Part 8 (2/2)

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 Nigella.n.u.s_, 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 princ.i.p.al 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 Const.i.tution 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 a.s.sembled their general Convention, did therein const.i.tute 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. .h.i.therto 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 _n.o.bles_. 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 c.u.m 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 a.s.sembly_ of the _People_, or (as we now call it) to the _Convention of the Estates_: And that this Inst.i.tution 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 Inst.i.tution 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 a.s.sembly 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 princ.i.p.al 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, _t.i.t._ 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 s.h.i.+p, or a General to his Army.”--As therefore a Pupil is not appointed for the Sake of his Tutor, nor a s.h.i.+p 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 inst.i.tuted for the Peoples Sake. For a _People_ can subsist without a King, and be governed by its n.o.bility, 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 l.u.s.tful 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 a.s.sembly; 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_ a.s.sures 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 _Kings.h.i.+p_, 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 _n.o.bility_, 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 Friends.h.i.+p and Favour of the _Francogallican_ n.o.bles, 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 b.l.o.o.d.y 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, a.s.sociated 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 establis.h.i.+ng 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 Cona.n.u.s_ 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 Circ.u.mstances 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 ill.u.s.trious, 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 _n.o.bles_, 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.

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