Part 14

In the Year 1356: after King John had been taken Prisoner by the English, and carried into England, a Publick Council of the Kingdom was held at Paris. And when some of the King's Privy-Counsellors appeared at that Convention, they were commanded to leave the Assembly; and it was openly declared, that the Deputies of the Publick Council wou'd meet no more, if those Privy-Counsellors shou'd hereafter presume to approach that Sanctuary of the Kingdom. Which Instance is recorded in the Great Chronicle writ in French, Vol. 2. sub Rege Johanne, fol. 169. Neither has there ever yet been any Age wherein this plain Distinction between a King and a Kingdom, has not been observed. The King of the Lacedemonians (as Xenophon assures us) and the Ephori, renewed every Month a mutual Oath between each other; the King swore that he wou'd govern according to the written Laws; and the Ephori swore that they wou'd preserve the Royal Dignity, provided he kept his Oath. Cicero, in one of his Epistles to Brutus, writes: "Thou knowest that I was always of Opinion, that our Commonwealth ought not only to be deliver'd from a King, but even from Kingship, Scis mihi semper placuisse non Rege folum, sed Regno liberari rempublicam."--Also in his Third Book de Legibus--"But because a Regal State in our Commonwealth, once indeed approved of, was abolish'd, not so much upon the Account of the Faults of a Kingly Government, as of the Kings who governed; it may seem that only the Name of a King was then abolish'd, &c."

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CHAP. XVI.

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

It has been already shewn, that the Kingdom of Francogallia continued in Three Families only, during One Thousand Two Hundred Years. Whereof the first was called the Merovingian Family. The second, the Carlovingian, from the Names of their Founders or Beginners. For altho' (as we have often told you) the Succession to the Kingdom was not conferred as Hereditary Right, but according to the Appointment of the General Council; yet the Franks were so far willing to retain the Custom of their Progenitors the Germans, (who as Tacitus tells us, chuse their Kings for their Nobility, and their Generals for their Valour) that for the most Part they elected such Kings as were of the Blood Royal, and had been educated in a Regal Manner, whether they were the Children, or some other Degree of Kindred to the Royal Family.

But in the Year 987, after the Death of Lewis the Fifth, who was the 31st King of Francogallia, and the 12th of the Carlovingian Line, there hapned a Migration or Translation of the Royal Scepter, and a Change of the Kingdom. For when there remained no Person alive of the former Family but Charles Duke of Lorrain, Uncle to the deceased King, to whom the Succession to the Kingdom, by ancient Custom seemed to be due; there arose up one Hugh Capet, Nephew to Hauvida, Sister to the Emperor Otho the First, and Son to Hugh Earl of Paris; a Man of great Reputation for Valour, who alledged, that he being present upon the Place, and having deserved extraordinary well of his Country, ought to be preferred to a Stranger, who was absent. For there having hapned some Controversies between the Empire of Germany, and the Kingdom of France; Charles upon Occasion had shewn himself partial for the Empire against France, and upon that Score had lost the Affections of most of the French. Whereupon Charles having raised an Army, made an Irruption into France, and took several Cities by Composition. Capet relying on the Friendship and Favour of the Francogallican Nobles, got together what Forces he cou'd, and went to meet him at Laon, a Town in the Borders of Champagne; and not long after a 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 raise Men in Order to renew the War. In the mean Time Charles having dismiss'd his Army, kept himself quiet in the Town of Laon with his Wife; but in the Year following he was on a sudden surrounded by Capet, who besieged the Town with a great Army.

There was in the Place one Anselmus, Bishop of the City. Capet found Means to corrupt this Man by great Gifts and Promises, and to induce him to betray both the Town and the King into his Hands; which was accordingly done. And thus having obtained both the City and the Victory, he sent Charles and his Wife Prisoners to Orleans, where he set strict Guards over them. The King having been two Years in Prison, had two Sons born to him there, Lewis and Charles; but not long after they all died. So that Capet being now Master of the whole Kingdom of France without Dispute or Trouble, associated his Son Robert with him in the Throne, and took care to get him declared his Successor. Thus the Dignity and Memory of the Carlovingian Family came to an End, the 237th Year after the first Beginning of their Reign. And this History is recorded by Sigebert in Chron. Ann. 987. as well as the Appendix, lib. 5. cap. 45.

We must not omit making Mention of the cunning Device made use of by Hugh Capet, for establishing himself in his new Dominion: For whereas all the Magistracies and Honours of the Kingdom, such as Dukedoms, Earldoms, &c. had been hitherto from ancient Times conferr'd upon select and deserving Persons in the General Conventions of the People, and were held only during good behaviour; whereof (as the Lawyers express it) they were but Beneficiaries; Hugh Capet, in order to secure to himself the Affections of the Great Men, was the first that made those Honours perpetual, which formerly were but temporary; and ordained, that such as obtained them shou'd have a hereditary Right in them, and might leave them to their Children and Posterity in like Manner as their other Estates. Of this, see Franciscus Conanus the Civilian, Comment. 2. Cap. 9. By which notorious fact, 'tis plain, that a great Branch of the Publick Council's Authority was torn away; which however (to any Man who seriously considers the Circumstances of those Times) seems impossible to have been affected by him alone, without the Consent of that Great Council it self.

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CHAP. XVII.

Of the uninterrupted Authority of the Publick Council during the Capevingian Race.

We may learn, out of Froissard, Monstrellet, Gaguinus, Commines, Gillius, and all the other Historians who have written concerning these Times, that the Authority of the Publick Council was little or nothing less in the Time of the Capevingian Family than it had been during the two former Races. But because it would be too troublesome, and almost an infinite Labour to quote every Instance of this Nature, we shall only chose some few of the most remarkable Examples out of a vast Number which we might produce.

And the first shall be, what hapned in the Year 1328. When Charles the Fair dying without Issue Male, and leaving a Posthumous Daughter behind him; Edward King of England, and Son to Isabella, Sister of Charles, claimed the Kingdom of France as belonging to him of Right. Now there could be no Trial of greater Importance, nor more illustrious, brought before the Publick Council, than a Controversy of this Kind. And because it was decided there, and both Kings did submit themselves to the Judgment and Determination of the Council, 'tis an irrefragable Argument, that the Authority of the Council was greater than that of both Kings. This Fact is recorded not only by all our own Historians, but by Polydore Virgil an English Writer, Histor. lib 19. Moreover, that great Lawyer Paponius, Arrestorum, lib. 4. cap. I. has left it on Record, (grounded, no doubt, upon sufficient Authorities,) "That both Kings were present at that Council, when the Matter was almost brought to an open Rupture; by the Advice of the 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 Custody of the Queen, then great with Child, shou'd be given to Valois; to whom also the Kingdom was adjudged and decreed in Case she brought forth a Daughter."--Which History Froissard, Vol. I. Cap. 22. Paponius Arrest. lib. 4. cap. I. Art. 2. and Gaguinus in Philippo Valesio, have published.

The Year 1356, furnishes us with another Example; at which Time King John was defeated by the English at Poictiers; taken Prisoner, and carried into England.--"After so great a Calamity, the only Hopes left were in the Authority of the Great Council; therefore immediately a Parliament was summon'd to meet at Paris. And altho' King John's Three Sons, Charles, Lewis and John, were at Hand, the eldest of which was of competent Age to govern; yet other Men were chosen, to wit, twelve approved Persons out of each Order of the States, to whom the Management of the Kingdom's Affairs was intrusted; and there it was decreed, that an Embassy shou'd be sent into England to treat of Peace with the English." Froissard, Vol. I. cap. 170. Joannes Buchettus, lib. 4. fol. 118. Nich. Gillius in Chron. Regis Joannis, are our Authors.

A third Instance we have Anno 1375, when the last Will and Testament of Charles the Fifth, Surnamed the Wise, was produced: By which Will he had appointed his Wife's Brother, Philip Duke of Bourbon, to be Guardian to his Sons, and Lewis Duke of Anjou his own Brother, to be Administrator of the Kingdom till such Time as his Son Charles shou'd come of Age. But notwithstanding this, a Great Council was held at Paris, wherein (after declaring the Testament to be void and null) it was decreed, that the Administration of the Kingdom shou'd be committed to Lewis, the Boy's Uncle: "But upon this Condition, that he should be ruled and governed in that Administration, by the Advice of certain Persons named and approv'd by the Council." The Education and Tutelage of the Child was left to Bourbon; and at the same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd as soon as he shou'd be full 14 Years old, and receive the Homage and Oath of Fidelity from his Subjects.--Froissard, Vol. 2. cap. 60. Buchett, lib. 4. fol. 124. Chro. Brit. Cap.

A 4th Example we have in the Year 1392; at which Time the same Charles the Sixth was taken with a sudden Distraction or Madness, and was convey'd first to Mans, and afterwards to Paris; and there a General Council was held, wherein it was decreed by the Authority of the States, that the Administration of the Kingdom shou'd be committed to the Dukes of Aquitain and Burgundy.--Froissard, Vol. 4. cap. 44. is our Author.

5. Neither must we omit what Paponius (Arrest. lib. 5. tit. 10. Art. 4.) testifies to have been declared by the Parliament at Paris, within the Compass of almost our own Memories, when Francis the First had a Mind to alienate Part of his Dominions; viz. "That all Alienations of that Kind made by any of his Predecessors, were void and null in themselves; upon this very Account, that they were done without the Authority of the Great Council, and of the Three Estates," as he calls them.

A 6th Example we have in the Year 1426, when Philip Duke of Burgundy, and Hanfred [Dux Glocestriae] were at mortal Enmity with each other, to the great Detriment of the Commonwealth and it was at last agreed between them to determine their Quarrel by single Combat: For in that Contention the Great Council interposed its Authority, and decreed that both shou'd lay down their Arms, and submit to have their Controversies judicially tryed before the Council, rather than disputed with the Sword. Which History is related at large by Paradinus, in Chron. Burgund. lib. 3. Anno 1426.

A 7th Example happned in the Year 1484, when Lewis the Eleventh dying, and leaving his Son Charles, a Boy of 13 Years old; a Council was held at Tours, wherein it was decreed, "The Education of the Boy shou'd be committed to Anne the King's Sister;" but the Administration of the Kingdom shou'd be intrusted to certain Persons Elected and approved by that Council; notwithstanding Lewis, Duke of Orleans, the next Kinsman by the Father's Side, demanded it as his Right. A Testimony of which Transaction is extant in the Acts of that Council, printed at Paris; and in Joannes Buchettus 4th Book, folio 167.

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CHAP. XVIII.

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

The Power and Authority of the Council and the Estates assembled, appears by the foregoing Testimonies to have been very great, and indeed (as it were) Sacred. But because we are now giving Examples of this Power, we will not omit a signal Instance of the Authority of this Council, which interposed it self in the Memory of our Fathers against Lewis the Eleventh, who was reputed more crafty and cunning than any of the Kings that had ever been before him.

In the Year 1460, when this Lewis governed the Kingdom in such a Manner, that in many Cases the Duty of a good Prince, and a Lover of his Country, was wanting; the People began to desire the Assistance and Authority of the Great Council, that some Care might therein be taken of the Publick Welfare; and because it was suspected the King wou'd not submit himself to it, the Great Men of the Kingdom (stirred up by the daily Complaints and Solicitations of the Commons,) "resolv'd to gather Forces, and raise an Army; that (as Philip de Comines expresses it) they might provide for the Publick Good, and expose the King's wicked Administration of the Commonwealth." They therefore agreed to be ready prepared with a good Army, that in Case the King should prove refractory, and refuse to follow good Advice, they might compel him by Force: For which Reason that War was said to have been undertaken for the Publick Good, and was commonly called the War du bien public. "Comines, Gillius, and Lamarc, have recorded the Names of those Great Men who were the principal Leaders, the Duke of Bourbon, the Duke of Berry, the King's Brother; the Counts of Dunois, Nevers, Armagnac, and Albret, and the Duke of Charalois, who was the Person most concern'd in what related to the Government. Whereever they marched, they caused it to be proclaimed, that their Undertakings were only design'd for the Publick Good; they published Freedom from Taxes and Tributes, and sent Ambassadors with Letters to the Parliament at Paris, to the Ecclesiasticks, and to the Rector of the University, desiring them not to suspect or imagine these Forces were rais'd for the King's Destruction, but only to reclaim him, and make him perform the Office of a Good King, as the present Necessities of the Publick required."--These are Gillius's Words, lib. 4. fol. 152.

The Annals intituled the Chronicles of Lewis the Eleventh, printed at Paris by Galliottus fol. 27. have these Words.----"The first and chiefest of their Demands was, That a Convention of the Three States should be held; because in all Ages it had been found to be the only proper Remedy for all Evils, and to have always had a Force sufficient to heal such sort of Mischiefs."--Again, Pag. 28. "An Assembly was called on Purpose to hear the Ambassadors of the Great Men, and met on the 24th Day in the Town-House at Paris; at which were present some Chosen Men of the University, of the Parliament, and of the Magistrates. The Answer given the Ambassadors, was, That what they demanded was most just; and accordingly a Council of the Three Estates was summon'd."--These are the Words of that Historian.--From whence the Old Saying of Marcus Antoninus appears to be most true.--"Etsi omnes molestae semper seditiones sunt, justas tamen esse nonnullas, & prope necessarias: eas vero justissimas maximeque necessarias videri, cum populus Tyranni saevitia oppressus auxilium a legitimo Civium conventu implorat. Altho' all Sorts of Seditions are troublesome, yet some of them are just, and in a Manner necessary; but those are extraordinary just and necessary, which are occasion'd when the People oppress'd by the Cruelty of a Tyrant, implores the Assistance of a Lawful Convention."

Gaguinus, in his Life of Lewis the Eleventh, pag. 265. gives us Charles, the Duke of Burgundy's Answer to that King's Ambassadors. "Charles (says he) heard the Ambassadors 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 Ambassadors had by Special Messengers communicated to King Lewis, he hoping to gain his Point by Delays, summon'd the Great Council to meet at Tours, on the Kalends of April 1467; and at the appointed Time for the Convention, they came from all Parts of the Kingdom, &c."

The same Passage, and in almost the same Words, is recorded in the Book of Annals, fol. 64. and in the Great Chronicle, Vol. 4. fol. 242. where these very remarkable Words are further added.--"In that Council it was appointed, that certain approved Men shou'd be chosen out of each of the Estates, who shou'd establish the Commonwealth, and take care that Right and Justice shou'd be done." But Gillius in the Place above-mention'd says: "After the Battel at Montlebery, many well-affected and prudent Men were elected to be Guardians of the Publick Good, according as it had been agreed upon between the King and the Nobles; among whom the Count of Dunois was the Principal, as having been the chief Promoter of that Rising."--For it had grown into Custom after the Wealth of the Ecclesiasticks was excessively increas'd, to divide the People into Three Orders or Classes, whereof the Ecclesiasticks made one; and when those Curators of the Commonwealth were chosen, Twelve Persons were taken out of each Order. So that it was enacted in that Council, that 36 Guardians of the Republick shou'd be created, with Power, by common Consent, to redress all the Abuses of the Publick. Concerning which Thing, Monstrellettus, Vol. 4. fol. 150 writes thus: "In the first Place (says he) it was decreed, that for the re-establishing the State of the Commonwealth, and the easing the People of the Burthen of their Taxes, and to compensate their Losses, 36 Men shou'd be elected, who shou'd have Regal Authority; viz. 12 out of the Clergy, 12 out of the Knights, and 12 skilful in the Laws of the Land; to whom Power should be given of inspecting and enquiring into the Grievances and Mischiefs under which the Kingdom laboured, and to apply Remedies to all: And the King gave his Promise in Verbo Regis, That whatsoever those 36 Men shou'd appoint to be done, he wou'd ratify and confirm."

Oliver de la Marck, a Flemming, in his History, cap. 35. writes the same Thing, and mentions the same Number of 36 Guardians or Curators of the Commonwealth. And he farther adds; "That because the King did not stand to his Promise, but violated his Faith, and the Solemn Oath which he had publickly sworn, a most cruel War was kindled in Francogallia, which set it all in a Flame, and continued near 13 Years. Thus that King's Perjury was punish'd both by his own Infamy, and the People's Destruction."