Also in the same Book, cap. 42. speaking of Charles the Simple: "Whose Youth (says he) the principal Men of France judging (as it was indeed) very unfit for the exercise of the Government of the Realm, they held a General Council touching these weighty Affairs; and the great Men of the Franks, Burgundians, and Aquitanians being assembled, elected Odo to be Charles's Tutor and Governor of the Kingdom."
Now concerning the Power of making Laws and Ordinances, that single Passage in Gaguinus's Life of St. Lewis is a sufficient Proof. "As soon (says he) as King Lewis arrived at Paris, he called a General Convention, and therein reformed the Commonwealth; making excellent Statutes relating to the Judges, and against the Venality of Offices, &c."
Concerning the conferring the great Honours and Employments upon Persons of approved Worth, Aimoinus lib. 5. cap. 36. gives us this Instance; speaking of Charles the Bald, he tells us, "That whereas he began (before his Inauguration) to distribute the Governments and great Offices of the Realm according to his own liking; the Great Men summoned a General Council, and sent Ambassadors to the King; neither would they admit him to be crowned till he had made use of their Advice and Authority in disposing of those great Employments. The Nobles (says he) being very much displeas'd, because the King conferr'd Honours without their Consent; for that Reason, agreed together against him, and summoned a general Convention in the Town of Witmar, from whence they sent Ambassadors to Lewis, as Lewis likewise sent his Ambassadors to them, &c."
Also the Appendix to Gregory of Tours, lib. 11. cap. 54. "That same Year (says he) King Clotharius, cum Proceribus & Leudibus, i. e. with the Nobility and free Subjects of Burgundy, met at Troyes, and when he earnestly solicited them to advance another Person to the same Place and Degree of Honour which Warnhar (lately deceased) had enjoy'd, they unanimously refused to do it; and said, they would by no Means have any Mayor of the Palace, earnestly desiring the King to excuse them:" And thus they gained their Point with the King.
To this Head may be referr'd all the Contentions of such Princes, as were foreseen might be dangerous to the Commonwealth. These were debated in the General Council. For Aimoinus, lib. 4 cap. I. where he speaks of Clotharius, Son of Chilperic, from whom Queen Brunechild demanded the Kingdom of Austratia, says thus:—"Clotharius made answer, that she ought to call a Convention of the Nobles of the Franks, and there debate (by common Consent) an Affair relating to the Community. That as for him, he would submit to their judgment in all Things, and would not obstruct in any Measure whatever they should command." The same Thing is recorded in the Appendix to Gregory of Tours, lib. II. "Clotharius (says he) made Answer to her, that he would refer the Difference between them, to the Determination of the Select Franks, and promis'd to fulfil whatsoever they should ordain." Also Aimoinus lib. 5. cap. 12. where he speaks of King Lewis the Pious, who was grievously tormented with the Contentions of his Sons, says thus,—"When Autumn approached, they whose Sentiments differ'd from the Emperor's, were for having the General Convention held in some Town of France.—Item cap.13. He appointed the General Convention of his People to be held at Thionville. And after a little Time, summon'd his People to meet on the Feast of St. Martin, and used all his Endeavours to recal his Son Pipin who had absented himself; but he refused to come, &c." Gaguinus making Mention of this Same Passage, says; "When the Conspirators found out they should not be able to dethrone the King, without the Consent of the Nobility in Convention, they labour'd by all Means to have the Great Council held within the Limits of France. But Lewis knowing for certain that those Franks were gained by his Enemies against him, refused it, and summon'd the Convention to meet at Mentz, and ordered that none should be admitted Armed to the Council. But his Sons, (who had conspired against their Father) lest they should want the Authority of a Publick Convention, assembled a Council at Compiegne, consisting of the Bishops and Nobility of the Kingdom. And Lotharius taking his Father out of Custody, brought him to Compiegne."
Again, Aimoinus, lib. 5. cap. 38. where he speaks of Lewis the Stammerer, who held a Council at Marsua, wherein he treated a Peace with his Cousin, says: "In that Placitum, or Parliament, these Articles which follow were agreed upon between them, by and with the Consent of the faithful Subjects of the Realm."
To proceed, We find further, that it was the Custom (when any Prince, or Person of Extraordinary Quality, was accused of any Crime) to summon him to appear before the Great Council, and there he was to stand his Trial. Thus in the Reign of King Clotharius, when Queen Brunechild stood accused, and was found guilty of many capital Crimes, the King made a Speech to the Estates of the Great Council of Francogallia, in these Words; which are recorded by Aimoinus, lib. 4. cap 1. "It belongs to you, my most dear Fellow-Soldiers, and high Nobility of France, to appoint what Kind of Punishment ought to be inflicted on a Person guilty of such enormous Crimes, &c." And Ado Ætat 6. sub Anno 583. tells us, "The Franks passing Sentence upon her in the King's Presence, condemn'd her to be torn in Pieces by wild Horses."
Now concerning the dividing of the Royal Patrimon, and the Appanages, we have the same Person's Testimony, lib. 5. cap. 94. where speaking of Charlemagn, he has these Words—"These Matters being ended, the King held a Convention of the Nobility and Gentry of the Franks, for the making and maintaining a firm Peace among his Sons, and dividing the Kingdom into Three Parts, that every one of them might know what Part of it he ought to defend and govern, in Case they survived him."—Also in that Place where he speaks of the Partition made among the Children of Lewis, lib. 5. cap. 40. he says thus.—"They went to Amiens, and there they divided their Father's Kingdom among them, according to the Advice and Direction of their faithful Subjects." Further, cap. 41. where he writes of Carloman, who held his Great Council then at Worms.—"To this Placitum (says he) came Hugo, and preferred his Petition for that Part of the Kingdom, which his Brother Lewis (in Locarium acceperat) had rented of him, or received in Pawn."
We may further observe, from very many Instances, that whenever the King had any expensive Design in Hand, such as the Building of Churches or Monasteries, he took first the Advice of the Council of the Estates. For Aimoinus, lib. 4. cap. 41. where he speaks of Clodoveus the Second, tells us, that sitting on his Throne, he began his Oration to the General Council in these Words.—"Quamquam Franciginæ cives, &c. Altho' (says he) the Care I ought to take of my Kingdom, obliges me to take your Advice in all Matters relating to the Publick, &c."
And thus much may suffice on this Point. From all which we think it appears plainly, that the whole Power of the Administration of the Kingdom was lodg'd in the Publick Council, which they called Placitum; because according to the Idiom of the Latin Tongue, that is properly termed Placitum, which after having been proposed and debated in a Council of many Persons, is at last agreed to, and resolved upon by them. And therefore Cicero, with others of the Ancients, were wont to call such-like Determinations, Placita Philosophorum.