_ Duke of
+_Burgundy_, and _Hanfred_ [Dux _Glocestriae_] were at mortal Enmity with
+each other, to the great Detriment of the Commonwealth and it was at
+last agreed between them to determine their Quarrel by single Combat:
+For in that Contention the _Great Council_ interposed its Authority, and
+decreed that both shou'd lay down their Arms, and submit to have their
+Controversies _judicially tryed_ before the _Council_, rather than
+_disputed_ with the _Sword_. Which History is related at large by
+_Paradinus_, in _Chron. Burgund. lib._ 3. _Anno_ 1426.
+
+A 7th Example happned in the Year 1484, when _Lewis the Eleventh_ dying,
+and leaving his Son _Charles_, a Boy of 13 Years old; a _Council_ was
+held at _Tours_, wherein it was decreed, "The Education of the Boy
+shou'd be committed to _Anne_ the King's Sister;" but the Administration
+of the Kingdom shou'd be intrusted to certain Persons _Elected and
+approved by that Council_; notwithstanding _Lewis_, Duke of _Orleans_,
+the next Kinsman by the Father's Side, demanded it as his Right. A
+Testimony of which Transaction is extant in the Acts of that _Council_,
+printed at _Paris_; and in _Joannes Buchettus_ 4th Book, folio 167.
+
+       *       *       *       *       *
+
+
+
+CHAP. XVIII.
+
+    _Of the Remarkable Authority of the_ Council _against_
+    Lewis _the_ Eleventh.
+
+
+The _Power_ and _Authority_ of the _Council_ and the _Estates_
+assembled, appears by the foregoing Testimonies to have been very great,
+and indeed (as it were) _Sacred_. But because we are now giving Examples
+of this Power, we will not omit a signal Instance of the _Authority_ of
+this _Council_, which interposed it self in the Memory of our Fathers
+against _Lewis the Eleventh_, who was reputed more crafty and cunning
+than any of the Kings that had ever been before him.
+
+In the Year 1460, when this _Lewis_ governed the Kingdom in such a
+Manner, that in many Cases the Duty of a good Prince, and a Lover of his
+Country, was wanting; the People began to desire the Assistance and
+_Authority_ of the Great _Council_, that some Care might therein be
+taken of the Publick Welfare; and because it was suspected the King
+wou'd not submit himself to it, the _Great Men_ of the Kingdom (stirred
+up by the daily Complaints and Solicitations of the _Commons_,)
+"resolv'd to gather Forces, and raise an _Army_; that (as _Philip de
+Comines_ expresses it) they might provide for the _Publick Good_, and
+expose the King's wicked Administration of the Commonwealth." They
+therefore agreed to be ready prepared with a good Army, that in Case the
+King should prove refractory, and refuse to follow good Advice, they
+might _compel him by Force_: For which Reason that War was said to have
+been undertaken for the Publick Good, and was commonly called the War
+_du bien public_. "_Comines_, _Gillius_, and _Lamarc_, have recorded the
+Names of those Great Men who were the principal Leaders, the _Duke of
+Bourbon_, the _Duke of Berry_, the King's Brother; the _Counts of
+Dunois_, _Nevers_, _Armagnac_, and _Albret_, and the _Duke_ of
+_Charalois_, who was the Person most concern'd in what related to the
+Government. Whereever they marched, they caused it to be proclaimed,
+that their Undertakings were only design'd for the _Publick_ Good; they
+published Freedom from Taxes and Tributes, and sent Ambassadors with
+Letters to the _Parliament_ at _Paris_, to the Ecclesiasticks, and to
+the Rector of the University, desiring them not to suspect or imagine
+these Forces were rais'd for the King's Destruction, but only to reclaim
+him, and make him perform the _Office_ of a _Good King_, as the present
+Necessities of the _Publick_ required."--These are _Gillius_'s Words,
+lib. 4. fol. 152.
+
+The Annals intituled the Chronicles of _Lewis the Eleventh_, printed at
+_Paris_ by _Galliottus_ fol. 27. have these Words.----"The first and
+chiefest of their Demands was, That a _Convention_ of the _Three
+States_ should be held; _because in all Ages it had been found to be the
+only proper Remedy for all Evils, and to have always had a Force
+sufficient to heal such sort of Mischiefs_."--Again, Pag. 28. "An
+Assembly was called on Purpose to hear the Ambassadors of the Great Men,
+and met on the 24th Day in the Town-House at _Paris_; at which were
+present some Chosen Men of the University, of the Parliament, and of the
+Magistrates. The Answer given the Ambassadors, was, That _what they
+demanded was most just_; and accordingly a _Council_ of the _Three
+Estates_ was summon'd."--These are the Words of that Historian.--From
+whence the Old Saying of _Marcus Antoninus_ appears to be most
+true.--"Etsi omnes molestae semper seditiones sunt, justas tamen esse
+nonnullas, & prope necessarias: eas vero justissimas maximeque
+necessarias videri, cum populus Tyranni saevitia oppressus auxilium a
+legitimo Civium conventu implorat. Altho' all Sorts of Seditions are
+troublesome, yet some of them are just, and in a Manner necessary; but
+those are extraordinary just and necessary, which are occasion'd when
+the People oppress'd by the Cruelty of a Tyrant, implores the Assistance
+of a Lawful Convention."
+
+_Gaguinus_, in his Life of _Lewis_ the _Eleventh_, pag. 265. gives us
+_Charles_, the Duke of _Burgundy's_ Answer to that King's Ambassadors.
+"_Charles_ (says he) heard the Ambassadors patiently, but made Answer,
+That he knew no Method so proper to restore a firm Peace, at a Time when
+such great Animosities, and so many Disorders of the War were to be
+composed, as a _Convention of the Three Estates_. Which when the
+Ambassadors had by Special Messengers communicated to King _Lewis_, he
+hoping to gain his Point by Delays, summon'd the _Great Council_ to meet
+at _Tours_, on the Kalends of _April_ 1467; and at the appointed Time
+for the _Convention_, they came from all Parts of the Kingdom, &c."
+
+The same Passage, and in almost the same Words, is recorded in the Book
+of Annals, _fol. 64._ and in the Great Chronicle, _Vol. 4. fol. 242._
+where these very remarkable Words are further added.--"In that Council
+it was appointed, that certain approved Men shou'd be chosen out of each
+of the _Estates_, who shou'd establish the Commonwealth, and take care
+that Right and Justice shou'd be done." But _Gillius_ in the Place
+above-mention'd says: "After the Battel at _Montlebery_, many
+well-affected and prudent Men were elected to be _Guardians_ of the
+_Publick Good_, according as it had been _agreed_ upon between the
+_King_ and the _Nobles_; among whom the Count of _Dunois_ was the
+Principal, as having been the chief Promoter of that Rising."--For it
+had grown into Custom after the Wealth of the _Ecclesiasticks_ was
+_excessively_ increas'd, to divide the People into Three _Orders_ or
+_Classes_, whereof the _Ecclesiasticks_ made one; and when those
+_Curators_ of the _Commonwealth_ were chosen, Twelve Persons were taken
+out of each Order. So that it was enacted in that _Council_, that 36
+Guardians of the Republick shou'd be created, with Power, by common
+Consent, to redress all the Abuses of the Publick. Concerning which
+Thing, _Monstrellettus_, Vol. 4. fol. 150 writes thus: "In the first
+Place (says he) it was decreed, that for the re-establishing the State
+of the Commonwealth, and the easing the People of the Burthen of their
+Taxes, and to compensate their Losses, 36 Men shou'd be elected, who
+shou'd have _Regal Authority_; viz. 12 out of the _Clergy_, 12 out of
+the _Knights_, and 12 _skilful_ in the Laws of the Land; to whom Power
+should be given of inspecting and enquiring into the Grievances and
+Mischiefs under which the Kingdom laboured, and to apply Remedies to
+all: And the King gave his Promise _in Verbo Regis_, That whatsoever
+those 36 Men shou'd appoint to be done, he wou'd ratify and confirm."
+
+_Oliver de la Marck_, a _Flemming_, in his History, _cap. 35._ writes
+the same Thing, and mentions the same Number of 36 _Guardians_ or
+_Curators_ of the _Commonwealth_. And he farther adds; "That because the
+King did not stand to his Promise, but _violated_ his _Faith_, and the
+_Solemn Oath_ which he had publickly sworn, a most _cruel War_ was
+kindled in _Francogallia_, which set it all in a Flame, and continued
+near 13 Years. Thus that King's Perjury was punish'd both by his own
+Infamy, and the People's Destruction."
+
+Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years
+compleat, since the Liberties of _Francogallia_, and the _Authority_ of
+its _annual General Council_, flourished in full Vigor, and exerted
+themselves against a King of ripe Years, and great Understanding; for he
+was above 40 Years old, and of such great Parts, as none of our Kings
+have equall'd him. So that we may easily perceive that our
+_Commonwealth_, which at first was _founded_ and _establish'd_ upon the
+_Principles of Liberty_, maintained it self in the same free and sacred
+State, (even by Force and Arms) against all the Power of Tyrants for
+more then Eleven Hundred Years.
+
+I cannot omit the great Commendation which that most noble Gentleman and
+accomplish'd Historian, _Philip de Comines_, gives of this Transaction;
+who in his 5th Book and 18th Chapter, gives this Account of it, which we
+will transcribe Word for Word.--"But to proceed: Is there in all the
+World any King or Prince, who has a Right of imposing a Tax upon his
+People (tho' it were but to the Value of one Farthing) without their own
+Will and Consent? Unless he will make use of Violence, and a Tyrannical
+Power, he cannot. But some will say there may happen an Exigence, when
+the Great _Council of the People_ cannot be waited for, the Business
+admitting of no Delay. I am sure, in the Undertaking of a War, there is
+no need of such hast; one has sufficient Leisure to think leisurely of
+that Matter. And this I dare affirm, that when Kings and Princes
+undertake a War with the Consent of their Subjects, they are both much
+more powerful, and more formidable to their Enemies.--It becomes a King
+of _France_ least of any King in the World, to make use of such
+expressions as this.--_I have a Power of raising as great Taxes as I
+please on my Subjects_;--for neither he, nor any other, has such a
+Power; and those Courtiers who use such Expressions, do their King no
+Honour, nor increase his Reputation with Foreign Nations; but on the
+contrary, create a Fear and Dread of him among all his Neighbours, who
+will not upon any Terms subject themselves to such a Sort of Government.
+But if our King, of such as have a Mind to magnify his Power; wou'd say
+thus; I have such obedient and loving Subjects, that they will deny me
+nothing in Reason; or, there is no Prince that has a People more willing
+to forget the Hardships they undergo; this indeed wou'd be a Speech that
+wou'd do him Honour, and give him Reputation. But such Words as these do
+not become a King; _I tax as much as I have a mind to; and I have a
+Power of taking it, which I intend to keep_. _Charles_ the Fifth never
+used such Expressions, neither indeed did I ever hear any of our Kings
+speak such a Word; but only some of their Ministers and Companions, who
+thought thereby they did their Masters Service: But, in my Opinion, they
+did them a great deal of Injury, and spoke those Words purely out of
+Flattery, not considering what they said. And as a further Argument of
+the gentle Disposition of the _French_, let us but consider that
+_Convention_ of the _Three Estates_ held at _Tours_, Anno 1484, after
+the Decease of our King _Lewis_ the _Eleventh_: About that time the
+wholsome Institution of the _Convention_ of the _Three Estates_ began to
+be thought a dangerous Thing; and there were some inconsiderable Fellows
+who said then, and often since, that it was High-Treason to make so much
+as mention of Convocating the _States_, because it tended to lessen and
+diminish the King's Authority; but it was they themselves who were
+_guilty of High-Treason against God, the King, and the Commonwealth_.
+Neither do such-like Sayings turn to the Benefit of any Persons, but
+such as have got great Honours or Employments without any Merit of their
+own; and have learnt how to flatter and sooth, and talk impertinently;
+and who fear all great Assemblies, lest there they shou'd appear in
+their proper Colours, and have all evil Actions condemned."
+
+       *       *       *       *       *
+
+
+
+CHAP. XIX.
+
+    _Of the Authority, of the Assembly of the States
+    concerning the most important Affairs of Religion._
+
+
+We have hitherto demonstrated, that the Assembly of the States had a
+very great Power in all Matters of Importance relating to our Kingdom of
+_France_. Let us now consider, what its Authority has been, in Things
+that concern Religion. Of this our Annals will inform us under the Year
+MCCC. when Pope _Boniface_ the Eighth sent Ambassadors to King _Philip
+the Fair_, demanding of him, whether he did not hold and repute himself
+to be subject to the Pope in all Things temporal as well as spiritual;
+and whether the Pope was not Lord over all the Kingdoms and States of
+_Christendom_? In Consequence of these Principles, he required of
+_Philip_ to acknowledge him for his Sovereign Lord and Prince, and to
+confess that he held his Kingdom of _France_ from the Pope's Liberality;
+or that if he refused to do this, he should be forthwith excommunicated,
+and declar'd a Heretick. After the King had given Audience to these
+Ambassadors, he summon'd the States to meet at _Paris_, and in that
+Assembly the Pope's Letters were read, to the Purport following.
+_Boniface, universal Bishop, the Servant of the Servants of God, to_
+Philip _King of_ France. _Fear God and keep his Commandments. It is our
+Pleasure thou shouldst know, that thou art our Subject, as well in
+things temporal as Spiritual, and that it belongs not to thee to bestow
+Prebends or collate Benefices, in any Manner whatever. If thou hast the
+Custody of any such that may be now vacant, thou must reserve the
+Profits of them for the Use of such as shall succeed therein: and if
+thou hast already collated any of them, we decree by these Presents such
+Collation to be_ ipso facto _void, and do revoke whatever may have been
+transacted relating thereunto; esteeming all those to be Fools and
+Madmen, who believe the contrary. From our Palace of the_ Lateran _in
+the Month of December, and in the Sixth Year of our Pontificate_. These
+Letters being read, and the Deputies of the States having severally
+deliver'd their Opinions about them, after the Affair was maturely
+deliberated, it was ordain'd; first, that the Pope's Letters should be
+burnt in the Presence of his Ambassador, in the great Yard of the
+Palace: Then, that these Ambassadors with Mitres upon their Heads, and
+their Faces bedaub'd with Dirt, should be drawn in a Tumbrel by the
+common Hangman into the said Yard, and there be exposed to the Mockery
+and Maledictions of the People: finally, that Letters in the King's Name
+should be dispatched to the Pope, according to the Tenor following.
+Philip _by the Grace of God, King of_ France, _to_ Boniface, _who stiles
+himself universal Bishop, little or no greeting. Be it known to thy
+great Folly and extravagant Temerity, that in things temporal we have no
+Superior but God; and that the Disposal of the Vacancies of certain
+Churches and Prebends belong to us of Regal Right; that it is our due to
+receive the profits of them, and our Intention to defend our selves by
+the Edge of the Sword, against all such, as would any way go about to
+disturb us in the Possession of the same; esteeming those to be Fools
+and Brainless, who think otherwise_. For Witnesses of this History, we
+have the Author of the _Chronicle of Bretayne_, lib. 4. chap. 14. and
+_Nicholas Gilles_ in the _Annals of France_, to whom ought to be join'd
+_Papon._ in the first Book of his Arrests tit. 5. art. 27.
+
+       *       *       *       *       *
+
+
+
+CHAP. XX.
+
+    _Whether_ Women _are not as much debarr'd_ (_by the_
+    Francogallican Law) _from the_ Administration, _as from
+    the_ Inheritance _of the Kingdom_.
+
+
+The present Dispute being about the _Government_ of the Kingdom, and the
+chief _Administration_ of Publick Affairs, we have thought fit not to
+omit this Question: Whether _Women_ are not as much debarr'd from the
+_Administration_, as from the _Inheritance_ of the Kingdom? And in the
+first Place we openly declare, that 'tis none of our Intention to argue
+for or against the _Roman_ Customs or Laws, or those of any other
+Nation, but only of the Institutions of this our own _Francogallia_. For
+as on the one Hand 'tis notorious to all the World, that by the _Roman_
+Institutions, _Women_ were always under _Guardianship_, and excluded
+from intermeddling, either in publick or private Affairs, by Reason of
+the _Weakness_ of their Judgment: So on the other, _Women_ (by ancient
+Custom) obtain the _Supreme Command_ in _Some_ Countries. "The
+(_Britains_ says _Tacitus_ in his Life of _Agricola_) make _no
+Distinction of Sexes_ in _Government_." Thus much being premised, and
+our Protestation being clearly and plainly proposed, we will now return
+to the Question. And as the Examples of some former Times seem to make
+for the affirmative, wherein the Kingdom of _Francogallia_ has been
+administered by _Queens_, especially by _Widows_ and _Queen-Mothers_: So
+on the contrary, the Reason of the Argument used in Disputations, is
+clearly against it. For she, who cannot be Queen in her _own Right_, can
+never have any Power of Governing in another's Right: But here a Woman
+cannot reign in her own Right, nor can the Inheritance of the Crown fall
+to her, or any of her Descendants; and if they be stiled _Queens_ 'tis
+only accidentally; as they are _Wives_ to the _Kings_ their _Husbands_.
+Which we have prov'd out of Records for twelve hundred Years together.
+
+To this may be added (which we have likewise prov'd) that nor only the
+sole Power of _Creating_ and _Abdicating_ their Kings, but also the
+Right of electing _Guardians_ and _Administrators_ of the Commonwealth,
+was lodged in the same _Publick Council_. Nay, and after the Kings were
+created, the supreme Power of the Administration was retained still by
+the same _Council_. And 'tis not yet full a hundred Years since 36
+Guardians of the Commonwealth were constituted by the same _Council_,
+like so many _Ephori_: and this during the Reign of _Lewis_ the
+_Eleventh_, as crafty and cunning as he was. If we seek for Authorities
+and Examples from our Ancestors, we may find several; there is a
+remarkable one in _Aimoinus_, lib. 4. cap. 1. where speaking of Queen
+_Brunechild_, Mother to young _Childebert_; "The Nobility of _France_
+(says he) understanding that _Brunechild_ designed to keep the chief
+Management of the Kingdom in her own Hands; and having always hitherto,
+for so long a Time disdained to be subject to a Female Domination, did,
+&c." And indeed it has so happned in the Days of our Ancestors, that
+whenever Women got into their Hands the Procuration of the Kingdom, they
+have been always the Occasion of wonderful Tragedies: Of which it will
+not be amiss to give some Examples. Queen _Crotildis_, Mother of the two
+Kings, _Childebert_ and _Clotarius_, got once the Power into her Hands;
+and being extravagantly fond of the Sons of _Clodomer_, (another of her
+Sons then dead) occasion'd a great deal of Contention, by her
+endeavouring to exclude her Sons, and promote these Grandsons to the
+Regal Dignity; and upon that Score she nourished their _large Heads of
+Hair_ with the greatest Care and Diligence imaginable, according to that
+ancient Custom of the Kings of the _Franks_, which we have before given
+an Account of. The two Kings (as soon as they understood it) presently
+sent one _Archadius_, who presenting her with a naked Sword and a Pair
+of Shears, gave her Choice which of the two She had rather shou'd be
+applied to the Boys Heads. But She (says _Gregory_ of _Tours_) being
+enraged with Choler, especially when She beheld the naked Sword and the
+Scissars, anwer'd with a great deal of Bitterness--"Since they cannot be
+advanced to the Kingdom, I had rather see them dead than shaven"--And
+thereupon both her Grandsons were beheaded in her Presence. The same
+_Gregory_, lib. 3. cap. 18. subjoyns--"This Queen, by her Liberalities
+and Gifts conferr'd upon Monasteries, got the Affections, _Plebis &
+vulgi_ of the common People and Mob: _Date frenos_ (says Cato)
+_impotenti naturae, & indomito animali, & sperate ipsas modum licentiae
+facturas_. Give Bridles to their unruly Natures, and curb the untamed
+Animal; and then, you may hope they shall see some Bounds to their
+Licentiousness." What an unbridled Animal and profligate Wretch was that
+Daughter of King _Theodorick_, by Birth an _Italian_; who being mad in
+Love with one of her Domesticks, and knowing him to have been kill'd by
+her Mother's Orders, feigned a thorough Reconciliation, and desir'd in
+Token of it to receive the Holy Sacrament of the Lord's Supper with her
+Mother; but Privately mixing some Poyson in the Chalice, She at once
+gave the strangest Instance both of Impiety and Cruelty in thus
+murdering her own Mother. The Account given of it by _Gregory_ of
+_Tours_ is this: "They were (says he) of the _Arrian Sect_, and because
+it was their Custom that the Royal Family shou'd communicate at the
+Altar out of one Chalice, and People of Inferior Quality out of another.
+(_By the way, pray take notice of the Custom of Communicating in both
+kinds by the People._) She dropped Poyson into that Chalice out of which
+her Mother was to communicate; which as soon as she had tasted of it,
+kill'd her presently."--_Fredegunda, Queen-Mother_, and Widow of
+_Chilperick the First_, got the Government into her Hands; She, in her
+Husband's Time, lived in Adultery with one _Lander_; and as soon as she
+found out that her Husband _Chilperick_ had got Wind of it, she had him
+murdered, and presently seiz'd upon the Administration of the Kingdom as
+Queen-Mother, and Guardian of her Son _Clotharius_, and kept Possession
+of it for 13 Years; in the first Place she poyson'd her Son's Uncle
+_Childebert_, together with his Wife; afterwards she stirred up the
+_Hunns_ against his Sons, and raised a Civil War in the Republick. And
+lastly, She was the Firebrand of all those Commotions which wasted and
+burnt all _Francogallia_, during many Years, as _Aimoinus_ tells us,
+[lib. 3. cap. 36. & lib. 8. cap. 29.]
+
+There ruled once in _France_, _Brunechild_, Widow of King _Sigebert_,
+and Mother of _Childebert_. This woman had for her Adulterer a certain
+_Italian_, called _Protadius_, whom She advanced to great Honours: She
+bred up her two Sons, _Theodebert_ and _Theodorick_, in such a wicked
+and profligate Course of Life, that at last they became at mortal Enmity
+with each other: And after having had long Wars, fought a cruel single
+Combat. She kill'd with her own Hands her Grandson _Meroveus_, the Son
+of _Theodebert:_ She poysoned her Son _Theodorick_. What need we say
+more? _Date fraenos_ (as _Cato_ says) _impotenti naturae, & indomito
+animali; & sperate illas modum licentiae facturas_. She was the Occasion
+of the Death of Ten of the Royal Family: And when a certain Bishop
+reproved her, and exhorted her to mend her Life, She caused him to be
+thrown into the River. At last, a _Great Council_ of the _Franks_ being
+summoned, She was judged, and condemned, and drawn in Pieces by wild
+horses, being torn Limb from Limb. The Relators of this Story are,
+_Greg. Turonensis_, [lib. 5. cap. 39.] and [lib. 8. cap. 29.] And _Ado_
+[AEtat. 6.] _Otto Frising._ [Chron. 5. Cap. 7.] _Godfridus Viterbiensis_
+[Chron. parte 16.] & _Aimoinus_ [lib. 4. cap. 1.] Also the Appendix of
+_Gregory of Tours_, [lib. 11.] whose Words are these: "_Having convicted
+her of being the Occasion of the Death of Ten Kings of the_ Franks; _to
+wit, of_ Sigebert, Meroveus, _and his Father_ Chilperick; Theodebert,
+_and his Son_ Clothair; Meroveus, _the Son of_ Clothair, Theodorick,
+_and his three Children, which had been newly killed, they order'd her
+to be placed upon a Camel, and to be tortured with divers sorts of
+Torments, and so to be carried about all the Army; afterwards to be tied
+by the Hair of the Head, one Leg and one Arm to a Wild Horse's Tail; by
+which being kick'd, and swiftly dragg'd about, She was torn Limb from
+Limb._"
+
+Let us instance in some others: _Plectrudis_ got the Government into her
+Hands; a Widow not of the King, but of _Pipin_, who ruled the Kingdom
+whilst _Dagobert_ the Second bore the empty Title of King. This
+_Plectrudis_ having been divorced by her Husband _Pipin_, because of her
+many Adulteries and flagitious Course of Life; as soon as her Husband
+was dead, proved the Incendiary of many Seditions in France. She
+compell'd that gallant Man _Charles Martel_, Mayor of the Palace, to
+quit his Employment, and in his Place put one _Theobald_, a most vile
+and wicked Wretch; and at last She raised a most grievous Civil War
+among the _Franks_, who in divers Battels discomfited each other with
+most terrible Slaughters. Thus, says _Aimoinus_, [lib 4. cap. 50. & cap
+sequen.] Also the Author of a Book called, The State of the Kingdom of
+_France_ under _Dagobert_ the Second, has these Words: _"When the_
+Franks _were no longer able to hear the Fury and Madness of_ Plectrude,
+_and saw no Hopes of Redress from King_ Dagobert, _they elected one_
+Daniel _for their King, (who formerly had been a Monk) and called him_
+Chilperick." Which Story we have once before told you.
+
+But let us proceed. The Queen-Mother of _Charles_ the _Bald_, (whose
+Name was _Judith_) and Wife of _Lewis the Pious_, who had not only been
+King of _Francogallia_, but Emperor of _Italy_ and _Germany_, got the
+Government into her Hands. This Woman stirred up a most terrible and
+fatal War between King _Lewis_ and his Sons, (her Sons in Law) from
+whence arose so great a Conspiracy, that they constrained their Father
+to abdicate the Government, and give up the Power into their Hands, to
+the great Detriment of almost all _Europe_: The Rise of which Mischiefs,
+our Historians do unanimously attribute, for the most Part, to _Queen
+Judith_ in a particular Manner: The Authors of this History are the
+_Abbot_ of _Ursperg_, _Michael Ritius_ and _Otto Frising._ [Chron. 5.
+cap. 34.] "_Lewis_ (says this last) _by reason of the Evil Deeds of his
+Wife_ Judith, _was driven out of his Kingdom_." Also _Rhegino_ [in Chron.
+ann. 1338.] "_Lewis_ (says he) _was deprived of the Kingdom by his
+Subjects, and being reduced to the Condition of a private Man, was put
+into Prison, and the Sole Government of the Kingdom, by the Election of
+the_ Franks, _was conferr'd upon_ Lotharius _his Son. And this
+Deprivation of_ Lewis _was occasioned principally through the many
+Whoredoms of his Wife_ Judith."
+
+Some Ages after, Queen _Blanch_, a _Spanish_ Woman, and Mother to St.
+_Lewis_, ruled the Land. As soon as She had seized the Helm of
+Government, the Nobility of _France_ began to take up Arms under the
+Conduct of _Philip_ Earl of _Bologn_, the King's Uncle, crying out (as
+that excellent Author _Joannes Joinvillaeus_ writes) [cap. histor. 4.]
+"_That it was not to be endured that so great a Kingdom shou'd be
+governed by a Woman, and She a Stranger._" Whereupon those Nobles
+rejecting _Blanch_, chose Earl _Philip_ to be Administrator of the
+Kingdom: But _Blanch_ persisting in her Purpose, sollicited Succours
+from all Parts, and at last determined to conclude a League with
+_Ferdinand_ King of _Spain_. With _Philip_ joyned the Duke of
+_Brittany_, and the _Count de Eureux_ his Brother. These, on a sudden,
+seiz'd on some Towns, and put good Garisons into them. And thus a
+grievous War was begun in _France_, because the Administration of the
+Government had been seized by the Queen-Mother: It hapned that the King
+went (about that Time) to _Estampes_, being sent thither by his Mother
+upon Account of the War: To that Place the Nobles from all Parts hastily
+got together, and began to surround the King not with an Intention (as
+_Joinville_ says) to do him any Harm, but to withdraw him from the Power
+of his Mother. Which She hearing, with all Speed armed the People of
+_Paris_, and commanded them to march towards _Estampes_. Scarce were
+these Forces got as far as _Montlebery_, when the King (getting from the
+Nobles) joyned them, and returned along with them to _Paris_. As soon as
+_Philip_ found that he was not provided with a sufficient force of
+Domestick Troops, he sent for Succours to the Queen of _Cyprus_, (who at
+the fame Time had some Controversy depending in the Kingdom) She entring
+with a great Army into _Champagn_, plunder'd that Country far and near;
+_Blanch_ however continues in her Resolution. This constrains the
+Nobility to call in the _English_ Auxiliaries, who waste _Aquitain_ and
+all the Maritime Regions; which Mischiefs arose thro' the Ambition and
+unbridled Lust of Rule of the Queen-Mother, as Joinvillaeus tells us at
+large, [cap. 7, 8, 9, 10.]
+
+And because many of our Countrymen have a far different Opinion of the
+Life and Manners of Queen _Blanch_, occasioned (as 'tis probable) by the
+Flattery of the Writers of those Times; (For all Writers either thro'
+Fear of Punishment, or, by Reason of the Esteem which the Kings their
+Sons have in the World, are cautious how they write of Queen-Mothers:) I
+think it not amiss to relate what _Joinville_ himself records [cap 76.]
+_viz._ That She had so great a Command over her Son, and had reduced him
+to that Degree of Timidity and Lowness of Spirit, that She would very
+seldom suffer the King to converse with his Wife _Margaret_, (her
+Daughter-in-Law) whom She hated. And therefore whenever the King went a
+Journey, She ordered the Purveyors to mark out different Lodgings, that
+the Queen might lie separate from the King. So that the poor King was
+forced to place Waiters and Doorkeepers in Ambush whenever He went near
+his Queen; Ordering them, that when they heard his Mother _Blanch_
+approach the Lodgings, they shou'd beat some Dogs, by whose Cry he might
+have Warning to hide himself: And one Day (says _Joinville_) when Queen
+_Margaret_ was in Labour, and the King in Kindness was come to visit
+her, on a sudden Queen _Blanch_ surprized him in her Lodgings: For
+altho' he had been warned by the howling of the Dogs, and had hid
+himself (wrapp'd up in the Curtains) behind the Bed; yet She found him
+out, and in the Presence of all the Company laid Hands on him, and drew
+him out of the Chamber: You have nothing to do here (said She) get out.
+The poor Queen, in the mean Time, being not able to bear the Disgrace of
+such a Reproof, fell into a Swoon for Grief; so that the Attendants were
+forced to call back the King to bring her to her self again, by whose
+Return She was comforted and recover'd. _Joinville_ tells this Story
+[_cap. hist. 76._] in almost these same Words.
+
+Again, Some Years after this, _Isabella_, Widow of _Charles_ the 6th,
+(Sirnamed the _Simple_) got Possession of the Government: For before the
+Administration of the Publick Affairs cou'd be taken care of by the
+_Great Council_, or committed by them to the Management of chosen and
+approved Men, many ambitious Courtiers had stirr'd up Contentions: Six
+Times these Controversies were renewed, and as often composed by
+Agreement. At last _Isabella_ being driven out of _Paris_ betook her
+self to _Chartres_: There, having taken into her Service a subtle Knave,
+one _Philip de Morvilliers_, She made up a Council of her own, with a
+President, and appointed this _Morvilliers_ her Chancellor; by whose
+Advice She order'd a Broad-Seal, commonly called, a Chancery-Seal, to be
+engraven: On which her own Image was cut, holding her Arms down by her
+Sides: and in her Patents She made use of this Preamble. "Isabella, _by
+the Grace of God, Queen of_ France: _who, by Reason of the King's
+Infirmity, has the Administration of the Government in her Hands,
+&c._"--But when the Affairs of the Commonwealth were reduced to that
+desperate Future, that all Things went to Rack and Ruin, She was by the
+_Publick Council_ banished to _Tours_, and committed to the Charge of
+Four Tutors, who had Orders to keep her lock'd up at Home, and to watch
+her so narrowly, that She shou'd be able to do nothing; not so much as
+to write a Letter without their Knowledge. A large Account of all this
+Transaction we have in _Monstrellet's_; History. [_cap._ 161 & _cap._
+168.]
+
+       *       *       *       *       *
+
+
+
+CHAP. XXI.
+
+    _Of the_ Juridical Parliaments _in_ France.
+
+
+Under the _Capevingian_ Family there sprung up in _Francogallia_ a Kind
+of Judicial Reign, [_Regnum Judiciale_] of which (by Reason of the
+incredible Industry of the Builders up and Promoters of it, and their
+unconceivable Subtilty in all subsequent Ages), we think it necessary to
+say something. A Sort of Men now rule every-where in _France_, which are
+called _Lawyers_ by some, and _Pleaders_ or _Pettyfoggers_ by others:
+These Men, about 300 Years ago, managed their Business with so great
+Craft and Diligence, that they not only subjected to their Domination
+the Authority of the _General Council_, (which we spoke of before) but
+also all the _Princes_ and _Nobles_, and even the _Regal Majesty_ it
+self: So that in whatever Towns the Seats of this same _Judicial
+Kingdom_ have been fix'd, very near the third Part of the Citizens and
+Inhabitants have applied themselves to the Study and Discipline of this
+wrangling Trade, induced thereunto by the vast Profits and Rewards which
+attend it. Which every one may take Notice of, even in the City of
+_Paris_, the Capital of the Kingdom: For who can be three Days in that
+City without observing, that the third Part of the Citizens are taken up
+with the Practice of that _litigious_ and _Pettyfogging_ Trade?
+Insomuch, that the General Assembly of Lawyers in that City (which is
+called the _Robed Parliament_) is grown to so great a Heighth of Wealth
+and Dignity, that now it seems to be (what _Jugurtha_ said of old of the
+_Roman Senate_) no longer an _Assembly_ of _Counsellors_, but of
+_Kings_, and _Governors_ of _Provinces_. Since whoever has the Fortune
+to be a Member of it, how meanly born soever, in a few Years Time
+acquires immense and almost Regal Riches: For this Reason many other
+Cities strove with Might and Main to have the like Privilege of
+_Juridical_ Assemblies: So that now there are several of these famous
+Parliaments, to wit, those of _Paris, Tholouse, Rouen, Grenoble,
+Bourdeaux, Aix_, and _Dijon_: All which are _fix'd_ and _sedentary_;
+besides an Eighth, which is ambulatory and moveable, and is called the
+_Grand Council_.
+
+Within the Limits of these great _Juridical Kingdoms_ there are others
+lesser, which we may call _Provincial Governments_, who do all they can
+to imitate the Grandeur and Magnificence of their Superiors; and these
+are called _Presidial Courts_: And so strong is the Force and Contagion
+of this Disease, that a very great Part of the _French_ Nation spends
+its Time and Pains in Strife and Law-Suits, in promoting Contentions and
+Processes; just as of old, a great Number of the _Egyptians_ were
+employ'd by their Tyrants in Building _Pyramids_, and other such useless
+Structures.
+
+Now the Word _Parliament_ in the old Manner of Speech used by our
+Countrymen, "signifies a Debate, or discoursing together of many
+Persons, who come from several Parts, and assemble in a certain Place,
+that they may communicate to one another Matters relating to the
+Publick." Thus in our ancient Chronicles, whenever Princes or their
+Ambassadors had a Meeting to treat of Peace or Truce, or other Warlike
+Agreements; the Assembly so appointed was always called a _Parliament_;
+and for the same Reason the _Publick Council_ of the _Estates_ was, in
+our old Language, called a _Parliament_. Which Assembly, being of great
+Authority, the Kings of the _Capevingian_ Race having a Mind to diminish
+that Authority by little and little, substituted in its Place a certain
+Number of _Senators_, and transferred the August Title of a _Parliament_
+to those _Senators:_ And gave them these Privileges: First, That none of
+the King's Edicts shou'd be of Force, and ratified, unless those
+Counsellors had been the _Advisors_ and _Approvers_ of them. Next, That
+no Magistracy or Employment in all _France_, whether Civil or Military,
+shou'd be conferr'd on any Person, without his being _inaugurated_, and
+taking the _Oaths_ in that _Assembly_. Then that there should be _no
+Liberty of Appeal_ from their judgment, but that all their Decrees
+should stand firm, and inviolable. In fine, whatever Power and Authority
+had anciently been lodged in the _General Council_ of the Nation, during
+so many Years together, was at Length usurped by that _Counterfeit
+Council_, which the Kings took care to fill with such Persons as would
+be most subservient to their Ends.
+
+Wherefore it will be worth our while, to enquire from what Beginnings it
+grew up to so great a Heighth and Power; First, a very magnificent
+Palace was built at _Paris_, by Order (as some say) of King _Lewis
+Hutin_, which in our Ancient Language signifies _mutinous_ or
+_turbulent_. Others say, by _Philip the fair_, about the Year 1314.
+thro' the Industry and Care of _Enguerrant de Marigny_ Count of
+_Longueville_, who was hanged some Years after on a Gallows at _Paris_,
+for embezzling the Publick Money, Whoever 'twas that built it, we may
+affirm, that our _Francogallican_ Kings took the same Pains in building
+up this _litigious Trade_, that the _Egyptian_ Monarchs are said to have
+done in employing their Subjects to build the _Pyramids_; among whom
+_Chemnis_ is recorded to have gathered together 360000 Men to raise one
+Pyramid. _Gaguinus_, in his History of King _Hutin's_ Life, has this
+Passage,--"_This_ Lewis _ordained, That the Court of Parliament should
+remain fixed and immoveable in the City of_ Paris, that Suitors and
+Clients might not be put to the Trouble of frequent Removals." Now what
+some affirm, that _Pipin_ or _Charlemagn_ were the Authors of this
+Institution, is very absurd, as we shall plainly make appear. For most
+of the Laws and Constitutions of _Charlemagn_ are extant; in all which
+there is not the least Mention made of the Word _Parliament_, nor of
+that great _fixed Senate_; he only ordains, That in certain known Places
+his Judges should keep a _Court_, and assemble the People; which
+according to his usual Custom he calls a _Placitum_, or a _Mallum_, as
+[_lib. 4. cap. 35._ Legis _Franciae_] 'tis written, "_He shall cause no
+more than three general_ Placita _to be kept in one Year, unless by
+chance some Person is either accused, or seizes another Man's Property,
+or is summoned to be a Witness--._" There are many other Laws extant of
+that King's of the like Nature, by which we may observe the Paucity of
+Law-suits in his Days: And I am clearly of Opinion, that what I find
+several of our modern Authors have affirm'd is most true, _viz._ that
+the first Rise and Seeds of so many Law-suits, Calumnies and Contentions
+in this Kingdom, proceeded from Pope _Clement_ the Fifth, who during the
+Reign of _Philip the Fair_, transferred the Seat of his Papacy to
+_Avignon_, at which Time his Courtiers and Petty-Foggers, engaging into
+Acquaintance with our Countrymen, Introduced the _Roman_ Arts of
+Wrangling into our Manners and Practice. But not to speak of such remote
+Times. About the Year of our Lord 1230. reigned St. _Lewis_, as he is
+plainly called, whose Life _Johannes Joinvillaeus_ (whom we have often
+mentioned) has written at large. Out of his Commentary we may easily
+learn, how few Contentions and Law-Suits were in those Days, since King
+_Lewis_ either determined the Controversies himself in Person, or
+referred them to be determined by some of his Followers and Companions:
+And therefore [_cap._ 94.] he thus writes,--"_He was wont_ (says he) _to
+command Lord_ Nellius, _Lord_ Soissons, _or my self, to inspect and
+manage the Appeals which were made to him. Afterwards he sent for us,
+and enquired into the State of the Case; and whether it were of such a
+Nature as could not be ended without his own Intervention. Oftentimes it
+hapned, that after we had made our Report, he sent for the contending
+Parties, and heard the Cause impartially argued over again. Sometimes
+for his Diversion he would go to the Park of_ Bois de Vincennes, _and
+sitting down upon a green Sodd at the Foot of an Oak Tree, would command
+us to sit by him; and there if any one had Business, he wou'd cause him
+to be called, and bear him patiently. He wou'd often himself proclaim
+aloud, That if any one had Business, or a Controversy with an Adversary,
+he might come near and set forth the Merits of his Cause; then if any
+Petitioner came, he wou'd hear him attentively; and having throughly
+considered the Case, wou'd pass judgment according to Right and Justice.
+At other Times he appointed_ Peter Fountain _and_ Godfrey Villet _to
+plead the Causes of the contending Parties. I have often_ (says he)
+_seen that good King go out of Paris into one of his Gardens or Villa's
+without the Walls, dressed very plainly, and there order a Carpet to be
+spread before him on a Table; and having caused Silence to be
+proclaimed, those which were at Variance with each other, were
+introduced to plead their Causes; and then he presently did Justice
+without Delay._" Thus far _Joinvillaeus_--By which we may guess at the
+small Number of Law Suits and Complainants in those Days, and how
+careful our Kings were of preventing the Mischiefs that might arise from
+such as fomented Controversies. In the _Capitular_ of _Charles the
+Great_ this Law is extant.--"_Be it known unto all Persons both Nobility
+and People, by these our Patents, That we will sit one Day in every Week
+to hear Causes in Person._"
+
+We have the like Testimony in _William Budaeus_, a very famous Man, and a
+Principal Ornament of our Kingdom of _France_. For in his Annotations on
+the _Pandects_ (where he treats of this very Argument, and inveighs
+against this _Kingdom of Brawlers and Petty-Foggers_) he tells us, that
+he finds in the Regal Commentaries of Venerable Antiquity, (the free
+Perusal of which his Quality did intitle him to) "_That in the Reign of
+the same King_ Lewis, [Anno 1230.] _several Controversies arose between
+the King and the Earl of_ Britany; _And that by Consent (as 'tis
+probable) of both Parties, a Camp-Court of Judicature was summoned to
+meet at_ Erceniacum, _wherein sate as Judges, not Lawyers, Civilians and
+Doctors, but Bishops, Earls, and Barons. And there the Earl of_ Britany
+_was cast, and it was order'd that the Inhabitants of his County should
+be absolved and freed from the Oath of Allegiance and fidelity, which
+they had taken to him_. Again, in the same King's Reign, [Anno 1259.] _a
+Dispute having arisen about the County of_ Clairmont _between the King
+and the Earls of_ Poitou _and_ Anjou, _a Court of Judicature, composed
+of the like Persons was appointed, wherein sat the Bishops and Abbots,
+the General of the_ Dominicans, _the Constable, the Barons, and several_
+Laicks. To this he subjoyns: _Yet there were two Parliaments called each
+Year, at_ Christmas _and at_ Candlemas, _like as there are two_ Scacaria
+_summoned in_ Normandy _at_ Easter _and at_ Michaelmas." Thus far
+_Budaeus_; to whom agrees what we find in an ancient Book concerning the
+_Institution of Parliaments_, wherein this Article is quoted out of the
+_Constitution of Philip_ the 4th, Sirnamed the _Fair_ [ex Anno
+1302.]--"_Moreover, for the Conveniency of our Subjects, and the
+expeditious determining of Causes, we propose to have it enacted, that
+two Parliaments shall be held every Year at_ Paris, _and two_ Scacaria
+_at_ Rouen: _That the_ Dies Trecenses _shall be held twice a Year: and
+that a Parliament shall be held at_ Tholouse, _as it used to be held in
+past Times, if the People of the Land consent to it: Also, because many
+Causes of great Importance are debated in our Parliament, between great
+and notable Personages; We ordain and appoint, that two Prelates, and
+two other sufficient Persons, being Laymen of our Council; or at least
+one Prelate and one Laick, shall be continually present in our
+Parliaments, to hear and deliberate concerning the above-mentioned
+Causes."_--From which Words we may learn, First, how _seldom_ the Courts
+of Judicature heard Causes in those Days. Next, how few judges sat in
+those _Parliaments_. For as to the other Provinces and Governments of
+the Kingdom, we have (in the same Book) the _Constitution of Philip the
+Fair_, in these Words, [Anno 1302.]--"_Moreover, We ordain that our
+Seneschals and Bayliffs shall hold their Assizes in Circuit throughout
+their Counties and Bayliwicks once every two Months at least."_
+
+Furthermore, _Budaeus_ in the same Place, [Anno 1293.] writes, that
+_Philip_ the _Fair_ appointed, that three Sorts of People shou'd sit in
+Parliament, viz. _Prelates, Barons_, and _Clerks mixed with Laymen:_
+"Since the Laicks (says he) are chosen promiscuously out of the Knights,
+and out of other Sorts of People. Also, that the Prelates and Barons
+shou'd select fit Persons out of that third Estate, to exercise every
+Sort of Judicature; and at the same Time shou'd chuse three Judges, who
+shou'd be sent abroad into those Countries where the written Laws of the
+Land had their Course, that they might there judge and determine
+according to Law. And if any Question of great Importance were to be
+argued, they should take to their Assistance the most Learned Men they
+could get.--" In which Place, _Budaeus_ lamenting the Evil Customs of our
+Times; that is, this _Kingdom of Lawyers_ now in Vogue, breaks out with
+_Juvenal_ into this Exclamation: "_Quondam hoc indigenae vivebant more!
+So_ (says he) _may I exclaim, that in Old Times, when this Kingdom
+flourished, (as many appear by our Money coined of pure fine Gold) there
+was a plain and easy Way of doing Justice; there were few Law-suits, and
+those not of long Continuance, or indeed Eternal, as now they are; for
+then this Rabble-Rout of pretended Interpreters of the Law had not
+invaded the Publick: neither was the Science of the Law stretched out to
+such an unlimited Extent; but Truth and Equity, and a prudent Judge,
+endued with Integrity and Innocence, was of more worth than Six hundred
+Volumes of Law-Books. But now to what a sad Condition Things are
+brought, every one sees, but no Body dares speak out. [Sed omnes dicere
+mussant.]"_ Thus far honest _Budaeus_; a most inveterate Adversary of
+this Art of Chicanery, upon all Occasions.
+
+To return to our Purpose, of giving an Account upon what Foundations and
+Beginnings this _Reign of Litigiousness_ was first raised. As _Cicero_
+writes, that the Old High-Priests (by Reason of the Multitude of
+Sacrifices) instituted three Assistants called _Viri Epulones_, altho'
+they themselves were appointed by _Numa_ to offer Sacrifice at the _Ludi
+Epulares_: In like Manner, out of a very _Small Number_ of Parliamentary
+Judges, (when Law-Suits and Litigiousness increased) swarm'd this
+incredible Multitude of _Judges_, and _Spawn_ of _Counsellors_. And, in
+the first Place, a great, sumptuous and magnificent Palace was built (as
+we told you before) either by the Command of _Lewis Hutin_, or of
+_Philip the Fair:_ then (from a moderate Number of judges) three Courts
+of Ten each, were elected a [_tres decurie_] _viz._ Of the _great
+Chamber_ of _Accounts_, of _Inquests_, and of _Requests_. Which
+Partition _Budaeus_ speaks of in the above quoted Place, but more at
+large _Gaguinus_ in his Life of King _Lewis Hutin_.
+
+I must not omit one remarkable Thing that ought for ever to be
+remembred, which both these Authors have transmitted to Posterity:
+_viz._ That this Meeting of the Court of Judicature was not _perpetual_
+and _fixed_, as 'tis now, but _summonable_ by the _King's Writs_, which
+every Year were renewed by Proclamation about the Beginning of
+_November:_ "_And that we may be certain_ (says _Gaguinus) that the King
+was the Original and Author of this solemn Convention; the Royal Writs
+are issued every Year, whereby the Parliament is authorized to meet on
+the Feast-day of_ St. Martin, _that is, on the 10th of_ November."
+
+Now of the wonderful and speedy Increase of this _Judicial Kingdom_, we
+have this Instance; That about a hundred Years after its Beginning, that
+is, in the Year 1455, in the Reign of _Charles_ the 7th, we find this
+Order made by him--_From the Feast of_ Easter, _till the End of the
+Parliament, the Presidents and Counsellors ought to meet in their
+respective Chambers at Six a Clock every Morning: from the Feast of St._
+Martin _forwards, they may meet later.--_And a little after it says, _We
+judge it very necessary, that the Presidents and Counsellors of the
+Court shou'd come to Parliament after Dinner, for the Dispatch of
+Causes, and of Judgments._ This was _Charles_ the 7th's Order: But in
+_Charles_ the Great's Reign, who ruled a Kingdom three Times as big, we
+find a very different Manner of rendring Justice; as we may easily
+understand by that Law of his, mention'd lib. 4. cap. 74. _Legis
+Franciae_; "_Let a_ Comes, _a Judge_ (says he) _not hold a_ Placitum,
+_(that is, not pass a Decree) but before Dinner, or Fasting._"
+
+Concerning the Word _Parliament_, and the Authority of that Name, we
+have this Argument; That when of old a Senate was instituted in
+_Dauphine_ with supreme Authority, which was commonly called the
+_Council of Dauphine_; _Lewis_ the 11th endeavouring to oblige the
+_Dauphinois_, who had well deserved from him, changed the Name of this
+_Council_ into that of a _Parliament_, without adding any Thing to the
+Privileges or Authority of it. Of which _Guidopappius_ is our Witness.
+[Quest. 43. and again quest. 554.]
+
+FINIS.
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Franco-Gallia, by Francis Hotoman
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