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But we find a very memorable Pa.s.sage; which highly sets forth the great Glory of their war-like 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 _Graecia_ 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 foelicitas: qui a Ponto usque correptis navibus, Graeciam Asiamque populati, nec impune plerisque Lybiae littoribus appulsi, ipsas postrem navalibus quondam victoriis n.o.biles ceperant Syracusas: & immenso itinere permensi, Oceanum, qua terras rupit intraverant: atque ita eventu temeritatis, offenderant, nihil esse clausum piraticae 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 _Maximia.n.u.s_ and _Constantine_, says,--"Many thousand _Franks_, who had crossed 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 _Caninesates_ among them, whose Custom in Electing their Kings was, (as I shall hereafter shew) the very same with that of the Franks.--"Amba.s.sadors (says he) were sent to the _Caninesates_, 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 Tarnebus_, 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 _Phira.s.si_ 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.

CHAP. V.

_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 should 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 _G.o.dfrey_ 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 Soldier 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 _Caninesates_, 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 great 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 Amba.s.sadors, offering their a.s.sistance. 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 unbounded 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 _a.s.sertors_ of the _publick liberty_: And when they const.i.tuted _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 Origins of the Word _Frank_, viz. That whoever contributed Money towards the Building of St. _Denis's Church_, should be called _Francus_, that is, a freeman, is not worthy of being remembred, no more than all the rest of his trifling Works; stuft'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, but also _France_ from the Tyranny and Oppression of the _Romans_; and at last (crossing the _Alps_) even a great part of _Italy_ itself.

The first mention made of this ill.u.s.trious name, we find in _Trebellius Pollios_ Life of the Emperor _Gallienus_, about the 260th Year after _Christ_. His Words are these: "c.u.m, &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 a.s.sisted by many Auxiliaries, both of the _Celtae_ and the _Franks_, took the Field along with _Victorinus_--." By which Words we may plainly perceive, that the _Gauls_ crav'd the a.s.sistance 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, [Greek: epolemise de phrangois], &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. _Ammia.n.u.s_, 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 _Caesar_. "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 _Ammia.n.u.s_ 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 there things, he first of all march'd towards 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 pa.s.s'd the _Rhine_, he enter'd the Country of those _Franks_ called _Attuarii_, a turbulent sort of People, who at that time made great Havock on the Frontiers of _Gallia_."--And in his 30th Book, where he speaks of King _Macria.n.u.s_, 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 const.i.tuted great Master of the Houshold by the Emperor _Gratia.n.u.s_, 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_; pa.s.s'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 must be apply'd what St. _Ambrose_ writes in his Letter (the 29th) to _Theodesius_ 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 established 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 cross'd 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 before) the first that was elected by the publick Council of the a.s.sociated _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 _Hanni_ under their Leader _Attila_ wasted _Gallia_ with Fire and Sword. This _Attila_ having an Army of about Five hundred thousand Men, over-ran all _Gallia_ as far as _Thoulouse_. _aetius_ was at that time Governor of _Gallia_, who fearing the Power of _Attila_, made a League with the _Goths_, and by their a.s.sistance defeated _Attila_ in a Battel; wherein, 'tis said, they slew no fewer than a Hundred and eighty thousand Men. But the Conqueror _aetius_ being suspected by _Valentinian_ of aspiring to the Empire, was afterwards, by his Command, put to Death; and within a little while after, he himself was slain by _Maximus_ before-mention'd.

During these Transactions, _Meroveus_, King of the _Franks_, taking his Opportunity, pa.s.s'd the _Rhine_, with a great Army; and joyning in Confederacy with many Cities, who a.s.sisted in the common Cause of the publick Liberty, possess'd himself at length of the innermost Cities belonging to the _Celtae_, between the _Seine_ and the _Garonne_. 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 ancient Custom; and carrying him upon their Shoulders thrice round the place of a.s.sembly, 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 pa.s.s'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: [Footnote: Hotoman's _Francogallia_ was written _Anno_ 1573.] _That altho' the Francogallican Kingdom_ has lasted from that time to this, almost One thousand two hundred Years; yet during so long a s.p.a.ce, 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 _Capevignians_, who being descended from _Hugh Capet_, now rule the Kingdom, and have done so for Five hundred and eighty Years past.

CHAP. VI.

_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 _Demoribus Germanorum_, proves plainly; and we have shown, that our _Franks_ were a _German_ People: _Reges ex n.o.bilitate, Duces ex virtute sumunt_; "Their _Kings_ (says he) they chuse from amongst those that are most eminent for their _n.o.bility_; their _Generals_ out of those _that are Famous for their Valour:"_ Which Inst.i.tution, [Footnote: 1574.] to this very day, the _Germans, Danes, Sweeds 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 preferr'd 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 Inst.i.tution. 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 descended from a generous Sire, but a tryed good Horse himself: Even so, those that const.i.tute a Commonwealth, are much mistaken if they have more regard to _kindred_, than to the _qualification_ of the Prince they are about to set over them."

And that this was the Wisdom of our Predecessors in const.i.tuting the _Francogallican Kingdom_, we may learn, First, from the last Will and Testament of the Emperor _Charlemagn_, publish'd by _Joannes Nauclerus_ and _Henricus Mutius_; in which there is this Clause--"And if any Son shall hereafter be born to any of these, my three Sons, whom the People shall be _willing to Elect_ to succeed his Father in the Kingdom; My Will is, that his 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. says, of _Pharamond_, commonly counted the first King of the _Franks_, in these Words.--"The _Franks electing_ for themselves a King, according to the custom of other Nations, raised up _Pharamond_ to the Regal Throne." And again, _lib._ 4.--"But the Franks took a certain _Clerk_ or _Priest_ called _Daniel_; and as soon as his Hair was grown, _establish'd_ him in the Kingdom, calling him _Chilperic_." And _lib._ 4. _cap._ 67.--"King _Pipin_ being dead, his two Sons, _Charles_ and _Carlomannus_, were _elected Kings by the consent of all the_ Franks." And in another place--"As soon as _Pipin_ was dead, the _Franks_ having appointed a solemn _Convention, const.i.tuted_ both his Sons Kings over them, upon this foregoing condition, that they should divide the whole Kingdom equally between them."--And again, after the Death of one of the Brothers--"But _Charles_, after his Brother's Decease, was _const.i.tuted_ King by the _consent_ of all the _Franks_." Also, towards the end of his History of _Charles the Great_, he says, "The n.o.bility of the _Franks_ being solemnly a.s.sembled from all parts of the Kingdom; he, in their presence, called forth to him _Lewis_ King of _Aquitain_, (the only one of _Heldegardis's_ Sons then living) and _by the advice and consent of them all_, const.i.tuted him his a.s.sociate in the whole Kingdom, and Heir of the Imperial Dignity." Thus much out of _Aimoinus_.

Many Testimonies of the like nature we find in _Gregorius Turen_ whereof we shall cite only these few following, _lib. 2. cap. 12._--"The _Franks_ (says he) having _expelled Childeric_; unanimously _elected Eudo_ for their King."--Also _lib. 4. cap. 51._--"Then the _Franks_ (who once looked towards _Childebert_ the Elder) sent an Emba.s.sy to _Sigebert_, inviting him to leave _Chilperic_ and come to them, that they by _their own Authority_ might make him King."--And a little after--"The whole Army was drawn up before him; and having set him upon a Shield, _they appointed_ him to be their King."--And in another place--"_Sigebert_ agreeing to the _Franks_ Proposals, was placed upon a Shield, according to the Custom of that Nation, and proclaimed King; and so got the Kingdom from his Bother _Chilperic_"--And presently after--"The _Burgundians_ and _Austrasians_ concluded a Peace with the _Franks_, and made _Clotharius_ King over them in all the three Kingdoms," Which particular the _Abbot_ of _Ursperg_ confirms. "The _Burgundians_ (says he) and _Austrasians_ 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 of his Brothers, called _Hilderic_, who was already King of the _Austrasians_, to be also their King."

To this matter belongs what _Luitprandus Ticinensis_ writes, _lib. i.

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 Amba.s.sadors of the _Franks_ met him, acquainting him that they were returning Home again; because being tired with long expectation of his coming, and not able any longer to be without a King, they had _unanimously_ Chosen _Odo_ or _Wido_, tho' 'tis reported the _Franks_ did not take _Wido_ upon this occasion for their King, &c."

But concerning this _Odo_, the Story is memorable which _Sigibert_ relates; from whence we may more clearly be inform'd of the manner of their _rejecting_ their King's _Son_, and "_setting up_ another in his stead." For (_sub anno_ 890.) he says thus "But the _Franks_ neglecting _Charles_ the Son of _Lewis the Stammerer_, a Boy scarce ten years old; Elected, _Odo_ for their King, who was Son of _Duke Robert_, slain by the _Normans_." Also _Otto Frinsing Chronic. lib. 6. cap. 10._ "The _Western Franks_ (says he) with the consent of _Arnolphus_, chose for their King _Odo_ a valiant Man, and Son of _Robert_."--Also in the _Appendix_ to _Gregory_ of _Tours_, lib. 15. cap. 30. "After the Death of _Dagobert, Clodoveus_ his Son obtain'd his Father's Kingdom, being at that time very young, and all his _Leudes_ (that is, Subjects) _rais'd_ him to the Throne, _in Villa Masolano_."--Also _Sigebert_, in _chronic.

anno_ 987.--"_Lewis_ King of the _Franks_ being dead, the _Franks_ had a mind to transfer the Kingdom to _Charles_ the Brother of _Lotharius_; but whilst he spent too much time, deliberating with his Council concerning that Affair, _Hugo_ acquires the Kingdom of the _Franks_, &c." There are many Testimonies, of the same Kind in _Ado_, viz. _anno_ 686.--"_Clodoveus_ the King dying, the _Franks_ elect _Clotarius_ his Son for their King." And again, "--_Clotarius_ having reigned four Years, died, in whose stead the Franks elected _Theodorick_ his Brother--." Again, _anno_ 669. "The _Franks_ establish'd in the Kingdom a certain Clerk, called _Daniel_, having caused him to quit his Tonsure and Orders, and name him _Chilperic_." And again,--"The _Franks_ appoint, as King over them, _Theodoric_ the Son of _Dagobert_"--. Also _Otto Frising_ chron. 6. cap. 13.--"_Otto_ (says he) King of the _Franks_ being dead, _Charles_ was created King by unanimous Consent--."

The Appendix to _Greg. Turon._ _lib._ 11. _cap._ 101. says thus, "When _Theodoric_ was dead, the _Franks_ elected _Clodoveus_ his Son, who was very young, to be their King." And _cap._ 106. "But the _Franks_ appoint one _Chilperick_ to be their King." Also _G.o.dfrey_ of _Viterbo_, _chron.

part._ 17. _cap._ 4. "--But _Pipin_ in being elected by the _Franks_, was declared King by Pope _Zacharias_, _they having thrust their cowardly King_ Hilderic _into a Monastery_."

From these Proofs, and very many others like them, I think 'tis most plain, that the Kings of _Francogallia_ were made such rather by the _Suffrages_ and _Favour_ of the _People_, than by any _Hereditary Right_. Of which a farther Argument may be the _Forms_ and _Ceremonies_ used by our _Ancestors_, at the Inauguration of their _Kings_. For we observe, the very same Custom was continued at the _Election_ of our Kings, which we told you before out of _Cornelius Tacitus_, was formerly practised by the _Caninesates_, (the _Franks_ own Country-men) _viz._ that they set their _Elected King_ upon a _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 _Election_, or round about the Army on Men's Shoulders, all the People expressing their joy by Acclamations, and clapping of Hands. _Greg. Turen. lib._ 2. where he makes mention of King _Clodoveus's_ Election,--"But they (says he) as soon as they heard these things, applauding him both with their Hands and Tongues, and hoisting him on a Shield, _appointed_ him to be their King--." Also _lib._ 7. _cap._ 10. where he speaks of _Gondebaldus_,--"And there (says he) placing their King upon a _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. 3. cap.

6._ gives us this Account,--"They called forth _Gondebaldus_, and according to the Custom of the ancient _Franks_, proclaimed him their King, and hoisted him on a Shield; and as they were carrying him the third time round the whole Army, of a sudden they fell down with him, and could scarce get him up again from the Ground--." The like says _Ado. Vien._ aetat. 6.--_"Sigebertus_ consenting to the _Franks_, was placed upon a Shield, according to the _Custom of that Nation_, and proclaimed King": And peradventure from hence arose that Form among those Writers, who treat of the Creation of a King;--_In Regem elevatus est._

But now we come to the third Part of this Controversy, in order to understand, how great the _Right and Power of the People_ was, both in _making_ and _continuing_ their Kings. And I think it is plainly prov'd from all our Annals, that the _highest Power_ of _abdicating_ their _Kings_, was lodged in the _People_. The very first that was created King of _Francogallia_, is a remarkable instance of his Power. For when the People had found him out to be a profligate lewd Person, wasting his time in Adulteries and Wh.o.r.edoms, they removed him from his Dignity by universal Consent, and constrain'd him to depart out of the Territories of _France_: and this was done, as our Annals testify, in the Year of Christ 469. Nay, even _Eudo_, whom they had placed in his stead, abusing his Power thro' excessive Pride and Cruelty, was with the like Severity _turned out_. Which Fact we find attested by _Gregory of Tours, lib. 2.

cap. 12. Aimoinus, lib. 1. cap. 7. G.o.dfrey of Viterbo, part. 17. cap. 1.

Sigibertus, sub annis 461, & 469. "Childeric_ (says _Gregorius_) being dissolved in Luxury, when he was King of the _Franks_, and beginning to deflower their Daughters, was by his Subjects _cast out of the Throne with Indignation_; whereupon he finding they had a Design to kill him, fled into _Thoringia_." But the _Abbot of Ursperg_ says, "the People were unwilling to kill him, but contented themselves with having _turn'd him out, because he was a dissolute Man_, and a Debaucher of his Subjects Daughters--." _Sigibertus_ says,--"_Hilderick_ behaving himself insolently and luxuriously, the _Franks thrust him out of the Throne_, and made _aegidius_ their King."

And this most glorious and famous Deed of our Ancestors, deserves the more diligently to be remark'd, for having been done at the very Beginning, and as it were, the Infancy of that Kingdom; as if it had been a Denunciation, and Declaration, that the Kings of _Francogallia_ were made such, upon certain _known terms and Conditions_; and were _not Tyrants_ with _absolute unlimited_ and _arbitrary_ Power.

Their Successors also, keeping up the same Custom, in the Year of _Christ_ 679, forced _Childeric_, their Eleventh King, to _Abdicate_, because he had behaved himself insolently and wickedly in his Government. And he having formerly caused a certain n.o.bleman, called _Bodilo_, to be tied to a Stake and whipp'd, without bringing him to a Tryal, was a few Days after slain by the same _Bodilo_. Our Authors are _Aimoinus, lib. 4. cap. 44_, _Trithemius, anno 678._ and _Sigebertus, anno 667_.

The Severity of our Ancestors appear'd in the same Manner a little while after, in the Instance of their 12th King _Theodoric_; who being a wicked and covetous Prince, "the _Franks_ (says _Aimoinus_) _rose up against him_, and _cast him out of the Kingdom_, cutting off his hair by _force_," lib. 4. cap. 44.--_Ado_, aetat. 6. anno 696. but _Sigebertus_ sub anno 667. imputes a great many of his Crimes to _Ebroinus_ his Favourite and chief General. [Footnote: _Praefectus Regius._] "King _Theodorick_" (says he) "was _deposed_ by the _Franks_, because of the Insolence of _Ebroinus_, and his Brother _Hilderick_ was with unanimous Consent _chosen_ King." And _Ado_ says, "The _Franks_ cast _Theodorick_ out of the Kingdom, shaved _Ebroinus_ in the Monastery of _Lexovium_, and afterwards raised _Childerick_ to be King over them." Also the Appendix to _Greg. of Tours, lib. II. cap. 64._--"The _Franks_ rise up in _Arms_ against _Theodorick, cast him out_ of the Kingdom, and cut off his Hair: They shaved also _Ebroinus."_

The like Virtue our Ancestors exerted in the Case of _Chilperick_ their 18th King, whom they _forced to abdicate the Kingdom_, [Footnote: _Regno se abdicare coegerunt._] and made him a Monk, judging him unworthy to sit at the Helm of so great an Empire, [Footnote: _Propter inertiam._] _by reason of his Sloth._ Whereof _Aimoinus_, lib. 4. cap. 61. _Sigibertus_ and _Trithemius_, anno 750. and _G.o.dfrey_, Chronic. part. 17. cap. 4.

are our Witnesses.

Again, a sixth Example of the like Severity is extant in _Charles the Gross_ their 25th King; who for the like _Cowardise_, and because he had granted away part of _France_ to the _Normans, suffering his Kingdom to be dismembred_, was [Footnote: _Ab optimatibus Regni repudiatas._]

_rejected and turn'd out_ by the _n.o.bility_ and _Gentry_ of the Kingdom, as _Sigebertus_ tells us _anno 890_. Which same thing _G.o.dfridus_ records, _part. 17._ But more at large _Otto Frising, chron. 6. cap. 9._ where he adds this memorable Pa.s.sage,--"This Man (says he) who next to _Charles the Great_, had been the King of greatest Power and Authority of all the Kings of the Franks, was in a short time reduced to so low a Condition, that he wanted Bread to eat, and miserably begged a small Allowance from _Arnolphus_, who was _chosen_ King in his stead, and thankfully accepted of a poor Pension: From whence we may observe the uncertain and miserable State of all Human Greatness; that he who had govern'd all the _Eastern_ and _Western_ Kingdoms, together with the _Roman_ Empire, shou'd at last be brought down to such a Degree of Poverty, as to want even Bread." A Seventh Instance is _Odo_ the 26th King, who after he had been elected King in the Room of _Charles_ the Son of _Lewis_ the _Stammerer_, was in the 4th Year of his Reign, by the _Franks, banish'd_ into _Aquitain_, and commanded to abide there; they replacing in his stead the same _Charles_ the Son of _Lewis_. Which Fact is recorded by _Sigebertus_, sub anno 894. _Aimoinus_ lib. 5. cap. 42.

and _G.o.dfridus_ part. 17.

We must add to this Number _Charles_ the 27th King, sirnamed (because of his _Dullness_) [Footnote: _Propter Stuporem ingenii._] _Charles_ the _Simple_: Who having thro' his Folly suffer'd his Kingdom to run to Decay, and lost _Lorrain_ (which he had before recover'd) was _taken and cast into Prison_, and _Rodolphus_ was _chosen_ in his place, as _Aimoinus, lib. 5. cap. 42._ and _Sigebertus, anno 926._ do testify.

CHAP. VII.

_What Rule was observ'd concerning the Inheritance of the deceased King, when he left more Children than one._

All that we have above said, tends to prove, that the Kingdom of _Francogallia_ in old times, did not descend to the Children by _Right of Inheritance_ (as a private Patrimony does); but was wont to be bestow'd by the _Choice and publick Suffrages of the People_: So that now there is the less Room left for the Question,--What Rule was observed in Relation to the Children of the deceased King, when he left more than one behind him. For since the Supreme Power nor only of _Creating_, but also of _dethroning_ their Kings, was lodged in the _Convention_ of the _People_, and _Publick Council_ of the Nation; it necessarily follows, that the _ordering_ the _Succession_ (whether they should give it entirely to one, or divide it) was likewise in the _People_. Altho' in this place another Question may arise, _viz._ supposing the People shou'd _reject_ the Son of their King, and _elect_ a Stranger, whether any thing should be allowed to the first to maintain his Dignity? For the Solution, of which 'tis to be understood, that Lawyers reckon four Kinds of such Goods, as may be properly said to be under the King's [Footnote: _In Regis ditione._] Governance; _viz._ the Goods of _Caesar_, the Goods of the _Exchequer_; the Goods of the _Publick_, and _Private_ Goods. The Goods of _Caesar_ are such as belong to the _Patrimony_ of every Prince, not as he is _King_, but as he is Ludovicus, or _Lotharius_, or _Dagobertus_. Now this Patrimony is called by the _Gallican_ Inst.i.tutions, _The King's Domain_; which cannot be alien'd, but by the Consent of the _publick Council_ of the Nation, as we shall make it appear hereafter, when we come to treat of the Authority of that _Council_. The Goods of the _Exchequer_ are such as are given by the _People_, partly to defend the King's Dignity, and partly appropriated to the Uses and Exigencies of the _Commonwealth_.

The Goods of the _Publick_ (as the Lawyers call them) are such as inseparably belong to the _Kingdom_ and _Commonwealth_. The _private_ Goods are reckon'd to be such Estate, Goods and Fortune, as are esteemed to belong to every Father of a Family. Therefore upon the Death of any King, if the Kingdom be conferr'd on a Stranger, the _Patrimonial_ Estate, as Lawyers call it, (being what was not in the King's Power to alienate) shall descend by Inheritance to his Children: But that which belongs to the _Kingdom_ and _Commonwealth_, must necessarily go to him who is chosen King, because it is part of the _Kingdom_. Altho' it may be reasonable, that Dukedoms, Counties, and such like (by Consent of the _publick Convention_ of the People) may be a.s.signed to such Children for the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.

and _G.o.dfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_ being made King, a.s.signed certain Towns and Villages near the _Loire_, to his Brother _Heribert_ for his Maintenance. Which _Aimoinus_ confirms, _lib._ 4. cap. 17. and further adds, that he made a Bargain with him, to live as a private Person, and to expect no more of his Father's Kingdom. Also in his 61. _chap._ where he speaks of King _Pipin_, "He bestowed (says he) some Counties on his Brother _Grison_, according to the _Order_ of the Twelve Peers." And to this belongs what _Greg. Turon._ writes, _lib. 7. cap. 32._--"_Gondobaldus_ sent two Amba.s.sadors to the King with consecrated Rods in their hands, (that no Violence might be offer'd them by any body, according to the Rites of the _Franks_) who spoke these Words to the King, _Gondobaldus_ says, he is a Son of King _Clotharius_, and has sent us to claim a due Portion of his Kingdom."

But to return to the Question, as far as it relates to the Succession of the Kingdom; I can find out no certain Rule or Law in _Francogallia_ touching that Matter; because (as I said before) the Kingdom was not hereditary. 'Tis true, that in many _n.o.ble Patrimonies_ there was what we call _Fiefs_, Feuda; as _Otto Frising. lib. 2. cap. 29._ observes, "'Tis the Custom (says he) in _Burgundy_, which is also in most of the other Provinces of _France_, that the Authority of the Paternal Inheritance always falls to the Elder Brother, and his Children, whether Male or Female; the others looking on him as their Lord--." And that the same was practised among the whole Nation of the _Franks, Petrus de Vincis_, lib. epist. 6. epist. 25. and in other Places of his Writings, sets forth at large. But in the Succession of the Kingdom a different Rule was observ'd. For our Records do testify, that in old times the Kingdom of _Francogallia_, upon the Death of the King, was very often, not bestowed by the People on any one of his Sons, but divided into convenient Parcels, and a part a.s.signed to each of them. Therefore when _Clodoveus_ the 2d King dyed, _anno_ 515. who left four Sons, _Theodorick, Clodoveus, Childebert_, and _Clotharius_, we find the Kingdom was thus divided among them; _Theodorick_ had the Kingdom of _Metz_ for his Share, _Clodoveus_ that of _Orleans, Clotharius_ that of _Soissons_, and _Childebertus_ that of _Paris_, as 'tis recorded by _Agathius_, lib. hist. 1. _Greg. Turon._ lib. 3. cap. 1. _Aimoinus_ lib.

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