Part 1 (1/2)

Franco-Gallia.

by Francis Hotoman.

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 _Const.i.tution:_ 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 t.i.tle 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 a.s.serted 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 princ.i.p.al 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 t.i.tle 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 _Const.i.tution_. 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 Const.i.tution_, 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 t.i.tle 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 _Const.i.tution_, 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 Const.i.tution.

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 Const.i.tution 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 _Const.i.tution_.

'Tis certainly as much a _Treason_ and _Rebellion_ against this _Const.i.tution_, 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 Const.i.tution 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 pa.s.sive Obedience.

By the old and true Maxim, that _the King can do no Wrong_, n.o.body 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 Const.i.tution 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 circ.u.mscrib'd and confin'd to any one or two of the _Religions_ now profess'd in the World, but diffuses it self among all.