Part 9 (1/2)
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 Emba.s.sy 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. t.i.t. 10. Art.
4.) testifies to have been declared by the _Parliament_ at _Paris_, within the Compa.s.s 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_ a.s.sembled, 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 a.s.sistance 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 princ.i.p.al 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 Amba.s.sadors 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 int.i.tuled 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 a.s.sembly was called on Purpose to hear the Amba.s.sadors 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 Amba.s.sadors, 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, c.u.m 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 a.s.sistance 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 Amba.s.sadors.
”_Charles_ (says he) heard the Amba.s.sadors 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 Amba.s.sadors 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 Pa.s.sage, 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 _n.o.bles_; among whom the Count of _Dunois_ was the Princ.i.p.al, 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 _Cla.s.ses_, 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-establis.h.i.+ng 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 n.o.ble 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 Hards.h.i.+ps 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 Inst.i.tution 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 G.o.d, 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 a.s.semblies, lest there they shou'd appear in their proper Colours, and have all evil Actions condemned.”
CHAP. XIX.
_Of the Authority, of the a.s.sembly of the States concerning the most important Affairs of Religion._
We have hitherto demonstrated, that the a.s.sembly 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 Amba.s.sadors 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 Amba.s.sadors, he summon'd the States to meet at _Paris_, and in that a.s.sembly the Pope's Letters were read, to the Purport following.