Ancient Free State




Most other Parts of Europe,

before the Loss of their Liberties.

Written Originally in Latin by the Famous Civilian


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.


Printed for Edward Valentine, at the Queen's Head against St. Dunstan's Church, Fleetstreet, 1721.


AN Account of Denmark, as it was in the Year 1692. The Third Edition corrected.

A short Narrative of the Life and Death of John Rhinholdt, Count Patkul, a Nobleman of Livonia, who was broke alive upon the Wheel in Great Poland, Anno 1707. Together with the Manner of his Execution. Written by the Lutheran Minister, who assisted him in his last Hours. Faithfully translated out of a High-Dutch Manuscript, and now publish'd for the Information of Count Gyllenborg's English Friends. By L. M. The Second Edition.

An Account of Sueden, together with an Extract of the History of that Kingdom. By a Person of Note who resided many Years there. The Third Edition.



Translated by

The Author of the Account





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 seasona-

ble 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.




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 they 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 are 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, cou'd 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 these 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 they 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 it self 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; not 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; or how an Education so diametrically opposite to our Bill of Rights, shou'd be so long encourag'd.

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 them-

selves; 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 look 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 endeavour 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, no 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 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 in 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 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 or 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 lame 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 Re-

ligions 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 subtracting 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 Odinances of Man; and gives you the true Notion, how far any thing can be laid 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 lead 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 companion with the mony'd Man who had no hand: 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 Matters 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 Curies 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 last 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 wou'd 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 Days Labour provide for four Days Extravagancies. And this is the

common Calamity of most of our Corporation Towns, whole 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 Desart 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 deferred 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 encamp'd under the Walls of Rome, even after such a Defeat as that at Cann�. And why? Because they were ill 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 Hands, 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 diminish'd, 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 Spirit 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 Cromvel did the like in Ireland, to which we owe that Kingdom's be-

ing 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 Man-

kind. 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 look'd 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 High ways, 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.





THE State of Gaul before it was reduced into the Form of a Roman Province. Page 1


Probable Conjectures concerning the Ancient Language of the Gauls. 8


The State of Gaul, after it was reduced into the form of a Province by the Romans.                       p. 14


Of the Original of the Franks, who having possess'd themselves of Gallia, chanced its Name into that of Fran-

cia, or Francogallia.                 20


Of the Name of the Franks, and their sundry Excursions; and what time they first began to establish a Kingdom in Gallia.                          29


Whether the Kingdom of Francogallia was Hereditary or Elective; and the Manner of making its Kings. p. 38


What Rule was observed concerning the Inheritance of the Deceased King, when he left more Children than one, 48


Of the Salick Law, and what Right Women had in the Kings, their Father's Inheritance.                      54


Of the Right of Wearing a large Head of Hair peculiar to the Royal Family.                                       58


The Form and Constitution of the Francogallican Government. p. 63


Of the Sacred Authority of the Publick Council.                                  77


Of the Kingly Officers, commonly called Mayors of the Palace.              8 5


Whether Pipin was created King by the Pope, or by the Authority of the Francogallican Council.                    90


Of the Constable and Peers of France.



Of the continued Authority and Power of the Sacred Council, during the Reign of the Carlovingian Family.

p. 104


Of the Capevingian Race, and the Manner of its obtaining the Kingdom of Francogallia.               110


Of the uninterrupted Authority of the Publick Council, during the Capevingian Line.                          114


Of the Remarkable Authority of the

Council against Lewis the Eleventh.



Of the Authority of the Assembly of the States, concerning the most important Affairs of Religion. p. 125


Whether Women are not as much debarr'd by the Francogallican Law from the Administration, as from the Inheritance of the Kingdom.



Of the Juridical Parliaments in France.







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 Ereslaw, 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 galli� bono, summ� cum su� laude, says Neveletus,

Peter Hotoman his 18th Child, and * 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 � 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 Subsistence 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

* Maistre des Eaux & Forrests.

Les belles Lettres.

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 qu� iniqua esset: Nunquam qu� jure & legibus niteretur desertam pr�miorum spe vel metu periculi.� He afterwards went to Basil in Swisserland, and from thence (being

driven away by the Plague) to Mountbelliard, where he buried his Wife. He returned then to Basil (after having refused a Professor's Chair at Leyden) and there he died of a Dropsy in the 65thYearof 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 cost� 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 lee what sticks most at his Heart. So that he not only loses no Occasion, but often forces one where it seems improper and unreasonable, 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 designed 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, whole Opinion he condemns. For this is the Character he gives of this Work: "Cest 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 debarred 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 intitul�, 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 he debarred from all Administration of the Publick Affairs. This is Mr. Bayle'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 irrefragrably 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 beaut� du Stile, & la connoissance des antiquit�s 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 *. 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 aiiquis ei succensere qui est tantum relator & narrator facti? Francogal-

lista enim tantum narrationi & relationi simplici vacat, quod fi 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 nor 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 Grin�us made his Funeral-Sermon. He left two Sons behind him, John and Daniel; besides a great Reputation, and Desire of him,

* Belles


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 [out of Bayle's Dictionary, &c.


�dui, People of Chalons and Nevers, of              Autun and Mascon.

Agrippina Colonia, } Cologn.

Arverni,      P. of Auvergne and Bourbonnois.

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 fort�.

Bibracte, Bavray, in the Diocese of Rheims.

Bituriges, P. of Bourges.

Carisiacum, Crecy.

Caninefates, 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.

Novempopulonia, } Gascony. Noviomagum, Nimeguen.

Pannonia, Hungary.

Pleumosii, P. of Tournay and Lisle.

Rh�tia,         Swisserland.

Rhemi,         P. of Rheims.

Senones,        P. of Sens and Auxerre.

Sequani,       P. of Franche Comt�.

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.

Veneti, P. of Vannes. Vesontini, P. of Besangon, Ulbanesses, non liquet. Witmarium, non liquet.

The Authors 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. 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

Patria est

ubicunq; est bene.

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. 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 qu� natale Solum dulcedine cunctos Ducit, & immemores non sinit 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 many 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

Me mortuo terra misceatur incendio. Pereant amici dum una inimici intercidant.

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 Musi 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 chuse 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 Mans 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 hover 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 * 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 thought 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.

* Lewis the XI.



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 C�sar, 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 * 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 Civitates; by which is meant (as C�sar 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 �dui, the Rhemi and Arverni to have been. And therefore Dumnorix the �duan, when C�sar 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 �: Most of their 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 C�sar, 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

* Civitas, a Common-


� 'Arijtkrasekai\ d h}oan ai/

plei/aj ty ptliteiw~n. e3na d'

h9gmo/ka h9ranto gat' vnisito\n

tu\ pulwo\n, w/j d' aw#twj ei\j

pi/lemon eij iw8o ta w8lh/oaj

apedei/knuto vrathgo/j.

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 C�sar. "They demanded (says he) lib. I. cap. 12. a General Council of all Gallia to be summon'd; and that this might be done by C�sar'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 � C�sar having summon'd the Council of GauI to meet early in the Spring, as he had before determin'd: Finding that the Senones, Carnutes 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 C�sar 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 Celt�, and gave a King to them. When C�sar first enter'd Gaul, A. U. C 695. he found it divided into Two Factions; the �dui 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 fide & imperio; that is, Subjects and Allies to the �dui. On

the other hand, the Sequani (tho' Borderers on the �dui) were under the Protection of the Arverni, lib. 1. cap. 12. lib. 6. cap. 4. The Romans finding such-like Dissentions 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 �dui, whom (with a great many Compliments) they stiled Brothers and Friends of the People of Rome. Under the Protection and League of the �dui, 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 Belg�, lib. 2. cap. 4. and lib. 7. cap. 7. C�sar reckons the Centrones, Grudii, Levaci, Pleumosii, Gordunni, under the Dominion of the Nervii, lib. 5. cap. 11. He names the Eburones and Condrusii as Clients of the Treviri, lib. 4. cap. 2. And of the Commonwealth of the Veneti (these are in Armorica or Britanny) 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 �dui, but a little before C�sar's Arrival, had got most of their Clients and Dependents from them, lib. 6. cap. 4. lib. 7. cap. 10. Whereupon, is Strabo writes in his 4th Book, they made War against C�sar 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 Belg�, but even of Britanny. At C�sar'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; whole 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 C�sar 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 multidinem. 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.


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, C�sar, as I said before, has at large given us an account. In the first place we ought to take notice, that C�sar, in the Beginning of his Commentaries, where he divides the Gauls into Three Nations, the Belg�, the Aquitan�, and the Celt�, tells us they all differ'd, not only in their Customs, but in their Language: Which also Strabo confirms, lib. 4. where he says they were not o\mojlo/paj, 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 maintained, viz. That the Gauls commonly used the Greek Tongue, may be refuted by this single Instance which C�sar 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

'All' e\ni/a=j mikri\n paralla/spnsai; t3 glw/p=aij.

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 C�sar, where he tells us the Gauls, in their publick and private Reckonings, Gr�cis literis usos fuisse. But let us see whether the word Gr�cis in that place ought not to be left out, not only as unnecessary bur surreptitious. Since it was sufficient to express C�sar'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 tor Writing among Latin Authors. Besides, it had been a Contradiction to say the Gauls were unskill'd in the Greek Tongue, as C�sar 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 Gr�cis in that place, are not to be taken for Writing Greek, but only for the Charracters 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 C�sar says in the First Book of his Commentaries, viz. That there were found in the Helvetian Camp, Tablets, literis Gr�cis 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 C�sar, 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. Justinus, lib. 20. says, there was a Decree of the Senate made, that no Carthaginian, after that Time, shou'd study the * 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

* Gr�cas literas.

28th Book, �� "Hanibal erected an Altar,

and dedicated it with a large Inscription of all his Atchievements, in the Greek and Punick Tongues, Item Lib. 40. Both Altars and Inscriptions on them in the Greek and Latin Tongues. Lastly, I cannot imagine, that C�sar wou'd have expressed himself, (if he had meant, as these wou'd have him) Gr�cis literis scribere; but rather, Gr�carum 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 qu� veterrimis Gr�corum, &c. Now lest any body shou'd wonder, how the Word Gr�cis crept into C�sar'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 suit. 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, w, y, z, f; and sent Epistles to the

several Schools in his Kingdom, that the Boys should be so taught. Aimoinus mentions only three Letters, x, q, f?; 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, C�sar 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 C�sar tells us it was the Custom for those 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.


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 C�sar, 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, C�sar 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 Gr�cia, 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 Praise and Fortitude, which (as Tacitus tells us) was quite gone, as soon as they lost their Liberty. Yet some Cities, or Commonwealths, fas Plinius, 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 �dui.

But we may easily learn from these Words of Critognatus the Arvernian, mentioned by C�sar, 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 C�sar, 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 permuted 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 C�sar'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,

lib. 15.

Narbonensis prima, Narbonensis secunda, Aquita-

nia prima, Aquitania secunda, Novempopulana,

Alpes maritime, Belgica prima, Belgica secunda,

Germania prima, Germania secunda, Lugdunensis

prima, Lugdunensis secunda, Lugdunensis tertia,

Maxima Sequanorunt, & Alpes Gr�c�, as Anto-

ninus 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 Insolencies 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 a 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 occasion to Suetonius, in his Life of

Augustus, to say, �� "He drove the Germans

beyond the River Elb; but the Saevi and Sicambri (submitting themselves), he transplanted into Gallia, where he assign'd them Lands

near the River Rhine ��. Also in his Life

of Tiberius, �� "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 Vopiscus records, concerning the Reign of Probus the Emperor; in whose time almost all Gallia, that is, sixty Cities, re-

volted from the Romans; and with common Consent, took up Arms for the Recovery of

their Liberty: �� " Having done these things

(says be) 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 Theodosius, 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.


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, Johannes 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 Pyren�an 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 Turingi 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 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 Matters 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 Vincis, lib. epist. 6. cap. 25. * � "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 cou'd find nothing certain: notwithstanding he had seen an ancient Book of a certain Historian of theirs, called, Sulpitius 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

* These are only broken pieces of Sentences, to prove, that the Germans (establish'd in Naples and Sicily) were called, and actually were Franks.

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 Stilicons Victory, writes thus;

Ut jam trans fluvium non indignante Chayco

Pasect 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, supp!y its Armies in time of War �. And in another Panegyrick, by Eumenius the Rhetorician, we find this Passage, "Aut h�c 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 covered it; but now ceases to be barbarous, and is civilized. To the same Purpose is Procopius's 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 Zonarus, 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 pe[r]petual 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 C�sar, have proceeded so

far, as to clear and conquer that Country,

which the Rhine runs through, with his cunning M�anders 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 Galenus. "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 warlike 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 Gr�cia 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 f�licitas: qui � Ponto usque correptis navibus, Gr�ciam Asiam que populati, nec impun� plerisque Lybi� littoribus appulsi, ipsas postrem� navalibus quondam victoriis nobiles ceperant Syracusas: & immenso itinere permensi, Oceanum, qua terras rupit intraverant: atque ita eventu temeritatis ostenderant, nihil esse clausum piratic� desperationi qu� 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 eroded 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 Caninefates: 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 Caninefates, 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 Turnebus, 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.


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 shou'd 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 Soldiers 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 Caninefates, 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 g[r]eat 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 Ambassdors, 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 un-

bounded 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 Original, of the Word Frank, viz. That whoever contributed Money towards the Building of St. Denis's Church, shou'd be called Francus, that is, a Freeman; is not worthy of being remembred, no more than all the rest of his trifling Works, stuff'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, bur also

France from the Tyranny and Oppression of the

Romans; and at last (crossing the Alps) even

a great part of Italy it self.

The first mention made of this illustrious

name, we find in Trebellius Pollio's 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 Celt� 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,

e9pole/mise d\ fro/sgoij &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 C�sar. 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 these things, he first of all march'd toward 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 entered the Country of those Franks called Attuarii, a turbulent sort of People, who at that time made great Ha-

vock 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 Matter 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 mult be apply'd what St. Ambrose writes in his Letter (the 29th) to Theodosius 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 establish'd 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 crossd 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 be-

fore) 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 Hunni under their Leader Attila wasted Gallia with Fire and Sword. This Attila having an Army of about Five hunched thousand Men, over-ran all Gallia as far as Thoulouse. �tius was at that time Governor of Gallia, who fearing the Power of Attila, rnade 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 �tius being suspected by Valentinian of aspiring to the Empire, was afterwards, by his Command, put to Death; and within a little while alter, 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 Celt�, between the Seine and the Guronne. 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 anci-

ent 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: * 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 Capevingians, who being descended from Hugh Capet, now rule the Kingdom, and have done so for Five hundred and eighty Years past.

* Hotoman's


lia was written Anno 1573.


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 De moribus Germanorum, proves plainly; and we have shown, that our Franks were a German People: Reges ex nobilitate, Duces ex virtute sumunt; "Then Kings (says he) they chuse from amongst those that are most eminent for their Nobility; their Generals out of those that are famous for then Valor: Which Institution, * to this very day, the Germans, Danes, Swedes 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 preferred 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 de-

* 1574.

than to the qualification orthe Pnnce they, are about to set over them.

And that this was the Wislom of our Predecessors in constituting the irancvgalho.n hmgdom, we may learn, First, irom the laU Will and Testament of the Emperor Char ^, publim'd by Joannes Saucer us and Hcnnc"sM-

tius; in which there is this Chute �� "And it

any Son shall hereafter be born to any of these, my three Sons, whom the People shall be litting to ElcQ to succeed his lather in the Kingdom, My Will , that h,s 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- kys, of PJwmflWttf, commonly counted the hi st King of the Fhiafc, in these Words.- The Franks e/eBing for themsclves a King, .according to the custom of other Nations, raised up Y\uramond to the Regal Throne. And again, lib. 4.� But the Franks took a certain Uerk or Fried called Daniel* and as soon as his Hair was grown, eslablisid him m the Kingdom, calling himCW^w. And/,H.^7 King Ptfi/being dead, his two Sons, C/W and CarLmnJ, were r/rffci KK^'k con[ent of all the Franks. And in another phce� As soon as fipin was dead,, the Franks having appointed a solemnConvention, conputedbofo his Sons Kings over them up^this foregoing condition, that they Qwuld divide the whole Kingdom equally between them.------

And again, after the Death of one of the Brothers� " But Ourles, after his Brother's Decease, was cnnslituted King by the consent of all the Yranks. Also, towards the end of his Hiltory of Charles the Great, he says, " The Nobility of the Franks being solemnly allembled from all parts of the Kingdom s he, in their presence, called forth to him Lewis Kin� of Aq.titain, (the only one of He/Jcgardis's Sons then living) and by the advice nnd consent of them all, constituud him his AU; -ciate in the whole Kingdom, and Heir of 'he Imperial Dignity. Thus much out of Aimoinus. Mjny TeUimonies of the like nature we find in Gregorius 'Huron, whtreot we lhall cite only thelc few following, lib.?. cap. 12.-*-�i The Yranks (says he) having expelled Chiideric;

unanimouily tidied E.ido fbr their King. ��

k\\'olib. 4. cnp.<$\. �� "Then x\\$Franks (who

once look d towards Childebcrt the Elder) lent an Fmbjlly to Sigcbcrr, inviting him to leave Chilperic and come to them, that they by their oxen Authority might rruke him King.�

And a little after �� " The whole Army was

dnwn up before him; and having see him upon a Shield, they appointed him to be their

King. �� And in another place ��" Sigikrt

agreeing to the Franks Fropusals, was placed upon a Shield, according to the Cultom of that Nation, and proclaimed King; and To go: the Kingdom from hisBiother Chilperic

And presently' after �� "The Burgundians

and Auslrasians concluded 3 Peace with the Yranh, and made Clutharius'frng over them in all the three Kingdoms, Which particular the Abbot of Urspcrg confirms. " The Burgundians (says he) and Auslrasians 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 o� his Brothers,' called Hiidtric, who was already .King of the Auslra/ians, to be^lso their King. To this matter1 belongs what Luitpjrandus Ttc'mcnsis writes, lib. 1. 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 Ambalsadors of the. Franks met him, acquainting him that they were returning Home again; becaule being tired with long expectation of his corning, and not able ^any longer to be without a King, they had unanimously Cholen Odo or Wido, tho' 'tis reported the Franh did not take Wido upon this occasion for their King, Uc.

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 rejeU'mgtheir King's Son, and sct" ting up another inhisstead. Fox {Juhanno 2><^o.)

he says thus �� "But the Franks negle�Ying

Charles the Son of Lewis the Stammerer, a Boy scarce ten 'years old} Hected Odo for their King, who was Son of Duke Robert, (lain by the Romans. AWbOtto Frinsmg. Chronic, lib. 6. cap. 10. "The Western Franks (says he) with the content of Arnolphus, cholefor their King Odoz valiant Man, and Son of Robert.� Also in the Appendix to Gregory of Tours, lib.15.cap.30. After the Death of Dagobcrt, Clodoveus his Son obtain'd his Father's Kingdom,' being at that time very young, and all his Leudcs (that is, Subiects) raised him to the Throne,

in Villa Alasolarto ��. Also Sigebert. in chrome, anno 987. �"LMxKingofthe.F/vwks being dead, the Franks had a mind to transfer the Kingdom to Charles the Brother of Lotharhts \ but whilst he spent too much time, deliberating with his Council concerning that Affair, Hugo acquires the Kingdom of the Franh, &c There are many Testimoniesof the same Kind in Ado, viz. anno 686.� Clodoveus the King dying, the Franks elect Clotarius his Son for their King. And again, � Qotarius having reigned four Years, died, in whose Read the Franks eleQed TJieodorick

his Brother ��. Again , anno 669. The

Franks ettablish'd in the Kingdom a certain Clerk, called Daniel, having cauled him to quit his Tonsure and Orders, and n3tne him Cbilpcric. And again, �� The Franks appoint, as King over them, Theodoric the Son

of Dugobert ��. Also Otto Friswg chron. 6.

cap. 13. �� " Otto (says he) King of the

Franks being dead, Charles was created King by unanimous Conlent�. The Appendix to Greg, luron. lib. 11. cap. 101. says thus, When Theodcric was dead, the Franks elected Clodoveus his Son, who was very young, to be their King. And cap. 106. But the Iranks 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 Zachariat, they having thrusl their cowardly King Hilderic into a Monaslery.

From these Proofs, and very many others like them, I think 'tis most plain, that the Kings of FrancogaUia were made such rather by the Suffrages and Favour of the Pcop.'e, than by any

Hereditary Right.' Of which a farther. Argument may be the Forms and Ceremonies used by pur Anceslors, at the Inauguration of theit Kings. For we obierve, the very same Custotn was continued at the ElcQion of our Kings, which we told you before out of Cornelius Tacitus, was formerly practised by the Caninesatcs> (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 EleUion, or round about the Army on Men's Shoulder?, all the People expresling their Joy by Acclamations, and. clapping of Hands. Greg. "Huron, lib. 2. where he makes mention of King Clodovcus\ Election, � " But they (says he) as i'oon as they heard thele 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 spcaks of Gondeb.rfdm,� " Arid 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. %. cap. 6. gives

us this Account, ��" They called forth Gon-

debaldus, and according to the Cuttom of the ancient Franks, proclaimed him their King, and hoisted him on a Shield; and as they were carrying him the third time round thewhole Army, of a sudden they fell down wirh him,- and could scarce get him up again

from the Ground�. The like says Ado. Vien.

fEtat. 6. ��" Sigebertus consenting to the

Franks, was placed upon a Shield, according to the Cuslcm 0} that Nation, and proclaimed King: And peradventure from hence arose that Form among those Writers, who treat of the Creation of a King; � In Regent ekvatus 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 tliink it is pi linly prov'd from all our Annals, that the highest Power of abdicating their Kings, was lodged in the People. The very firl: that was created Kin?, of Yrancogallia, is a remarkable Insonce of his Power. For when the People had found him out to be a profligate lewd Person. wjlting his time in Adulteries and "Whoredoms they remoud him from his Dignity by universal Content, and conltrain'd him to depart out of the Territories of \rancc: and this was done, as our Annals teitify, in the Year of O.'rjst 469. Nay, even haJv, whom they had p]:iced ill his ifeid, abusing hisPower thro' exctsine Pride ar.d Cruelty, was with the like Seventy turned out. Which Fail we find attested bv Gregory of 'I'ours, lib. 2.' cap. 12. AmoWits, lib. I. cap. 7. Godfrey of Viterbo, part. 17. cap. 1. Sigibertus, sob annis 46*, 8f 469.�� " Cbildcric shy^Grcgorius) beingdiiiolved:in Luxury, when he was King of the Franks; and beginning to deHowex their Daughters. wn> by his Subjcds cast out vj the Throne nith Indignation, wheteupon he finding they h; id a Delign to kill him. Hod into Thoring'ii. But the Ablmt ot'V?spi/g says, the People were unwilling to kill him. bur


contented themselveS with having turn A him out, because be was a dissslute Man, and a Debaucher of his Subjects Daughters�, Sigibertus says, � " Hilderkk behaving himself insolently and luxuriously, the Franks thrusl him out of the Throne, and made JEgidius their


And this most glorious and famous Deed of our Ancestors, deservcs the more diligently to be remark'd, for having been done at the veryBeginning, and as it were, the Infancy of that Kingdom; as if it had been a Denunc ation, and Declaration, that the Kings of Fr.ncgalfia were made such, upon certain known Terms ani. Conditions; and were not Tyrants with absulutc unlimited and arbitrary Power.

Their SucceiTors also, keeping up the same Custom, in the Year of thrist 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 wh'pp'd, without bringing him to a Tryal, was a tew Days after slain by the same Bodilo. Out Authors are Aimoinus, (ib.^. wp.44. Tr'uhemius, anno 678. and Sigebertus, anno 667. The Severity of our Ancestors append in the same Manner a little while after, in the Instance of their 12th King Tbeodoric; who being a wicked and covetous Prince, " the Franks (says Aimoinus) rose up against him, and cast him out of the Kingdom, cutting orl his Hair

by jorce, lib. 4. cap. 44.------Ado, iEtat. 6.

anno 696. but Sigebertus tub anno 667. imputes .:jreat many of his Crimes to Ebroinus his Favourite and chief General. " King Tbeodorick

((ays he) was deposei by the Franks, becausS of the Insolence of Ebroinus, and his Brother Wlderick was with unanimous Content chosen King. And Ado says, The Franks ast Theodorkk out of the Kingdom, shaved Ebroinus in the Mopaltery of Lexovium, and afterwards raised OriLknck to be King over them. Al- so the Appendix to Greg, of Tours, lib. II. cap. 64. � "' The Franks rile up In Arms against Tiwodorick, 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, and made him a Monk, judging him unworthy to sit at the Helm of so great an Empire, � by reason of his Sloth. Whereof Aimoinus, lib. 4. cap. 61. Sigibertus and Tr'nhcmius, anno 750. and Godfrey, Chronic, parr. 17. cap. 4. are our WitneslTes.

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 .*. rejcUcd 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 i'rising. chron. 6. cap. 9. where he adds this memorable PrtsTage, � " 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 wanced Bread to eatj and miserably begged a small Allowance from Arnc!p})HS, who was chosen King in his stead,

* Regno se abdictre cot permit, Propter incrtiam.

'.-.'Abopti. Tnatibus Rrgni repudiatat.

and thankfully accepted of a poor Pension: From whence we may oblerve the uncertain and miserable State of all Human Greatnest \ that he who had govern'd all the Easlern 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 eletted 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 ILevcii. Which Fa�l is recorded by Sigebertus, sub anno 894. Aimoinus lib. 5. cap. 42. and <Godfridus part. 17.

We mutt add to this Number Charles the 27 th King, sirnamed (* because of his Dulness) Charles the Simple: Who having thro' his Folly suffer'd his Kingdom to run to Decay, and lost Lonain (which he had before recover'd) was taken and cast into Pr is on, and Rodo/phus was choJen in his place, as Aimoinus, lib.; . cap. 42. and Sigebertus, anno 926. do testify.

* Propter

Stupwem inieni'u J


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 jdoes); bur 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 Quettion, � What Rule was observed in Relation to the Children of the deccased King, when lie left more than one behind him. For since the Supreme Power not only of Creating, >but alto of dethroning their Kings, was lodged in xhzConvemion of the People, and Publick Council of the Nation; it necetlarily follows, that the ordering the Succession {whether they should give it entirely to one, or divide it) was ltkewile in the People. Akho' in this place another Qyeition may arise, viz. suppoh'ng the People shou'd reject the Son of their King, and elecl 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 Lawyer^ reckon tour Kinds or such Goods, as may' be propeily said to be under the King's * Govern,ince; viz. the Goods of C�sar, the Goods, of the Exchequer; the Goods of the

In Regis


Publick, and Private Goods. The Goods of C<tsar are such. as belong to the Patrimony of every Prince, not as he is King, but as he is Ludovicux, or Lotharius, or Dagobertus. Now this Patrimony is calkd by the Gallican Institutions, The King's Domain; which cannot be alien'd , but by the Content of the publick Council of the Narion, 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, pardy to defend the King's Dignity, and partly appropriated to the Uies and Exigencies of the Commonwealth. The Goods of the Publick (as the Lawyers call them) are such as inlepararably belong to the Kingdom and Commonwealth. The private Goods are reckon'd to be such Fstate, Goods and Fortune, as are elteemed to belong to every Father of a Family. Therefore upon the Death of any King, if the Kingdom be confen'd on a Stranger, the Hltate, as Lawyers call it, (being what w.ts not in the King's Power to alienate) shall descend by Inheritance to his Children: Rut that which belongs to the Kingdom and Commonwealth, must neceslarily go to him who is cholen King, because it is patt of the Kingdom. Altho' it may be teasonable, that Dukedoms, Counties, and such like (by Content of the publick Convention of the People) may be aliened to lucli Children for the Maintenance of their Quality; as Otto Frising, Chron. 5. cap. 9 and Godfrey of Viterbo, tell us, That Dagobert Son of l/'thanus being made King, alsignel certain Towns and Villages near the Loire, to his Brother Hcribert for his Maintenance. Which confirms, lib. 4. cap. 17. and further

adds, that he made a Bargain with him, to live as a private Person, and to expe�l no more of his Father's Kingdom. Also in his 61. chap. where he speaks of King Pipin, " He bestowed (says he) Come Counties on his Brother Grifen, accord-ng to the Order of the Twelve Peers. And to this belongs what Greg. Turon. writes, lib. 7. cap. 32. � " Gondnbaldjs ient two AmbasTadors to the King with consented Rods in their Hands ,, (that no Violence might be offei'd them by any body, according to the Rites of the I'ranks) who spoke thele Words to the King, Gondobaldus says, he is a Son of King Clotharius, and has lent us to claim a due Portion of his Kingdom. But to retmn to the Question, as far as it relates to the Succtssion of the Kingdom; I can find out no certain Rule or Law in Franccgallid touching that Matter; becaule (as I said before) the Kingdom was not hereditary. 3Tis true, that in many ~Koble Patrimonies there was what we call Fiefs, Feuda; as Otto I'rismg. lib. 2. cap. 29. obterve^, " *Tis the CuLtom (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 lookirg on him as their Lord------.

And that the lime was practised among the whole Nation of the Franks, Pctrus de Vmeis, lib. epiit. 6. epilt. 25. and in other Places of his Writings, lets forth a: large. But in the SuccelTion of the Kingdom a different Rule was observ'd. For our Records do testify, that in old times the Kingdom of Irancogallia, upon the Death of the King, was very often,

not bellowed by the Deop!e on any one of his Sons, but divided into convenient Parcels, and a part asligned to each of them. Therefore when Qodoveus the 2d King dyed, anno 515. who left four Sons, Tbeodorick, C/odoveus, Childebert, and Clothar'us, we find the Kingdom was thus divided among them; Tbcodorick had the Kingdom of Metz ibr his Shire, C/odoveus that of Orleans, Cloth mus tint of Sjilsons, and Cbildebertus that of P<?m, as 'tis recorded by Agathuts, lib. hilt. 1. Grcg.T.tron. lib. 3. cap. 1. Ainwinus lib. 2. cap. 1. lsoegino sub anno 421.

Again, after the Death of Clothjnus the 4th, King, the Kingdom was divided among his four Sons. So that Cberebertus had that of Paris; Giint/anus, Or!eans:Chi!pericus, Soissons: and Sige-

bertus that of Kbcims ��, Greg. lib. 4. cap. 22.

Aimoinus/iA. 3. cap. 1. Rhegino tub anno^5$.

On the other hand, Otto hrisi/ig. chron. 5. cap. 9. and God. Viterb. tell us, That about the Year 6:0, when Loibaiius the 7th King died, l\igobertus his Son reigned singly in France, and aihqned to his Brother Henbert some Cities and Villages on the River Loire, fir his Maintenance. For from Clodoveuss Time till now, the Kingdom of the Franks wa:> confusedly iubdivided 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 fiom Spain, as far as to Hungary: Dagoba t being sole King of all the banks, pave Laws to the Bavarians. So says Godefridus, not without good Grounds, as many wile Men have thought. For, as Jitsiin tells us, lib. 21. " That Kingdom will be much more potent, which remains under the Domination of one Person,

than when 'tis diveded among many Bro-


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 betore; viz. That the whole Power, relating to that Matter, was lodged in that Council. For Egui~ narthus, in his Life of Qurlemagn, writes thus, �� After King Pipin\ Death, the Franks having asscmbled themlelves in a solemn general Convention, did there appoint both his Sons to be their Kings, upon this Condition, that they lhou'd equally divide the whole body of the Kingdom between them: And that Charles Ihoud reign over that part of it, which their Father Pipin enjoy'd; and Curloman over the other Part which their Uncle


Also the Abbot of Ursperg says, �� "When

Pipin was dead, his two Sons Charles and Grloman, by the Conscm of all the Franks, were created Kings, upon Condition, that they Ihoud divide the whole body of the Kingdom equally between them ��. The same

Method in dividing the Kingdom, was pra�Used after the Death of Cbarlemagn, as 'tis manifest by his lalt Will and Testament, recorded by JoannesKauclerus, an&Egitinarthus'sliislQry of his Life. Wherein we find almost all Europe Ib divided among his three Sons, that nothing was asligned either as a Portion or Dower, to his Daughters; but the marrying and providing ibr them was entirely trusted to the Care and Prudence of their Brothers. Otto Frisingensis, chron. 0. cap. 6. and Rhegino in chron. anno

877- assure us, that the same Manner of dividing the Kingdom was pracYis'd in East-Yrance, 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 Arbitrament of the Kings them/elves; but done by the Authority of the Pubiick 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 Fathers Kingdom between them, according to the DireRion of their faithful Subjells. 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 oj disposing of it was lodged in the Pubiick Council of the Nation. Indeed afterwards in the Reign of Philip the?d, (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 // the Ancient Insiitution of our Ancesbrs ought to be our Rule, the Determination of this whole Matter musi be left to the Pubiick General Council of the Nation: that according to the Number of Children, some particular Lordships or Territories, may (by its Authority) be asligned for their Maintenance.


Of the Salick Law., and what Right Women had in the Kings their Fathers Inheritance.

BEcause we have undertaken to give an Account of the Law and Right of Regal Inheritance, we must not omit nuking 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 Succesiion to the Crown. For when (Anno 13? 8.) Charles the Fair, Son of?hilip the Fair; died, leaving his Wife with Child of a Daughter, (which some Months after was born) Edaard King of England (Son of l/abella, the Daughter of Philip the fair, and Siller to Charles lately dead) claimed the Inheritance of his Grandfather's Kingdom as his Righr. But Phi' lip ofValeis, Couiin germ in by the Father's Side to the deccased King, ibnding up, alledged that there was an ancient Regil Law, called the Salick Law, by which all Women were excluded from the Inheritance of the Crown. Now this Law both Gdguinus and other Writers of like Stamp tell us, was written by tharatnond; and he calls it a moll famous Law, even to his Time. For in his Life of Philip of V'alois; The Salick Law (says he) was a Bar to Kiav/zvfs Title; which Law being first given by Pharamond to the Franks, has been religiously oblerved, even to those Days. By

that Law, onljr the Heirs Male of out Kings ate capable or governing the Kingdom, and. no Females can be admitted to that Dignity. The Words of that Liw are these: Kulla hereditatis portio de terra Salica ad mulierem venlto; Let no Part of the Inheritance of Sjlick Land come toaWom.m. Now (says Gaguinas) the French Lawyers call Sjlick Land, iuch as belongs only to the King, and is dirT.'rent from the Alodial which concerns the Suhjetts; to whom, by that Law, is granted a. free Dominion of any thing, not excluding the Princely Authority. And to the sain; Purpose, not only almott all the Francogallican Hiprians, but even all the Lawyers and Petitjoggers have wrote to this Day, as Paponius teltifies, Arrrst. lib. 4. cap. 1. So that now th? mittake has prevailed so far, as to have obtrn'd the Force of a Law. To explain this, it must be remembred (which we formerly gave an Ac: count of) that the Franks had two Scats of their Empire, and two Kingdoms; One in France, which remains to this Day; The other beyond the Khine, near the River Sala; from they were called Salii, and Salici Franci (joyning the two Names together) but for the most part briefly Sa/'ui; the Kingdom of these last, and even their very Name is in a Manner extinct. Ammiaruts Marcellinus mikes mention in his History (a3 we told you before) of thess Salii, and thews, that they are called the Ejslern I'ranks, as the others were called the Western. Now as there were two Kingdoms of the Franks, so they had different Liws: those that belonged to the Salii, were called Salick \ those that belonged to the Francoga/li, were called i'rencb. b&uwartbus in hia Life of Charles the

Great says thus: � "After he had aslurned, the Imperial Title, finding that his Peoples Laws were in many Things deficient, {for the Franks have tn-o Laws very different from each ether m rminyCtises,) he thought of adding such as were wanting.� The Author of the

Preface to the Salick Law has this Pasl'age.------

The renowned Nation of the Franks, before it was converted to the Catholick Faith, enacted the S.i!ick Law by the Great Men of the Nation, who at that Time were their Governors^ and from among a great many, four Peribns were chosen; IVisogasl, Arbcgast, Sdbgasl, and IVindogast; who, during three Conventions [ tres iallos"\ carefully perusing all Causes from their Original, gave their Judgment and Decree of every one of them

in this Manner, &c. �� Sigcbertus in Chron.

anni 422. & Otto Frising. lib. 4. cap. penult, make use of almost the same Words. " From that time (sjy they) the Law; , recommended to them by Wisigjslaldus and Salcgaslus, began to be in Force. By this Salogastus, they tell us, that Law was invented, which from his Name is to this Day ailed the Salick Law; and the most noble of the Franks, called 5^-

lici, oblervc it at this time. �� Thus say the

old Chronographers. By which we may refute the Error of iuch as derive the Salick Law, a Sale, that is, Prudence \ or what is called coriuptly Lex Salica, inltead of Gallica; than which nothing cm be more absurd. But much greater Errors spr'1113 from the same Fountain: Firit, That People are so fir imposed upon by those Authors, as to believe the Salick Law had reference to the Publick Right of the Commonwealth and the Government, alib to the Hereditary Sue-

cession of the Kingdom, Now the very Records or Tables of this Salick Law were not many Years ago found and brought to Light ^ from whole Inscription it appears, that they were first written and publish'd about Pharanond\ time: Besides, that all the Heads and Articles, both of the Salick and French Law>, were Constitutions relating only to private Right between Man and Wan, and meddled not with the Pub/ick Right of the Kingdom or Commonwealth: among the restj one Chapter,

tit. 62. has this in it. �� "Of tne Salick Land,

no Part or Portion of Inheritance paiTes 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 (aftera long Course of Time) among the Grandsons and great Grandsbns, de*ahde terrx; let it be divided, Non per slirpes sed per capita. The like Law, Ext at apud Ripuarios, tit. 58. Item ap>:td Anglos, tit. 7. Where they are ib far from enabling any thing relating to the Inheritances of Kingdoms, that they do not so much as aftect Feudal Succcslion?, but only belong to AUcdial; alt ho1 a Portion was asligned to Women out of those AUodial Lands. Which Way soever this Matter may be, 'tis manirlst 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 Cultoms and Initiations of a Nation, preserv'd inviolate by universal Consent, during so many Ages, obtain the Force of a written Law �. For tho' Childcric, the Third King, left two Daughters behind him at his Death, the Kingdom was given to his Brother Lotharhis,2nd his Daughters excluded. Again, af-

* Allodium is the contrary to Fiudum $ Gotbii kr Wordsr for wh'ch 'cis d'tficuic ta find proper Eng.t,Jb.

ter the Death of Cherebert the 5th Ktng, who left three Daughters; the Succesiion devolv'd upon his Brother Sigeben. Also when Gontrannus King of Burgundy and Orleans died, the Kingdom was conferr a on his Brother Sigebertt not on his Daughter Ootilda. Lastiy, Philip of IWVs Advocates might with greater Caution, as well as Efficacy, have argued for him out of the Feudal Law, by which all Inheritances of Fiefs delccnd to the Male IslTue 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 lief returns back to the other Stock or Branch: which was the \ery Case at that Time. But such Fiefs as thro1 a Depravation of the Law, are convey'd down to Women, cannot properly be called Feuda, but Feudaslra, as in other of our Writings we have made it appear.


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 Anceltors, relating to the Hair worn by the Royal Family: For 'tis recorded, that our Forefathers had a particular Law concerning it; vis. That such as were chosen Kings by the People, or were

of the Regal Family, shou'd prelerve theii Hair, and wear it parted from the Forehead, on both Sides the Head, and anointed with sweet Oyl, as an Ornament and peculiar Mark or 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 sliaved, upon the Account (as 'tis probable) that they shou'd be more ready and expedite in their continual military Extrciso, as the Roman Hiltories tell us of Julius C�sar, and several others.

Aimoinus, lib. i. cap. 4. says �� "The Franks

chuiing for themlelves a King, according to the Cultom of other Nations, raised, Fbararnond to the Throne, to whom succeeded his Son Clodic'crinitus; For at th it Time the Kings of the Franks wore larp,e Heads of Hair. Alio lib. 3. cap. 61. Gundoaldas being brought up by his Mother after the regal Manner,' wore a long Head of Hair, according to the Cultom of the ancient Kings of the Wanks. In like Manner Agatbins, lib. de Bell. Goth. 1. where he (peaks of Clodoveus, one of our Kings, who was taken in Battel by the Burgundi.ins, (he calls him Godamirus). " As loon (says he) as his Horle had thrown him, the Ktrgundians tspying his large Head of Hair, which fell back over his Shoulders, prcslntly knew him to be the Enemy's General; for tis not lawful tor the Kings of the Franks to cut off their Hair, but even fiom their Childhood they remain untrimm'd, and always keep a large Head of Hair hanging low down upon their Backs. And we ha\e many Inltances that it was our Ancestors Cultom, 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 earnettly beholding

him, commanded his Hair to be cut off, denying him to be his Son. �� Also �� Having

aulcd 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, andsuffer'd his Hair to gtow again, &c. Which Story Gregory of Tours, lib. 6. cap. 24. likewise records. Also cap. 44. where he speaks of King Thcodcrick.� " The Franks (says he,) role up in Arms against him, and calt 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 mult concert what Measures ought to be taken in this Affair} whether we shall order their Hair to be cut off, and so reduce them to the State of common Subjects; or whether we ihall cause them to be put to Death, and afterwards divide the Kingdom between us: Then they sent Archadiits with a Pair of Scilsars 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 lent me to know your Pleasure, what Deltiny you are pleased to allot to these two Youths; whether by sufferinj their Hair to be cut off, you will have them

to live i 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, thar 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 Crestj and that was their Cognizance or Mark in all their Fights. Therefore Aimoim/s, 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, cue off with; i B'.ow of a Sword on his Head, sent them hy his Esquire to his Father, desiring him to haiten to his Aslistance.

Now when I consider what might be the Reasbns of this Inltitution, I can find none but this: That iince it had been the ancient Custom of the Gauls and Franks to wear their Hair long (as ir was also of the Siaimbri, and of most others in those Parts) our Ancestors thought fit to continue, and in Process of Time to appropriate this Ornament, and Mark ofDiItinaion to the Regal Family. No Pcrson, tho' but indifferently learned, needs any Proof that the Gauls wore their Hair long, dpecially when he calls to mind that of the Poet Claw dian, ex lib. in Ruffin. 2.

Inde truces flavo comitantur vertice G llli , Sluos Rhodanus velox, Aratis quos tardior ambit t Et quos nascentes explorat gurgite Rhenui.

Now that the Franks did so too, whom we have shewn to be descended from the Chiuci or

Cbaiici, that single Passage of the Poet Lucan is sufficient to confirm.

Et vos Crinigeros bell'is arcere Chaycos Opposui, pcthis Roman, &~t.

Which being so, we may easily comprehend the Reason why Strangers, who were ill affeQed towards our Nation, contumeliously called our Kings, who wore \'o a Head of Hair, Rrgessetatos, kisl'ed Kings; and not only so, but (tho5 Bridles and long Hair be commpn to Lyons, Horscs and Swine, all which are therefore called Sctcsi, oxSctigcri) they strctched the Contumely so far, as to say, they lud Hogs Briltles. From whence arose that filthy Fiction and foul Name, w/cz~z?-n"'; of which Gerrgius Cedrcnus writes thus in his History ,

't/.i-^T: 3 cl ct T6 'fitit itfiVis unayuiVQl KitSZ-T.l, 0

iHT.'^f <; t:,Vf, '��?.'t; '; that is, They who were of the Kingly Race were called Cristati, which may be interpreted BnJ)lcbackd\ becuuse they had all along their Backbones

Briltles growing Cut like Swine �. Which

Passugecf Cedrcnus, I Iv.-lievc, is corrupted, and inltead of the Word *.*�*<, ought to be 27a'7t/, or perhaps both. For as seme Persons called them pleasmtly Chrishti, by Reason of tluir lar^e erecled Bunch of Hair upon the Tops of their Hdmets; so their Ill-Willers called them upbraidingly Set at i, or Sctigcri. If Cedrcnus had not heen io very plain in this Paslage, and the Appellation ot'G'ipti be to be retained, I ihou'd rather have thought they might have been called iziy.yaejKv.i, as being rcmarkible for their 'large Hudsof Hair.


The Torm and Conslittttion 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 Ctsir tells us) had no /ess Authority andPoi<ccr over their Kings, than the Kings had over the People. Populus non minus in Kegem, quam rex in populum imperii ac Porestatis 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 Tacit us, lib. de mor. Germ, says, � " Regibus non est infinita aut libera Poteltas. Their Kings have not an Arbitrary or Unlimited Porter. Now 'tis maniielt, that no Form of Government is more remote from Tyranny, than this: for not one of the three distinguilhing Marks , or Characteristicks of Tyranny, which the old Philosophers make mention ofcan be found in the Form and Constitution of our Government. First, as to a forced Obedience; /'. e. that a King shou'd rule over a People againlt their Wills; we have Ihewn you al-

ready, 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 VrdncogalHcan 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 Subjt�ts; 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. �� "KingGw?-

trannus being inform'd by an ordinary Fellow at Paris, that Faraulphus lay in Wait for him, patently 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 pretent a very fimous Hiltory extant of St. Lewis, written by that excellent Person Joannes JonviU.t; ts, who lived very familiarly with that King for many Years; in which whole History there is not the lcalt Mention made of Guards or Gjrisons, but only of Porters or Door-keepers; which in his native Tongue, he calls Ulhers.

Now as to the third Maik of Tyranny, which is when Matters are so carried, that what is done tends more to the Profit and Will of rhe Person governing, than to that of the governed, or the Good of the Commonwealth; we shall hueatter prove, ilut the Supreme Adminiilration of the FranccgaUican Kingdom ids lodged m the P.iblick Annual Council oj the Ration, which

in After-Ages was colled the Convention of the Tlirse EJJatcs. For the Frame of this Government was the very same which the Ancient Philosophers, and among them Plato and Arislotle (whom Polybius imitates) judged to be the belt and most excellent in the World, as being made up and constkuted 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 Republicd) prefers to all other whatsoever. For since a Kingly and a Popular Government do in their Natures differ widely from each other, it was necelljry to add a third and middle State participating of both, viz. that of the Princes or Nobility; who, by Reascn of the Splendor and Antiquity of their Families, approach, in ibme Degree, to the Kingly Dignity; and yer, being Su'bjecls, 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 Republican which, bucause of its singular Elegancy, we shall here Jnsert at length.

" Ut in fidibus (inquit) ac tibiis, atque cjntu ipso, ac vocibus, tenendus est quidam concentus ex distinctis lunis, quern immtuaturn ac discrepantem aures eruJiix fuie non possunt; iique concentus ex disTunillimjiuin vocum moderatione concors tamen dficitur, &. congruens; Sic ex summis, &. msdiU, 8t infimis iiuerjectis ordinibus, ut sonis, moderata ratione civitas, conll-nsu dislimilHrnorutiv concinit, 8c quar harmonia a musicis dicitur in cantu, ea est in Civiute concordia: arctissimum-

atq; optimum in Repub. vinculum incolumitatis, qux sine iustitia nullo pacto esle potest. i e. As in Fiddles and Flutes, and even in Singing and Voices, a certain Consbrt of distinct Sounds is to be observed; which if it be alter'd, or not tunable, skilful Hearers cannot bear or endure: And this Consbrt of very different Tones, is, through a just Proportion of the Notes, rendred Concord, and very agreeable: Even so a Commonwealth, judiciouily proportioned, and composed of thsfirst, the middhmesi, and the lowest of the States, (just as in the Sounds) through the Content 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 strongelt Bond of Safety for a Government, which can never fail of being accompanied with Jitslicc. Our Ancettors 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 transaQed by the common Content and Advice of all the Esiates. The Wisdom and Advantage of which Institution, appears chiefly in these three, things: First, That in the Multitude of prudent Councilors, the Weight and Excellency of Counsel shews it lelf more apparently, as and other Wile Men have (aid. Secondly, Bccausc it is an csscntial part of liberty, that the same persens, at vchose c]st and peril any thing is done, Jloii'd have it done likevoise by their authority end advice: for ('tis a common Saying) what

concerns all, ought to be approved by all. Lastly, That such Minilters 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 th\s grejr Coundly 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 Arislotle in his third Book of Politicks observes) be reckon'd Governments of Sheepj and brure Beasts, without Wit or Judgment;

not of Freemen, who are endued with Undcrsonding, and the Light of Reasbn. The Case' is thus �� That even as Sheep ard 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 lees less than several others among them; but by many select Pctsons, who, in the Opinion of all Men, are both very prudent and eminent $ and who a�t by united Counsds, and, as it were, by one Spirit, composed and made up of the Minds of rriiny Wise Men.

Now whereas it may he oh]e�tei, that most Kings have a constant Privy Council 10 adviie them in the Administration of publkk Affairs: We aniwer, That there is a great deal of Difference between a Councilor of the King, and a Cmnsellor of the Kingdom. This latt takes care of the Safety and Profit of the whole Commonwealth; the other serves the Humour and itudies the Conveniences of one Man only; and besides, theie King's Councilorj leside, for

the most Parr, 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 acqui'e a lawlels Appetite of Domineering \ are wholly intent upon their own ambitious and covetous Designi; 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 Lulls.

Concerning this Matter, we have a most excellent Saying of the Emperor Aurelian, recorded by F/uvius Vopisciu. �� "My Father uled to

toll me (says Aurelhn) that the Emperor Viodrsian, whilst he was yet a private Man, frequently siid, That nothing in the World was more difficult than to govern well. For, four or rue Persons combine together, and umnimously agree to deceive the Emperor $ they determine what shall be approved or disjpprovd. The Emperor, who, for the most parr, 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 desave to be made Ib; he removes from Offices in the Commonwealth such as he ought to keep in; in ihott, a good, provident and excellent Emperor is sold by such

Counsellors. �� Now our Ancestors, in the

constituting thtir Commonweakh, wisely avoiding thtse Mischids (as Mariners wou'd do dangerous Rocks) decreed that the Publkk Affairi lhou'd be irurwged by the joynt Advice and

Counsel of all the EJiates of the Kingdom. To which Purpose the Kin*, the Nobles, and the Representntives of the Commons out of the several Provinces, were obliged to meet at a certain Time every Year. And this very same lnstitution we find to have been that of many other Nation?. First in our Ancient Gallia, where the Administration of Publick Affairs was intrusted with the Common Councelof 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 Ampbuhom was instituted in Greece (as Suidat nnd others testify) by King AmphySion, Son of Deucalwn; and therein it was ordained, thac at a certain appointed Time every Year, Representatives

chosen out of the Twelve Commonwealths of Greece shou'd meet at HhermcpyU, and deliberate concerning all the weighty Affairs of the Kingdom and Commonwealth: For which Reason, Cicero calls this the C mmon Council of Gr.tcia, Pliny calls it the PubhckCouncil.

We find the like Wit'dom in the Constitution of the German Empire, wherein the Emperor represents the Monarchical Srate, the Princes represent the Aristocratical, and the Deputies of the Cities the Democratical; neither can any Matter of Moment appertaining to the whole Gcrrmn Kepub'ick be firm and ratified, but what is first agteed upon in tint great Convention of theThree Esiates. To this End was fntmd tha: ancient and famous Law of the Lacedemoni./ns, which joyned the Ephori to their Kings; " Who,?.s Plato writes, were desined to be like Biidles to the Kings, and the Kings we^re obliged to govern the CommonweaUh by their Ad-

vice and Authority. Pliny, lib. 6. cap. 25. makes mention of the like Practice hi the Island of Taprobana, where the King had. thirty Adviler^ appointed by the People; by whole Counsel he was to be guided in the Government of the Commonwealth; " For fear (says hs) lest the King if he hod an unlimited Power) should esteem his Subjects no other wile than as hi$ Slaves or his Cattcl. Furthermore, we find the very lime Form of Admin ltration of the Kingdom of England, In Poly dor e Vhg'il'% Mistory of England, lib. n. where he has this PalLge in the Life of Henry

the Fitlt. �� '" Before this Time the Kings

tiled to summon a publick Convention of the People in order to coniult with them, but Cldom: So rhat we may in lome Mannet say, rhnt the Inltitution derived its Original from Henry, which took such deep Root, thit it has jlA-ays continued ever lince, and still does lo; viz. That wh never related to the Well coverning or Consetvation of the Commonwealth, ought to be debated and determind by the great Council. And that if either the Kng or the People ihou'd act any thing alone, it ihou'd be elteemed invalid, and as nothing, unless it were first approved and established by the Autbonty of that Council. And for fear this Council shou'd be cumbred with the Opinions of an unskilful Multitude, (whose Cultom it is to diltinguilli nothing jultly) it was at first cltablish'd by a certain Law, what Sort of Persons, and what Numbers either of die Priesis 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 Occaswn requires. Thus far Folydore Virgil.

But among all the Laws and Customs of this Kind, there is none so remarkable as that of the Spaniards; who, when they cleS a King in the Common-Council of Arragon, (in order to keep up a perpetual Remembrance of their Privileges) represent a Kind of Phy, and introduce a certain Personage, whom they call by the Name of The Law of 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 ele�Ved upon certain Terms and Conditions) in Words which (because of the remarkable Virtue and Fortitude of that Nation in reprelsing the unbridled Will of their Prince,) we will here set

down at length. �� "Nos que valemos tamo

come vos, u podemos mas que vos; vos elegimos Keii con eltas ii eltas 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 ycu 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 1 his has a/ways been a conslant and universal Law of ell Rations, that are governed by a Kingly, and not by a Tyrannical Power: JTis very plain, that this most valuable Liberty of holding a CommonCouncil of the Nation, is not only a Part of the Peoples Right; but that all Kings, who by Rvil Arts do oppreis or take away this Sacred Right, ought to bs elteemed Violiters of the Laws of Kations; and beir.3 no better than Enemies of du-

tntn Society, must be consider'd not as Kings, but, as Tyrants.

But to return to the Miner in Hand. Our Commonwealth being constituted by the Laws of our Anceltors, upon the Bottom abovemention'd, and participating of all the three Kinds of Government; it W3S ordain'd, that once every Year (and as much oftner as important Occasions ihould make it neceslary) a Solemn General Council shou'd be held: Which for that Reason, was called a Parliament of the Three Esiates. By th-it Word was meant a Convention or Meeting of Men out of several Parts of the Ccintry to one Place, there to confer and deliberate concerning the Publick Welfare: And therefore all Conferences (tho' between Enemie>) in order to a Peace or Truce are always in our Chronicles called by the Njine oi Parliaments. Now of this Council, the Kmg sitting in his Golden Tribunnal, was chiej; next to him were the Princes and Magistrates of the Kingdom; in the third Place were the Representat'ive: of the several Towns and Province; , commonly called the Deputies: For as soon as the Djv prefixed for thi; Aslembly was come, the 'Kmg was conduced to the Parliament Horsr with a Sort of Pomp and Ceremonv, moie adapted to popular Moderation, than to Regal Magnisicence: which I shall not scruple to give a ju(t account of out of our own Publick Records; it being a Sq:t of Piety to be pleased with the Wildom of our Anceliors; tho' in these most profj'gire Time% I doubt not but it wou'd appear ridiculous to our flattering Courtiers. The King then was seared in a Waggon, and drawn by Oxen, which a Waggoner drove with his Gcad to

* Lajksli ti.i dt Ax. ra*vn.

the Place of Asssmbly: But as soon as he was arrived at the Court, or rather indeed the Venerable Fa/ace of the Repub/ick, 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 Majeslas, Royal Maiesly. Of which we may even at this Day ohserve a signal Remain in the King's Broad Seal, commonly called the Chancery Seal. Wherein the King is not represeiited in a military Posture a Horleback, or in a Triumphant /Manner drawn in his Chariot by Hortes, but sitting in his Throne Robe'd and Crcwrid, holding in his Right Hand the Royal Sceprre, in his Left the Sceptre of Justice, and presiding in his Solemn Council. And indeed, in that Place only it can he said that Royal MajeJIy does truly and properly resiie, where the great Affairs of the Commonwealth are trans; �ted; 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. Fit It, out of tginarthus, who was Chancellor to Charles the Great', and wrote hi Life. These are his Words: " Wherever he went (s peaking of Qharlemagn) about the publick Affairs, he was drawn in a Waggon by a Pair of Oxen, which an ordinary Waggoner drove after his ruttical Manner. Thus he went to the Courts of Ju(r; ce, thus to the Place of the Publick Convention of his People, which every Year was

celebrated tor the Good of the Realm $ and thus he used to return Home again. Joannes Hauclerm gives us an Account of the very same Thing, in almost the same Words, mChron. Generate 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 dr3wn by Oxen; of which we have one Instance in Greg. Turon. lib. 3. cap. 26. Deuteria, (says he) Wife of King Cbildebert, 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, causkl her to be put into a Sort of Litter with untamed Oxen, and thrown Headlong off a Bridge. Ai/noinus, lib. 4. cap. 30. makes mention of the Golden Throne, where he speaks of King Dagobert: He proclaimed, says he, Generale P L AC1TUM in loco nuncupato Eigargio, a Great Council in a Place named Bigarghtm: To which all the Great Men of trance aslembling with gieat Diligence on the Kalends of My, the King thus began his Speech to them, sitting on his Golden Throne. AH'o in his 41st Chapter, (peaking of King C7<?-

doveus �� Sitting in the midtt of them, on

his GoldcnThrrne, hespoke in this Manner, Uc. 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 saluce. and be saluted, to receive Homage, au4 give and take Prelents. (Jecrgius Cedrcnu$

( this in altnost the same Words: k**.' 3

^ Mai// ft&Ze T�>?Jt#3'^5, &J nacTof n %$ri(' �

Now, concerning the Authority of the Pwph , who were thus gather'd together at the Great Council, we have many Testimonies, Aimuinm, //i. 4. ^. 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 Francigenx cives, and to consult you in Affairs re-

ljting to the Puhlick, &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 Tear, 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 O)apclle was ended, as soon as he returned, he held a General Convention of his People, according to usual Cuitom, &c. Cap. 116. The Emperor having held Two Conventions, one at Kimeguen, the other at Compirgn, wherein he receiv'd the Annual Presents, �?'c. Again, dip. 117. In the Month of Augusl. he came to Wormes, and holding there the General Convention according to constant Practice , he received the Yearly Gifts which were olfer'd him, and gave Audience to several Amballadors, &c. Again, Lib. 5. cap. 31. The General Ptaciturn was held on the Ides of June, in the Town Dusiacum,

And this may suffice touching this sblemn General Council, which both trench and Gentian Historians, thro' a depuv'd Cuitom of the

Latin Tongue, called by different Names; sometimesQtf'w, sometimes Conventus Generate, but for the most Part Pladtum. Gregorius, lib.

7. cap. 14. says thus: �� Therefore when the

Time of the Ylncitum approached, they were directed by King Cbi/debert, i$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 Vlacitum, the singular Compaslion of the most Pious Emperor eminently sliow'd it self, err.

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. Ahnoinus, lib. 4. cap. 64. speaking of King Pipin �� "He compelVd them

(says he) to promisa they would obey all his Commands, and to send him every Year at the Time of the Genera' Convention, Three Hundred Horles, as a Gift and Token oF Respett. Item, cap. 85. Not forgetting the Perfidy of the Saxons, he held the General Convention beyond the Rhine, in the Town of Kuffsletn, according to the usual Custom.

This Council was sometimes called by another Name, Gm, the Courts from whence proceeded the common Saying, when People went to the King's Hall or Palace, we are going to Court; beanie they seldom approach'd the King, but upon great Ocusions, and when a Council was call'd. Aimoinvt, lib 5. cap. 50. Charles , (says he) the Son of the Dam/b King, sued (or prosecuted) several Noble-

Men of Flanders very conveniently at this Curia, or Court. Item, cap.sequenti \ HenryK'mg of the Romans being dead, at that Great and General Court, Curia, held at Mentz. 6?V. Also Otto Frising. Lib. Frideric. 1. 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 Easi Francc% celebrated there a General Court.


Of the Sacred Authority of the Publick. Council; Mtid what Affairs were wont to be tranJaSied therein.

WE think it necelTiry in this Place to consider what Kind of Affairs were wont to be transaaed in this general Annual Council, and to admire the great Wisdom of our Ancestors in conslicting our Repubhck. We have (in Sort) observed that they are these that follow. Fiast the Creating or abdicating' of their Kings Next, ^declaring of Peace orWar. ThetoJ of alPublick Laws: The Conferring of all^r Lours, Commands, or Office, belonging, t c> be Commonwealth: The assigmng of?ny {wr <* the deceased Kings Fatrimony to his Children, or

* Crecy.

giving Portions to his D.-mghters, which they usually called by a GennanKzmQ Abannagium\ that Is, pars exdttsoria, a Part see out for younger Children. Laltly, all such Matters as in PopularSpeech are commonly call'd 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 ha\e already produced sufficient Proofs of the ElcUing and Abdicating their Kings, as well from the latt IV/V/and Teshment of Charles the Great, as from sev^ral other Authors: To which we will add this one Pasluge more out of Aunoinm, lib. 5. cap. 17. whtre speaking of Charles the bald, he says thus, �� " Having summon'd a Council at * 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, aslign'd Kexslna to him, as he did Aquitain to Pijin. Now concerning the Administration of the Kingdom, Aimoinus g'nes us this remarkable Instance, Lib. 5. dp.?; . speaking of Charles the Bald. " diaries (says he) being about taking a Journey to Rone, held a general Placitum on the Kalends of June' at Compeign; and" therein was ordained under particular Heads,1 afier what Manner his Son Lewis should govern the Kingdom of France, in Conjunction" with his Kvblcs, and the rest of the Faithful People of the Realm, till such time as he retnrned from Rome.

Also in the same Book, Cap. 42. speaking cf Charles the Simple: "Whose Youth (says he) the principal Men of France judging (as it was inJecd) 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, Bur~ gundians, and Aquitanians being aslembled, elected Odo to htCharless Tutor and Governor of the Yangdom. Now concerning the Power of making Laws and Ordinances, that single Paslage in Gaguirus\ Life of St. Lewis is a sufficient Proof. " As soon (says he) as King Lcvck arrived at Paris, he called a General Convention, and therein reformed the Commonwealth; making excellent Statutes relating to ths Judges, and against the Venality of Offices, Uc. Concerning the conferring the great Honours and Employments upon Persons cf approved Worth, Aitnoinw lib. %.cap. 36. gives usthislnstance; 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 summorid a General Council, and sent Ambasladors to the King; neither wou'd they admit him to he crown'd till he. had made ule of their Advice and Authority in disposing of those great Employments.' The Nobles (%s he) being very much displeas'd , becaule the King confard Honours without their Consent; for that Realon, agreed together against him, and summon'd a general Convention in the Town of Witmar, from whence they sent Ambasladors toLewis, as Lewis likewiie sent his Ambasladors to them, &c.

Also the Appendix to Gregory of Tours, lib. 11. cap. 54. " That same Year (says he) King CIotharius, cum Proceribin iff Leudibus, i, e. with

the Nobility and Free Subjects of Burgundy, met at Troyes, and when he earnestly soliated them to advance another Person to the same Place and Degree of Honour which Warnhar (lately deceascd) had enjoy'd, they unanimously refilled to do it; and said, they would by no Means have any Mayor of the Palace, earntstly desiling the King to excuse them:" And thus they gained their Point with the King.

To this Heid may be referred 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. 1. where he speaks of Clotharii/s, Son of Chilperic , from whom Queen Br.<necbild demanded the Kingdom of Austratia, says thus:

�� "ClcthariiH made answer, that Ihe 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 Mealure whatever they Ihould command. The same Thing is recorded in the Appendix to Gregory of Tours,\\\i. 11. " Qotharim (says he) m3de Anlwer to her, that he would refer the Difference between them, to the Determination of the Select Franks, and promis'd to fulfil whatsoever they Ihould ordain". Also AunoiniH 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

whole Sentiments diftlr'd from the Emperor's,, were for having the General Convention held in ibme Town of France. �� Item cap.

i%. 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 real his Son Pipin who had ablented himself; but he refuted to come, &c. Gaguinus making Mention of this (jme Paslage, says; u When the Conspirators found out they should not be able to dethrone the King, without the Content of the Mobility in Convention, they labour'd by all Means to have the Great Council held within the Limits of France. But Lcvrts knowing for certain that those Franks were gained by his Enemies againlt him, refuted it, and iummond the Convention to meet at Alc/itz, and ordered that none ihould be admitted Armed to the Council. But his Sons, (who had conspired againlt their Father) lest they should want the Authority ol'a Public kConvcni'wn, alTembled a Council at Compicgne, consisting of the Bisliops and Nobility of the Kingdom. And Lotlurins taking his Father out of Custody, brought him to Compicgne. Again, At/Minus, lib. 5. tap. 38. where he speaks of Ijcvch ike Stammerer, who held a Council ax. Ahirsita, wherein he treated a Peace with his Cousin, says: " In that Placitum, 01 Parliament, thele Articles which follow were agreed upon between them, by and. with the Ccnsent of the faithful SubjeUsoj the Realm. To proceed, We find further,-that it was the Cultom (when any Prince, or Per/on of Extraordinary Qualityt was accused cj any Crime') to iummon him to appear before the Great Council, and there he was to Hand his Trial. Thus in the Reign of King Cleiharius, when

'Sueen UrunecWA Rood accused, and was found Sitlty of many capital Crimes, the King made a Speech to the Elhtcs of the Great Council of \rancogallia, in thest Words, are recorded by Aiming lib. 4. cap 1. " t belongs to you my mostdear Fellow-Soldiers, and high Nobility of France, to appoint what Kind of Punithment ought to be inflated on n Pprson euiltv of such enormous Crimes, t> c. And?Ad7J�uA s..b Anno 583. tells us, "The Franh passing Sentence upon her 111 ueKing s Pretence, condemn'd her to be torn in Pieces

Now concerning the dividing of the Royal Patrimony and the Apples, we have the same Person's'TdKmony, lib. J. cap 9^. where speakingof Cbarknugn, heh^thseW.ords.Tr Th'-sc Matters being ended, the King held a Coniemwn of the Milhy and Gentry of the Franks for the making and maintaining a ' fim Pice among his Sons, and div.ding the Worn into Three Parts that every one of K^nUt know what Part of it he ought to dcfSl and govern, in Case they suiyived him � Also in that Place where he ipeaks of the Partition made among the Children of Lewis lib 5. cap. 40. he says thus. �� 1 ney w'ent to i >d there they divided their Father's Kingdom among them, according to the Advice a'nd DinSton 0 their faithful Subjects. Further, cap 41. where he writes of

Carloman, who held his Great Council then at Kr�"TorhisP/^* (liyshe) came 1 and preferred his Petition for that Part ofih'e Kingdom, which his Brother Lw (^locJL acceperat) had rented of hun, or received in Pawn.

We may further observe, from very many Instanccs, that whenever the King had any expensive Design in Hand, such as the Building of Churches or Monasterie% he took first the Advice of the Council of the Eptes. For Aimo'mus, lib. 4. cap. 41. where lie speaks of Qoiovcus the Second, tells us, that facing on his Throne, he began his Oration to the General Council in theie Words. �� "HZjiamjuam Fran-

ciginx civcs, Kc. Alrho' (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 Adminiltration of the Kingdom was lodg'd in the Publick Council, which they called Placitum; becaut'e according to the Idiom of the Latin Tongue, that is properly termed Placitum, which after having been propoled and debated in a Council of many PerIbns, is at ljst agreed to, and- reiblved upon b'y them. And therefore Cicero, with others of the Ancients, were wont to call such-like Determinations, PLicita Philosuphorum.

Since therefore the M uter is to, I hope the Opinion which we have formerly given in some of our other Books, will not be elteemed absurd; viz. That the common Form uted by the King's Secretary in the latt Claute of our Ordinances and Editts, gj<ia tale est P LACITVM nosirum, arises from hence: For anciently those Laws were written in the Latin 'Iongue, (as is suflkiently proved by Aimohius, the Capitulary of Charles the Great, and many other Records); but afterwards when the King's Secretaries or Clerks began to make Ule of the

Vulgar Tongue, thro' Ignorance, or rather Malice,

they mnllated it thus, �� Gtr tclest nosire Plai-

sir: 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 Palsage. �� "This is decreed by

the King and his Nobles, and all the Christian People which compote the Kingdom of the Akrovingians. Alib Aimoinus, lib. 5 cap. 58.

�� In this PLcitum the Laws which follow

were agreed upon, to be observed between them, by the Onsent of the faithfil Subjects. � An Agreement made between the Glorious King, ts'r. by the Advice znd Chnscnt of their faithful Commons, &c. LalUy, 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 Controveriies and Diftlrences decided by it. The Appendix to Grrg. 'Xuron. lib. 11. cap. 57. Anno 12.

of JheodorickWidgn, has this PaiTage in it.------

VJhtnA/saiioncs^ [ perhapsA/satia'] in which Country he had been brought up, and which was left him hy his Father Childebert, fell nevertheless to Thccdebert, according to the Cuitom in lise among the Barbarians; the two

Kings agreed that their Difference should be decided by the Judgment of the Franks, {in Sa/ocissa tastro) in their Camp near the River Sala.


Of the Kingly Officers, commonly caWd Mayors of the Palace.

BEfore we treat farther of the uninterrupted Authority of the PublickCouncil, we think it not improper to say somewhat of those Regal great Officers, which, during the Merovingian Race were called {Majores domus) Matters, or Mayors of the Palace. These hiving for some Time encroach'd upon the Kingly Power, finding at hit 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 wich that of Prsfclli Fret orb, or Generals of the Guards in the Time of the Roman Emperors, who were sotnetimes also Itiled Aulx PrijeUi. They were usually appointed in and by the same ton vent ion 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 Expresiions 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 conierrd that Dijn y upon Ebroin^s, and appointed him to be M 'j-'

or in the King's Court. Also �� They chose

Hilderick\br their King, and Wolfold for Mayor of the Palace. Which Quotations of ours might indeed have been made as properly in our foregoing Chap; er, 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 greatelt Fidelity and Probity.

But in this Magistracy, the same Thing happed, which Plutarch tells Us (in his Life of hysender) 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 A�tors who repretent a Servant or Mell'enger, 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 rhe chief Authority and Command wa^ lodg'd in Lysander, whillt with the King remained only a

naked and empty Title. �� Just 16 it fell out

in our FrancrgaUia; Fair Opportunities of incteasing the Power of these Mayors of the Palace , being ofter'd by the Sloth and Negligence of our Kings; among whom we may reckon Dagobert, Clodovcus, Clothcrius, Childericus, Iheodoricus, Sec. For the Author of the Hiltory of the Franks, often cited by Venericus Vercellensis, tho' without naming him, writes, That during the Reign of Clotharius, Father of Dagohert, the Kingdom of the Franks began to be adminilhed and govern'd by some which, were called Provisores Regis, or Majores Domus. The same says Godf. Vttcrb. pane Chron. 16. Whereupon, whillt those Mayors of the Palace

executed all the important Aftairs of the Commonwealth, and commanded all the Armies-in Time of War; and the Kings (tending their Days in Sloth and Idlcness.) tarried at Home, content with the bate Title of a him?; Meters at last were brought to such a Fab, that during the Reign of Cbi/Jerick the iSth W Pininf Mnvr of the Pa/ace, (who in the kings Name had waged great and long Wars, and had overcome and reduced the Saxons to Terms of Submission) finding a fie Occahon to alsume the Regal Title which was oferdh.m did not-let it Hip: Eipecially seeing himlelt at the Head of a great and viaonous Army, that espoused hislntereits. Of which we have re Testimony of many Authors \}*\<>uoh-i. Jingius, Chron. 5. cap. 12. and h,s Tranter bet Goif.Viwb. Part. 16. who write thus.� lhe Kings of Trance, before the Time of Pqnn 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. Siybertus says almost the same Thing sab Anno 662. �From this Time, (says he) the Kings of the Franks degenerating from their ancient Wisdom and r-ortitude enioy'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 dispoied of any Thing-. The whole Admmistration and Power of the Kingdom, was lodg'd in the Hands of the Mayor of the Palace. Yet in Reading siich-like Authorities, we ought to take this Obiervation along wirh us. That since Fipin and his Sons laboured (as ns probable they did) under a great Load of En-

vy, fot having violently wrested the Royal Dignity from King Childerick, they made it their Business to find out and employ pluisible ingenious Htsierians, who magnified the Cowardliners of Chil.lerick. and his Predcccssors, upbraiding them with Sloth and Idleness, beyond what they deserv'd. And among such as these, we may reckon Eguinarthns, 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 Mcrcvin*, out of which the Franks used to Pled their Kings, is supposed to have bsted as long as to liiiiioic; who by the Appointment of Pope Stephen, wasdeposed, shaven, and thrult into a Monalttry. Now tho' it may be said to havt er.ded in him, yet in Truth, lor a long Time before, it cealed to. have any Value or Excellency, biting the bare empty Title of King. For both the Riches and Power of the Kingdom, were at the Disposition of the PrejeUs rf the Palace, commonly called Mnjores Downs; with whom was alib lodg'd the Authority of the Empire: Neither was there any Thing left remaining to the King, but only that contenting himlelf with the Title, he should sit on a Throne, wearing his Hair and Beard very long, and representing the Per ton of a Ruler; sometimes giving the firtt and latt Audience to Ambasladors from Foreign Parts, and returning such Answers as were made for him, as if they proceeded immediately from himlelf. But betides the unprofitable Name of a King, and a precarious Allowance for his private Expences, (which the Mayor of the Palace was pleated put of Bounty to give him) he

had nothing that he could call hta Own, except one Village of very small Revenue, where he had a little Houle, and a few Servants, barely suffident for his necelsrry Oc casions, &c. Sigebertus, sub Anno 662. taking Eguinartbitt for his Pattern, inveighs againlt the former Kings in almost the same contumelious Terms. Whole Custom (says he) it was, indeed, to make an Appearance like a Prince, according to what had been usml to their Family; but neither to act, nor dispole of any thing, only to tarry at Home, and to Eat and Drink

like Irrational Creatures. �� As if the like

Sloth and Cowardile ought to be imputed to all the former Kings, among whom we nevertheless find many brave Men, l'uch as Clodoveus, who not only defeated a great Army of Germans, which had made an Irruption into France, in a great Battel nenr Tosoiaatm; but alsb drove the Remainder of the Romans out of the Confines of Gallia. What shall we say of Childebert and Clotharim, who rooted the Visigotbs and Oslrogotbs out of Provence and Aquitain, where they had seated themsehes > In the Histories of all which Princes, there is no Mention made of jiny Mayor of the Palace, but cursbrily, and by the By, as one of the King's Servants. This we may lee in Gregorius, lib 5. c.ip. 18. wheic he speaks of Gualius , Lib. 6. cap. 9. and cap. 45. Lib. 7. cap. 49. And we tind this Employment to have been not only in the King's Pjlace, but also in the Qtce/i's: For the same (.hegoriut, lib. 7. cap. 27. mentions one flWio as Mayor of the Palace, in the Court ofHH'ieen Riguntha: And in very m3ny other Places of their Histories, we find both Gregcriits and Aimoimts

making Mention of thest Maprs pf the Court and the King's Housg.

Now the first Beginning of the great AuthO; rity of these PrafeBi 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 FrancogaUican Kingdom; which we may alsi) 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 Clctair the Third; whole Mjgister Palatii was one Ebroinr/s, a Man of extraordinary Wickedness and Cruelty: Buthowever this may be, we find Historians calling them by several other Appellations; such as Comites Domus Regi.e, PrxjeBi AuLc, Cottiitcs Palatii, &c.


Whether Pi pin was created King by the PopCj 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 An-

thority the Kingdom was conferr'd upon h'mv For Pope Gelasius says thus, Cap. 15. Siuest. 6.�� A Roman Pope, viz. Zacharias, depoied the King of the Franks, not so much because of his evil Attions, 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: Abiblving all the Franks from the Oath of Allegiance to Childeric.

And there is Icarce an Author who does not acquiesce in this Testimony of one Pope, concerning the Power of another: Thus Ado, hambertus, Rhcgino, Sigibertus, Aimoinus, Landulphus, nay, evenVenericusVercellensis, (in the Book which we formerly quoted) cites thele Words out of the Epistle of Pope Gregory the Vllth. to Herman Bishop or Metz; viz. " A certain Pope of Rome deposed the King of the Franks from his Kingdom, nor ib much for his Wickedness, as his being unfit for ib great a Power; and after having absolved all the Franks from the Oath or Fidelity they had

(worn to him, placed Pipin in his Room. ��

Which Otto \risingius, lib. Chron.?. cap. 23. and Godfrey, Chron. Part. 17. laying prelently hold of, break out into this Exclamation �� From this AQion, the Popes of

Rome derive an Authority of changing and deposing Princes, life.

But pray let us enquire whether the Truth of this Story, as to the Matter of Fact, be sufficiently proved and attelted. For in the first Place, 'tis manifelt, That not one of all that great Number of Kings of the Franks, which we have instanced to have been EleQed 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 4 ib that it seems incredible the Franks shou* d negle�t or forgo their Right, in this (ingle Instance of Pipin. But to make few Weds of this Matter, Vcnericus Vcrccllcnsis 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 ChilAcrick was deposed, and Pipin chosen in his room, according to the usual Custom of the Franks, and the tesiitutions of our Anceltors .� That is to say, by a soJemn General Council of the Ration; in whose Power only it was, to transatl 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 Apottolick See, aud its Advice had) the mott noble Pipin was advanced to the Throne of the Kingdom, By the ElcBion of the whole Nation, the Homage of the Nobility, with the Coniecration of the BHhops, tftc. From which Words, 'tis most apparent that Pipin was not appointed King by the Pope, but by the People themsdves, and the States of the Realm. And Venericus explains this Matter out of the same Historian. " Pipin, Mayor of the pjlace (says he) having all along had the Adminittration of the Regal Power in his Hands, was the first that was appointed and dcQed to be King, from being Mavor of the Palace; the Opinion uf Pope Zachary being

first known, because the Consent and G*tenance of a Pope of Rome, was thought decenary in an Affair of this Nature. �� And

presently after he tells us; " The Pope finding that what the Ambasladors 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 Purpoie writes Ado of Vienna,

TEtat. 6. subAnno 727. �� "Ambasladors (says

he) were sent to Pope Zacharias, to propose this Question to hirrij 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 Zacburias re-

turn'd this Antwer, �� That he thought the

Per/on who governed the Commonwealth, ought rather to have alsb the Title of King: Whereupon the Franks, after the Return of the Ambasladors, cast out Chilieric, who then had the Tirle of King; and by the Advice of the Ambdssadors, and of Pope Zachirins, Eletled Pipin, and made him King. Besides the above Proofs, we have Aimoinus\

Testimony to the same Puipjso, lib. 4. cap. 61.

where he concludes thus. �� "This Year Pipin

got the Appellation of King of the Franks., and according to their ancient Custums was elevated to the Royal Throne in the City of Soissons, 8tc." Nay, even Godfrey of Vtterbo

himielf, Chron.p.irt. 17. cap. 4. " Pipin (says he) was made King by Pope Zacharias, (ex eleclione Francorutn) through the Election of the Franks, tiilde'nc their (lothful King being, by the Franks, thtust into a Monastery.

In like Manner Sigebertits, sub Anno 7S<2.� The Authors of the Misccllany Hislory, lib. 22. �� Otto Frising. lib. 5. cap. 21, 22, 2?. And the Author of the Book intituled Fasciculus tempcrum'K 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 therefote be any Ways inferr'd from thence, that he was made King by the Pope\ 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 Wan has a Right of so much as giving Advice in Matters of this Nature, but he whose Advice is fiiltask'd. '

Laltly, no Man has more clearly explained this whole Matter than Marsilius Patavinus; who during the Reign of Lewis of Bavaria,

writ a Book �� de translatione imperil, in which,

Op. 6. he has these Words. �� " Pipin, a very valiant Man, and Son of Charles Muriel, was (as we read) raised to the Dignity of being King of the Franks, by Pope Zacbarias. But Ahncims more truly informs us, in his Hiltory of thj Franks, tint Pipin was legally eleUcd King by the Franks themlelves, and by the Nobility of the Kingdom was placed in the Throne. At the same Time Cbilderic, a disl'olute Prince, who contenting himielf with the bare Title of a King, waited 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 contented (as some say) to those that did. For such depoibg of a King for jult Causcs,

arid elecYing of another, does not belong to any Bishop or Ecdesiastick, nor td any Col'lege 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 Inttance 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 V". may make a Judgment of the Madness and i of that old crafty Knave. This Letter is extant; in Rhegino, a Benedictine Mcnk, and Abbot of Prunay, * an irrefragable Testimony in an Affair of this Nature; 'tis in Chron. anni 753.

�� "Stephen the Bilhop, Servant of the Servants or 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 Deiert, to be buried in Silence, but published abroad as the Angel admonished Tobias. I being constrained thro' the Oppresiion of the holy Church, by that most wicked, blasphemous, and not worthy to be named Wretch, AiJIolfbiis, to tiy for Refuge to thac excellent and faithful Vota>)i of 6/. Peter, Lord Pipin, the most Chrislian King, took my Journey into trance; where I fell into a mortal.DUtemper and remained some Time in the Diltri�l of Paris, in the venerable. Monastery ofSr. Denis tha MartyK And being now past Hopes of Recovery, methought I was one Day at Prayers in the Church of the same

* Allot Ptunhctit'

Welled Martyr, in a Place under the Bells': And that I law Handing before the great Altar our Matter Peter; and that great Malt er of the Gentiles, our Master Paul \ whom I knew very well by their Veltments. And a little after, I saw the blesled Lord Denis, a tall and slender Mm, ttanding at the Right Hand of our Lord Peter. And then that good

Paltor the Lord Peter said �� This good

Brother of ours asks for Health. Then re-

ply'd the Helled Paul �� He lhall be healed

presently. And thereupon approaching to our Lord Penis, he amicably put his Hand upon his Breast, and look'd back upon our Lord Peter, and Lord Peter with a chearful Countenance (aid 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 asiilted 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 Hest Handing before thee, with Mattes 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 hid seen, to them, to the King, and all his People, and how 1 had ban cured *, and I fulfilled all that I was bid to do. Thcse Things happsn'd in the 7 > 3d Year, from the Incarna-

tion of our Lord on the Ides of Augusl $ at which Time being strengthned by the Power of Cbrisl, 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 Carbman, Kings of the Franks. Moreover, I laid Hands upon, and blelTed Bertranda the King's Wife, doathed with her Royal Mantle, and tlu Grace of the Sevenfold Holy Spirit: And the Nobles of the Franks being sandified by the Apostolical Beredicrion, and the Authority delivered by Cbnsl to St. Peter, obliged themselves iblemnly, and protetted, That neither they, nor any of their Polterity , wou'd at any Time hereaster, presume to constitute any Person, as King over them, but only such as were of the Race of King Pipin.


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 Kings Stable; called at first , Comes stabuli; and by Corruption at latt, Connesiabuli. Now all those who enjoy'd any extraordinary Honours^ or

Employments in the King's Court, and aslisted in the Adminiltration of the Commonwealth, were commonly called Comites, Counts; which was likewise the Cultom or the Ancients, as Ibaxeiniome other of my Works demonstrated. So Cicero, in many Places, calls Callissoenes, Comitcm Alcxandti mogni. Th'^ Comes siabuli was in a Manner the same with the Alagister Hqunum among the Romans, that N, General of the Hase; to whom were subject those Keepers of the rlories commonly called gurries. Greg.

Turcn lib. 5. cap. 59. says, �� IW TheTrealu-

rerof Clodoveiis bdns* taken out of the City of Bourges, by Cuppan, Count of the Stable, was lent in Bonds to the Queen, &c. And again, cap. 48. where he lpeaks of Leudasles,

�� She took him (says he) into Favour,

rais'd him, and made him Keeper of the belt Horses; which so filled him with Pride and Vanity, that he put in for the ConJlnbleship; |_ Comitatum ] and having got it, began to ddpise and undervalue every Body. From thde Quotations it appeats, that tho' the Cullody of the Hcrses was a very honourable Employment, yet 'twas much inferior to that of Consiable. Aimoinus, lib.; . cap. 43. gives the same Account of this Lcuda-

sles. "Being grown very intimate with the

Queen, he was. full made Keeper oi~ the Horse; and afterwards obtaining the Constableihip above the rest of the Keepers, he was (after the Queen's Death) ma^e by KingC/>'//wt. Count oi: Tours. And dip. 70. LeudcgesrfiiS) Prak�t of the King's Horles, whom they commonly call Constable, being made General of that Expedition by the King, order'd the Engines to be drawn

down, �?V. Also lib.4. cap,95. where he

speaks of Charles the Great, �� "The same

Year (says Jie) he sent Burcbard, Comitem Stabuli sui, .which we corruptly call Conslabu-

lum, with a Fleet against Corsica ��. The

"Appendix to Gregory calls him, Comrslabulum, lib. 11. Brunccbildis (says he) was brought out of the Village, ab cxporre Concslabulo.

This being so, Asocrtus Krantzius, lib. Suet.?. cap. 41. ventures to affirm, that this Conslable jvjs the same with what the Germans call Maresehil. " They named (says he) a Governor, one of the bt-st Soldiers, who might have the Power of Comocating the Assembly of the Kingdom, and of acting in all Matters like the Prince! Our Countrymen call him a Mareschal, the French call him Conshtble, ic. This seems the more probable, because I do riot remember any Mention to have been made m ancient Times, of a Marescbal in our FranccgtiUias so that 'tis very likely to have been an Inltitution of our latter Kings, accommodated to the Custom of the Germans.

That this Comitatits Stabulorum, a Consiableship, had its Rise from the Institution of the Roman Emperors, I do not at all queliion; altho' it grew by Degrees among us from iknder Beginnings, to the Heighth of chief Govn-ncr of the Palace. In former Times, that Dignity was a Sore of Tnbunattts Militaris. Ammianus, lib. 16. has this Exprelsion wheie he ipeaks of Valeni'm'un the Emperor,� " Having fixed his Stages, or Days Journeys, he at last entrud into Kicomedia^ and about the Kalends of J\li>\b, appointed his Brother Valcm to be Governor of his Stables, cum tribuniitiU dignhtitc, with tnburiit'ul Dignity, What Kind of Dignity that was,

we may find in the Code of Jusiiniatt, lib. r. Cod. de ccmitibus C tribums Schol. Where 'tis reckoned as a great Honour for them to preside over the Emperor's Banquets, when they might adore his Pnrple. Also in lib. 3. Cod.Tbcodos. de anr.on. iS- . -!.jt. peipcnsa, i<; .Cod. equO' rum CoUan.c:, '^ lib. 1. Cod. Tbeod. wherein we may find a Fower 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 Magiltrates, which were commonly called Peers of France ^ whereof we can find no Records or Monuments, tho1 our Endeavours have not been wanting. For among so great a 'Number of Books, as are called Chronicles and Annals of Franccgallia, not one affords us any probable Account of this Institution. For what Giiguinus, and Pauhis JEmilius (who was not so much an Historian of French Affairs, as of the Pcpe's) and other common Writers do affirm, to wit, That those Magillrates were initituted by Pipin or Cbarlcmagn, appears plainly to be absurd; because not one of all the German Hittorians, who wrote during the Reigns of those Kings or for some Time after, makes the least Mention of those Magistrates. Aimoinus himsclf who wrote a History of the Military Atchie\ements and Institutions of the Franks, down to the Reign of Lcivis the Pious, and the Appendix, which reaches as far as the Time of Lewis the Younger, being the 37th King, speak not one Word 01 these Peers in any Place of their Hiltories; so that till I am better inforrrfd, I mult concur in Opinion with Gervase of Tisoury, who (as Guguinus says in the Book

which he wrote to the Emperor Otho the IVth, ie otiis imperialibus) affirms. That this Institution is first owing to King of Britain, who ruled some time in Part of France.

For I suppose the Original of that Instituti- < on to bs this; that as in the Feudal Law such are / called, Pares curi.ebenefic'uiri, i.e. EqualTenants by Hoimge of the Court, or Clientes iuimui, Clients of like holding, or C>nva(siUi, Yellow Vassats, ' who hold their Fiefs and Benefices from one and the same Lord and Patron; an.l up^n thu Account are bound to htm in Fealty and OSelienc*: iult so King Arthur hiving acquired a new Principality, ickctei twelve great Men, towhorn^ he distributed the several Pans and Satrapies of his Kingdom, whole Aslisbnce and Advice he made uie of in the Adminiitration of the Government. For I cannot approve of their Judgment, who wrire, that they were ailed Peers, beciuse they were Pares Regi, the Kings Equals; since their Parity his no Relition to the Regal Dignity, but only to that Authority and Dignity they had agreed should be common among them. Their Names were thele, the Dukes of Burgundy, Konnandy, and Aquitain; xhtCounts of Wanders, Tbolouse, andC/.vw-' pagne; the Archbishops of Rheims, Laon, and Langres\ the Bishops of Beauvais, Koyon, and Chalons. And as the Pares Curtis, or Curix, in rhe Feudal Law, can neither be created, but by the Content of the Fraternity; nor abdicated, but by Tryal before their Colleagues ^ nor impeach'd before any other Court of Judicature; 16 thele Peers were not hound by any Judgment or Sentence, hut that of the Parliament, that is, of this imaginary Council; nor could be eleScd in-

to the Society, or cjcBcd out cf. it,; buv by their YeUotas in Cuilegio.

Now altho7 this Magistracy might owe its Original to a Foreign Prince; yet when he was driven out, the sjcccciing Kings finding it accommodated to their own Ends and Conveniences, ('tis most probable) continued and made nib of it. The rirlt Mention 1 find made or ibese Peers, was at the Inauguration of Ph.lip the Fair, by whomalso (as many affirm) the Six tec-Irsusiica I Peers were hrst created.

But Budxus, an extraordinary Learned Mm, calls thele Peers by the Name of Putritians \ and is of Opinion that they were inltituted by one of our Kings, who was at the Dme Time Emperor of Germany; becaale, J:tshnian says, those Pjtres were chosen by the Emperor, quasi lleipub. patronos tutorrsque, as it were Patrons and7i//<v\r of the Commonwealth. I do not reie�t this Opinion of" that Learned Puson; such a Thing being very agreeable to the Dignity of these Peers. For in the Times of the later Roman Emperors, we find the Vatntian Dignity not to have been very unlike that of the Peers; becaule (^SuiJas allure5; us,) they were (partly) the Fathers of t'-c Republick, and weic of Council with the F.mpcrur in all weighty Concerns, and tnide nil: rf the iaine Knfigns of Authority with the Ccnsuls; and had greater Honour and Power than the Prsfcclus Prxtorio, tho' Ids than the Consul; as we may learn ex Jusl'miani Kcvcllis; from Sido/t. Apolkn. Claudian; and Gissiidcrus espccially.

But when the Empire was transferred to the Germans, we do not believe this Honour was in iile among them. Neither is it likely, that none of the German Hiitorians should have

made the least Mention of it, if any Patrittant of that Kind had been instituted by a German Emperor, who at the same Time was King of TranccgaMia.

LalUy, The sitne hudsus tells us in that Place, tho' a little doubtingly, that the like Dignity of Peers hud been made use of in other neighbouring Nation^ and that in the Royal Commentaries, Anna 1224, 'tis found written, that a certain Gentleman of Flanders, called Joannes Kigellanus, having a Controversy there, appeaUd from the Count ess of Flanders to the Peers of France; having first taken his Oath thac he could not expect a fair and equal Tryal before the Peers of Flanders. And when afterwards the Ciule was by the Conniess revoked to the Judgment of the Peers oi Wanders, it was at Length for certain Reasons decreed, that the Peers of France ihould take Cognisance of ir. What the Reasons were of transferring that Pryal, Budxus does not tell us; which one verild in the Feudal Laws should never have omitted. But 'tis Time to return to our principal Buliness.


Of the continued Authority and Power of the Sacred Council^ during the Kcign 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 Merc vingian Family. We mult now proceed to give an Account of it under the Carhvingian Race. And as well all our own as the German Historians, give us Reason to believe that the very lime Power and Authority of the Orders or States of the Kingdom, was kept entire. So that the lalt Resort and Disposal cf all Things, was not lodged in Pipin, diaries, or Lewis, but in the Regal Mijesly. The true and proper Scat of which was (as is above demonstiated) in the Annual general Council. Of this Eguinartbus gives us an Account, in that little Book we have already ib much commended. Where, speaking of what happen'd after the Death of Pipin, he tells us, " that the Franks having iolemnly aslemhled their general Convention, did therein conllitute both Pipin\ Sons their Kings , upjn this Condition , That they lhould equally divide the whole Body of the Kingdom between them; and that Gii/ies Ihould govern that Part of it which

their Father Pipin had posless'd, and Carlomannus the other Part which their Uncle Carlomannus had en joy'd, &c. From whence 'tis easily inferr'd, that the States of the Kingdom still retain'd in themsclves the same Power, which they had always hitherto been in PoiTesiion of (during near 500 Years) in the Reigns of the Merovingian Kings. So that altho' the deceased King left Sons behind him, yet theie came net to the Crown ib much thro' any Right of Succession,. as thro1 the Appointment and Eletlion of the States of the Realm. Now that all the other weighty Affairs of the Nation used to be determined bv 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 Kwieguen; and because he was to hold a Geneial Convention of his People at a Place called Paderburn, he marched from thence with a great Army into Saxony. And again, cap. 77. �� Winterbeing over, he held a Publick Convention of his People in a Town culled Paderburn, according to the yearly Cuslora. Alto cap. 79. ��

And meeting with his Wife in the City of Wormes, he reiblved 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 almott all Europe, and by the universjl Content of Nation^ had obtained the Sirname of the Great: Yet fur 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 lealt 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 F.mperor, thro' a certain Kind of Foreknowledge, summon'd the General Council of his People to meet at Roue, neor the Loire. And again, cap. 38. where he makes Mention of the Articles of Peace, concluded between King Lewis

and his Coulin Lewis, " �� They summoned,

says he, a P L A CITUM , and in that P LAC ITU M, by the Advice and Consent of their faithful Subjects, they agreed to observe mi keep the Articles which follow. In which Placitum it was alsb by common Consent found convenient, that both Kings should return with a Guard [ re di rent cum sear a ] �5V. Also cap. 41. where he speaks of CarIonian the Son of Lewis the Stammerer, ��

And ib (says he) he departed from the AVmans, and returned to Wormcs, where he was on the Kalends of November to hold his Placi-

turn. �� Also in the following Chapter, where

he speaks of Charles the Simple, �� "Whose

Youth (says he) the greit 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 iuperrluons one, to quote all the Inltances which might be given of this Matter: From what we have already produced, 1 think 'tis apparent to every Mm, 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, be-

longed 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 Ancettors was esteemed sacrei and inviolable during

so many Ages. So that I cannot torbear admiring the Confidence of some Modern Authors, who have had the Face to publith in their Writings, That Kim; Pipin was the rlrst to whom the InitK tution of the Public/: Council is owing. Since Eguinarthus, Charles the Great's own Q)ance!lory has most clearly proved, that it was the conitant Pra�ticc of the whole Merovingian Line, to hold every Year the Publ'uk Convention of the People on the Kdends of Aliy; and that the Kings were carried to that Asllmbly in a Chariot or Waggon drawn by Oxen.

But to come to a Matter of greater Consequence, wherein the Prudence and Wisdom of our Ancellors does mott clearly Ihew it lelf. Is it not app.ucnt how great and rmnifest a DiltineYion they nmde between the King and the Kingdom? For thus the Ciil* Hands. The King is one principal. Single Yason \ but the Kingdrnt i^ the whole Body of the Citizen; and Subjelis. " And Ulpian defines him to he a Tray tor, who is ltirred up with a Holtile Mind againlt the Commonwealth, or against the Prince. And in the Saxon Laws, Tit. 3. 'tis written, Whoioever shall contrive any Thing against the Kingdom, or the King of the Iran'/u, lhall lole his Head. � And again, The King has tne lime Relation to the Kingdom that a Father has to hi-> 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 thest are made such for the Sake of those they have in Charge: Even to the People is not deligned for the Sake of the King; but the King is fought 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 imposlsole to conceive a Thought of a King without a People. Let us consider more Differences between tnem. A King as well as any private Person is a Mortal Man. A Kingdom is perpetual, and coniider'd as immortal ^ as Civilians uie 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 Englisl) .� Neither is there any Sort of Men more eah'ly 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 Aftairs. A King in one Battel, in one Day may be overcome, or taken Prisoner and carried away Captive by the F.nemy; as it happen'd to St. Lewis, to King John, and to Francis the Firlt. But a Kingdom though it has lost its King, rcmiinsentire; and immediately upon such a Misfortune a Convention is call'd, and proper Remedies are Ibught 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, or Levity of Mind, may not only be milled by some covetous, rapicious or lustful Counsellor; may not only be seduced and de-

praved 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 rling up the Reins of Government wholly into her Power. Few Persons, I suppose, are ignorant .how many lad Examples we have of thete Mischiefs: But a Kingdom is continually supplied with the Wisdom and Advice of the grave Persons

that are in it. Solomon, the wiscst of Mankind, was in his old Age seduced by Harlots \ Rcbobcam, by young Men; Kinus, by his own Mother Semiramis \ 21 ohms us (irnamed Auletes, by Harpers and Vipers. Our Anceltors left to their Kings the Choice of their own Privy-Counsellors, who might adviie them in the Management of their private Affairs; but such Senators as were to conlult in common, and take are of the publick Adminiltration, and instruct the King in the Government of his Kingdom, they reserved to the Designation of the' Publick Convention.

In the Year 1556: afcer King John had been taken Prisoner by the Eng/ish, 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 hereaster presume to approach that Sanctuary of the Kingdom. Which Instance fs recorded in the Great Chronicle writ in French, Vol. 2. subRegeJobanne, 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 Xcnophori allures us) and the Epbori, renewed every Month a mutual Oath between each other; the King swore that he wou'd govern according to the written Laws; and the Epbori swore that they wou'd preservethc Royal Dignity, provided he kept his Oath. Cicero, in one of his to Brutus, writes: " Thou knowclt that I was always of Opinion, that our Cummo! wealth ought not only to be delivered from 3 King, Yz\. even from Kingsbip, Sets mihi iempor placuisle non Rcgc iolum, sed Regno liberari rempublicam. � Also in his Third Bcok de Legibus� " But because a Regal State in our Commonwealth, once indeed approved of, was abolilh d, not so much upon the Acccunr 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 abo-

lisVd, ev.


Of the Capeving'tan Kacey and the Manner of its obtaining the King" dom 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 Car/ovingian, from the Names of their Founders or Beginners. For altho' (as we have often told you)

the Succeslion 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 Cuttorn of their Progenitors the Germans, (who as Tacitus tells us. chute their Kings for their Nobility, and their Generals for their Valour) that for the mott Part they elected such Kings as were of the Blood Royal, and had been educnrcd inS Regal Manner, whether they were the Children, or iome 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 Carluv'wgian Line , there hapned a Migration or Tranllation of the Royal Scepter, and a Change of the Kingdom. For when there remained no Person alive of the formet Family but Charles Duke of Lorrain, Uncle to the deceased King, to whom the Succeslion to the Kingdom, by ancient Cuttom seem'd to be due; there arose up one Hugh Capet, Nephew to Hauvida, Sitter to the Fmperor Qtho the First, and Son to Hugh Earl of Paris; a Man or great Reputation for Valour, who alledgcd, that he being prelent upon the Place, and having deserved extraordinary well of his Country, ought to be prefetrd to a Stranger , who wa> absenr. For there having hapned some Controvctsies between the Empire of Germany, and the Kingdom of trance \ Charles upon Occision had shewn himself partial for the Empire against France, and upon that Score had lott the Atfl-^ion> of most of thi trench. Whereupon Charles having rais'd an Army, made an Irruption into trance , and took liberal Cities by

Compoiition. Capet relying on the Friendship and Favour of the FranccgaUican Nobles, got together what Forces he coud, 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 raiie Men in Order to renew the War. In the mean Time Charles having dismis>'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 belicged 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 lent Charles and his Wife Prisoners to Orleans, where he set Uriel 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 Matter of the whole Kingdom of France without Dispute or Trouble, alsbciated 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 Capett for establilhing 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 lecure to himself the Affettions 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 Yranciscus Conanus the Civilian, Comment, i. 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 ieriously considers the Circumltances of those Times) seems imposiible to have been effected by him alone, without the Consent of that Great Council it self.


Cf the uninterrupted Authority of the Publick Council during the Capevtngian Race.

WE may learn out of froissurd, MonJlreJlet, G''gninus,Commines, Gittius, arid 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 Ctipevirgnm Family than it had been during the two former Races. But because it wou'd be too troublcsome, and almost an infinite Labour to quote every Instance of this Nature, we shall only chuse some few of the most remarkable Examples Out of a vast Number which we

might produce.

And the hrst shall be, what hapned in the Year i }x8. When Curies the Fair dying without lsl'ue Male, and leaving a Polihumous Daughter behind him; EJtcjrd Kiny of Enghrj\ and Son to Isahllj, Siiter of Charles, claimed the Kingdom of Frame a^ belonging to him of R.ighr. Now there could be no Tryal 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 iubmit therrjselves 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 FaQ is recorded not only by all our own Hiltorians, but by Polydore

Virgil an Engtisb Writer, Histor. lib i 9. Moreover, that great Lawyer Paponius, Arrestorum, lib. 4. cap. 1. 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 Cuitody of the Queen, then great with Child, shou'd be given to Vahis; to whom al(b the Kingdom was adjudged and decreed in Cascslie

brought forth a Daughter. �� Which Hiltory

Froissard, Vol. 1. cap. 22. Paponius Arrelt. lib.4. cap. 1. Art. 2. and Gaguinus in Philippo Vaksw, have puUished.

The Year n?6, furnishes us with another Example; at which Time King John was defeated by the Eng/isb at Poiclicrs; taken Priib-

ner, and carried into England. �� "Afrer so

great a Calamity, the only Hop:S left mere in the Authority of the Great Council; therefore immediately a Parliament was i'ummon'd to meet at Paris. And altho' King John's Three Sons, Charles, Lewis and John, were at Hand, the eldelt of which wjs of competent Age to govern; yet other Men were chosen, to wit, twelve approved Personi out of each Order of the States, to whom the Management of the Kingdom s Affairs was intrulteJ; and there it was decreed, that an Embassy shou'd be sent into England to treat of Peace with the EngUJl). Froissard, Vol. 1. cip. 170. Joannes Buchcttus, lib. 4. fol.; 18. ]\'wh. Gillius in Chron. Regis Joanms, are our Authors.

A third Invtance we have Anno 1375, when the last Will and Testament of Charles the Fifth, Sirnamed the Wife, was produced: By which Will he had appointed his Wife's Brother, PhiJip Duke of Bourbon, to be Guardian to his Sons, and Lewis Duke of Anjou his own Brother, to be Adminittrator of the Kingdom till iuch 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 decteed, that the Adminisiration of the Kingdom lhou'd be committed to Lewis, the Boy's Uncle: But upon this Condition, that he should be ruled and governed in that Adminislratwn, by the Advice of certain Pcrsons named and approvd 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 He'.r of the Kingdom shou'd be crown'd as soon as he ihou'd be tull 14 Years old, and receive the Homage and Oath of Fidelity from hisSubjects.� Troissard, Vol.2, cap.60. buchett, lib.4. tol. 124. Chro. Brit. Cap.

A 4th Example we have in the Year 1392; at wr.hh Time the same Charles the Sixth was taken wic. a sudden DistracVion or Madness, and was conw'd first to Mans, and afterwards to Paris; and theie a General Council was held, wherein it was decreed by the Authority of the States, that the Adminisiration or the Kingdom shou'd be committed to the Dukes of Aquitain and Burgundy. �� FrciJJarJ, Vql. 4. cap. 44. is

our Author.

5. Neither rrjust we omit what Paponius (Arrelt. Tib. 5. tit. 10. Ait. 4.) testifies to have been declared by the Parliament at Paris, within the Com-

pals 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 thenrlselves $ upon this very Account, that they were done without the Au' thority of the Great Council^ and of the Three Eslatesy as he calls them. A 6ch Example we have in the Year 1426, When Philip Duke of Burgundy, and Hanfred [ Dux Glocesirix ] were at mortal Enmity with. each other, to the great Detriment of the Commonwealth; and it was at lalt agreed between them to determine their Quarrel by single Combat: For in that Contention the Great Council interpoled its Authority, and decreed that both shou'd lay down their Arms, and lubmit to have their Controversies judicially tryed before the Council, rather than disputed with the Sword. Which Hittory is related at large' by Paradinus, in O)ron. Burgund.lib. 3. Anno 1426.

A 7th Example hapned in the Year 1484, when Lewis the Eleventh dying, and leaving his Son Charles, a Roy of 13 Years old ^ a Council was held at To.,rs, wherein it was decreed, The Education or' the Boy shou'd be committed to Anne the King's Siscr; buc the Ad^^ nistration of the Kingdom shou'd be intrusted to certain Persons EkBd and approved by that Council; notwithlhniing Lewis, Duke of Or leans, the next Kin sin in by the Father's Side, demanded it as his Riglu. A Testimony of which TranlacYton is extant in the Ails of th it Council, printed at Paris; and in Joannes Buchettus 4th Book, folio 167.


Of the Remarkable Authority of the Council againJi Lewis the Eleventh.

THE Power and Authority of the Council and the Eslates aslembled, appears by the foregoing TelVimonies 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 iignal Inlhnce of the Authority of this Council, which interposed it self in the Memory of our Fathers against Lewis the Eleventh, who was reputed more crafcy and cunning than any of the Kings that had ever been before him.

In the Year 146c, 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 dtsue the Asl'ittance and Authority of the Great Council, that ibme Care might therein be taken of the Puhlick Welfare; and bccaule it was suspetted the King wou'd not iubmit hitnself to it, the Grcut Mi n of theKingdom (itirred up by the daily Complaints and Solicitations of the Commons,) " resolv'd to gather Forces, and raise an Army; that (as Philip de Outlines expresles it) they might provide for the Publick Good, and expole the King's wicked Administration of the Commonwealth. They therefore agreed to be ready prepared with a good Army, that in Case the King Ihould prove refractory, and refute to

follow g6od 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. " Comities, Gillius, and Lantarc, have recorded the Names of those Men who were the principal Leaders, the Duke of Bourbon, the Duke of Berry, the King1-; Brotner \ iheCoums oi Durwis, K'evers, Armagnac, and Asoret, and the Duke of Charahis, who was the Person most concerned in whit related to the Government. Whereever they marched, they caiiled it to be proclaimed, that their Undertakings were only design'd ivr the Publick Good , they publilhed Freedom from Taxes and Tributes, and lent Amlulsadors with. Letters to the Parliament at Paris, to the Ecclesialticks, and to the Kector of the Univerlity, desiring them not to iiispect or imag.ine thoss Forces were rais'd for the King's DestrucYion, but only to Tecbim him, ml make him perform the Office of a Good King, as the prelent Nectslities of the Publick required.� These are Gilliui's Wo:ds, lib. 4. fol. 152.

The Annals intituled the Chronicles of Lewis the Eleventh, printed at Paris by Gallwttttt,\i\. 27.

hive these Words. �� "The iiilt:mJ illicitly

of their Demands was, T\m dGnvcnnon of the Three States ihou'd be held; beemse in all Ages it had been found to be the only proper Remedy for all Evils, and to have always had <t Force s efficient to healJ'uch sort of 'Miscbiejs.-**Agiin, Pag. 28. " An Assembly was called on Purpose to hear the Ambassidors of the Gteat Men, and met on the 24th Day in the TownHouse at Paris; at which- were piesent somd

Chosen Men of the Unlversity, of the Parliament, and of the Magistrates. The Answer given the Ambasladors, was, That uibat they demanded was mosi jusi; and accordingly a Council of the Three Estates wassummon'd.� These are the Words of that Historian.� From whence the Old Saying of Marcus Antoninus appears to be most true.------" Etsi omnes molestx

semper seditiones sunt,Julias tamen esle nonnvillas, & prope neceslarias: eas vero ]nstislimas maxirneque neceslarias videri, cum populus Tyranni sivitia oppreslus auxilium a tegitimo Civium conventu implorat." Altho' all Sorts of Seditions are troublesome, yet some of them are just, and in a Manner ncceslaryi but those are extraordinary just and necessiry, 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 Eletienth, pag. 26). gives us Charles, the Duke of Burgundy % Answer to that King's Ambasladors. (Marks (says he) heard the Ambasladors 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 Ambasladors had by Special MesTengets 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 tiom all Parts of the Kingdom, $5'c.

The same PaiTage, 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 thele 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 Esiates, who shou'd establish the Commonwealth, and take care that Right and Jultice shou'd be done. But Gillius in the Place above-mention'd says: After the Battel at Montlehery, many well-afte�ted and prudent Men were elected to be Guardians of the Yublick Good, according as it had been agreed upon between thsKing and the Nobles; among whom the Count of Dunois was the Principal, as having been the chief Promoter

of that Rising. �� For it grown into

Cuttom after the Wealth of the Ecclesiaslicks was excessively increased, to divide the People into Three Orders or Class'es, whereof the Ecclesiaslicks made one; and when those Curators of the Commonwealth were chessn, Twelve Persons were taken out of each Order. So that it was enabled in that Council, that 36 Guardians of the Republick Ihou'd be created, with Power, by common Constnt, to redress all the Abuies of the Publick. Concerning which Thing, MonJ1rel~ Icttus, Vol. 4. fbl. 150 writes thus: " In the fitst Place (says he) it was decreed, thit for the re-establilhing the State of the Commonwealth, and the eating the People of the Burthen of their Taxes, and to compensate their LolTes, 36 Men shou'd be ele�ted, 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 en-

quiring into the Grievances and Mischiefs under which the Kingdom laboured, and to apply Remedies to all: And the King gave his Promise in Vcrbo Regis, That whatsoever those 36 Men Ihou'd appoint to be done, he wouM ratify and confirm. Oliver de h Marck, a Flemming, in his History, cap. 35. writes the same Thin; ; , and mentions the same Number of 36 Guardians or Curators of the Commonwealth. And he farther adds \ That because the King did not Hand to his Promise, but violated his Faith, and the Jolemn Oath which he had publickly sworn, a most cruel War was kindled in Francoga/lia, which set it all in a Flame, and continued near 13 Years. Thus that King's Perjury was punish'd both by his own Intamy, and the People's Dcstruition. Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years compleat, since the Liberties of �rancogallid, and the Authority of its annual General Council, Houriihed in full Vigor, and exerted themselves againlt a King of ripe Years, and great Understjnding^ for he was above 40 Years old, and of such great Parts, a3 none of our Kings ha\e equalled him. So that we may easily perceive that our Commonwealth, which at first w> founded and cslablishd upon the Trincip'cs of Liberty, maintained it felt in the same tree and sacred State, (even by Force and Arms) againlt all thePowerof Tyrants for more than Eleven Hundred Years.

I cannot omit the great Commendation which that most noble Gentleman and accomplish'd Historian, Philip de Omines, gives of this Tranfattion \ who in his 5th Book and i8th 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 impoGng aTax upon his People (tho3 it were but to the Value of one Farthing) without their own Will and Consent? Unleis 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 cannnot be waited for, the Buhness admitting of no Delay. 1 am sure, in the Undertaking of a War, there is no need of such halt; one has sufficient Leisure to think leisurely of that Matter. And this 1 dare affirm, that when Kings and Princes undertake a War with the Content of their Subjects, they are both much more powerful, and more formidable to their Enemies.� It becomes a King of France lealt of any King in the World, to make use of such expreslions as this.�� I have a Power of raislng as great Taxes as I please on my SubjeQ; � for neither he, nor any other, has such a Power; and those Courtiers who use such Expressions, do their King no Honour, nor increale his Reputation with Foreign Nations; but on the contrary, create a Fear and Diead of himamong all his Neighours, who will not upon any Terms subject themlohes to such a Sort of Government. But if our King, or 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 ths Harddiips 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 1 have a mini to; and 1 have a Power of ta~ king it, which I intend to keep Charles the Fifth never used such Expreisions, neither indeed did 1 ever hear any of out Kings speak such a Word; but only some of their Ministers and Companions, who thought thereby they did their Matters Service: But. in my Opinion, they did them a great deal of Injury, and ipoke 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 Eshites held ac Tours, Anno 1484. after the Decease of out King Lewis the Eleventh: About that time the wholibme Inltitution of the Convention of the Three Eslatcs 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 diminilh the King's Authority; but it was they themselves who were guilty of High Treason again)} God, the King, and the Commsnvcealth. Neither do such-like Sayings turn to the Benefit of any Persons, but such as have got great Honours or Employments without any Merit cf their own; and have learnt how to flatter and sooth, and talk impertinently; and who fear all great Aslemblies, kit there they lhou'd appear in their proper Colours, and have all evil Actions condemned.


Of the Authority of the Assembly of the States concerning the mosi imfortant Affairs of Keligion.

WE have hitherto demonstrated, that the Assembly of the States had a very grat Power in all Matters of Importance relating to our Kingdom of France. Let us now coniidet, 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 Kighth scnt AmbalTadors to King Philip the Fair, demanding of him, whether he did not hold and repute himsdf 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 Chrisiendom> 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 refuled to do this, he ihould be forthwith excommunicated, and declared a Heretick. After the King had given Audience to these Ambjssadors, he summon'd the States to meet at Paris, ani in that AlTembly the Pope's Letters were read, to the Purport following. Boniface, universal Bistop, the Servant of the Servants of God, to Philip Ysng of France, Fear God and keep his Com-

mandments, h is nr P lea sur e thou shouldsl know, that thou art our SubjeB, as well in things temporal as Jpiritual, and thai it belongs not to ihee to besicm Prebends or collate Benefices, in any Manner tchdtcver. If thou hasi the Cusiody of any such that may be now vacant, thou ntusl reserve the Profits of them for the XJse of such as shallsucceed therein: and if thou hasl already collated any of them, tre decree by these?resents such Collation to be ipso fatto void, ani do revoke whatever may have been transaBed relating thereunto; es}ccmir,g all those to be Fools and Madmen, who believe the contrary. From cur Palace of the Lateran in the Month of December, and in the Sixth Tear of our Pontificate. These Letters being read, and the Deputies of the States having severally delivered 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 Ambasladors, in the great Yard of the Palace: Then, that these Ambasladors 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 bs 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, mho sides himself universal Bisiop, little or no greeting. Be it ,{nor\-n to thy great lolly and exirava�,:nt Temerity, that in things temporal nee have no Superior but God; and that the Pisposattf the V..:.:ncics of certain Churches and Prebends belong /c us oj Regal Right; that it is cur due rs nceize:he Profits oj them, and our Intention

to defend out /elves by the Edge of the Sword, against all such, * as mould any way go about to Aislurb us in the Possrssion of the same; esseeming those to be Fools and Brainless, why think other-wise. For Witnesles of this History, we have the Author of the Chronicle of Brctayne, lib. 4. chap. 14. and "Nicholas Gilles in the Annals of France, to whom ought to be }oin'd Papon, in the first Book of his Arresr, tit. 5. art. 27.


Whether Women are not as much de-> barred (by the Francogallican Law) from the Admini st ration., as from the Inheritance of the Kingdom.

TH E 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 Adminislration, as from the Inheritance of the Kingdom? And in the first Place we openly declare, that Vis none of our Intention to argue for or against the Roman Customs or Laws, or those of any other Nation, but only of the Inltitutions 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 Guardian/hip, 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 Custorn) obtain the supreme Command in sorne Countries. " The (Britains soysTacitus in his Life ofAgricola) make no Viisiinttion 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 scem to make for the affirmative, wherein the Kingdom of Francogallia has been administred

hy ^jteertt, especially by Widows and QueenMothers: So on the contrary, the Reatbn ojf the Argument uled in Disputations, is clearly against it. For she, who annot 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 Desendants; and if they be stiled H>jtee/is, 'tis only accidentally; as they are Wives to the Kings their Husbands. Which we have prov'd out of Rtcords tor twelve hundred Years together.

To this may be added (which we have likewise prov'd) that not only the i'ole Power of Creating and Abdicating their Kings, but also the Rii^ht of elecYmg Guardians and Administrj~ tors of the Commonwealth, was lodged in the same Tublick Council. Nay, and after the Kings were created, the supreme Power of the Administration was retained dill 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 to many Kphori: and this during the Reign of Lewis the Eleventh, as crafty and cunning as he was. If we leek for Authorities and Examples from our Anceltors we may rind ieveral $ there is a remark,. Me one in Aimoinus, lib. 4. cap. 1. where (peaking of Queen Brunuhild, Mother to young Childebcrt; " The Nobility of France (says he) underitanding that brunechild designed to keep the chief Management of the Kingdom in her own Hands; and having always hitherto, for so long a Time diiilained to be subject to a Female Domination, did, Uc. And indeed it has so happned in the Djvs of our

Aucestors, that whenever Women got into �their Hands the Procuration of the Kingdom, they have been always the Occasion of wonder. ful Tragedies: Of which it will not be amiss 'to give some Examples. Queen Crotildis, Mother of the two Kings, Childebert and Clotariut, got once the Power into her Hands; and being extravagantly fond of the Sons of Qodcmer% (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 Hiir with the greatclt Care and Diligence imaginable, according to that ancient Cuitom of the Kings of the Franks, which we have before given an Account of. The two Kings (as soon as they underllood it) presently sent cne Arcbadius, who prcienting her with a naked Sword and a Pair of Shears, gave her her Choice which of the two She had rather lhou'd be applied to the Boys Heads. But She (says Gregory of- Tours) being enraged with Chokr, cipecially when She beheld the naked Sword and the Scissars,

answer'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 Monnlteries, got the Affe�tions, Vlcbis �? vulgi, of the common People and Mob: ]\nc frencs (says Cato) impotcnti natur.t, & indomito anim/i, �? sperate ip/as modum liccn~ux fati urtis. Give Bridles to their unruly Nature^ and curb tbe untamed Animal; and

then you may hope they shall set some Bounds. to their Licentiousness. W Hat an Unbridled Animal and profligate Wret:h 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, se gned 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 rnixlng some Poyson in the Chalice, She at once gave the strangest Instance both of Impiety and Cruelty in thus murdering h; r own Mother. The Account given of it by ' Gregory of Tours is this: " They were (says he) of the Arrian Sett, and becaule it was their > Tultom that the. Royal Family shou'd comrrunicate at the Altar out of one Clulice, and People of Inferior Quality out of another. (By the way, pray take notice of the Cuslom of Zommunicating in both kinds by the People.) She dropped Poyson into that Chalice out of wl ich her Mother was to communicKe; wr ich a? soon as she had tasted of it, kill'd her pre-

Icntly. �� Fredegunda, QjicrH-Mother, and

Widow of Chilpcrick the First, got the Government into her Hands; She, in her Husband's Time, lived in Adultery with cne Land<r; and as soon as 'she found out tint her Husbd'id Cbllperick had got Wind of" it, slie lad him mardered, and prestntly seiz'd upon the hdminiitration of the Kingdom a? Queen-Mother, and Guardian of her Son Qhthanvs, and kept PollKTion of it for \% Yenr1*; in the iirlt Place Ihe poyson'd her Son's Uncle Coildcber\ together with his Wife; afterwards ihc U'rrcd tip1 the Hitnnt against his Son's, and railed a Civil

War in the Republick. And lastly, She was tke Firebrand of all those Commotions which wasted and burnt al? Francogallia, during many Years, as Aimoinut tells us, |_ lib. 3. cap. 36.8c

lib. 8. cap. 29.]

There ruled once in France, Brunechild, Widow of King Sigebcrt, and Mother of Chi/de-

bert. This Woman had for her Adulterer a certain Itii/i>w, called Protadius, whom She ad-

   vanced to great Honours: She bred up her two Sons, Iheodcbert and Theodorick, in such a wicked and profligate Course of Life, that at lalt they became at mortal Enmity with each other: And after having had long Wars, fought a cruel smgle Combat. She kill d with her own Hands het Grandson Meroveus, the Son of Theodebert: She poysoned her Son Theodorick. What need we say more? D>>te frmnos (as Ctito says) im~ potenti natur.t, & indomito onhnali \ & Jperate illas modum licemix faUuras. She was the Occasion of the Death of Ten of the Royal Family: And when a cettain Bilhop reproved her, and ex-

. hotted her to mend her Life, She caused him to be thrown into the River. At hit, a Great Council of the Franks being lummoned, She was judged, and condemned, and drawn in Pieces by wild Horses, being torn Limb from Limb. The Rehtorsof this Story are, Gtrg. Turonensis, [lib. 5. cap.39."]and[lib.8.cap.29. ] And Ado [ iEtat.6.] O//o/>//?,. [Chron. 5. cap. 7.] Godjridus Viterbiensis [ Chron. pane 16. ] U. Aimoinus \ lib. 4. cap. 1.; Also the Appendix of Gregory of Tours, [lib. 11.1 whose Words are thele: " Having conviBed her of being tbe Occasion "file heath of Ten Kings of the Flanks; 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 Jorts of Torments, and so to bs carried about all the Army \ afterwards to be tied by the Hair of the Head, one Leg and one Arm to a Wild Horscs Tail $ by which being kicked, andswiftly dragged about, She was torn Limb from Umb. 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 Dagobcrt the Second bore the empty Title of King. This PMrudis having been divorced by her Husband Pipm, because of her many Adulteries and flagitious Courie of Life; as soon as her Husband was dead, proved the Incendiary of many Seditions in Frame. She compell'd that gallant Man Charles Mattel, 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 railed a most grievous Civil War among the Franks, who in divers Battels diiomtited each other with most terrible Slaughters. Thus, says A:mainus, [lib. 4. cap. 50. X cap. i'equen.] Also the Author oi a Book called, The Sta'e of the Kingdom of France under Dagobcrt the Second, has these Words: " When the Franks xneie no longer able to bear the \ury and Madness of Plectrude, and saw no Hopes oj Rtdirss jrom King Dagobsrt, theyelededone Diriidjonbcir King, (who formerly had been a Monk) and. called him Chilperick. Which Stoiy 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 i'rancogallia, 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 conllrained their Father to abdicate the Government, and give up the Power into their Hands, to the great Detriment of almost all Europe: The Rile of which Mischiefs, our Historians do unanirnously attribute, for the most Part, to �>ueen Judnh in a particular Manner: The Authors of this Hiitory are the Abbot of Ursperg, Michael Rm.viand Otto Frising. [Chron. 5. cap. 34.] Lewis (savs this lalt) by Reason of the Evil Deeds of his Wife Judith, was driven out of his Kingdom. AHo lsocgino [ in Chron. ann. 1338.] Leins (says he) teas deprived of the Kingdom by his SubjeHs , and being reduced to the Condition oj a private Man, was put into Prison, and the Jolc Government of the Kingdom, by the Election of the Franks, was conjet/d upon Lotharius his Son. And this Deprivation of Lew's i<.jxoccaswn'dprincipally through the many Whoredoms of his Wife Judith. Some Ages after, Queen Blanch, a Spanish Woman, and Mother to St. Lewis, ruled ths 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'Ejlogz, the King'i Uncle, crying out (as that excellent Author Joannes JoinviUaus writes) [ cap. histor. 4. ] " That it was not to be endured " that so great a Kingdom shoiid be governed by a ** Wonan, and She a Stranger. Whereupon those Mcbles rejcctinj Blanch, choseEarl Philip to be

Administrator of the Kingdom: ~-t BUncb persisting in her Purpose, sollicited Succourfrom 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,

selz'd on some Towns, and put good Garisons into them. And thus a grievous Wat was begun in Trance, because the Administration of the Government had been seized by the Queen-Mother: It hapned that the King went (about that Time) to Eslampes, being lent thither by his Mother upon Account of the War: To that Place the Nobles from all Parts hastiljr. 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 th$ Power of his Mother: Which She hearing; with all Speed armed the People of Paris, and commanded them to march towards Eslampes^ Scarce were thess Forces got a?, far as Month' bery, when the King (getting from the Nobles) ioyned them, and returned along with them to Par'u. As soon as Philip found that he was not provided with a sufficient Force of? Domeltick Troops, he sent for Succours to the Queen of Cyprus, {who at the same Time had some Controversy depending in the Kingdom) She entring with a great Army into Chatnp.ign, plunder'd that Country far and near; Blanch however continues in her Resolution. This constrains the Nobility to call in the English Auxiliaries, who walte Anuitain and all the Maritime Regions; which Mischiefs arose thro' the Ambition and unbridled Lull of Rule of the Queen-Mother, as Joinvillxus 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 'ris probable) by the Flattery of the Writers of thoie Times; (For all Writers either thro' Fear of, Punishment, or, by R eason 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.] vis. That She had st great a Command ov<_r her Son, and hjd reduced him to that Degree of Timidity and Lownesb of Spirit, that She would very seldom �Puffer the King to converge with his Wife Margaret, (her Djnghter-inLaw) whom She hated. And therctbre whenever the King went 3 Journey, She ordered the Purveyors tu mark out different Lodgings, that the Queen might lie separate from the King. So tint the poor King was forced to place Waiters and Doorkeepers in Amhush whenever He went near his Queen; Ordeiing them, that when they heard his Mother Blamb approjeh the Lodgings, they shou'd bear some Dogs, by whole Cry he might have Warning to hide himself:

And one Day (says Joinville) when Queen Margaret was in Labour, and the King in Kindneis was come to vilit her, on a sudden Queen Blanch surprized him in her Lodging*: For altho' he had been warned by the howling of the Dogs, and had hid himself (wrapped up in the Curtains) behind the Bed; yet She found him our, and in the Pidenct of all the Compjuy laid Hands on him, and drew him out of the Chamber: You have nothing to do here (IMJ She) get out. The poor Queen, in the mean Time, being not able to bejr the Disgrace of

such a Reproof, fell into a Swoon for Griefs Ib that the Attendants were forced to call back the King to bring her to her ivlf again, by.whose Return She was comforted and recovered. Joinviile. tells this Story [cap. hisi. 76. ] in almost these same Word1; .

Again, Some Years afcer this, lsabeUa, Widow nf Charles the 6th, (Siriumed the Simple) got Posiession 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 Ilirij'd up Contentions: Six Times these Controversies were renewed, and as often composed by Agreement. At List l/ubella being driven out of Paris, betook her self loCuarires: There, having taken into her Service a subtle Knave, one Philip de; \lon>iiliers, She made up a Council of her own, with a Prcsulent, and appointed this Morvilliers her Chancellor �; by whole 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. " Ilabella, by the Grace of God, Siueen of France; icbo, by ReuJon of the King's Infirmity, the Adminislra-

tion if the Government in her Hands, &c. ��

But when the Affairs of the Commonwealth were reduced to that desperate Fltate, that all Things went to Rack and Ruin, She was by the Vublick Council banilhed to To.trs, and committed to the Charge of Four Tutors, who had Orders to keep her lock'd up at Home, and to watch her ib narrowly, that She ihou'd be able tp do nothing; not so much as to write a Let-

ter without their Knowledge. A large Account of all this Transaction we have in MonslreUci's History. [ Cap. 161. & Cap. 168.]


Of the Juridical Parliaments in France.

UNder the Capevirt�tan Family there sprung up in Francogallia a Kind of Judicial Reign, [Regnum Jttdiciale] of which (byReason of the incredible Industry of the Builders up and Promoters of it, and their unconceivabh: Subtilty in all subsequent Ages,) we think' it nccelTary to say something. A Sort of Men now rule every-where in Trance, which are ailed lawyers by somc, and Pleaders or Pettyfeggers by others: These Men, about 300 Years ago, managed their Business with so gteat 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 Re-. gal Mjjesy it self: So that in whatever Towns the Scats of this same Judicial Kingdom have been iix'd, very near the third Pan of the Citizens and Inhabitants have applied themsclves 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 P.//7J, the Capital of the Kingdom: For who,

,carr be three Days in that City wirhout observing,'that the third Pare of the Citizens are taken up with the Practice of that litigious and Tettyfogging Trade? Insomuch, that the General Atsembly of Lawyers in that City (which is called the Robed Parliament) is grown to id great a Heighth of Wealth and Dignity; that now it seems to be (what Jugurtba Did of old of the Roman Senate) no longer an Asscmbly of Counscl/ors, 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 Reaibn many other Cities strove with Might and Main to have the like Privilege of Juridical AlTemblies: So that now there are several of these famous Parliaments, to wit, those of Paris, Tbolouse, Rouen, Grenoble, Bcurdeaux, Aix, and Dijon: All which. zxefx'd and sedentary; besidesan Eighth, which is ambulatory and moveable, and is called the Grand Council.

Within the Limits of these great Juridical Kingdoms there are others lesler, 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 ProcelFes; jult as of old, a great Number of the Egyptians were employ d by their Tyrants in Building Pyramids, and other such pleless Structures.

Now the Word Parliament in the old Manner of Speech used by our Countrymen, " iigni-

fies a Debate, or discoursin^ together of ma ny Persbns, who come fnm several Parts, and aslemble in a certain Place, that they may communicate to one another Matters relating to the Publick. Thus in our ancienr Chronicles, whenever Princes or their Amhasladors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the Atsembly so appointed was always called a Parliament; and for the same Reason the Publick Council of the EJlates was, in our old Language, called a Parliament. Which /Vssombly, being of great Authority, the Kings of the Capevingian Race having a Mind to diminilh that Authority by little and little, substituted in its Place a certain Number of Senators, and transterred the August Title of a Parliament to those Senators: And give them these Privileges: Firit, That none of the King's Editts shou'd be of Force, and ratified, unless those Councilors had been the Advisers and Approvers of them. Next, That no Magittracy 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 Asscmbly. Then that there should be no Liberty of AppealTrom their Judgment, but that all their Decrees {hould Hand firm, and inviolable. In fine, whatever Power and Authority had anciently been lodged in the General Councilor the Nation, during so many Years together, was at Length usurped by that Counterfeit Council, which the Kings took care to fill with such Pcrsons as would be most subsl-rvient to their Ends.

Wherefore it will be worth our while, to enquire from what Beginnings it grew up to Co great a Heighth and Power: First, a very mag*

nificent Palace was built at Paris, by Qrder (as seme say) of King Lewis Hutin, which in our Ancient Language iignifies mutinous or turbulent. Others say, by Philip the fair, about the Year 1314. thro' the Indultry and Care of Enguerrant de JWarigny Count of LongueviUe, 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 Yramogall'ican Kings took the same Pains in building up th\s litigious Trade, that the Egyptian Monarchs are said to have done in employing their Subjects to build the Pyramids; among whom Qxmms is recorded to have gathered together 360000 Men to raise one Pyramid. Gaguinus, in his Hiltory of King Hutin?, Life,

has this PalTjge, �� "Tins Lewis ordained,

That the Court ofParliament sl) remain fixed and imtncrveable in the City of Paris, that Suitors and Clients might not be put to the Trouble of frequent Removals, Now what some affirm, that Piptn or Qmrlemagn were the Authors of thislnstitution, is very abilird, as we shall plainly make appear. For most of the Laws and Constitutions of (Jjarlemagn are extant i in all which there is not the lealt Mention made of the Word Parliament, nor of that great fix:ed Senate; he only ordains, That in certain known Places his Judges should keep a Court, and assemble the People ^ which accotding to his usual Cultom he calls a Placitum, or a MaUum, as [ lib. 4. cap. 35. Legis Frand.e ] 'tis written, He siall cause no more than three general Placita to be kept in one Tear, unless by chance some Per/on is either accused, or Jeizes another Man's Property, or is summoned to be a Witness�. There ate many other Laws extant of

that King's of the like Nature, by which "We may pbserve the Paucity of Law-sults in his Days: And I am clearly of Opinion, that what I find several of our modern Authors have affirm'd is most true, vis. 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 PhiZip the Fair, transferred the Seat of his Papacy to Avignon,'st which Time his Courtiers and Petty-Foggcrs, 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' Joinvilkus (whom we have often menioned) Ins written at large. Out of his Commentary we may easily learn, how few Contentions and Law-Suics were in those Djys, 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,��" Hewas wont (sayshe) to command Lord Nellius, Lord Soissons, or tny self, to inspeB'and manjge the Appeals which voerc made to him. Afterwards he sent for us, and enquired mo the State of the Case; and whether it were of such a Nature as could /lot be ended without his oron Intervention. Oftentimes it hapned, that ajtcr kc had made cur Report, he sent f r the- contending Parties, and heard the Cause impartially argued over again. Sometimes jor his Uiyersion he would go to the Park of Bois tie Vincennes, end sitting down upon a green bedd at the loot of an Oak Tree, would com-

MAnl us to sit h hi* * and there if anyone had

tearhim patiently. ^oud^tenhimMpro. claim aloud, That if "try one bad Business or a Controversy with an Adversary, height come near Jset forth the Merits *}"&*/<then if any Petitioner came he- mu d hear bint atentively, and having throughly considerel TSse^oud pass Ifmm according to Riht and luslicc. At other limes he appointei Peter Fountain and Godfrey Villet to plead the Catties of the contending Parties. 1 have often (says he) seen that good King go out oj Kris into one of iis Gardens or ViUas without the Walls, drelsed very plain y, ***$"}"*. a Carpet to he spread before him on a Table sand, having caused Silence to be proclaimed, thosi which were at Variance with each other were introduced to plead their Causes, and then he presentlydid Justice without My. Thus far JoinvillJts �� By which we may puds at the sinal! Number of Law Suits and Complainants in those Days, and how careful our Kings were of pre"venting the Misclness thit might from such as somented Contfomsies. In the Upituhr of

Charles the Great this Lw is extant, �� Beit

�known unto all Per sont both Mobility and People by these our Patents, That we wtl fit one Pay in every Week to hear Causes-in P ers on. We have the t; ke Testimony in William Buiftts a very famous Man, and-a Principal Ornament of our Kingdom of Trance For in his Annotations on the PandeUs (where ha treats of this very'Argument, nnd � im eighs against'this Kingdom of Brawlers and Pftty-Foggfrj)'hft'tells us,' tliat he finds in theRe^al Commentaries > of Venerable Antiquity, (the free

Perustl of which his Quality did intitle him to) ll)at in the .Reign of the sane King Lewis, {_ Anno i2?o.n\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 andDodors, but Bisbops, Earls, and Barons. And there the Earl of Britany was c->st, and it was ordered that the Inhabitants of his County Jhould be absolved and freed from the Oath of Allegiance and hdelity, which they hid taken to him. Again, in the same King's Reign, (_Anno 1259. ] a Dispute having arisen about the County of CLnrmont bettccen the King and the Earls oj Poictou and Anjou, a Court of Judicature, composed of the like Pcrsons, was appointed, wherein sat the Bishops and Abbots, the General of the Dominicans, the Constable, the Barons, andseveralLticks. To thishelubjoyns: Tet there were two Parliaments called each Tear, at Chriitmas and at Candlemas, like as thtre are two Scacaria summoned in Normandy at Ealter and at Michaelmas. Thus far Budsus; to whom agrees what we find in an ancient Book concerning the Inslitution of Parliaments, wherein this Article is quoted out of the Consin ut ion of Philip the 4th, Sirnamed the Fair

[ex Anno 1302.] �� "Moreover, for the Con-

veniency cf our Subjects, and the expeditious determining of Causes, we propose to have it enaHed, that two Parliaments Jhall be held every Tear at Pai is, and two Scacai ia at Rouen: That the Dies Trecenses siall be held tune a Tear: and that a Parliament Jhall be held at Tholouse, as it used to be held in pasi Times.

if the People of the Land consent to it: Also, hecause many Causes of great Importance art debated in our Parliament, between great and notable Personages; We ordain and appoint, that two Prelates, and two other Jufficient Per-> sons, being Laymen of our Council; or at leasl one Prelate And one hoick, Jha/l be continually present in our Parliaments, to hear and deliberate concerning the above-mentioned. Causes. � From which Words we may leain, First, how seldom the Courts of Judicature heard Causes in those Days. Next, how few Judges sat in thosa Parliaments. For as to the other Provinces and Governments of the Kingdom, we have (in the same Book) the Consihution of Philip the lairi

in these Words, [Anno 1302.] �� "Moreover,

We ordain that our Scneschals and Baylifft sball hold their Assizes in Circuit throughout their Counties and Baylmicks once every two Months at leasl. Furthermore, Budxus in the same Place, [Anno 1293.] writes, that Philip the Fair appointed, that three Sorts of People shou'd sit la Parliament, viz. Prelates, Barons, and Clerks mixed with Laymen: " Since the Laicks (says he) are choien promiscuously out of the Knights, and out of other Sorts of People. Also, that the Prelates and Barons shou'd selccl tit Persons out of that third Ettate, to exercise every Sort of Judicature; and at the same Time shou'd chuse three Judges, who shou'd be lent abroad into those Countries where the written Laws of the Land had their Courle, that they might there judge and determine according to Law. And if any Question of great importance were to be argued, they Ihould take to their Aslistance

" tnemost Learned Men they could get.�� In which Phce, Eudtus somenting the Evil Customs of our Times; that is, this Kingdom of Lawyers now in Vogue, breaks out with Juvenal into ti-.k. Exclamation: " Quondam 1x>c indigent vivebant mere! �� So (says he) may I

exclaim, that in Old Times, when this Kingdom flourished, (as may appear by our Money coined cj pure fine Gold) there was a plain and easy Way of doing Jusiice \ there were Jew LawSuits, and those not of long Continuance, or indeed Eternal, as now they are; for then this Rabble-Rout of pretended Interpreters of the Ltiw hid not invaded the Publick: neither xcai ths Science of the Law slretched out to suel) an unlimited Extents but Truth and Equity, end a prudent Judge, endued with Integrity and Innocence, teas of more worth than Six hundred Volumes oj Law-Books. Fut now to ichat a sad Condition Things are brought, every one sees, but no Body dares speak out. [ Sed omnes Aiccre mutant. ] Thus far honest Budtus \ a most inveterate Adversary of this Art of Chicanery, upon all Occasions.

To return to our Purpose, of giving an Aocount upon what Foundations and Beginnings this Reign of Litigiousncss was first raised. As Cicero writes, that the Old High-Prielts (by Reaibn of the Multitude of Sacrifices) inltituted three Aslisonts called Vin Ep.thnes, altho1 they themselves were appointed by h'uwa to oftex Sacrifice at the Ludi Epuhres: In like Manner, out of 3 very I'nullA 'umber of Parliamentary Judges, (when Law-Suits and Litigioulhess increased) swarm'd this incredible Multitude of Judges, and Spawn ofCounsellors, Arid, in the first Place, a great, sumptuous and [rragnifk.'nt Palace was

built (as we told you before) either by the Command of Lewis Hut in, or of Phi/ip the Fair: then (from amoderate Number of Judges) three Conrts of Ten ejch, were erezted a |_ tres decuri.t 3 viz. Of' the great Oumbcr of Accounts, of Inquesls, and or Reque/ls. Which Pirtition Budsut (peaks of in the above-quoted Place, but more at large Gaguinus in his Life of King Lewis Hutin.

I mult not omit one remarkable Thing that ought for ever to be remembred, which both these Authors have transmktei to Posteiity: viz. Thac this Meeting of the Court of Judicature was not perpetual and. fixed, as 'tis now, but stmmonublc by the King s Writs, which every Year were renewed by Proclamation about the Beginning of November: " And that we may be certain (toys Gaguinus) that the King was the Original and Author oj this solemnConvcmion; the Royal Writs are issued every Tear, whereby the Parliament is authorized to meet on the Feasi-ddy oj St. Martin, that is, en the icib oj November.

Now of the wonderful and spsedy Increase of th's Judicial Kingdom, we have this Inltance \ That about a hundr.-d Years after its Beginning, that is, in the Year 1455, in the Keign of Charles the 7th, we find this Order mide by

him �� From the Feasi of Raster, //// the End

of the Parliament, the Presidcnts and Co.tnsellors ought to meet in their respeSive Chambers at Six c Clock every Morning: from the Feasi of St.

Martin forwards, they may meet later. �� And a

little atter it says, We judge it very necesluy, the Presldents and Counsellors of the Court shoui come to Parliament ajter D,nncr, jor the DiJpatch of Causes, and oj Judgments. This

vcas Charles the 7 th'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 Jullice; as we may eaiily understand by that Law of his; mention d lib. 4. cap. 74. LegisFrancis; " Let a Comes, a Judge (says he) *l not hold a Placitum, (that is, not pass a V)e~ " cree) but bejore Dinner, or Fasting.

Concerning the Word Parliament, and the Authority of that Name, we have this Argument; That when of old a Senate was inttt111 ted in Pauphine with supreme Authority, which was commonly called the Council of Dauphin e; Lewis the nth endeavouring to oblige the "Dauphinois, who had well deietved from him, changed the Name of this Council into that of a Parliament, without adding any Tiling to the Privileges or Authority of it. Of which Guidopappius is our Witnest. [ Qyest. 43. and again quelt. 554. ]


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