Part 5 (2/2)
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 _G.o.dfrey_ 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 _s.h.i.+eld_, 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 _s.h.i.+eld_, 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 s.h.i.+eld, _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 _s.h.i.+eld_, 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 s.h.i.+eld; 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 s.h.i.+eld, 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 Wh.o.r.edoms, 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. G.o.dfrey 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 n.o.bleman, 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 _G.o.dfrey_, 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 _n.o.bility_ and _Gentry_ of the Kingdom, as _Sigebertus_ tells us _anno 890_. Which same thing _G.o.dfridus_ records, _part. 17._ But more at large _Otto Frising, chron. 6. cap. 9._ where he adds this memorable Pa.s.sage,--”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 _G.o.dfridus_ 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_ Inst.i.tutions, _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 a.s.signed to such Children for the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.
and _G.o.dfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_ being made King, a.s.signed 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 Amba.s.sadors 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 _n.o.ble 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 a.s.signed 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.
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