Franco-Gallia Part 6

2. cap. 1. _Rhegino_ sub anno 421.

Again, after the Death of _Clotharius_ the 4th King, the Kingdom was divided among his four Sons. So that _Cherebertus_ had that of _Paris: Guntra.n.u.s, Orleans: Chilpericus, Soissons:_ and _Sigebertus_ that of _Rheims_--, Greg. _lib. 4. cap. 22._ Aimoinus _lib. 3. cap. 1._ Rhegino _sub anno_ 498.

On the other hand, _Otto Frising._ chron. 5. cap. 9. and _G.o.d. Viterb._ tell us, That about the Year 630, when _Lotharius_ the 7th King died, _Dagobertus_ his Son reigned _singly_ in _France_, and a.s.signed to his Brother _Heribert_ some Cities and Villages on the River _Loire_, for his Maintenance. For from _Clodoveus_'s Time till now, the Kingdom of the _Franks_ was confusedly subdivided 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 from _Spain_, as far as to _Hungary: Dagobert_ being sole King of all the _Franks_, gave Laws to the _Bavarians_." So says _G.o.defridus_, not without good Grounds, as many wise Men have thought. For, as _Justin_ tells us, _lib. 21._ "That Kingdom will be much more potent, which remains under the Domination of one Person, than when 'tis divided among many Brothers."

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 before; _viz._ That the _whole Power_, relating to that Matter, was lodged in that _Council._ For _Eguinarthus_, in his Life of _Charlemagn_, writes thus, "--After King _Pipin'_s Death, the _Franks_ having a.s.sembled themselves in a _solemn general Convention_, did there _appoint_ both his Sons to be their Kings, upon this Condition, that they shou'd equally divide the whole body of the Kingdom between them: And that _Charles_ shou'd reign over that part of it, which their Father _Pipin_ enjoy'd; and _Carloman_ over the other Part which their _Uncle_ held."

Also the _Abbot of Ursperg_ says,--"When _Pipin_ was dead, his two Sons _Charles_ and _Carloman_, by the _Consent of all the Franks_, were created Kings, upon Condition, that they shou'd divide the whole body of the Kingdom equally between them.--" The same Method in dividing the Kingdom, was practised after the Death of _Charlemagn_, as 'tis manifest by his last Will and Testament, recorded by _Johannes Nauclerus_, and _Eguinarthus_'s History of his Life. Wherein we find almost all _Europe_ so divided among his three Sons, that nothing was a.s.signed either as a Portion or Dower, to his Daughters; but the marrying and providing for them was entirely trusted to the Care and Prudence of their Brothers.

_Otto Frisingensis_, chron. 6. cap. 6. and _Rhegino_ in chron. anno 877.

a.s.sure us, that the same Manner of dividing the Kingdom was practis'd in _East-France_, 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 _Arbitriment_ of _the Kings themselves_; but done by the _Authority_ of the _Publick 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 Father's Kingdom between them, _according to the Direction of their faithful Subjects._"

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 of disposing_ of it was lodged in the _Publick Council_ of the Nation. Indeed afterwards in the Reign of _Philip_ the 3d, (the 41st King) it was ordained, that certain Lordships might be set out and a.s.signed 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 _if the Ancient Inst.i.tution of our Ancestors ought to be our Rule, the Determination of this whole Matter must be left to the Publick General Council of the Nation:_ that according to the Number of Children, some particular Lordships or Territories, may _(by its Authority)_ be a.s.signed for their Maintenance.

CHAP. VIII.

_Of the_ Salick Law, _and what Right_ Women _had in the King's their Father's Inheritance_.

Because we have undertaken to give an Account of the _Law_ and _Right_ of _Regal Inheritance_, we must not omit making 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 Succession to the Crown. For when (_Anno_ 1328.) _Charles the Fair_, Son of _Philip the Fair_, died, leaving his Wife with Child of a Daughter, (which some Months after was born) _Edward King of England_ (Son of _Isabella_, the Daughter of _Philip the fair_, and Sister to _Charles_ lately dead) claimed the Inheritance of his Grandfather's Kingdom as his Right. But _Philip of Valois_, Cousin germain by the Father's Side to the deceased King, standing up, alledged that there was an ancient Regal Law, called the _Salick Law_, by which _all Women_ were excluded from the Inheritance of the Crown. Now this Law both _Gaguinus_ and other Writers of like Stamp tell us, was written by _Pharamond_; and he calls it a most famous Law, even to his Time. For in his Life of _Philip of Valois_; "The _Salick_ Law (says he) was a Bar to _Edward_'s t.i.tle; which Law being first given by _Pharamond_ to the _Franks_, has been religiously observed, even to those Days. By that Law, only the Heirs Male of our Kings are capable of governing the Kingdom, and no Females can be admitted to that Dignity.

The Words of that Law are these: _Nulla hereditatis portio de terra Salica ad mulierem venito; Let no Part of the Inheritance of_ Salick _Land come to a Woman_. Now (says _Gaguinus_) the _French_ Lawyers call _Salick_ Land, such as belongs only to the King, and is different from the _Alodial_ which concerns the Subjects; to whom, by that Law, is granted a free Dominion of any thing, not excluding the Princely Authority." And to the same Purpose, not only almost all the _Francogallican Historians_, but even all the _Lawyers_ and _Pettifoggers_ have wrote to this Day, as _Paponius_ testifies, _Arrest._ lib. 4. cap. 1. So that now the mistake has prevailed so far, as to have obtain'd the Force of a Law. To explain this, it must be remembred (which we formerly gave an Account of) that the _Franks_ had two Seats of their Empire, and two Kingdoms; One in _France_, which remains to this Day; The other beyond the _Rhine_, near the River _Sala_; from whence they were called _Salii_, and _Salici Franci_ (joyning the two Names together) but for the most part briefly _Salici_; the Kingdom of these last, and even their very Name is in a Manner extinct. _Ammia.n.u.s Marcellinus_ makes mention in his History (as we told you before) of these _Salii_, and shews, that they are called the _Eastern Franks_, as the others were called the _Western_. Now as there were two Kingdoms of the _Franks_, so they had different Laws: those that belonged to the _Salii_, were called _Salick_; those that belonged to the _Francogalli_, were called _French. Eguinarthus_ in his Life of _Charles_ the Great says thus:--"After he had a.s.sumed the Imperial t.i.tle, finding that his Peoples Laws were in many Things deficient, (_for the_ Franks _have two Laws very different from each other in many Cases_,) he thought of adding such as were wanting."--The Author of the Preface to the _Salick_ Law has this Pa.s.sage.--"The renowned Nation of the _Franks_, before it was converted to the Catholick Faith, enacted the _Salick_ Law by the Great Men of the Nation, who at that Time were their Governors; and from among a great many, four Persons were chosen; _Wisogast, Arbogast, Salogast_, and _Windogast_; who, during three Conventions [_tres mallos_] carefully perusing all Causes from their Original, gave their Judgment and Decree of every one of them in this Manner, &c.--" _Sigebertus_ in Chron. anni 422. & _Otto Frising_, lib.

4. cap. penult. make use of almost the same Words. "From that time (say they) the Laws recommended to them by _Wisigastaldus_ and _Salogastus_, began to be in Force. By this _Salogastus_, they tell us, that Law was invented, which from his Name is to this Day called the _Salick_ Law; and the most n.o.ble of the _Franks_, called _Salici_, observe it at this time."--Thus say the old Chronographers. By which we may refute the Error of such as derive the _Salick_ Law, _a Sale_, that is, _Prudence_; or what is called corruptly _Lex Salica_, instead of _Gallica_; than which nothing can be more absurd. But much greater Errors spring from the same Fountain: First, That People are so far imposed upon by those Authors, as to believe the _Salick_ Law had reference to the _Publick Right_ of the _Commonwealth_ and the _Government_, also to the _Hereditary Succession_ of the Kingdom. Now the very Records or Tables of this _Salick_ Law were not many Years ago found and brought to Light; from whose Inscription it appears, that they were first written and publish'd about _Pharamond'_s time: Besides, that all the Heads and Articles, both of the _Salick_ and _French_ Laws, were Const.i.tutions relating only to _private Right_ between Man and Man, and meddled not with the _Publick_ Right of the Kingdom or Commonwealth: among the rest, one Chapter, _t.i.t. 62._ has this in it.--"Of the _Salick_ Land, no Part or Portion of Inheritance pa.s.ses 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 (after a long Course of Time) among the Grandsons and great Grandsons, _de alode terrae_; [Footnote: _Allodium_ is the contrary to _Feudum, Gothick_ words, for which 'tis difficult to find proper _English_.] let it be divided, _Non per stirpes sed per capita."_ The like Law, _Extat apud_ Ripuarios, _t.i.t._ 58. _Item apud_ Anglos, _t.i.t._ 7. Where they are so far from enacting any thing relating to the Inheritances of Kingdoms, that they do not so much as affect _Feudal_ Successions, but only belong to _Allodial_; altho' a Portion was a.s.signed to Women out of those _Allodial_ Lands. Which Way soever this Matter may be, 'tis manifest 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 Customs and Inst.i.tutions of a Nation, preserv'd inviolate by universal Consent, during so many Ages, obtain the Force of a written Law: For tho'

_Childeric_, the Third King, left two Daughters behind him at his Death, the Kingdom was given to his Brother _Lotharius_, and his Daughters excluded. Again, after the Death of _Cherebert_ the 5th King, who left three Daughters; the Succession devolv'd upon his Brother _Sigebert_.

Also when _Gontrannus_ King of _Burgundy_ and _Orleans_ died, the Kingdom was conferr'd on his Brother _Sigebert_, not on his Daughter _Clotilda_. Lastly, _Philip_ of _Valois's_ Advocates might with greater Caution, as well as Efficacy, have argued for him out of the _Feudal_ Law, by which all Inheritances of _Fiefs_ descend to the Male Issue 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 _Fief_ returns back to the other Stock or Branch: which was the very Case at that Time. But such Fiefs as thro' a Depravation of the Law, are convey'd down to Women, cannot properly be called _Feuda_, but _Feudastra_, as in other of our Writings we have made it appear.

CHAP. IX.

_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 Ancestors, relating to the Hair worn by the Royal Family: For 'tis recorded, that our Forefathers had a particular Law concerning it; _viz._ That such as were chosen Kings by the People, or were of the Regal Family, shou'd preserve their Hair, and wear it parted from the Forehead, on both Sides the Head, and anointed with sweet Oyl, as an Ornament and peculiar Mark of their being of the Royal Family; whilst all other Persons, how n.o.bly born soever, had no right to wear a large Head of Hair; but were obliged to go with their Heads shorn or shaved, upon the Account (as 'tis probable) that they shou'd be more ready and expedite in their continual military Exercises, as the _Roman_ Histories tell us of _Julius Caesar_, and several others. _Aimoinus_ lib. I cap. 4.

says--"The _Franks_ chusing for themselves a King, according to the Custom of other Nations, raised, _Pharamond_ to the Throne, to whom succeeded his Son Clodio crinitus; For at that Time the Kings of the _Franks_ wore large Heads of Hair. Also lib. 3. cap. 61. _Gundoaldus_ being brought up by his Mother after the regal Manner, wore a long Head of Hair, according to the Custom of the ancient Kings of the _Franks_."

In like Manner _Agathius_, lib. de Bell. Goth. I. where he speaks of _Clodoveus_, one of our Kings, who was taken in Battel by the _Burgundians_, (he calls him _Clodamirus_). "As soon (says he) as his Horse had thrown him, the _Burgundians_ espying his large Head of Hair, which fell back over his Shoulders, presently knew him to be the Enemy's _General_; for 'tis not lawful for the Kings of the _Franks_ to cut off their Hair, but even from their Childhood they remain untrimm'd, and always keep a large Head of Hair hanging low down upon their Backs." And we have many Instances that it was our Ancestors Custom, 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 earnestly beholding him, commanded his Hair to be cut off, denying him to be his Son.--Also--Having caused his Hair to be cut off a second Time, he put him in Prison at _Cologne_; from whence making his Escape, he fled to _Na.r.s.es_, and suffer'd his Hair to grow again, &c." Which Story _Gregory_ of _Tours_, lib. 6. cap. 24. likewise records. Also _cap._ 44. where he speaks of King _Theodorick_.--"The Franks (says he) rose up in Arms against him, and cast 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 must concert what Measures ought to be taken in this Affair; whether we shall order their Hair to be cut off, and to reduce them to the State of common Subjects; or whether we shall cause them to be put to Death, and afterwards divide the Kingdom between us: Then they sent _Archadius_ with a Pair of Scissars 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 sent me to know your Pleasure, what Destiny you are pleased to allot to these two Youths; whether by suffering their Hair to be cut off, you will have them to live; 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, that 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 Crest; and that was their Cognizance or Mark in all their Fights. Therefore _Aimoinus_, 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, cut off with a Blow of a Sword on his Head, sent them by his Esquire to his Father, desiring him to hasten to his a.s.sistance."

Now when I consider what might be the Reasons of this Inst.i.tution, I can find none but this. That since it had been the ancient Custom of the _Gauls_ and _Franks_ to wear their Hair long (as it was also of the _Sicambri_, and of most others in those Parts) our Ancestors thought fit to continue, and in Process of Time to appropriate this Ornament, and Mark of Distinction to the Regal Family. No Person, tho' but indifferently learn'd, needs any Proof that the _Gauls_ wore their Hair long, especially when he calls to mind that of the Poet _Claudian_, ex lib. in Ruffin. 2.

_Inde truces flavo comitantur vertice_ Galli _Quos_ Rhoda.n.u.s _velox_, Araris _quos tardior ambit_, _Et quos nascentes explorat gurgite_ Rhenus.

Now that the _Franks_ did so too, whom we have shewn to be descended from the _Chauci_ or _Chaiici_, that single Pa.s.sage of the Poet _Lucan_ is sufficient to confirm.

_Et vos_ Crinigeros _bellis arcere_ Chaycos _Opposui, pet.i.tis_ Roman, &c.

Which being so, we may easily comprehend the Reason why Strangers, who were ill affected towards our Nation, contumeliously called our Kings, who wore so great a Head of Hair, _Reges setatos, bristled Kings_; and not only so, but (tho' Bristles and long Hair be common to Lyons, Horses and Swine, all which are therefore called _Setosi_, or _Setigeri_) they stretched the Contumely so far, as to say, they had Hogs Bristles. From whence arose that filthy Fiction and foul Name, [Greek: trichorachaton]

of which _Georgius Cedrenus_ writes thus in his History, [Greek: "Helegonto de hoi ek tou genous hekenou katagomenoi kristatoi ho hermeneuetai trichorachai heichon gar kata tes racheos auton trichas ekphuomenas hos choiroi"] that is, "They who were of the Kingly Race were called _Cristati_, which may be interpreted _Bristleback'd_; because they had all along their Back bones, Bristles growing out like Swine"--, Which Pa.s.sage of _Cedrenus_, I believe, is corrupted, and instead of the Word [Greek: kristatoi], ought to be [Greek: setatoi], or perhaps both. For as some Persons called them pleasantly _Christati_ by Reason of their large erected Bunch of Hair upon the Tops of their Helmets; so their Ill-Willers called them upbraidingly _Setati_, or _Setigeri_. If _Cedrenus_ had not been so very plain in this Pa.s.sage, and the Appellation of _Cristati_ be to be retained, I shou'd rather have thought they might have been called [Greek: trichocharaktoi], as being remarkable for their large Heads of Hair.

CHAP. X.

_The Form and Const.i.tution 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 const.i.tuted. 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 _Caesar_ tells us) _had no less authority and Power over their Kings, than the Kings had over the People_. Populus non minus in Regem, quam rex in populum imperii ac Potestatis retinet." Altho' 'tis probable the _Franks_ did not derive this Const.i.tution of their Commonwealth from the _Gauls_; but from their Countrymen, the _Germans_; of whom _Tacitus_, lib. de mor. _Germ._ says,--"Regibus non est infinita aut libera Potestas. Their _Kings_ have not an _Arbitrary_ or _Unlimited Power_." Now 'tis manifest, that no Form of Government is more remote from Tyranny, than this: for not one of the three distinguishing Marks, or Characteristicks of _Tyranny_, which the old Philosophers make mention of, can be found in the Form and Const.i.tution of our Government.

First, as to a forced Obedience; _i. e._ that a King shou'd rule over a People against their Wills; we have shewn you already, 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 _Francogallian_ 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 Subjects; 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.--"King _Gontrannus_ being inform'd by an ordinary Fellow at _Paris_, that _Faraulphus_ lay in Wait for him, presently 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 present a very famous History extant of St. _Lewis_, written by that excellent Person _Joannes Jonvillaeus_, who lived very familiarly with that King for many Years; in which whole History there is not the least Mention made of Guards or Garisons, but only of Porters or Doorkeepers; which in his native Tongue, he calls Ushers.

Now as to the third Mark of _Tyranny_, which is when Matters are so carried, that what is done tends more to the Profit and Will of the _Person governing_, than to that of the _governed_, or the Good of the _Commonwealth_; we shall hereafter prove, that the _Supreme_ Administration of the _Francogallican Kingdom was lodged in the Publick Annual Council of the Nation, which in After-Ages was called the Convention of the Three Estates_. For the Frame of this Government was the very same which the _Ancient Philosophers_, and among them _Plato_ and _Aristotle_ (whom _Polybius_ imitates) judged to be the best and most excellent in the World, as being made up and const.i.tuted of a Mixture and just Temperament of the three Kinds of Government, _viz._ the _Regal, n.o.ble_, and _Popular_. Which Form of a _Commonwealth, Cicero_ (in his Books _de Republica_) prefers to all other whatsoever.

For since a _Kingly_ and a _Popular_ Government do in their Natures differ widely from each other, it was necessary to add a _third_ and _middle State_ partic.i.p.ating of both, _viz._ that of the _Princes_ or _n.o.bility_; who, by Reason of the Splendor and Antiquity of their Families, approach, in some Degree, to the _Kingly Dignity_; and yet, being _Subjects_, 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 Republica_; which, because of its singular Elegancy, we shall here insert at length.

"Ut in fidibus (inquit) ac tibiis, atque cantu ips, ac vocibus, tenendus est quidam concentus ex distinctis sonis, quem immutatum ac discrepantem aures eruditae ferre non possunt; isque concentus ex dissimillimarium voc.u.m moderatione concors tamen efficitur, & congruens; Sic ex summis, & mediis, & infimis interjectis ordinibus, ut sonis, moderata ratione _civitas_, consensu dissimillimorum concinit, & quae _harmonia_ a musicis dicitur in _cantu_, ea est in _Civitate concordia_: arctissimum atq; optimum in Repub. vinculum incolumitatis, quae fine just.i.tia nullo pacto esse potest. _i. e._ As in Fiddles and Flutes, and even in Singing and Voices, a certain Consort of distinct Sounds is to be observed; which if it be alter'd, or not tunable, skilful Hearers cannot bear or endure: And this Consort of very different Tones, is, through as just Proportion of the Notes, rendred Concord, and very agreeable: Even so a Commonwealth, judiciously proportioned, and composed of the _first_, the _middlemost_, and the _lowest_ of the _States_, (just as in the Sounds) through the Consent 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 strongest Bond of Safety for a Government, which can never fail of being accompanied with _Justice_." Our Ancestors therefore following this Method, of a just Mixture of all the three Kinds, in the const.i.tuting 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 transacted by the common Consent and Advice of all the _Estates_. The Wisdom and Advantage of which Inst.i.tution, appears chiefly in these three things: First, That in the Mult.i.tude of prudent Counsellors, the Weight and Excellency of Counsel shews it self more apparently, as _Solomon_ and other Wise Men have said. Secondly, _Because it is an essential part of liberty, that the same persons, at whose cost and peril any thing is done, shou'd have it done likewise by their authority and advice: for_ ('tis a common Saying) _what concerns all, ought to be approved by all_. Lastly, That such Ministers 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 this _great Council_, 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 _Aristotle_ in his third Book of Politicks observes) be reckon'd Governments of Sheep; and brute Beasts, without Wit or judgment; not of Freemen, who are endued with Understanding, and the Light of Reason." The Case is thus--That even as Sheep are 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 Mult.i.tude of Men ought not to be ruled and govern'd by one single Person, who perhaps understands and sees less than several others among them; but by many select Persons, who, in the Opinion of all Men, are both very prudent and eminent; and who act by united Counsels, and, as it were, by one Spirit, composed and made up of the Minds of many Wise Men.

Now whereas it may be objected, that most Kings have a constant _Privy Council_ to advise them in the Administration of publick Affairs: We answer, That there is a great deal of Difference between a Counsellor of the _King_, and a Counsellor of the _Kingdom_. This last takes care of the Safety and Profit of the whole Commonwealth; the other serves the Humour and studies the Conveniences of one Man only; and besides, these King's Counsellors reside, for the most part, 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 acquire a lawless Appet.i.te of Domineering; are wholly intent upon their own ambitious and covetous Designs; 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 l.u.s.ts.

Concerning this Matter, we have a most excellent Saying of the Emperor _Aurelian_, recorded by _Flavius Vopiscus_.--"My Father used to tell me (says _Aurelian_) that the Emperor _Dioclesian_, whilst he was yet a private Man, frequently said, That nothing in the World was more difficult than to govern well. For, four or five Persons combine together, and unanimously agree to deceive the Emperor they determine what shall be approved or disapprov'd. The Emperor, who, for the most part, 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 deserve to be made so; he removes from Offices in the Commonwealth such as he ought to keep in; in short, a good, provident and excellent Emperor is sold by such Counsellors."--Now our Ancestors, in the const.i.tuting their Commonwealth, wisely avoiding these Mischiefs (as Mariners wou'd do dangerous Rocks) decreed that the _Publick_ Affairs shou'd be managed by the joynt Advice and Counsel of _all_ the _Estates_ of the _Kingdom_. To which Purpose the _King_, the _n.o.bles_, and the _Representatives_ of the _Commons_ out of the several Provinces, were obliged to meet at a certain Time every Year. And this very same Inst.i.tution we find to have been that of many other Nations.

First in our Ancient _Gallia_, where the Administration of Publick Affairs was intrusted with the _Common Councel of 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 _Amphictions_ was inst.i.tuted in _Greece_ (as _Suidai_ and others testify) by King _Amphyction_, Son of _Deucalion_; and therein it was ordained, that at a certain appointed Time every Year, _Representatives_ chosen out of the Twelve Commonwealths of _Greece_ shou'd meet at _Thermopylae_, and deliberate concerning all the weighty Affairs of the Kingdom and Commonwealth: For which Reason, _Cicero_ calls this the _Common Council of Graecia_, _Pliny_ calls it the _Publick Council_.

We find the like Wisdom in the Const.i.tution of the _German Empire_, wherein the _Emperor_ represents the _Monarchical_ State, the _Princes_ represent the _Aristocratical_, and the _Deputies of the Cities_ the _Democratical_; neither can any Matter of Moment appertaining to the whole _German Republick_ be firm and ratified, but what is first agreed upon in that _great Convention of the Three Estates_. To this End was framed that ancient and famous Law of the _Lacedemonians_, which joyned the _Ephori_ to their _Kings_; "Who, as Plato writes, were designed to be like Bridles to the Kings, and the Kings were obliged to govern the Commonwealth by their Advice and Authority." _Pliny_, lib. 6. cap. 22.

makes mention of the like Practice in the Island of _Taprobana_, where the King had thirty Advisers appointed by the People; by whose Counsel he was to be guided in the Government of the Commonwealth; "For fear (says he) lest the King if he had an unlimited Power should esteem his Subjects no otherwise than as his _Slaves_ or his _Cattel_."

Furthermore, we find the very same Form of Administration of the Kingdom of England, in _Polydore Virgil_'s History of _England_, lib. 11. where he has this Pa.s.sage in the Life of _Henry_ the First.--"Before this Time the Kings used to summon a publick Convention of the People in order to consult with them, but seldom: So that we may in some Manner say, that the Inst.i.tution derived its Original from _Henry_: which took such deep Root, that it has always continued ever since, and still does so; _viz._ That whatever related to the Well governing or Conservation of the _Commonwealth_, ought to be debated and determin'd by the _great Council_. And that if either the _King_ or the _People_ shou'd act any thing _alone_, it shou'd be esteemed _invalid_, and as _nothing_, unless it were first approved and established by the _Authority of that Council_. And for fear this _Council_ shou'd be c.u.mbred with the Opinions of an _unskilful Mult.i.tude_, (whose Custom it is to distinguish nothing justly) it was at first establish'd by a certain Law, what _Sort_ of Persons, and what _Numbers_ either of the _Priests_ 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 _Occasion_ requires." Thus far _Polydore Virgil_.

But among all the Laws and Customs of this Kind, there is none so remarkable as that of the _Spaniards_; who, when they _elect_ a King in the _Common-Council_ of _Arragon_, (in order to keep up a perpetual Remembrance of their Privileges) represent a Kind of Play, and introduce a certain _Personage_, whom they call by the Name of _The Law of Arragon_, [Footnote: _La just.i.tia di 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 elected upon certain Terms and Conditions) in Words which (because of the remarkable Virtue and Fort.i.tude of that Nation in repressing the _unbridled Will_ of their Prince,) we will here set down at length.--"Nos que valemos tanto come vos, ii podemos mas que vos; vos elegimos Reii con estas ii estas 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 you 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 _this has always been a constant and universal Law of all Nations, that are governed by a Kingly, and not by a Tyrannical Power_: 'Tis very plain, that this most valuable Liberty of holding a _Common-Council_ of the Nation, is not only a Part of the _People's Right_; but that all Kings, who by Evil Arts do oppress or take away this _Sacred Right_, ought to be esteemed _Violators of the Laws of Nations_; and being no better than _Enemies of Human Society_, must be consider'd not as _Kings_, but as _Tyrants_.

But to return to the Matter in Hand. Our Commonwealth being const.i.tuted by the Laws of our Ancestors, upon the Bottom above-mention'd, and partic.i.p.ating of all the three Kinds of Government; it was ordain'd, that once every Year (and as much oftner as important Occasions should make it necessary) a _Solemn General Council_ shou'd be held: Which for that Reason, was called a _Parliament_ of the _Three Estates_. By that Word was meant a Convention or Meeting of Men out of several Parts of the Country to one Place, there to confer and deliberate concerning the Publick Welfare: And therefore all Conferences (tho' between Enemies) in order to a Peace or Truce are always in our Chronicles called by the Name of _Parliaments_. Now of this Council, the _King_ sitting in his Golden Tribunnal, was _chief_; next to him were the _Princes_ and _Magistrates_ of the Kingdom; in the third Place were the _Representatives_ of the several Towns and Provinces, commonly called the _Deputies_: For as soon as the Day prefix'd for this a.s.sembly was come, the _King_ was conducted to the Parliament House with a Sort of Pomp and Ceremony, more _adapted to popular Moderation_, than to _Regal Magnificence_: which I shall not scruple to give a just account of out of our own Publick Records; it being a Sort of _Piety_ to be pleas'd with the Wisdom of our Ancestors; tho' in these most profligate Times, I doubt not but it wou'd appear ridiculous to our flattering Courtiers.

The King then was seated in a _Waggon_, and drawn by _Oxen_, which a _Waggoner_ drove with his _Goad_ to the Place of a.s.sembly: But as soon as he was arrived at the Court, or rather indeed the Venerable _Palace of the Republick_, the n.o.bles 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 Majestas, Royal Majesty_. Of which we may even at this Day observe a signal Remain in the King's Broad Seal, commonly called the _Chancery_ Seal. Wherein the King is not represented in a _military Posture_ a Horse-back, or in a _Triumphant Manner_ drawn in his Chariot by Horses, but sitting in his Throne _Robe'd_ and _Crown'd_, holding in his Right Hand the Royal Sceptre, in his Left the Sceptre of Justice, and presiding in his _Solemn Council_. And indeed, in that Place only it can be said that _Royal Majesty_ does truly and properly reside, where the great Affairs of the Commonwealth are transacted; 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. First, out of _Eginarthus_, who was _Chancellor_ to _Charles the Great_, and wrote his Life. These are his Words: "Wherever he went (speaking of _Charlemagn_) _about the publick Affairs_: he was drawn in a Waggon by a Pair of Oxen, which an ordinary Waggoner drove after his rustical Manner. Thus he went to the Courts of Justice, thus to the Place of the Publick Convention of his People, which every Year was celebrated for the Good of the Realm; and thus he used to return Home again."

_Joannes Nauclerus_ gives us an Account of the very same Thing, in almost the same Words, in _Chron. Generat. 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 drawn by _Oxen_; of which we have one Instance in _Greg. Turon. lib. 3. cap. 26. "Deuteria_, (says he) Wife of King _Childebert_, 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, caused her to be put into a Sort of Litter with untamed Oxen, and thrown Headlong off a Bridge." _Aimoinus, lib. 4. cap. 30._ makes mention of the Golden Throne, where he speaks of King _Dagobert_: "He proclaimed, says he, _Generale PLACITUM in loco nuncupato Bigargio_, a _Great Council_ in a Place named _Bigargium_: To which all the Great Men of _France_ a.s.sembling with great Diligence on the Kalends of _May_, the King thus began his Speech to them, sitting on his _Golden Throne_." Also in his 41st Chapter, speaking of King _Clodoveus_--Sitting in the midst of them, on his _Golden Throne_, he spoke in this Manner, &c. _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 salute and be saluted, to receive Homage, and give and take Presents." _Georgius Cedrenus_ expresses this in almost the same Words: [Greek: katta de ton Maion mena prokaithesesai epi pantos tou ethnous kai proskunin autois kai antiproskunisthai hup auto doroph.o.r.eisthai te katta sunepheian kai antididonai autois]

Now, concerning the _Authority_ of the _People_, who were thus gather'd together at the _Great Council_, we have many Testimonies, _Aimoinus, lib. 4. cap. 41._ speaking of _Clodoveus_ the Second; "Altho' (says that King in his Speech) the Care of our Earthly Princ.i.p.ality _obliges_ us to call you together _Francigenae cives_, and to consult you in Affairs relating to the Publick, &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 Year_, 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 Chapelle_ was ended, as soon as he return'd, he held a _General Convention_ of his People, according to usual Custom, &c. _Cap._ 116. The Emperor having held Two _Conventions_, one at _Nimeguen_, the other at _Compiegn_, wherein he receiv'd the Annual Presents, &c. Again, _Cap._ 117. In the Month of _August_ he came to _Wormes_, and holding there the General Convention according to constant Practice, he received the Yearly Gifts which were offer'd him, and gave Audience to several Amba.s.sadors, &c. Again, _Lib.

5. cap. 31._ The General _Placitum_ was held on the Ides of _June_, in the Town _Dusiac.u.m_."

And this may suffice touching this solemn _General Council_, which both _French_ and _German_ Historians, thro' a deprav'd Custom of the _Latin_ Tongue, called by different Names; sometimes _Curia_, sometimes _Conventus Generalis_, but for the most Part _Placitum. Gregorius, lib.

7 cap. 14_ says thus:--"Therefore when the Time of the _Placitum_ approached, they were directed by King _Childebert, &c. Aimoinus, lib.