Franco-Gallia:

OR, AN

ACCOUNT

OF THE

Ancient Free State

OF

FRANCE,

AND

Most other Parts of EUROPE,

before the Loss of their Liberties.

Written Originally in Latin by the Famous Civilian

FRANCIS HOTOMAN,

In the Year 1574.

And Translated into English by the Author of the

Account of DENMARK.

The SECOND EDITION, with Additions, and

a New Preface by the Translator.

LONDON:

Printed for Edward Valentine, at the Queen's Head

against St. Dunstan's Church, Fleetstreet, 1721.

Franco-Gallia

Translated by

The Author of the Account

of DENMARK.

The BOOKSELLER

TO THE

R E A D E R.

The following Translation of the Famous Hotoman's Franco-Gallia was written in the Year 1705, and first publish'd in the Year 1711. The Author was then at a great Distance from London, and the Publisher of his Work, for Reasons needless to repeat, did not think fit to print the Prefatory Discourse sent along with the Original. But this Piece being seasonable at all Times for the Perusal of Englishmen and more particularly at this Time, I wou'd no longer keep back from the Publick, what I more than conjecture will be acceptable to all true Lovers of their Country.

THE

TRANSLATOR's

PREFACE.

Many Books and Papers have been publish'd since the late Revolution, tending to justify the Proceedings of the People of England at that happy juncture; by setting in a true Light our just Rights and Liberties, together with the solid Foundations of our Constitution: Which, in truth, is not ours only, but that of almost all Europe besides; so wisely restor'd and establish'd (if not introduced) by the Goths and Franks, whose Descendants we are.

These Books have as constantly had some things, called Answers, written to them, by Persons of different Sentiments; who certainly either never seriously consider'd, that the were thereby endeavouring to destroy their own Happiness, and overthrow her Majesty's Title to the Crown: or (if they knew what they did) presumed upon the Lenity of that Government they decry'd; which (were there no better Reason) ought to have recommended it to their Approbation, since it could patiently bear with such, as were doing all they could to undermine it.

Not to mention the Railing, Virulency, or personal false Reflections in many of those Answers, (which were always the Signs of a weak Cause, or a feeble Champion) some of them asserted the Divine Right of an Hereditary Monarch, and the Impiety of Resistance upon any Terms whatever, notwithstanding any Authorities to the contrary.

Others (and those the more judicious) deny'd positively, that sufficient Authorities could be produced to prove, that a free People have a just Power to defend themselves, by opposing their Prince, who endeavours to oppress and enslave them: And alledged, that whatever was said or done tending that way, proceeded from a Spirit of Rebellion, and Antimonarchical Principles.

To confute, or convince this last Sort of Arguers (the first not being worthy to have Notice taken of them) I set about translating the Franco-Gallia of that most Learned and Judicious Civilian, Francis Hotoman; a Grave, Sincere and Unexceptionable Author, even in the Opinion of his Adversaries. This Book gives an Account of the Ancient Free State of above Three Parts in Four of Europe; and has of a long time appeared to me so convincing and instructive in those important Points he handles, that I could not be idle whilst it remain'd unknown, in a manner, to Englishmen: who, of all People living, have the greatest Reason and Need to be thoroughly instructed in what it contains; as having, on the one hand, the most to lose, and on the other, the least Sense of their Right, to that, which hitherto they seem (at least in a great measure) to have preserv'd.

It will be obvious to every Reader, that I have taken no great Pains to write elegantly. What I endeavour at, is as plain a Stile as possible, which on this Occasion I take to be the best: For since the Instruction of Mankind ought to be the principal Drift of all Writers (of History especially); whoever writes to the Capacity of most Readers, in my Opinion most fully answers the End.

I am not ignorant, how tiresome and difficult a Piece of Work it is to translate, nor how little valued in the World. My Experience has convinced me, that 'tis more troublesome and teazing than to write and invent at once. The Idiom of the Language out of which one translates, runs so in the Head, that 'tis next to impossible not to fall frequently into it. And the more bald and incorrect the Stile of the Original is, the more shall that of the Translation be so too. Many of the Quotations in this Book are drawn from Priests, Monks, Friars, and Civil Lawyers, who minded more, in those barbarous Ages, the Substance than the Stile of their Writings: And I hope those Considerations may atone for several Faults, which might be found in my Share of this Work.

But I desire not to be misunderstood, as if (whilst I am craving Favour for my self) I were making any Apology for such a Number of mercenary Scribblers, Animadverters, and Translators, as pester us in this Age; who generally spoil the good Books which fall into their Hands, and hinder others from obliging the Publick, who otherwise would do it to greater Advantage.

I take this Author to be one of those few, that has had the good Luck to escape them; and I make use of this Occasion to declare, that the chief Motive which induces me to send abroad this small Treatise, is a sincere desire of instructing the only Possessors of true Liberty in the World, what Right and Title that have to that Liberty; of what a great Value it is; what Misery follows the Loss of it; how easily, if Care be taken in time, it may be preserv'd: And if this either opens the Eyes, or confirms the honourable Resolutions of any of my worthy Countrymen, I have gained a glorious End; and done that in my Study, which I shou'd have promoted any other way, had I been called to it. I hope to die with the Comfort of believing, that Old England will continue to be a free Country, and know itself to be such; that my Friends, Relations and Children, with their Posterity, will inherit their Share of this inestimable Blessing, and that I have contributed my Part to it.

But there is one very great Discouragement under which both I, and all other Writers and Translators of Books tending to the acquiring or preserving the publick Liberty, do lie; and that is, the heavy Calumny thrown upon us, that we are all Commonwealth's-Men: Which (in the ordinary Meaning of the Word) amounts to Haters of Kingly Government; now without broad, malicious Insinuations, that we are no great Friends of the present.

Indeed were the Laity of our Nation (as too many of our Clergy unhappily are) to be guided by the Sense of one of our Universities, solemnly and publickly declared by the burning of Twenty seven Propositions (some of them deserving that Censure, but others being the very Foundation of all our Civil Rights;) I, and many like me, would appear to be very much in the wrong. But since the Revolution in Eighty-eight, that we stand upon another and a better Bottom, tho no other than our own old one, 'tis time that our Notions should be suited to our Constitution. And truly, as Matters stand, I have often wondred, either how so many of our Gentlemen, educated under such Prejudices, shou'd retain any Sense at all of Liberty, for the hardest Lesson is to unlearn; [Footnote: St. Chrysostom.] or how an Education so diametrically opposite to our Bill of Rights, shou'd be so long encouraged.

Methinks a Civil Test might be contrived, and prove very convenient to distinguish those that own the Revolution Principles, from such as Tooth and Nail oppose them; and at the same time do fatally propagate Doctrines, which lay too heavy a Load upon Christianity it self, and make us prove our own Executioners.

The Names of Whig and Tory will, I am afraid, last as long among us, as those of Guelf and Ghibelline did in Italy. I am sorry for it: but to some they become necessary for Distinction Sake; not so much for the Principles formerly adapted to each Name, as for particular and worse Reasons. For there has been such chopping and changing both of Names and Principles, that we scarce know who is who. I think it therefore necessary, in order to appear in my own Colours, to make a publick Profession of my Political Faith; not doubting but it may agree in several Particulars with that of many worthy Persons, who are as undeservedly aspers'd as I am.

My Notion of a Whig, I mean of a real Whig (for the Nominal are worse than any Sort of Men) is, That he is one who is exactly for keeping up to the Strictness of the true old Gothick Constitution, under the Three Estates of King (or Queen) Lords and Commons; the Legislature being seated in all Three together, the Executive entrusted with the first, but accountable to the whole Body of the People, in Case of Male Administration.

A true Whig is of Opinion, that the Executive Power has as just a Title to the Allegiance and Obedience of the Subject, according to the Rules of known Laws enacted by the Legislative, as the Subject has to Protection, Liberty and Property: And so on the contrary.

A true Whig is not afraid of the Name of a Commonwealthsman, because so many foolish People, who know not what it means, run it down: The Anarchy and Confusion which these Nations fell into near Sixty Years ago, and which was falsly called a Commonwealth, frightning them out of the true Construction of the Word. But Queen Elizabeth, and many other of our best Princes, were not scrupulous of calling our Government a Commonwealth, even in their solemn Speeches to Parliament. And indeed if it be not one, I cannot tell by what Name properly to call it: For where in the very Frame of the Constitution, the Good of the Whole is taken care of by the Whole (as 'tis in our Case) the having a King or Queen at the Head of it, alters not the Case; and the softning of it by calling it a Limited Monarchy, seems a Kind of Contradiction in Terms, invented to please some weak and doubting Persons.

And because some of our Princes in this last Age, did their utmost Endeavour to destroy this Union and Harmony of the Three Estates, and to be arbitrary or independent, they ought to be looked upon as the Aggressors upon our Constitution.

This drove the other Two Estates (for the Sake of the publick Preservation) into the fatal Necessity of providing for themselves; and when once the Wheel was set a running, 'twas not in the Power of Man to stop it just where it ought to have stopp'd. This is so ordinary in all violent Motions, whether mechanick or political, that no body can wonder at it.

But no wise Men approved of the ill Effects of those violent Motions either way, cou'd they have help'd them. Yet it must be owned they have (as often as used, thro an extraordinary Piece of good Fortune) brought us back to our old Constitution again, which else had been lost; for there are numberless Instances in History of a Downfal from a State of Liberty to a Tyranny, but very few of a Recovery of Liberty from Tyranny, if this last have had any Length of Time to fix it self and take Root.

Let all such, who either thro Interest or Ignorance are Adorers of absolute Monarchs, say what they please; an English Whig can never be so unjust to his Country, and to right Reason, as not to be of Opinion, that in all Civil Commotions, which Side soever is the wrongful Aggressor, is accountable for all the evil Consequences: And thro the Course of his reading (tho my Lord Clarendon's Books be thrown into the Heap) he finds it very difficult to observe, that ever the People of England took up Arms against their Prince, but when constrain'd to it by a necessary Care of their Liberties and true Constitution.

'Tis certainly as much a Treason and Rebellion against this Constitution, and the known Laws, in a Prince to endeavor to break thro them, as 'tis in the People to rise against him, whilst he keeps within their Bounds, and does his Duty. Our Constitution is a Government of Laws, not of Persons. Allegiance and Protection are Obligations that cannot subsist separately; when one fails, the other falls of Course. The true Etymology of the word Loyalty (which has been so strangely wrested in the late Reigns) is an entire Obedience to the Prince in all his Commands according to Law; that is, to the Laws themselves, to which we owe both an active and passive Obedience.

By the old and true Maxim, that the King can do no Wrong, nobody is so foolish as to conclude, that he has not Strength to murder, to offer Violence to Women, or Power enough to dispossess a Man wrongfully of his Estate, or that whatever he does (how wicked soever) is just: but the Meaning is, he has no lawful Power to do such Things; and our Constitution considers no Power as irresistible, but what is lawful.

And since Religion is become a great and universal Concern, and drawn into our Government, as it affects every single Man's Conscience; tho my private Opinion, they ought not to be mingled, nor to have any thing to do with each other; (I do not speak of our Church Polity, which is a Part of our State, and dependent upon it) some account must be given of that Matter.

Whiggism is not circumscrib'd and confin'd to any one or two of the Religions now profess'd in the World, but diffuses it self among all. We have known Jews, Turks, nay, some Papists, (which I own to be a great Rarity) very great Lovers of the Constitution and Liberty; and were there rational Grounds to expect, that any Numbers of them cou'd be so, I shou'd be against using Severities and Distinctions upon Account of Religion. For a Papist is not dangerous, nor ought to be ill us'd by any body, because he prays to Saints, believes Purgatory, or the real Presence in the Eucharist, and pays Divine Worship to an Image or Picture (which are the common Topicks of our Writers of Controversy against the Papists;) but because Popery sets up a foreign Jurisdiction paramount to our Laws. So that a real Papist can neither be a true Governor of a Protestant Country, nor a true Subject, and besides, is the most Priest-Ridden Creature in the World: and (when uppermost) can bear with no body that differs from him in Opinion; little considering, that whosoever is against Liberty of Mind, is, in effect, against Liberty of Body too. And therefore all Penal Acts of Parliament for Opinions purely religious, which have no Influence on the State, are so many Encroachments upon Liberty, whilst those which restrain Vice and Injustice are against Licentiousness.

I profess my self to have always been a Member of the Church of England and am for supporting it in all its Honours, Privileges and Revenues: but as a Christian and a Whig, I must have Charity for those that differ from me in religious Opinions, whether Pagans, Turks, Jews, Papists, Quakers, Socinians, Presbyterians, or others. I look upon Bigotry to have always been the very Bane of human Society, and the Offspring of Interest and Ignorance, which has occasion'd most of the great Mischiefs that have afflicted Mankind. We ought no more to expect to be all of one Opinion, as to the Worship of the Deity, than to be all of one Colour or Stature. To stretch or narrow any Man's Conscience to the Standard of our own, is no less a Piece of Cruelty than that of Procrustes the Tyrant of Attica, who used to fit his Guests to the Length of his own Iron Bedsted, either by cutting them shorter, or racking them longer. What just Reason can I have to be angry with, to endeavour to curb the natural Liberty, or to retrench the Civil Advantages of an honest Man (who follows the golden Rule, of doing to others, as he wou'd have others do to him, and is willing and able to serve the Publick) only because he thinks his Way to Heaven surer or shorter than mine? No body can tell which of us is mistaken, till the Day of Judgment, or whether any of us be so (for there may be different Ways to the same End, and I am not for circumscribing God Almighty's Mercy:) This I am sure of, one shall meet with the same Positiveness in Opinion, in some of the Priests of all these Sects; The same Want of Charity, engrossing Heaven by way of Monopoly to their own Corporation, and managing it by a joint Stock, exclusive of all others (as pernicious in Divinity as in trade, and perhaps more) The same Pretences to Miracles, Martyrs, Inspirations, Merits, Mortifications, Revelations, Austerity, Antiquity, &c. (as all Persons conversant with History, or that travel, know to be true) and this cui bono? I think it the Honour of the Reformed Part of the Christian Profession, and the Church of England in particular, that it pretends to fewer of these unusual and extraordinary Things, than any other Religion we know of in the World; being convinced, that these are not the distinguishing Marks of the Truth of any Religion (I mean, the assuming obstinate Pretences to them are not;) and it were not amiss, if we farther enlarg'd our Charity, when we can do it with Safety, or Advantage to the State.

Let us but consider, how hard and how impolitick it is to condemn all People, but such as think of the Divinity just as we do. May not the Tables of Persecution be turn'd upon us? A Mahometan in Turky is in the right, and I (if I carry my own Religion thither) am in the Wrong. They will have it so. If the Mahometan comes with me to Christendom, I am in the right, and he in the wrong; and hate each other heartily for differing in Speculations, which ought to have no Influence on Moral Honesty. Nay, the Mahometan is the more charitable of the two, and does not push his Zeal so far; for the Christians have been more cruel and severe in this Point than all the World besides. Surely Reprizals may be made upon us; as Calvin burnt Servetus at Geneva, Queen Mary burnt Cranmer at London. I am sorry I cannot readily find a more exact Parallel. The Sword cuts with both Edges. Why, I pray you, may we not all be Fellow-Citizens of the World? And provided it be not the Principle of one or more Religions to extirpate all others, and to turn Persecutors when they get Power (for such are not to be endured;) I say, why shou'd we offer to hinder any Man from doing with his own Soul what he thinks fitting? Why shou'd we not make use of his Body, Estate, and Understanding, for the publick Good? Let a Man's Life, Substance, and Liberty be under the Protection of the Laws; and I dare answer for him (whilst his Stake is among us) he will never be in a different Interest, nor willing to quit this Protection, or to exchange it for Poverty, Slavery, and Misery.

The thriving of any one single Person by honest Means, is the Thriving of the Commonwealth wherein he resides. And in what Place soever of the World such Encouragement is given, as that in it one may securely and peaceably enjoy Property and Liberty both of Mind and Body; 'tis impossible but that Place must flourish in Riches and in People, which are the truest Riches of any Country.

But as, on the one hand, a true Whig thinks that all Opinions purely spiritual and notional ought to be indulg'd; so on the other, he is for severely punishing all Immoralities, Breach of Laws, Violence and Injustice. A Minister's Tythes are as much his Right, as any Layman's Estate can be his; and no Pretence of Religion or Conscience can warrant the substracting of them, whilst the Law is in Being which makes them payable: For a Whig is far from the Opinion, that they are due by any other Title. It wou'd make a Man's Ears tingle, to hear the Divine Right insisted upon for any human Institutions; and to find God Almighty brought in as a Principal there, where there is no Necessity for it. To affirm, that Monarchy, Episcopacy, Synods, Tythes, the Hereditary Succession to the Crown, &c. are Jure Divino; is to cram them down a Man's Throat; and tell him in plain Terms, that he must submit to any of them under all Inconveniencies, whether the Laws of his Country are for it or against it. Every Whig owns Submission to Government to be an Ordinance of God. Submit your selves to every Ordinance of Man, for the Lord's Sake, says the Apostle. Where (by the way) pray take notice, he calls them Ordinances of Man; and gives you the true Notion, how far any thing can be said to be Jure Divino: which is far short of what your high-flown Assertors of the Jus Divinum wou'd carry it, and proves as strongly for a Republican Government as a Monarchical; tho' in truth it affects neither, where the very Ends of Government are destroyed.

A right Whig looks upon frequent Parliaments as such a fundamental Part of the Constitution, that even no Parliament can part with this Right. High Whiggism is for Annual Parliaments, and Low Whiggism for Triennial, with annual Meetings. I leave it to every Man's Judgment, which of these wou'd be the truest Representative; wou'd soonest ease the House of that Number of Members that have Offices and Employments, or take Pensions from the Court; is least liable to Corruption; wou'd prevent exorbitant Expence, and soonest destroy the pernicious Practice of drinking and bribing for Elections, or is most conformable to ancient Custom. The Law that lately pass'd with so much Struggle for Triennial Parliaments shall content me, till the Legislative shall think fit to make them Annual.

But methinks (and this I write with great Submission and Deference) that (since the passing that Act) it seems inconsistent with the Reason of the thing, and preposterous, for the first Parliament after any Prince's Accession to the Crown, to give the publick Revenue arising by Taxes, for a longer time than that Parliament's own Duration. I cannot see why the Members of the first Parliament shou'd (as the Case now stands) engross to themselves all the Power of giving, as well as all the Merit and Rewards due to such a Gift: and why succeeding Parliaments shou'd not, in their turn, have it in their Power to oblige the Prince, or to streighten him, if they saw Occasion; and pare his Nails, if they were convinced he made ill Use of such a Revenue. I am sure we have had Instances of this Kind; and a wise Body of Senators ought always to provide against the worst that might happen. The Honey-Moon of Government is a dangerous Season; the Rights and Liberties of the People run a greater Risk at that time, thro their own Representatives Compliments and Compliances, than they are ever likely to do during that Reign: and 'tis safer to break this Practice, when we have the Prospect of a good and gracious Prince upon the Throne, than when we have an inflexible Person, who thinks every Offer an Affront, which comes not up to the Height of what his Predecessor had, without considering whether it were well or ill done at first.

The Revenues of our Kings, for many Ages, arose out of their Crown-Lands; Taxes on the Subject were raised only for publick Exigencies. But since we have turn'd the Stream, and been so free of Revenues for Life, arising from Impositions and Taxes, we have given Occasion to our Princes to dispose of their Crown-Lands; and depend for Maintenance of their Families on such a Sort of Income, as is thought unjust and ungodly in most Parts of the World, but in Christendom: for many of the arbitrary Eastern Monarchs think so, and will not eat the Produce of such a Revenue. Now since Matters are brought to this pass, 'tis plain that our Princes must subsist suitable to their high State and Condition, in the best manner we are able to provide for them. And whilst the Calling and Duration of Parliaments was precarious, it might indeed be an Act of Imprudence, tho not of Injustice, for any one Parliament to settle such a Sort of Revenue for Life on the Prince: But at present, when all the World knows the utmost Extent of a Parliament's possible Duration, it seems disagreeable to Reason, and an Encroachment upon the Right of succeeding Parliaments (for the future) for any one Parliament to do that which another cannot undo, or has not Power to do in its turn.

An Old Whig is for chusing such Sort of Representatives to serve in Parliament, as have Estates in the Kingdom; and those not fleeting ones, which may be sent beyond Sea by Bills of Exchange by every Pacquet-Boat, but fix'd and permanent. To which end, every Merchant, Banker, or other money'd Man, who is ambitious of serving his Country as a Senator, shou'd have also a competent, visible Land Estate, as a Pledge to his Electors that he intends to abide by them, and has the same Interest with theirs in the publick Taxes, Gains and Losses. I have heard and weigh'd the Arguments of those who, in Opposition to this, urged the Unfitness of such, whose Lands were engaged in Debts and Mortgages, to serve in Parliament, in comparison with the mony'd Man who had no Land: But those Arguments never convinced me.

No Man can be a sincere Lover of Liberty, that is not for increasing and communicating that Blessing to all People; and therefore the giving or restoring it not only to our Brethren of Scotland and Ireland, but even to France it self (were it in our Power) is one of the principal Articles of Whiggism. The Ease and Advantage which wou'd be gain'd by uniting our own Three Kingdoms upon equal Terms (for upon unequal it wou'd be no Union) is so visible, that if we had not the Example of those Masters of the World, the Romans, before our Eyes, one wou'd wonder that our own Experience (in the Instance of uniting Wales to England) shou'd not convince us, that altho both Sides wou'd incredibly gain by it, yet the rich and opulent Country, to which such an Addition is made, wou'd be the greater Gainer. 'Tis so much more desirable and secure to govern by Love and common Interest, than by Force; to expect Comfort and Assistance, in Times of Danger, from our next Neighbours, than to find them at such a time a heavy Clog upon the Wheels of our Government, and be in dread lest they should take that Occasion to shake off an uneasy Yoak: or to have as much need of entertaining a standing Army against our Brethren, as against our known and inveterate Enemies; that certainly whoever can oppose so publick and apparent Good, must be esteem'd either ignorant to a strange Degree, or to have other Designs in View, which he wou'd willingly have brought to Light.

I look upon her Majesty's asserting the Liberties and Privileges of the Free Cities in Germany, an Action which will shine in History as bright (at least) as her giving away her first Fruits and Tenths: To the Merit of which last, some have assumingly enough ascribed all the Successes she has hitherto been blessed with; as if one Set of Men were the peculiar Care of Providence and all others (even Kings and Princes) were no otherwise fit to be considered by God Almighty, or Posterity, than according to their Kindness to them. But it has been generally represented so, where Priests are the Historians. From the first Kings in the World down to these Days, many Instances might be given of very wicked Princes, who have been extravagantly commended; and many excellent ones, whose Memories lie overwhelmed with Loads of Curses and Calumny, just as they proved Favourers or Discountenancers of High-Church, without regard to their other Virtues or Vices: for High-Church is to be found in all Religions and Sects, from the Pagan down to the Presbyterian; and is equally detrimental in every one of them.

A Genuine Whig is for promoting a general Naturalization, upon the firm Belief, that whoever comes to be incorporated into us, feels his Share of all our Advantages and Disadvantages, and consequently can have no Interest but that of the Publick; to which he will always be a Support to the best of his Power, by his Person, Substance and Advice. And if it be a Truth (which few will make a Doubt of) that we are not one third Part peopled (though we are better so in Proportion than any other Part of Europe, Holland excepted) and that our Stock of Men decreases daily thro our Wars, Plantations, and Sea-Voyages; that the ordinary Course of Propagation (even in Times of continued Peace and Health) cou'd not in many Ages supply us with the Numbers we want; that the Security of Civil and Religious Liberty, and of Property, which thro God's great Mercy is firmly establish'd among us, will invite new Comers as fast as we can entertain them; that most of the rest of the World groans under the Weight of Tyranny, which will cause all that have Substance, and a Sense of Honour and Liberty, to fly to Places of Shelter; which consequently would thoroughly people us with useful and profitable Hands in a few Years. What should hinder us from an Act of General Naturalization? Especially when we consider, that no private Acts of that Kind are refused; but the Expence is so great, that few attempt to procure them, and the Benefit which the Publick receives thereby is inconsiderable.

Experience has shown us the Folly and Falsity of those plausible Insinuations, that such a Naturalization would take the Bread out of Englishmen's Mouths. We are convinced, that the greater Number of Workmen of one Trade there is in any Town, the more does that Town thrive; the greater will be the Demand of the Manufacture, and the Vent to foreign Parts, and the quicker Circulation of the Coin. The Consumption of the Produce both of Land and Industry increases visibly in Towns full of People; nay, the more shall every particular industrious Person thrive in such a Place; tho indeed Drones and Idlers will not find their Account, who wou'd fain support their own and their Families superfluous Expences at their Neighbour's Cost; who make one or two Day's Labour provide for four Days Extravagancies. And this is the common Calamity of most of our Corporation Towns, whose Inhabitants do all they can to discourage Plenty, Industry and Population; and will not admit of Strangers but upon too hard Terms, thro the false Notion, that they themselves, their Children and Apprentices, have the only Right to squander their Town's Revenue, and to get, at their own Rates, all that is to be gotten within their Precincts, or in the Neighbourhood. And therefore such Towns (through the Mischief arising by Combinations and By-Laws) are at best at a Stand; very few in a thriving Condition (and those are where the By-Laws are least restrictive) but most throughout England fall to visible Decay, whilst new Villages not incorporated, or more liberal of their Privileges, grow up in their stead; till, in Process of Time, the first Sort will become almost as desolate as Old Sarum, and will as well deserve to lose their Right of sending Representatives to Parliament. For certainly a Waste or a Desert has no Right to be represented, nor by our original Constitution was ever intended to be: yet I would by no means have those Deputies lost to the Commons, but transferr'd to wiser, more industrious, and better peopled Places, worthy (thro their Numbers and Wealth) of being represented.

A Whig is against the raising or keeping up a Standing Army in Time of Peace: but with this Distinction, that if at any time an Army (tho even in Time of Peace) shou'd be necessary to the Support of this very Maxim, a Whig is not for being too hasty to destroy that which is to be the Defender of his Liberty. I desire to be well understood. Suppose then, that Persons, whose known Principle and Practice it has been (during the Attempts for arbitrary Government) to plead for and promote such an Army in Time of Peace, as wou'd be subservient to the Will of a Tyrant, and contribute towards the enslaving the Nation; shou'd, under a legal Government (yet before the Ferment of the People was appeas'd) cry down a Standing Army in Time of Peace: I shou'd shrewdly suspect, that the Principles of such Persons are not changed, but that either they like not the Hands that Army is in, or the Cause which it espouses; and look upon it as an Obstruction to another Sort of Army, which they shou'd like even in Time of Peace. I say then, that altho the Maxim in general be certainly true, yet a Whig (without the just Imputation of having deserted his Principles) may be for the keeping up such a Standing Army even in Time of Peace, till the Nation have recover'd its Wits again, and chuses Representatives who are against Tyranny in any Hands whatsoever; till the Enemies of our Liberties want the Power of raising another Army of quite different Sentiments: for till that time, a Whiggish Army is the Guardian of our Liberties, and secures to us the Power of disbanding its self, and prevents the raising of another of a different Kidney. As soon as this is done effectually, by my Consent, no such thing as a mercenary Soldier should subsist in England. And therefore The arming and training of all the Freeholders of England, as it is our undoubted ancient Constitution, and consequently our Right; so it is the Opinion of most Whigs, that it ought to be put in Practice. This wou'd put us out of all Fear of foreign Invasions, or disappoint any such when attempted: This wou'd soon take away the Necessity of maintaining Standing Armies of Mercenaries in Time of Peace: This wou'd render us a hundred times more formidable to our Neighbours than we are; and secure effectually our Liberties against any King that shou'd have a mind to invade them at home, which perhaps was the Reason some of our late Kings were so averse to it: And whereas, as the Case now stands, Ten Thousand disciplin'd Soldiers (once landed) might march without considerable Opposition from one End of England to the other; were our Militia well regulated, and Fire-Arms substituted in the Place of Bills, Bows, and Arrows (the Weapons in Use when our training Laws were in their Vigor, and for which our Laws are yet in Force) we need not fear a Hundred Thousand Enemies, were it possible to land so many among us. At every Mile's End, at every River and Pass, the Enemy wou'd meet with fresh Armies, consisting of Men as well skill'd in military Discipline as themselves; and more resolv'd to fight, because they do it for Property: And the farther such an Enemy advanced into the Country, the stronger and more resolved he wou'd find us; as Hanibal did the Romans, when he encamped under the Walls of Rome, even after such a Defeat as that at Cannæ. And why? Because they were all train'd Soldiers, they were all Freemen that fought pro aris & focis: and scorn'd to trust the Preservation of their Lives and Fortunes to Mercenaries or Slaves, tho never so able-body'd: They thought Weapons became not the Hands of such as had nothing to lose, and upon that Account were unfit Defenders of their Masters Properties; so that they never tried the Experiment but in the utmost Extremity.

That this is not only practicable but easy, the modern Examples of the Swissers and Swedes is an undeniable Indication. Englishmen have as much Courage, as great Strength of Body, and Capacity of Mind, as any People in the Universe: And if our late Monarchs had the enervating their free Subjects in View, that they might give a Reputation to Mercenaries, who depended only on the Prince for their Pay (as 'tis plain they had) I know no Reason why their Example shou'd be followed in the Days of Liberty, when there is no such Prospect. The Preservation of the Game is but a very slender Pretence for omitting it. I hope no wise Man will put a Hare or a Partridge in Balance with the Safety and Liberties of Englishmen; tho after all, 'tis well known to Sportsmen, that Dogs, Snares, Nets, and such silent Methods as are daily put in Practice, destroy the Game ten times more than shooting with Guns.

If the restoring us to our Old Constitution in this Instance were ever necessary, 'tis more eminently so at this time, when our next Neighbours of Scotland are by Law armed just in the manner we desire to be, and the Union between both Kingdoms not perfected. For the Militia, upon the Foot it now stands, will be of little Use to us: 'tis generally compos'd of Servants, and those not always the same, consequently not well train'd; rather such as wink with both Eyes at their own firing a Musket, and scarce know how to keep it clean, or to charge it aright. It consists of People whose Reputation (especially the Officers) has been industriously diminished, and their Persons, as well as their Employment, rendred contemptible on purpose to enhance the Value of those that serve for Pay; insomuch that few Gentlemen of Quality will now a-days debase themselves so much, as to accept of a Company, or a Regiment in the Militia. But for all this, I can never be persuaded that a Red Coat, and Three Pence a Day, infuses more Courage into the poor Swaggering Idler, than the having a Wife and Children, and an Estate to fight for, with good wholsome Fare in his Kitchen, wou'd into a Free-born Subject, provided the Freeman were as well armed and trained as the Mercenary.

I wou'd not have the Officers and Soldiers of our most Brave and Honest Army to mistake me. I am not arguing against them; for I am convinced, as long as there is Work to do abroad, 'tis they (and not our home dwelling Freeholders) are most proper for it. Our War must now be an Offensive War; and what I am pleading for, concerns only the bare Defensive Part. Most of our present Generals and Officers are fill'd with the true Sprit of Liberty (a most rare thing) which demonstrates the Felicity of her Majesty's Reign, and her standing upon a true Bottom, beyond any other Instance that can be given; insomuch, that considering how great and happy we have been under the Government of Queens, I have sometimes doubted, whether an Anti-Salick Law wou'd be to our Disadvantage.

Most of these Officers do expect, nay (so true do I take them to be to their Country's Interest) do wish, whenever it shall please God to send us such a Peace as may be relied upon both at home and abroad, to return to the State of peaceable Citizens again; but 'tis fit they should do so, with such ample Rewards for their Blood and Labours, as shall entirely satisfy them. And when they, or the Survivors of them, shall return full of Honour and Scars home to their Relations, after the Fatigues of so glorious a Service to their Country are ended; 'tis their Country's Duty to make them easy, without laying a Necessity upon them of striving for the Continuance of an Army to avoid starving. The Romans used to content them by a Distribution of their Enemies Lands; and I think their Example so good in every thing, that we could hardly propose a better. Oliver Cromwell did the like in Ireland, to which we owe that Kingdom's being a Protestant Kingdom at this Day, and its continuing subject to the Crown of England; but if it be too late to think of this Method now, some other must be found out by the Wisdom of Parliament, which shall fully answer the End.

These Officers and Soldiers thus settled and reduced to a Civil State, wou'd, in a great measure, compose that invincible Militia I am now forecasting; and by reason of their Skill in military Affairs, wou'd deserve the principal Posts and Commands in their respective Counties: With this advantageous Change of their Condition, that whereas formerly they fought for their Country only as Soldiers of Fortune, now they shou'd defend it as wise and valiant Citizens, as Proprietors of the Estates they fight for; and this will gain them the entire Trust and Confidence of all the good People of England, who, whenever they come to know their own Minds, do heartily hate Slavery. The Manner and Times of assembling, with several other necessary Regulations, are only proper for the Legislative to fix and determine.

A right Whig lays no Stress upon the Illegitimacy of the pretended Prince of Wales; he goes upon another Principle than they, who carry the Right of Succession so far, as (upon that Score), to undo all Mankind. He thinks no Prince fit to govern, whose Principle it must be to ruin the Constitution, as soon as he can acquire unjust Power to do so. He judges it Nonsense for one to be the Head of a Church, or Defender of a Faith, who thinks himself bound in Duty to overthrow it. He never endeavours to justify his taking the Oaths to this Government, or to quiet his Conscience, by supposing the young Gentleman at St. Germains unlawfully begotten; since, 'tis certain, that according to our Law he cannot be looked upon as such. He cannot satisfy himself with any of the foolish Distinctions trump'd up of late Years to reconcile base Interest with a Show of Religion; but deals upon the Square, and plainly owns to the World, that he is not influenc'd by any particular Spleen: but that the Exercise of an Arbitrary, Illegal Power in the Nation, so as to undermine the Constitution, wou'd incapacitate either King James, King William, or any other, from being his King, whenever the Publick has a Power to hinder it.

As a necessary Consequence of this Opinion, a Whig must be against punishing the Iniquity of the Fathers upon the Children, as we do (not only to the Third and Fourth Generation, but) for ever: since our gracious God has declared, that he will no more pursue such severe Methods in his Justice, but that the Soul that sinneth it shall die. 'Tis very unreasonable, that frail Man, who has so often need of Mercy, shou'd pretend to exercise higher Severities upon his Fellow-Creatures, than that Fountain of Justice on his most wicked revolting Slaves. To corrupt the Blood of a whole Family, and send all the Offspring a begging after the Father's Head is taken off, seems a strange Piece of Severity, fit to be redressed in Parliament; especially when we come to consider, for what Crime this has been commonly done. When Subjects take Arms against their Prince, if their Attempt succeeds, 'tis a Revolution; if not, 'tis call'd a Rebellion: 'tis seldom consider'd, whether the first Motives be just or unjust. Now is it not enough, in such Cases, for the prevailing Party to hang or behead the Offenders, if they can catch them, without extending the Punishment to innocent Persons for all Generations to come?

The Sense of this made the late Bill of Treasons (tho it reach'd not so far as many wou'd have had it) a Favourite of the Old Whigs; they thought it a very desirable one whenever it cou'd be compass'd, and perhaps if not at that very Juncture, wou'd not have been obtained all: 'twas necessary for Two different Sorts of People to unite in this, in order for a Majority, whose Weight shou'd be sufficient to enforce it. And I think some Whigs were very unjustly reproach'd by their Brethren, as if by voting for this Bill, they wilfully exposed the late King's Person to the wicked Designs of his Enemies.

Lastly, The supporting of Parliamentary Credit, promoting of all publick Buildings and Highways, the making all Rivers Navigable that are capable of it, employing the Poor, suppressing Idlers, restraining Monopolies upon Trade, maintaining the liberty of the Press, the just paying and encouraging of all in the publick Service, especially that best and usefullest Sort of People the Seamen: These (joined to a firm Opinion, that we ought not to hearken to any Terms of Peace with the French King, till it be quite out of his Power to hurt us, but rather to dye in Defence of our own and the Liberties of Europe) are all of them Articles of my Whiggish Belief, and I hope none of them are heterodox. And if all these together amount to a Commonwealthsman, I shall never be asham'd of the Name, tho given with a Design of fixing a Reproach upon me, and such as think as I do.

Many People complain of the Poverty of the Nation, and the Weight of the Taxes. Some do this without any ill Design, but others hope thereby to become popular; and at the same time to enforce a Peace with France, before that Kingdom be reduced to too low a Pitch: fearing, lest that King shou'd be disabled to accomplish their Scheme of bringing in the Pretender, and assisting him.

Now altho 'tis acknowledg'd, that the Taxes lye very heavy, and Money grows scarce; yet let the Importance of our War be considered, together with the Obstinacy, Perfidy, and Strength of our Enemy, can we possibly carry on such a diffusive War without Money in Proportion? Are the Queen's Subjects more burden'd to maintain the publick Liberty, than the French King's are to confirm their own Slavery? Not so much by three Parts in four, God be prais'd: Besides, no true Englishman will grudge to pay Taxes whilst he has a Penny in his Purse, as long as he sees the Publick Money well laid out for the great Ends for which 'tis given. And to the Honour of the Queen and her Ministers it may be justly said, That since England was a Nation, never was the publick Money more frugally managed, or more fitly apply'd. This is a further Mortification to those Gentlemen, who have Designs in View which they dare not own: For whatever may be, the plausible and specious Reasons they give in publick, when they exclaim against the Ministry; the hidden and true one is, that thro the present prudent Administration, their so hopefully-laid Project is in Danger of being blown quite up; and they begin to despair that they shall bring in King James the Third by the Means of Queen Anne, as I verily believe they once had the Vanity to imagine.

INDEX

OF THE

CHAPTERS

CHAP. I.

• The State of Gaul before it was reduced into the Form of a Roman Province[Page 1]

CHAP. II.

• Probable Conjectures concerning the Ancient Language of the Gauls. [8]

CHAP. III.

• The State of Gaul, after it was reduced into the Form of a Province by the Romans. [14]

CHAP. IV.

• Of the Original of the Franks, who having possessed themselves of Gallia, changed its Name into that of Francia, or Francogallia. [20]

CHAP. V.

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

CHAP. VI.

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

CHAP. VII.

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

CHAP. VIII.

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

CHAP. IX.

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

CHAP. X.

• The Form and Constitution of the Francogallican Government. [63]

CHAP. XI.

• Of the Sacred Authority of the Publick Council. [77]

CHAP. XII.

• Of the Kingly Officers, commonly called Mayors of the Palace. [85]

CHAP. XIII.

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

CHAP. XIV.

• Of the Constable and Peers of France. [97]

CHAP. XV.

• Of the continued Authority and Power of the Sacred Council, during the Reign of the Carlovingian Family. [104]

CHAP. XVI.

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

CHAP. XVII.

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

CHAP. XVIII.

• Of the Remarkable Authority of the Council against Lewis the Eleventh. [118]

CHAP. XIX.

• Of the Authority of the Assembly of the States, concerning the most important Affairs of Religion. [125]

CHAP. XX.

• Whether Women are not as much debarr'd by the Francogallican Law from the Administration, as from the Inheritance of the Kingdom. [128]

CHAP. XXI.

• Of the Juridical Parliaments in France. [138]

A

Short EXTRACT

OF THE

LIFE

OF

Francis Hotoman,

Taken out of Monsieur Bayle's

Hist. Dict. and other Authors.

FRANCIS HOTOMAN (one of the most learned Lawyers of that Age) was Born at Paris the 23d of August, 1524. His Family was an Ancient and Noble one, originally of Breslaw, the Capital of Silesia. Lambert Hotoman, his Grandfather, bore Arms in the Service of Lewis the 11th of France, and married a rich Heiress at Paris, by whom he had 18 Children; the Eldest of which (John Hotoman) had so plentiful an Estate, that he laid down the Ransom-Money for King Francis the First, taken at the Battel of Pavia: Summo galliæ bono, summâ cum suâ laude, says Neveletus, Peter Hotoman his 18th Child, and [Footnote: Maistre des Eaux & Forrests.] Master of the Waters and Forests of France (afterwards a Counsellor in the Parliament of Paris) was Father to Francis, the Author of this Book. He sent his Son, at 15 Years of Age, to Orleans to study the Common Law; which he did with so great Applause, that at Three Years End he merited the Degree of Doctor. His Father designing to surrender to him his Place of Counsellor of Parliament, sent for him home: But the young Gentleman was soon tired with the Chicane of the Bar, and plung'd himself deep in the Studies of [Footnote: Les belles Lettres.] Humanity and the Roman Laws; for which he had a wonderful Inclination. He happen'd to be a frequent Spectator of the Protestants Sufferings, who, about that Time, had their Tongues cut out, were otherwise tormented, and burnt for their Religion. This made him curious to dive into those Opinions, which inspired so much Constancy, Resignation and Contempt of Death; which brought him by degrees to a liking of them, so that he turn'd Protestant. And this put him in Disgrace with his father, who thereupon disinherited him; which forced him at last to quit France, and to retire to Lausanne in Swisserland by Calvin's and Beza's Advice; where his great Merit and Piety promoted him to the Humanity-Professor's Chair, which he accepted of for a Livelihood, having no Subsistance from his Father. There he married a young French Lady, who had fled her Country upon the Score of Religion: He afterwards remov'd to Strasburg, where he also had a Professor's Chair. The Fame of his great Worth was so blown about, that he was invited by all the great Princes to their several Countries, particularly by the Landgrave of Hesse, the Duke of Prussia, and the King of Navarre; and he actually went to this last about the Beginning of the Troubles. Twice he was sent as Ambassador from the Princes of the Blood of France, and the Queen-Mother, to demand Assistance of the Emperor Ferdinand: The Speech that he made at the Diet of Francfort is still extant. Afterwards he returned to Strasburg; but Jean de Monluc, the Bishop of Valence, over-persuaded him to accept of the Professorship of Civil Law at Valence; of which he acquitted himself so well, that he very much heighten'd the Reputation of that University. Here he received two Invitations from Margaret Dutchess of Berry, and Sister to Henry the Second of France, and accepted a Professor's Chair at Bourges; but continued in it no longer than five Months, by reason of the intervening Troubles. Afterwards he returned to it, and was there at the time of the great Parisian Massacre, having much-a-do to escape with his Life; but having once got out of France (with a firm Resolution never to return thither again) he took Sanctuary in the House of Calvin at Geneva, and publish'd Books against the Persecution, so full of Spirit and good Reasoning, that the Heads of the contrary Party made him great Offers in case he wou'd forbear Writing against them; but he refused them all, and said, The Truth shou'd never be betray'd or forsaken by him. Neveletus says, "That his Reply to those that wou'd have tempted him, was this: Nunquam sibi propugnatam causam quæ iniqua esset: Nunquam quæ jure & legibus niteretur desertam præmiorum spe vel metu periculi."—He afterwards went to Basel in Swisserland, and from thence (being driven away by the Plague) to Mountbelliard, where he buried his Wife. He returned then to Basel (after having refused a Professor's Chair at Leyden) and there he died of a Dropsy in the 65th Year of his Age, the 12th of February, 1590.

He writ a great many learned Books, which were all of them in great Esteem; and among them an excellent Book de Consolatione. His Francogallia was his own Favourite; tho' blamed by several others, who were of the contrary Opinion: Yet even these who wrote against him do unanimously agree, that he had a World of Learning, and a profound Erudition. He had a thorough Knowledge of the Civil Law, which he managed with all the Eloquence imaginable; and was, without dispute, one of the ablest Civilians that France had ever produced: This is Thuanus and Barthius's Testimony of him. Mr. Bayle indeed passes his Censure of this Work in the Text of his Dictionary, in these Words: "Sa Francogallia dont il faisoit grand etat est celuy de tous ses ecrits que l'on aprouve le moins:"—and in his Commentary adds, "C'est un Ouvrage recommendable du costè de l'Erudition; mais tres indigne d'un jurisconsulte Francois, si l'on en croit mesme plusieurs Protestants." I wou'd not do any Injury to so great a Man as Monsieur Bayle; but every one that is acquainted with his Character, knows that he is more a Friend to Tyranny and Tyrants, than seems to be consistent with so free a Spirit. He has been extremely ill used, which sowres him to such a degree, that it even perverts his Judgment in some measure; and he seems resolved to be against Monsieur Jurieu, and that Party, in every thing, right or wrong. Whoever reads his Works, may trace throughout all Parts of them this Disposition of Mind, and see what sticks most at his Heart. So that he not only loses no Occasion, but often forces one where it seems improper and unseasonable, to vent his Resentments upon his Enemies; who surely did themselves a great deal more wrong in making him so, than they did him. 'Tis too true, that they did all they cou'd to starve him; and this great Man was forced to write in haste for Bread; which has been the Cause that some of his Works are shorter than he design'd them; and consequently, that the World is deprived of so much Benefit, as otherwise it might have reap'd from his prodigious Learning, and Force of Judgment. One may see by the first Volume of his Dictionary, which goes through but two Letters of the Alphabet, that he forecasted to make that Work three times as large as it is, cou'd he have waited for the Printer's Money so long as was requisite to the finishing it according to his first Design. Thus much I thought fit to say, in order to abate the Edge of what he seems to speak hardly of the Francogallia; tho' in several other Places he makes my Author amends: And one may without scruple believe him, when he commends a Man, whose Opinion he condemns. For this is the Character he gives of this Work: "C'est au fond un bel Ouvrage, bien ecrit, & bien rempli d'erudition: Et d'autant plus incommode au partie contraire que l'Auteur se contente de citer des faits." Can any thing in the World be a greater Commendation of a Work of this Nature, than to say it contains only pure Matter of Fact? Now if this be so, Monsieur Bayle wou'd do well to tell us what he means by those Words, Tres indigne d'un jurisconsulte Francois. Whether a French Civilian be debarr'd telling of Truth (when that Truth exposes Tyranny) more than a Civilian of any other Nation? This agrees, in some measure, with Monsieur Teissier's Judgment of the Francogallia, and shews, that Monsieur Bayle, and Monsieur Teissier and Bongars, were Bons Francois in one and the same Sense. "Son Livre intitulè, Francogallia, luy attira AVEC RAISON (and this he puts in great Letters) les blame des bons Francois. For (says he) therein he endeavours to prove, That France, the most flourishing Kingdom in Christendom, is not successive, like the Estates of particular Persons; but that anciently the Kings came to the Crown by the Choice and Suffrages of the Nobility and People; insomuch, that as in former Times the Power and Authority of Electing their Kings belonged to the Estates of the Kingdom, so likewise did the Right of Deposing their Princes from their Government. And hereupon he quotes the Examples of Philip de Valois, of King John, Charles the Fifth, and Charles the Sixth, and Lewis the Eleventh: But what he principally insists on, is to show, That as from Times Immemorial, the French judg'd Women incapable of Governing; So likewise ought they to be debarr'd from all Administration of the Publick Affairs."

This is Mr. Boyle's Quotation of Teissier, by which it appears how far Hotoman ought to be blamed by all true Frenchmen, AVEC RAISON. But provided that Hotoman proves irrefragably all that he says (as not only Monsieur Bayle himself, but every body else that writes of him allows) I think it will be a hard matter to persuade a disinteress'd Person, or any other but a bon Francois, (which, in good English, is a Lover of his Chains) that here is any just Reason shewn why Hotoman shou'd be blam'd.

Monsieur Teissier, altho' very much prejudiced against him, was (as one may see by the Tenor of the above Quotation, and his leaving it thus uncommented on) in his Heart convinc'd of the Truth of it; but no bon Francois dares own so much. He was a little too careless when he wrote against Hotoman, mistaking one of his Books for another; viz. his Commentary ad titulum institutionum de Actionibus, for his little Book de gradibus cognationis; both extremely esteemed by all learned Men, especially the first: Of which Monsieur Bayle gives this Testimony: "La beauté du Stile, & la connoissance des antiquités Romaines eclatoient dans cet Ouvrage, & le firent fort estimer."

Thuanus, that celebrated disinteress'd Historian, gives this Character in general of his Writings. "He composed (says he) several Works very profitable towards the explaining of the Civil Law, Antiquity, and all Sorts of fine Literature; which have been collected and publish'd by James Lectius, a famous Lawyer, after they had been review'd and corrected by the Author. Barthius says, that he excelled in the Knowledge of the Civil Law, and of all genteel Learning [Footnote: Belles Literature] Ceux la mesmes qui ont ecrits contre luy (says Neveletus) tombent d'accord quil avoit beaucoup de lecture & une profonde Erudition."

The Author of the Monitoriale adversus Italogalliam, which some take to be Hotoman himself, has this Passage relating to the Francogallia: "Quomodo potest aliquis et succcensere qui est tantum relator & narrator facti? Francogallista enim tantum narrationi & relationi simplici vacat, quod si aliena dicta delerentur, charta remaneret alba."

It was objected to him, that he unawares furnish'd the Duke of Guise and the League at Paris with Arguments to make good their Attempts against their Kings. This cannot be deny'd; but at the same time it cannot be imputed to Hotoman as any Crime: Texts of Scripture themselves have been made use of for different Purposes, according to the Passion or the Interests of Parties. Arguments do not lose their native Force for being wrong apply'd: If the Three Estates of France had such a fundamental Power lodg'd in them; who can help it, if the Writers for the League made use of Hotoman's Arguments to support a wrong Cause? And this may suffice to remove this Imputation from his Memory.

He was a Man of a very handsome Person and Shape, tall and comely; his Eyes were blewish, his Nose long, and his Countenance venerable: He joined a most exemplary Piety and Probity to an eminent Degree of Knowledge and Learning. No Day pass'd over his Head, wherein he employ'd not several Hours in the Exercise of Prayer, and reading of the Scriptures. He wou'd never permit his Picture to be drawn, tho' much intreated by his Friends; however (when he was at his last Gasp, and cou'd not hinder it) they got a Painter to his Bed's-side, who took his Likeness as well as 'twas possible at such a time. Basilius Amerbachius assisted him during his last Sickness, and James Grinæus made his Funeral-Sermon. He left two Sons behind him, John and Daniel; besides a great Reputation, and Desire of him, not only among his Friends and Acquaintance, but all the Men of Learning and Probity all over Europe.

Explication of the Roman Names

mention'd by Hotoman.

The Author's Preface.

To the most Illustrious and Potent Prince FREDERICK, Count Palatine of the Rhine, Duke of Bavaria, &c. First Elector of the Roman Empire, His most Gracious Lord, Francis Hotoman, wishes all Health and Prosperity.

'Tis an old Saying, of which Teucer the Son of Telamon is the supposed Author, and which has been approved of these many Ages, A Man's Country is, where-ever he lives at Ease. [Footnote: Patria est ubicunq; est bene.] For to bear even Banishment it self with an unconcern'd Temper of Mind like other Misfortunes and Inconveniences, and to despise the Injuries of an ungrateful Country, which uses one more like a Stepmother than a true Mother, seems to be the Indication of a great Soul. But I am of a quite different Opinion: For if it be a great Crime, and almost an Impiety not to live under and suffer patiently the Humours and harsh Usage of our Natural Parents; 'tis sure a much greater, not to endure those of our Country, which wise Men have unanimously preferr'd to their Parents. 'Tis indeed the Property of a wary self-interested Man, to measure his Kindness for his Country by his own particular Advantages: But such a sort of Carelesness and Indifferency seems a Part of that Barbarity which was attributed to the Cynicks and Epicureans; whence that detestable Saying proceeded, When I am dead, let the whole World be a Fire. Which is not unlike the Old Tyrannical Axiom; Let my Friends perish, so my Enemies fall along with them. [Footnote: Me mortuo terra misceatur incendio. Pereant amici dum una inimici intercidant.] But in gentle Dispositions, there is a certain inbred Love of their Country, which they can no more divest themselves of, than of Humanity it self. Such a Love as Homer describes in Ulysses, who preferred Ithaca, tho' no better than a Bird's Nest fix'd to a craggy Rock in the Sea, to all the Delights of the Kingdom which Calypso offer'd him.

Nescio quâ natale Solum dulcedine cunctos

Ducit, & immemores non finit esse sui:

Was very truly said by the Ancient Poet; When we think of that Air we first suck'd in, that Earth we first trod on, those Relations, Neighbours and Acquaintance to whose Conversation we have been accustomed.

But a Man may sometimes say, My Country is grown mad or foolish, (as Plato said of his) sometimes that it rages and cruelly tears out its own Bowels.—We are to take care in the first Place, that we do not ascribe other Folks Faults to our innocent Country. There have been may cruel Tyrants in Rome and in other Places; these not only tormented innocent good Men, but even the best deserving Citizens, with all manner of Severities: Does it therefore follow, that the Madness of these Tyrants must be imputed to their Country? The Cruelty of the Emperor Macrinus is particularly memorable; who as Julius Capitolinus writes, was nicknamed Macellinus, because his House was stained with the Blood of Men, as a Shambles is with that of Beasts. Many such others are mention'd by Historians, who for the like Cruelty (as the same Capitolinus tells us) were stil'd, one Cyclops, another Busiris, a 3d Sciron, a 4th Tryphon, a 5th Gyges. These were firmly persuaded, that Kingdoms and Empires cou'd not be secur'd without Cruelty: Wou'd it be therefore reasonable, that good Patriots shou'd lay aside all Care and Solicitude for their Country? Certainly they ought rather to succour her, when like a miserable oppressed Mother, she implores her Childrens Help, and to seek all proper Remedies for the Mischiefs that afflict her.

But how fortunate are those Countries that have good and mild Princes! how happy are those Subjects, who, thro' the Benignity of their Rulers may quietly grow old on their Paternal Seats, in the sweet Society of their Wives and Children! For very often it happens, that the Remedies which are made use of prove worse than the Evils themselves. 'Tis now, most Illustrious Prince, about Sixteen Years since God Almighty has committed to your Rule and Government a considerable Part of Germany situate on the Rhine. During which time, 'tis scarce conceivable what a general Tranquility, what a Calm (as in a smooth Sea) has reigned in the whole Palatinate; how peaceable and quiet all things have continued: How piously and religiously they have been governed: Go on most Gracious Prince in the same Meekness of Spirit, which I to the utmost of my Power must always extol. Proceed in the same Course of gentle and peaceable Virtue; Macte Virtute; not in the Sense which Seneca tells us the Romans used this Exclamation in, to salute their Generals when they return'd all stain'd with Gore Blood from the Field of Battel, who were rather true Macellinus's: But do you proceed in that Moderation of Mind, Clemency, Piety, Justice, Affability, which have occasion'd the Tranquility of your Territories. And because the present Condition of your Germany is such as we see it, Men now-a-days run away from Countries infested with Plunderers and Oppressors, to take Sanctuary in those that are quiet and peaceable; as Mariners, who undertake a Voyage, forecast to avoid Streights, &c. and Rocky Seas, and chase to sail a calm and open Course.

There was indeed a Time, when young Gentlemen, desirous of Improvement, flock'd from all Parts to the Schools and Academies of our Francogallia, as to the publick Marts of good Literature. Now they dread them as Men do Seas infested with Pyrates, and detest their Tyrannous Barbarity. The Remembrance of this wounds me to the very Soul; when I consider my unfortunate miserable Country has been for almost twelve Years, burning in the Flames of Civil War. But much more am I griev'd, when I reflect that so many have not only been idle Spectators of these dreadful Fires (as Nero was of flaming Rome) but have endeavour'd by their wicked Speeches and Libels to blow the Bellows, whilst few or none have contributed their Assistance towards the extinguishing them.

I am not ignorant how mean and inconsiderable a Man I am; nevertheless as in a general Conflagration every Man's Help is acceptable, who is able to fling on but a Bucket of Water, so I hope the Endeavours of any Person that offers at a Remedy will be well taken by every Lover of his Country. Being very intent for several Months past on the Thoughts of these great Calamities, I have perused all the old French and German Historians that treat of our Francogallia, and collected out of their Works a true State of our Commonwealth; in the Condition (wherein they agree) it flourished for above a Thousand Years. And indeed the great Wisdom of our Ancestors in the first framing of our Constitution, is almost incredible; so that I no longer doubted, that the most certain Remedy for so great Evils must be deduced from their Maxims.

For as I more attentively enquired into the Source of these Calamities, it seemed to me, that even as human Bodies decay and perish, either by some outward Violence, or some inward Corruption of Humours, or lastly, thro' Old Age: So Commonwealths are brought to their Period, sometimes by Foreign Force, sometimes by Civil Dissentions, at other Times by being worn out and neglected. Now tho' the Misfortunes that have befallen our Commonwealth are commonly attributed to our Civil Dissentions, I found, upon Enquiry, these are not so properly to be called the Cause as the Beginning of our Mischiefs. And Polybius, that grave judicious Historian, teaches us, in the first place, to distinguish the Beginning from the Cause of any Accident. Now I affirm the Cause to have been that great Blow which our Constitution received about 100 Years ago from that [Footnote: Lewis the XI.] Prince, who ('tis manifest) first of all broke in upon the noble and solid Institutions of our Ancestors. And as our natural Bodies when put out of joint by Violence, can never be recover'd but by replacing and restoring every Member to its true Position; so neither can we reasonably hope our Commonwealth shou'd be restor'd to Health, till through Divine Assistance it shall be put into its true and natural State again.

And because your Highness has always approv'd your self a true Friend to our Country; I though it my Duty to inscribe, or, as it were, to consecrate this Abstract of our History to your Patronage. That being guarded by so powerful a Protection, it might with greater Authority and Safety come abroad in the World. Farewel, most illustrious Prince; May the great God Almighty for ever bless and prosper your most noble Family.

Your Highness's most Obedient,

12 Kal. Sep. 1574.

Francis Hotoman.

Francogallia.

CHAP. I.

The State of Gaul, before it was reduced into a Province by the Romans.

My Design being to give an Account of the Laws and Ordinances of our Francogallia, as far as it may tend to the Service of our Commonwealth, in its present Circumstances; I think it proper, in the first place, to set forth the State of Gaul, before it was reduced into the Form of a Province by the Romans: For what Cæsar, Polybius, Strabo, Ammianus, and other Writers have told us concerning the Origin, Antiquity and Valour of that People, the Nature and Situation of their Country, and their private Customs, is sufficiently known to all Men, tho' but indifferently learned.

We are therefore to understand, that the State of Gaul was such at that time, that neither was the whole under the Government of a single Person: Nor were the particular [Footnote: Civitas, a Commonwealth.] Commonwealths under the Dominion of the Populace, or the Nobles only; but all Gaul was so divided into Commonwealths, that the most Part were govern'd by the Advice of the Nobles; and these were called Free; the rest had Kings. But every one of them agreed in this Institute, that at a certain Time of the Year a publick Council of the whole Nation should be held; in which Council, whatever seem'd to relate to the whole Body of the Commonwealth was appointed and establish'd. Cornelius Tacitus, in his 3d Book, reckons Sixty-four Croitates; by which is meant (as Cæsar explains it) so many Regions or Districts; in each of which, not only the same Language, Manners and Laws, but also the same Magistrates were made use of. Such, in many Places of his History, he principally mentions the Cities of the Ædui, the Rhemi and Arverni to have been. And therefore Dumnorix the Æduan, when Cæsar sent to have him slain, began to resist, and to defend himself, and to implore the Assistance of his Fellow Citizens; often crying out, That he was a Freeman, and Member of a Free Commonwealth, lib. 5. cap. 3.

To the like purpose Strabo writes in his Fourth Book: [Footnote: Ἀριστοκρατικαὶ δ' ἦσαν αἱ πλείους τῶν πολιτειῶν, ἔνα δ' ἡγεμόνα ἡρούντο κατ' ἐνιαυτόν τὸ παλαιόν ὡς δ' αὕτως εἰς πόλεμον ἐἷς ὑπὸ τοῦ πλήθους ἀπεδείκνυτο στρατηγός.] "Most of the Commonwealths (says he) were govern'd by the Advice of the Nobles: but every Year they anciently chose a Magistrate; as also the People chose a General to manage their Wars." The like Cæsar, lib. 6. Cap. 4. writes in these Words: "Those Commonwealths which are esteem'd to be under the best Administration, have made a Law, that if any Man chance to hear a Rumour or Report abroad among the Bordering People, which concerned the Commonwealth, he ought to inform the Magistrates of it, and communicate it to no body else. The Magistrates conceal what they think proper, and acquaint the Multitude with the rest: For of Matters relating to the Community, it was not permitted to any Person to talk or discourse, but in Council."—Now concerning this Common Council of the whole Nation, we shall quote these few Passages out of Cæsar. "They demanded, (says he) lib. 1. cap. 12. a General Council of all Gallia to be summon'd; and that this might be done by Cæsar's Consent." Also, lib. 7. cap. 12.—"a Council of all Gallia was summon'd to meet at Bibracte; and there was a vast Concourse from all Parts to that Town."—And lib. 6. cap. 1—"Cæsar having summon'd the Council of Gaul to meet early in the Spring, as he had before determin'd: Finding that the Senenes, Carnates and Treviri came not when all the rest came, he adjourned the Council to Paris."—And, lib 7. cap. 6. speaking of Vercingetorix,—"He promis'd himself, that he shou'd be able by his Diligence to unite such Commonwealths to him as dissented from the rest of the Cities of Gaul, and to form a General Council of all Gallia; the Power of which, the whole World should not be able to withstand."

Now concerning the Kings which ruled over certain Cities in Gallia the same Author makes mention of them in very many Places; Out of which this is particularly worthy our Observation: That it was the Romans Custom to caress all those Reguli whom they found proper for their turns: That is, such as were busy men, apt to embroil Affairs, and to sow Dissentions or Animosities between the several Commonwealths. These they joined with in Friendship and Society, and by most honourable publick Decrees called them their Friends and Confederates: And many of these Kings purchased, at a great Expence, this Verbal Honour from the Chief Men of Rome. Now the Gauls called such, Reges, or rather Reguli, which were chosen, not for a certain Term, (as the Magistrates of the Free Cities were) but for their Lives; tho' their Territories were never so small and inconsiderable: And these, when Customs came to be changed by Time, were afterwards called by the Names of Dukes, Earls, and Marquisses.

Of the Commonwealths or Cities, some were much more potent than others; and upon these the lesser Commonwealths depended; these they put themselves under for Protection: Such weak Cities Cæsar sometimes calls the Tributaries and Subjects of the former; but, for the most part he says, they were in Confederacy with them. Livius writes, lib. 5. that when Tarquinius Priscus reigned in Rome, the Bituriges had the principal Authority among the Celtæ, and gave a King to them. When Cæsar first enter'd Gaul, A.U.C. 695. he found it divided into Two Factions; the Ædui were at the Head of the one, the Arverni of the other, who many Years contended for the Superiority: But that which greatly increas'd this Contention, was, Because the Bituriges, who were next Neighbours to the Arverni, were yet in file & imperio that is, Subjects and Allies to the Ædui. On the other hand, the Sequani (tho' Borderers on the Ædui) were under the Protection of the Arverni, lib. 1. Cap. 12. lib. 6. cap. 4. The Romans finding such-like Dissention; to be for their Interest; that is, proper Opportunities to enlarge their own Power, did all they cou'd to foment them: And therefore made a League with the Ædui, whom (with a great many Compliments) they titled Brothers and Friends of the People of Rome. Under the Protection and League of the Ædui, I find to have been first the Senones, with whom some time before the Parisians had join'd their Commonwealth in League and Amity. Next, the Bellouaci, who had nevertheless a great City of their own, abounding in Numbers of People, and were of principal Authority and Repute among the Belgæ, lib. 2. cap. 4. and lib. 7. cap. 7. Cæsar reckons the Centrones, Grudii, Levaci, Pleumosii, Gordunni, under the Dominion of the Nervii, lib. 5. cap. 11. He names the Eburones and Condrasii as Clients of the Treviri, lib. 4. cap. 2. And of the Commonwealth of the Veneti (these are in Armorica or Brittanny) he writes, that their Domination extended over all those Maritime Regions; and that almost all that frequented those Seas were their Tributaries, lib. 3. cap. 2. But the Power of the Arverni was so great, that it not only equall'd that of the Ædui, but a little before Cæsar's Arrival, had got most of their Clients and Dependents from them, lib. 6 cap. 4. lib. 7. cap. 10. Whereupon, as Strabo writes in his 4th Book, they made War against Cæsar with Four hundred thousand Men under the Conduct of their General Vercingetorix. These were very averse to Kingly Government: So that Celtillus, Father to Vercingetorix, a Man of great Power and Reputation (reckon'd the first Man in all Gaul,) was put to Death, by Order of his Commonwealth, for aspiring to the Kingdom. The Sequani, on the other hand, had a King, one Catamantales, to whom the Romans gave the Title of their Friend and Ally, lib. 1. cap. 2. Also the Suessiones, who were Masters of most large and fertile Territories, with 12 great Cities, and cou'd muster Fifty thousand fighting Men, had a little before that time Divitiacus, the most potent Prince of all Gallia for their King; he had not only the Command of the greatest Part of Belgæ, but even of Britanny. At Cæsar's Arrival they had one Galba for their King, lib. 2. cap. 1. In Aquitania, the Grandfather of one Piso an Aquitanian reigned, and was called Friend by the People of Rome, lib. 4. cap. 3. The Senones, a People of great Strength and Authority among the Gauls, had for some time Moritasgus their King; whose Ancestors had also been Kings in the same Place, lib. 5. cap. 13. The Nitiobriges or Agenois, had Olovico for their King; and he also had the Appellation given him of Friend by the Senate of Rome, lib. 7. cap. 6.

But concerning all these Kingdoms, one thing is remarkable, and must not lightly be past by; which is That they were not hereditary, but conferr'd by the People upon such as had the Reputation of being just Men. Secondly, That they had no arbitrary or unlimited Authority, but were bound and circumscribed by Laws; so that they were no less accountable to, and subject to the Power of the People, than the People was to theirs; insomuch that those Kingdoms seem'd nothing else but Magistracies for Life. For Cæsar makes mention of several private Men, whose Ancestors had formerly been such Kings; among these he reckons Casticus, the Son of Catamantales, whose Father had been King of the Sequani many Years, lib. 1. cap. 2. and Piso the Aquitanian, lib. 4. cap. 3. also Tasgetius, whose Ancestors had been Kings among the Carnutes, lib. 5. cap. 8.

Now concerning the Extent of their Power and Jurisdiction, he brings in Ambiorix, King of the Eburones, giving an account of it, lib. 5. cap. 8. "The Constitution of our Government is such (says he) that the People have no less Power and Authority over me than I have over the People. Non minus habet in me juris multitudo, quam ipse in multitudinem." Which Form of Government, Plato, Aristotle, Polybius and Cicero have for this Reason determined to be the best and most Excellent: "Because (says Plato) shou'd Kingly Government be left without a Bridle, when it has attained to supreme Power, as if it stood upon a slippery Place, it easily falls into Tyranny: And therefore it ought to be restrained as with a Curb, by the Authority of the Nobles; and such chosen men as the People have empower'd to that End and Purpose."

CHAP. II.

Probable Conjectures concerning the ancient Language of the Gauls.

In this Place it seems proper to handle a Question much disputed and canvass'd by Learned Men; viz. What was the Language of the Gauls in those old Times? For as to what belongs to their Religion, Laws, and the Customs of the People, Cæsar, as I said before, has at large given us an account. In the first place we ought to take notice, that Cæsar, in the Beginning of his Commentaries, where he divides the Gauls into Three Nations, the Belgæ, the Aquitanæ, and the Celtæ, tells us they all differ'd, not only in their Customs, but in their Language: [Footnote: αλλ ένίους μικρόν παραλλάττοντας ταϊς γλώτταις] Which also Strabo confirms, lib. 4. where he says they were not όμογλώττους of one Language, but a little differing in their Languages. And the same thing Ammianus Marcellinus testifies in his 15th Book. But what many Learned Men (especially of our own Country) have maintain'd, viz. That the Gauls commonly used the Greek Tongue, may be refuted by this single Instance which Cæsar takes notice of lib. 5. cap. 12. That when Q. Cicero was besieged in his Camp, he dispatched Letters written in the Greek Language, "Lest (if they were intercepted) his Designs shou'd be discover'd by the Gauls." But to this some object, what Strabo writes, lib. 4. viz. "That all Sorts of good Literature (and especially that of the Greek Language) flourish'd at Marseilles to such a degree, that the Gauls, by the Example of the Massilians, were mightily delighted with the Greek Tongue, insomuch that they began to write their very Bargains and Contracts in it." Now to this there is a short and ready Reply: For, in the first place, if the Gauls learnt Greek by the Example of the Massilians, 'tis plain, 'twas none of their Mother-tongue. Secondly, Strabo in the same place clearly shows us, that the Fashion of writing their Contracts in Greek began but in his Time, when all Gallia was in Subjection to the Romans. Besides, he speaks precisely only of those Gauls who were Borderers and next Neighbours to the Massilians, of whom he says, that not only many of their private Men, but even their Cities (by publick Decrees, and proposing great Rewards) invited several Learned Men of Massilia to instruct their Youth.

It remains that we shou'd clear that place in Cæsar, where he tells us the Gauls, in their publick and private Reckonings, Græcis literis usos fuisse. But let us see whether the word Græcis in that place ought not to be left out, not only as unnecessary but surreptitious. Since it was sufficient to express Cæsar's Meaning to have said, that the Gauls made no use of Letters or Writing in the Learning of the Druids, but in all other Matters, and in publick and private Accounts, they did make use of Writing: For uti litteris, to use Letters, is a frequent Expression for Writing among Latin Authors. Besides, it had been a Contradiction to say the Gauls were unskill'd in the Greek Tongue, as Cæsar had averr'd a little before; and afterwards to say, that they wrote all their publick and private Accounts in Greek. As to what many suppose, that the words literis Græcis in that place, are not to be taken for Writing Greek, but only for the Characters of the Letters; I can less approve of this Explanation than the former; because though many ancient Writers (as we just now said) frequently used the Expression, Uti litteris for Scribere; yet I never observ'd, that any of them ever used it to signify the Forms and Fashions of the Characters. Neither does it make at all for their Opinion, what Cæsar says in the First Book of his Commentaries, viz. That there were found in the Helvetian Camp, Tablets, literis Græcis conscriptas; as if the same Person, who had learnt to make use of the Greek Forms of Characters, might not as easily have learnt the Greek Language; or as if there might not be among the Helvetii, Priests or Gentlemens Sons, who might then have learnt Greek, as our's now learn Latin; Greek being at that Time a Language in Vogue and Esteem. The very Neighbourhood of the School of Massilia is sufficient to confute that Opinion: And therefore Cæsar, when he speaks of his own Letter to Cicero, tells us, he sent that Letter written in Greek Characters, lest (in case it were intercepted) his Designs shou'd be discover'd by the Enemy. Justinius, lib. 20. says, there was a Decree of the Senate made, that no Carthaginian, after that Time, shou'd study the [Footnote: Græcis literas.] Greek Language or Writing, lest he shou'd be able to speak or write to the Enemy without an Interpreter. Tacitus, in his Book de moribus Germanorum, tells us, that several Tombs and Monuments were yet to be seen in the Confines of Germany and Swisserland with Greek Inscriptions on them. Livius, lib. 9. says, The Roman Boys formerly studied the Tuscan Language, as now they do the Greek. And in his 28th Book,—"Hanibal erected an Altar, and dedicated it with a large Inscription of all his Atchievements, in the Greek and Punick Tongues. Idem Lib. 40. Both Altars and Inscriptions on them in the Greek and Latin Tongues." Lastly, I cannot imagine, that Cæsar wou'd have expressed himself (if he had meant, as these wou'd have him) Græcis literis scribere; but rather, Græcarum literarum formâ, as we see in Tacitus, Lib. 11. "Novas literarum formas addidit." He added new Characters of Letters: Having found, that the Greek Literature was not begun and perfected at once. And again,—"Et forme literis latinis quæ veterrimis Græcorum, &c."

Now lest any body shou'd wonder, how the Word Græcis crept into Cæsar's Text, I will instance you the like Mischance in Pliny, lib. 7. cap. 57. where 'tis thus written,—"Gentium consensus tacitus primum omnium conspiravit ut IONUM literis uterentur." And afterwards,—"Sequens gentium consensus in tonsoribus fuit." And again,—"Tertius consensus est in Horarum observatione." Now who is there that sees not plainly the Word IONUM ought to be left out, as well because 'tis apparently unnecessary, (for Pliny had no farther Design than to let us know, that Men first of all consented in the Writing and Form of their Letters) as because 'tis false, that the Ionian Letters were the first invented; as Pliny himself in his foregoing Chapter, and Tacitus, lib. 11. have told us? I have observed however two Places, (Gregorius Turonensis, lib. 5. and Aimoinus, lib. 3. cap. 41.) wherein 'tis intimated, that the Gauls used the Forms of the Greek Letters: For where they speak of King Chilperick,—"He added (say they) some Letters to our Letters; and those were, ω, ψ, ζ, φ; and sent Epistles to the several Schools in his Kingdom, that the Boys should be so taught." Aimoinus mentions only three Letters, χ, θ, φ. But we must understand, that these were Franks, not Gauls; or rather Franco-gauls, who made use of their own native Language, the German Tongue; not that ancient Language of the Gauls, which had grown out of use under the Roman Government: Besides, if the Francogalli had made use of the Greek Letters, how came they at first to except these, when they made use of all the rest? But we have said enough, and too much of this Matter. As for their Opinion who believe that the Gauls spoke the German Language, Cæsar confutes it in that single place, wherein he tells us, that Ariovistus, by Reason of his long Conversation in Gallia, spoke the Gallick Tongue.

Now for two Reasons their Opinion seems to me to be most probable, who write, that the Ancient Gauls had a peculiar Language of their own, not much differing from the British: First, because Cæsar tells us it was the Custom for these Gauls who had a mind to be thoroughly instructed in the Learning of the Druyds, to pass over into Britain; and since the Druyds made no use of Books, 'tis agreeable to Reason, that they taught in the same Language which was used in Gallia. Secondly, because Tacitus in his Life of Agricola, writes, that the Language of the Gauls and Britains differ'd but very little: neither does that Conjecture of Beatus Rhenanus seem unlikely to me, who believes the Language which is now made use of in Basse Bretayne [Britones Britonantes] to be the Remains of our ancient Tongue. His Reasons for this Opinion may be better learn'd from his own Commentaries, than told in this Place. The Language which we at present make use of, may easily be known to be a Compound of the several Tongues of divers Nations. And (to speak plainly and briefly) may be divided into four Parts. One half of it we have from the Romans, as every one that understands Latin ever so little, may observe: For besides, that the Gauls being subject to the Romans, wou'd naturally fall into their Customs and Language, 'tis manifest that the Romans were very industrious to propagate their Tongue, and to make it universal, and (as it were) venerable among all Nations. And to that End settled Publick Schools up and down, at Autan, Besancon, Lyons, &c. as Valerius Maximus, Tacitus, and Ausonius tell us. The other half of it may be subdivided thus. One third of it we hold from the Ancient Gauls, another from the Franks, and the last from the Greek Language: For it has been demonstrated long since by many Authors, that we find innumerable Frank (that is, German) Words (as we shall hereafter prove) in our daily Speech. And several learned Men have shewn us, that many Greek Words are adapted to our common Use, which we do not owe to the Learning and Schools of the Druyds, (who I believe spoke no Greek); but to the Schools and Conversation of the Massilians, whom we formerly mentioned.

CHAP. III.

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

'Tis very well known to all learned Men, that Gaul, after having been often attempted with various Success, during a ten Years War, and many Battels, was at last totally subdued by Cæsar and reduced into the Form of a Province. It was the Misfortune of this most valiant and warlike People, to submit at length to the Great Beast, as it is called in Scripture, with which however they so strove for Empire for eight hundred Years, (as Josephus informs us) that no Wars with any other Nation, so much terrified Rome. And Plutarch in his Lives of Marcellus and Camillus; Appian in his 2d Book of the Civil Wars; Livius, lib. 8. & 10. have recorded, that the Romans were so afraid of the Gauls, that they made a Law, whereby all the Dispensations (formerly granted to Priests and old Men, from serving in their Armies) were made void, in Case of any Tumult or Danger arising from the Gauls: which Cicero takes notice of in his 2d Philippick. Cæsar himself in his 6th Book, and after him Tacitus, lib. de moribus Germanorum, do testify, That there was a time wherein the Gauls excell'd the Germans in Valour, and carried the War into their Territories, settling Colonies (by reason of their great Multitudes of People) beyond the Rhine.

Now Tacitus in his Life of Agricola, attributes, the Loss of this their so remarkable Valour, to the Loss of their Liberty. "Gallos in bellis floruisse accepimus, mox segnities cum otio intravit, amissa Virtute pariter ac Libertate—." And I hope the Reader will excuse me, if the Love of my Country makes me add that remarkable Testimony of the Valour of the Gauls, mentioned by Justin, lib. 24.—"The Gauls (says he) finding their Multitudes to increase so fast, that their Lands cou'd not afford them sufficient Sustenance, sent out Three hundred thousand Souls to seek for new Habitations. Part of these: seated themselves in Italy; who both took and burnt the City of Rome. Another part penetrated as far as the Shores of Dalmatia, destroying infinite Numbers of the Barbarians, and settled themselves at last in Pannonia. A hardy bold and warlike Nation; who ventured next after Hercules, (to whom the like Attempt gave a Reputation of extraordinary Valour, and a Title to Immortality) to cross those almost inaccessible Rocks of the Alps, and Places scarce passable by Reason of the Cold: Where after having totally subdued the Pannonians they waged War with the bordering Provinces for many Years.—And afterwards—being encouraged by their Success, subdivided their Parties; when some took their Way to Græcia some to Macedonia, destroying all before them with Fire and Sword. And so great was the Terror of the Name of the Gauls, that several Kings (not in the least threatned by them) of their own accord, purchased their Peace with large Sums of Money—. And in the following Book, he says,—So great was the Fruitfulness of the Gauls at that time, that like a Swarm they fill'd all Asia. So that none of the Eastern Kings either ventured to make War without a mercenary Army of Gauls, or fled for Refuge to other than the Gauls, when they were driven out of their Kingdoms." And thus much may suffice concerning their warlike Praises and Fortitude, which (as Tacitus tells us) was quite gone, as soon as they lost their Liberty. Yet some Cities, or Commonwealths, (as Plinius, lib. 4. cap. 11. tells us) were permitted to continue free, after the Romans had reduced Gallia to the Form of a Province. Such were the Nervii, Ulbanesses, Suessiones and Leuci. Also some of the Confederates: and among these he reckons the Lingones, Rhemi, Carnutes and Ædui.

But we may easily learn from these Words of Critegnatus the Arvernian, mentioned by Cæsar, lib. 7. what the Condition was of those Commonwealths, which had the Misfortune to be reduced into the Form of a Province. "If" (says he) "you are ignorant after what manner far distant Nations are used by the Romans, you have no more to do, but to look at our neighbouring Gallia, now reduced into the Form of a Province: Which having its Laws and Customs chang'd, and being subjected to the Power of the Axes, is oppress'd with perpetual Slavery."

We are to understand, there were three kinds of Servitude, or Slavery. First, To have a Garison of Soldiers imposed upon them, to keep them in Awe; yet such Provinces as seemed peaceable and quiet, had no great Armies maintained in them. For Josephus writes in his 2d Book of the Hist. of the Jews, "That in the Emperor Titus's time, the Romans had but 1200 Soldiers in Garison in all Gaul, altho'" (says he) "they had fought with the Romans for their Liberty, almost 800 Years, and had near as many Cities, as the Romans had Garison-Soldiers." A Second Sort of Servitude was, when any Province was made Tributary, and compelled to pay Taxes; and to that End were forced to endure a Number of Tax-gatherers, that is, Harpies and Leeches, which suck'd out the very Blood of the Provincials. Eutropius tells us, in his 6th Book, That Cæsar, as soon as he had subdued Gaul, impos'd a Tax upon it, by the Name of a Tribute, which amounted to H. S. Quadringenties: which is about a Million of our Crowns. A Third Sort of Servitude was, when the Provinces were not permitted to be govern'd by their own Laws; but had Magistrates and Judges, with full Power and Authority (cum imperio & securibus) over Life and Estate, sent them by the People of Rome. This Threefold Slavery not only our Gallia, but all the other Provinces, took most bitterly to heart; and therefore in Tiberius's Reign, not long after Cæsar's Conquest, Tacitus tells us, That the Cities of Gaul rebell'd, because of the Continuance of Taxes, the Extortions of Usurers, and Insolence of the Soldiery. And afterwards in Nero's Reign, Suetonius writes, "That the Gauls being weary of his Tyranny, revolted. The World" (says he) "having for near 13 Years, endured such a Sort of Prince, at last shook him off: The Gauls beginning the Defection." Now all Gallia was divided by the Romans into 16 Provinces, viz. Viennensis, Narbonensis prima, Narbonensis secunda, Aquitania prima, Aquitania secunda, Novempopulana, Alpes maritimæ, Belgica prima, Belgica secunda, Germania prima, Germania secunda, Lugdunensis prima, Lugdunensis secunda, Lugdunensis tertia, Maxima Sequanorum, & Alpes Græcæ, as Antoninus in his Itinerary, and Sextus Rufus, give an Account of them. But Ammianus Marcellinus treats of them more particularly.

But to return to what we were speaking of: 'Tis not to be imagined how grievously, and with what Indignation the Gauls bore the Indecencies and Plunderings of the Romans; nor how frequently they revolted upon that Account and because they were not strong enough of themselves to shake off the Roman Tyranny, 'twas common Custom with them, to hire German Auxiliaries. These were the first beginnings of the Colonies of the Franks; For those Germans, whether they were beaten by the Romans, or (which is more likely) were bought off by them, began by little and little, to settle themselves in the borders of Gallia. This gave to Suetonius, in his Life of Augustus, to say,—"He drove the Germans beyond the River Elb; but the Suevi and Sicambri (submitting themselves); he transplanted into Gallia where he assign'd them Lands near the river Rhine."—Also in his Life of Therius,—"He brought (says he) forty thousand of those that had surrendred themselves in the German War, over into Gallia, and allotted them Settlements upon the Banks of the Rhine."—Neither must we omit what Flavius Vepiscus records, concerning the Reign of Probus the Emperor; in whose time almost all Gallia, that is, sixty Cities, revolted from the Romans; and with common Consent, took up Arms for the Recovery of' their Liberty:—"Having done these things (says he) he march'd with a vast Army into Gaul, which after Posthumus's Death was all in Commotion, and when Aurelianus was kill'd, was In a Manner possessed by the Germans; there he gain'd so many Victories, that he recover'd from the Barbarians sixty of the most noble Cities of Gallia: And whereas they had overspread all Gallia without Controul, he slew near four hundred thousand of those that had seated themselves within the Roman Territories, and transplanted the Remainders of them beyond the Rivers Neckar, and Elb."

But how cruel and inhuman the Domination of the Romans was in Gallia: How intolerable their Exactions were: What horrible and wicked Lives they led; and with how great Inveteracy and Bitterness they were hated upon that Account by the Gauls, (especially by the Christians) may best be learn'd from the Works of Salvianus, Bishop of Marseilles, which treat of Providence: Therefore 'tis incredible to tell, what Multitudes of Germans pour'd themselves into Gallia; the Gauls not only not hindring, but even favouring and calling them in. Latinus Pacatus, in his Speech to Theodesius, has this Passage; "From whence shou'd I begin my Discourse, but from thy Mischiefs, O Gallia! who may'st justly challenge a Superiority in Sufferings, above all the Nations of the Earth, that have been vexed with this Plague?"—Now 'tis most plain both from Sidonius Apollinaris, and especially from the above-mentioned Salvianus, in many Places of his Writings, that our Franks were a Part of those German Nations, who thus entred into Gallia.

CHAP. IV.

Of the Original of the Franks; who having possessed themselves of Gallia, changed its Name, into that of Francia, or Francogallia.

The Order of our Discourse requires, that we should now enquire into the Original of the Franks, and trace them from their first Habitations, or (as it were) their very Cradles: In which Disquisition 'tis very much to be admired, that no mention has been made of them by Ptolomy, Strabo, or even by Tacitus himself, who of all Writers was most accurate in describing the Names and Situations of all the German Nations: and 'tis plain, the Franks were a German People, who possessed most part of Europe for many Years, with great Reputation; of which we will quote but a few Instances out of many.

First, Johannes Nauclerus says thus,—"Charles the Great was call'd King of the Franks; which is as much as to say, King of Germany and France." Now 'tis demonstrable, that at that time all Gallia Transalpina, and all Germany from the Pyrenæen Mountains, as far as Hungary, was called Francia: This last was called Eastern France, the former Western France; and in this all true Historians agree.

Eguinarthus, in his Life of Charlemain, says,—"The Banks of the River Sala, which divides the Taringi from the Sorabi, were afterwards inhabited by those called the Eastern Franks." Otto Frising. Chron. 5. cap. 4. speaking of King Dagaber's Reign, "The Bounds of the Franks Dominions reach'd now (says he) from Spain, as far as Hungary, being two most noble Dukedoms, Aquitania and Bavaria";—but much more at large, lib. 6. cap. 17. And after him Godfrey of Viterbo, in his Chronic. part. 17. sub Anno 881, "Arnulphus (says he) ruled all Eastern Francia, which is now called the Teutonick Kingdom, or Germany; that is to say, Bavaria, Suabia, Saxonia, Turingia, Frisia and Lotharingia; but Odo was king of Western France." Again, sub Anno 913. "It is apparent by the Authority of many Writers, that the Kingdom of Germany, which the Emperor Frederick at present holds, is part of the Kingdom of the Franks; for there (on both sides of the Rhine) the first Franks were seated; which as far as to the Limits of Bavaria, is now called Eastern France: But Western France is that Kingdom which lies on both Sides the Rivers Seine and Loire"—And again he says, "In the time of Charles the Great, King of the Franks, all Gallia, that is, Celtica, Belgica, and Lugdunensis and all Germany which reaches from the Rhine as far as far as Dalmatia, made but one Kingdom; which was called Francia"—Almost all which Quotations have been taken out of Otto, as I said before. 'Tis to be noted, that Rhegino writes thus, in Chron. anni 577.—"After the Death of King Pipin, Lewis his Son (who had been present at his Father's Decease and celebrated his Funerals) kept his Residence at Francfort, the principal Seat of the Eastern Kingdom." Luitprandus Ticinensis says, lib. 1. cap. 6.—"It was order'd that Wido shou'd have for his Share, that which Men call the Roman France, and Berengarius shou'd have Italy." And a little after,—"When he had march'd thro' the Territories of the Burgundians, he purposed to enter Roman France, &c." Now it was call'd Roman France, first, because the Franks had possessed themselves of that Gallia, which was under the Roman Obedience. Secondly, because the Roman Language prevail'd in that Country, as we formerly told you: Whence arose the Saying, Loqui Romanum, of such as used not the German or Frank; but the Latin Tongue. Otto Frisingius, chron. 4. cap. penult. says,—"It seems to me, that those Franks who dwell in Gallia, borrowed the Language, which they make use of to this Day, from the Romans; for the others who stay'd about the Rhine, and in Germany use the Teutonick Tongue."—And in Imitation of him, Godfridus, part. 17. cap. 1.—"The Franks (says he) seem to me to have learn'd the Language which they make use of to this Day, from the Romans, who formerly dwelt in those Parts—." From all these 'tis apparent, that the Reputation and Power of the Franks was extraordinary great; as 'twas fitting for such as were Masters of a great Part of Europe.

Moreover we find, that those Germans which were transplanted by the Emperor Frederick the IId, into the Kingdoms of Naples and Sicily, and establish'd there as a presidiary Colony, were called Franks. Petrus de Vineis, lib. epist. 6. cap. 25. [Footnote: These are only broken pieces of Sentences, to prove, that the Germans (establish'd in Naples and Sicily) were called, and actually were Franks.] —"Following (says he) the Law and Custom of the Franks, in this Instance, that the Eldest Brother to the Exclusion of all the Younger succeeds, even in the Camp it self." Imp. Freder. 2. Neapol. constit. lib. 2. tit. 32. speaking of those Franks, "who upon Occasion trusted the Fortune of their Lives, and of all their Estates, to the Event of a Duel, or single Combat." And again,—"The aforesaid manner of Proof, which all who observe the Rites of the Franks made use of"—.Also lib. 2. tit. 33.—"which Law, our Will is, shall in all Causes be common both to the Franks and Longobards."

Matters being thus plain, 'tis strange that Gregory Bishop of Tours (who writ concerning the Original of the Franks 800 Years ago) shou'd say, in the first Part of his History, That altho' he had made diligent Enquiry about the Rise and Beginning of the Franks, he could find nothing certain: notwithstanding he had seen an ancient Book of a certain Historian of theirs, called, Salpitius Alexander; who affirms nothing, either of their first Habitations, or the Beginnings of their Domination.

But we have found out, that these People originally came from that Country which lies between the Rhine and the Elb, and is bounded on the West by the Sea, almost in the same Tract where the greater and the lesser Chauci dwelt. "A People (says Tacitus) the most noble among all the Germans, who founded their Greatness and maintained it by Justice." These were next Neighbours to the Batavians; for 'tis agreed on all Hands, that the Franks had their first Seats near the Sea-shore, in very marshy Grounds; and were the most skilful People in Navigation, and Sea-fights, known at that time: Whereof we have the following Testimonies. First, in Claudian, who congratulating Stilicon's Victory, writes thus;

—Ut jam trans fluvium non indignante Chayco Paseat Belga pecus, mediumque ingressa per Albin Gallica Francorum montes armenta pererrent.

In which Place he makes use of a Poetical License, and calls those People Chayci, which the Geographers call Chauci. Now that they were seated near the Sea, that Panegyrical Oration made to Constantine the Great, is a Testimony: "Quid loquar rursus, &c. What should I speak more of those remote Nations of the Franks, transplanted not from Places which the Romans of old invaded; but plucked from their very original Habitations, and their farthest Barbarous Shores, to be planted in the waste Places of Gallia; where with their Husbandry, they may help the Roman Empire in time of Peace; and with their Bodies, supply its Armies in time of War—." And in another Panegyrick, by Eumenius the Rhetorician, we find this Passage, "Aut hæc ipsa, &c. Or this Country, which was once overspread with the Fierceness of the Franks, more than if the Waters of their Rivers, or their Sea, had cover'd it;" but now ceases to be barbarous, and is civilized. To the same Purpose is Procopius Testimony, in his first Book of the Gothick War; for where he describes the place where the Rhine falls into the Ocean; "In these Parts (says he) there are great Marshes, where of old the Germans dwelt; a barbarous People, and at that time of small Reputation, which now are called Franks—." And Zonaras, in the 3d Tome of his Annals, quotes this very Passage of Procopius. Also Flavius Vopiscus, in his Life of Probus, tells us, That the Franks were discomfited by Probus in their inaccessible Marshes.—Testes sunt Franci inviis strati paludibus. Also Sidonius Apollinaris says thus;

"Francorum & penitissimas paludes,

Intrares venerantibus Sicambris."

Now what we have said concerning the Neighbourhood of the Franks to the Chauci, may be plainly proved by comparing of Places, and the Descriptions of their particular Seats. Those of the Chauci are described by Pliny, lib. 16. cap. 1. Those of the Franks by the Rhetorician Panegyrist, above mentioned: For Pliny says thus, "We have seen in the Northern parts the Nations of the Chauci, called Majores & Minores, where twice every 24 Hours the Ocean is forcibly driven in a great way over the Land; thro' a vast Passage which is there, making it a perpetual Controversy of Nature; and a Doubt, whether it ought to be reckon'd part of the Land or of the Sea."

The Panegyrist speaks in these Terms, "—Quanquam illa Regio, &c. When thy noble Expeditions, O Cæsar, have proceeded so far, as to clear and conquer that Country, which the Rhine runs through, with his cunning Mæanders or Windings, [Meatibus callidis, for so it must be read, and not Scaldis, as in some Copies,] and embraces in his Arms a Region, which I can scarce call Land; 'tis so soak'd with Water, that not only the Marshy part of it gives way, but even that which seems more firm, shakes when trod upon, and trembles at a Distance under the Weight of the Foot."

We think therefore we have made it plain from what Seats the Nation of the Franks first came into Gallia; that is to say, from that marshy Country which lies upon the Ocean, between the Rivers Elb and Rhine: which may be further confirm'd by this Argument. That the Franks were very well skill'd in maritime affairs, and sail'd far and near all about those Coasts; For so says Eutropius, lib. 9. where he gives a short History of the Emperor Galienus. "After this time, when Carausius had in charge to scour the Sea-coasts of Belgia and Armorica, then infested by the Franks and Saxons, &c." The very same thing Paulus Orosius mentions, lib. 7. Also what the Panegyrist, before cited, says in a certain Place, has Reference to this.— "The Franks (says he) are cruel above all others; the tide of whose warlike Fury surmounting that of their very Ocean it self, carried them to the Sea-coasts of Spain, which they very much infelted with their Depredations." And therefore the Emperor Justinian, when he explains to the General Governor of Africk the duty of his Office, makes mention of those Franks which were seated in a certain part of Gallia, bordering upon Spain.

But we find a very memorable Passage; which highly sets forth the great Glory of their 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 Græcia 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 à Ponto usque correptis navibus, Græciam Asiamque populati, nec impunè plerisque Lybiæ littoribus appulsi, ipsas postremò navalibus quondam victoriis nobiles ceperant Syracusas: & immenso itinere permensi, Oceanum, qua terras rupit intraverant: atque ita eventu temeritatis, offenderant, nihil esse clausum piraticæ desperationi quò navigiis pateret accessus."

And, as farther Arguments of what I have been proving, may be added all those Places in several Authors, which inform us that the Habitations of the Franks were Bordering upon the Batavians. The same Rhetorician, in his Speeches to Maximianus and Constantine, says,—"Many thousand Franks, who had 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.—"Ambassadors (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 Phirassi seated in that Peninsula, which Word he will needs suppose to be corrupted; and that, instead of it, the Word Franci ought to be there: but brings no Reason for his Opinion more than his own mere guess, tho' this Opinion differs manifestly from all other ancient Authors.

As to all those who are pleas'd with Fables, and have deduced the Original of the Franks from the Trojans, and from one Francion, a Son of Priam, we can only say, that they furnish Materials for Poets rather than Historians: And among such, William Bellay deserves the first Place; who, tho' he was a Person of singular Learning and extraordinary Ingenuity; yet in his Book, which treats of the Antiquities of Gallia and France, seems rather to have design'd a Romance, like that of Amadis, than a true History of the Francogallican Affairs.

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 Godfrey of Viterbo to have been, viz. That they had the Name of Franks from their freedom, and from their ferocity, (alluding to the sound, of the words Francos Feroces), because they refused to serve as 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 Ambassadors, offering their Assistance. May the Omen prove lucky! and may the Franks truly and properly deserve that name; who after having shaken off that Yoke of Slavery, imposed upon them by Tyrants, have thought fit to preserve to themselves a commendable liberty even under the Domination of Kings: For to obey a King is not servitude: neither are all who are govern'd by Kings, presently for that Reason to be counted Slaves, but such as submit themselves to the 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 assertors of the publick liberty: And when they constituted Kings, they never intended they shou'd be Tyrants or Executioners, but keepers of their Liberties, Protectors, Governors and Tutors. Such, in short, as we shall describe hereafter, when we come to give an Account of the Francogallican Government.

For, as to what a certain, foolish and ignorant Monk, called John Turpin, has wrote (in his Life, or rather Romance of Charlemagn) concerning the 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 illustrious name, we find in Trebellius Pollios Life of the Emperor Gallienus, about the 260th Year after Christ. His Words are these: "Cum, &c. Whilst Gallienus spent his time in nothing but Gluttony and shameful Practices, and govern'd the Commonwealth after so ridiculous a manner, that it was like Boys play, when they set up Kings in jest among themselves; the Gauls, who naturally hate luxurious Princes, elected Posthumus for their Emperor, who at that time was Gallienus's Lieutenant in Gaul with imperial Authority. Gallienus thereupon commenced a War with Posthumus; and Posthumus being assisted by many Auxiliaries, both of the Celtæ and the Franks, took the Field along with Victorinus—." By which Words we may plainly perceive, that the Gauls crav'd the Assistance of the Franks; that is, of these Authors or Beginners of liberty, to enable them to shake off the Tyrant Gallienus's Yoke: Which same thing Zonaras hints at in his Life of Gallienus, when he says, ἐπολέμισε δὲ ϕράγγοις &c.—We find another mention made of the same People in Flavius Vopiscus's Life of Aurelian, in these Words:—"At Mentz the Tribune of the 6th Legion discomfited the Franks, who had made Incursions, and overspread all Gallia; he slew 700, and sold 300 Captives for Slaves."—For you must not expect that our Franks, any more than other Nations in their Wars, were constantly victorious, and crown'd with Success. On the contrary, we read that Constantine, afterwards call'd the Great, took Prisoners two of their Kings, and exposed them to the Wild Beasts at the publick shews. Which Story both Eutropius in his 9th Book, and the Rhetorician in that Panegyrick so often quoted, make mention of.

And because the same Rhetorician in another place speaks of those Wars in the Confines of the Batavi, which we have shewn not to be far distant from the Franks, I will set down his Words at Length. Multa Francorum millia, &c. "He slew, drove out, and took Prisoners many thousand Franks, who had invaded Batavia, and other Territories on this side the Rhine." And in another Place says, "He clear'd the Country of the Batavians, which had before been possess'd by several Nations and Kings of the Franks; and not satisfied with only overcoming them, he transplanted them into the Roman Territories, and forced them to lay aside their Fierceness as well as their Weapons." From which place we are given to understand, not obscurely, that Constantine, (being constrain'd to do so by the Franks) granted them Lands within the Bounds of the Roman Empire. Ammianus, lib. 15. writes, that the Franks, during the Civil Wars between Constantine and Licinius, sided with Constantine, and fought very valiantly for him. And in other places of the same Book he records, that during the Reign of Constantine, the Son of Constantine, great numbers of Franks were at that Court in high favour and authority, with Cæsar. "Afterwards, says he, Malarichus on a sudden got power, having gained the Franks; whereof at that time great numbers flourish'd at Court."—During the Reign of Julian, call'd the Apostate, the same Franks endeavour'd to restore the City of Cologne (which was grievously oppress'd by Roman Slavery) to its liberty: and forced it, after a long Siege, to surrender thro' Famine; as the same Ammianus tells us, lib. 12. And because one Band of those Franks fix'd their Habitations upon the Banks of the River Sala, they were thereupon called Salii; concerning whom he writes in the same Book,—"Having prepar'd 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 pass'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 Macrianus, with whom Valentinian the Emperor had lately made a Peace on the Banks of the Rhine, in the Territory of Mentz,—"He died, says he, in Francia, whilst he was utterly wasting with Fire and Sword all before him, being kill'd in an Ambush laid for him by that valiant King Mellobandes." Now of this Mellobandes, King of the Franks, the same Author in his following Book gives this Character; "That he was brave and valiant, and upon the score of his Military Virtue constituted great Master of the Houshold by the Emperor Gratianus, and Lieutenant-General (in conjunction with Nannienus) of that Army which was sent against the Lentiates, a People of Germany." Afterwards, by virtue of a Treaty concluded between the Franks and the Emperor Honorius, they defended the Frontiers of the Roman Gallia against Stilicon: For Orosius tells us in his last Book, "That the Nations of the Alani, Suevi and Vandali, being (together with many others) encouraged by Stilicon; pass'd the Rhine, wasted the Territories of the Franks, and invaded Gallia."

After the Emperor Honorius's time, we have very little in History extant concerning the Frank's Warlike Deeds. For to those Times 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 associated Franks and Gauls, and he was created King; of Francogallia presently after his Father Meroveus had been kill'd in a Battel against Attila, during the Reign of Valentinian the Third, a dissolute and profligate Prince. At which time the Angli and Scoti took Possession of Great Britain; the Burgundians of Burgundy, Savoy and Dauphine; the Goths of Aquitain: the Vandals of Africk and Italy, nay of Rome it self; the 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. Ætius was at that time Governor of Gallia, who fearing the Power of Attila, made a League with the Goths, and by their assistance defeated Attila in a Battel; wherein, 'tis said, they slew no fewer than a Hundred and eighty thousand Men. But the Conqueror Ætius 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, pass'd the Rhine, with a great Army; and joyning in Confederacy with many Cities, who assisted in the common Cause of the publick Liberty, possess'd himself at length of the innermost Cities belonging to the Celtæ, 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 Assembly, with great Acclamations of Joy, and universal Congratulation, saluted him King of Francogallia. Of all which particulars, Sidonius Apollinaris, Gregorius Turonensis, Otto Frising, Aimoinus and others are Witnesses; whose Testimonies we shall further produce, when we come to treat of the Manner of the Inauguration of the King.

The Words of the same Otto, in the last Chapter but one of his 4th Book concerning their taking possession of several Cities, are these.—"The Franks, after having pass'd the Rhine, in the first place put to flight the Romans, who dwelt thereabouts; afterwards they took Tournay and Cambray, Cities of Gallia; and from thence gaining ground, by degrees they subdued Rheims, Soissons, Orleans, Cologne and Triers." And thus much may briefly be said touching the first King of Francogallia. To which we shall only subjoin this Remark: [Footnote: Hotoman's Francogallia was written Anno 1573.] That altho' the Francogallican Kingdom lasted from that time to this, almost One thousand two hundred Years; yet during so long a space, there are but three Families reckon'd to have possess'd the Throne, viz. the Merovingians; who beginning from Meroveus, continued it to their Posterity two hundred eighty three Years. The Carlovingians, who drawing their Original from Charles the Great, enjoy'd it 337 Years: And lastly, the 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 nobilitate, Duces ex virtute sumunt; "Their Kings (says he) they chuse from amongst those that are most eminent for their Nobility; their Generals out of those that are Famous for their Valour:" Which Institution, [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 Institution. For so Plutarch, in his Life of Sylla, plainly advises. "Even (says he) as expert Hunters not only endeavour to procure a Dog of a right good Breed, but a Dog that is known to be a right good Dog himself; or a Horse descended from a generous Sire, but a tryed good Horse himself: Even so, those that constitute 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 constituting 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, constituted 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 constituted King by the consent of all the Franks." Also, towards the end of his History of Charles the Great, he says, "The Nobility of the Franks being solemnly assembled 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, constituted him his Associate 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 Embassy 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 Ambassadors 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 Godfrey 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. Ætat. 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 Whoredoms, 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. Godfrey 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 Ægidius 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 Nobleman, 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, Ætat. 6. anno 696. but Sigebertus sub anno 667. imputes a great many of his Crimes to Ebroinus his Favourite and chief General. [Footnote: Præfectus 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 Godfrey, 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 Nobility and Gentry of the Kingdom, as Sigebertus tells us anno 890. Which same thing Godfridus records, part. 17. But more at large Otto Frising, chron. 6. cap. 9. where he adds this memorable Passage,—"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 Godfridus 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 Cæsar, the Goods of the Exchequer; the Goods of the Publick, and Private Goods. The Goods of Cæsar 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 Institutions, 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 assigned to such Children for the Maintenance of their Quality; as Otto Frising, Chron. 5. cap. 9. and Godfrey of Viterbo, tell us, That Dagobert Son of Lotharius being made King, assigned 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 Ambassadors 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 Noble 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 assigned 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. Taron. lib. 3. cap. 1. Aimoinus lib. 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: Guntranus, 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 God. Viterb. tell us, That about the Year 630, when Lotharius the 7th King died, Dagobertus his Son reigned singly in France, and assigned 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 Godefridus, 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 assembled 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 Joannes Nauclerus, and Eguinarthus's History of his Life. Wherein we find almost all Europe so divided among his three Sons, that nothing was assigned 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. assure 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 assigned to younger Brothers: But even of this Law there were various Interpretations, and many Controversies arose concerning Daughters; so that we can deliver nothing for certain in this Affair; only thus much we may truly say, That if the Ancient Institution 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 assigned 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 Title; 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 terrâ Salicâ 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. Ammianus 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 assumed the Imperial Title, 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 Passage.—"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 noble 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, à 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 Constitutions 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, tit. 62. has this in it.—"Of the Salick Land, no Part or Portion of Inheritance passes 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 terræ; [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, tit. 58. Item apud Anglos, tit. 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 assigned 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 Institutions 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 nobly 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 Cæsar, and several others. Aimoinus lib. 1 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 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 Narses, 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 Assistance."

Now when I consider what might be the Reasons of this Institution, 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 Rhodanus 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 Passage of the Poet Lucan is sufficient to confirm.

Et vos Crinigeros bellis arcere Chaycos

Opposui, petitis 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, τριχοραχάτον of which Georgius Cedrenus writes thus in his History, "Ἐλέγοντο δὲ οἱ ἐκ τοῦ γένους ἐκείου καταγόμενοι κριστάτοι, ὅ ἑρμηνεύεται τριχοραχάτοι' εἶχον γὰρ κατὰ τῆς ῥάχεως αύτῶν τρίχας ἐκϕυομένας ὡς χοῖροι" 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 Passage of Cedrenus, I believe, is corrupted, and instead of the Word, κριστάτοι ought to be Σέτάτοι 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 Passage, and the Appellation of Cristati be to be retained, I shou'd rather have thought they might have been called τριχοχάρακτοι, as being remarkable for their large Heads of Hair.

CHAP. X.

The Form and Constitution of the Francogallican Government.

These Things being thus briefly premised, we think it proper now to set forth in what Manner the Kingdom of Francogallia was constituted. And we have already made it plain, that the People reserv'd to themselves all the Power not only of Creating, but also of Abdicating their Kings. Which Form of Government 'tis manifest our Ancestors had; before they were brought under by the Romans, "So that the People (as Cæsar 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 Constitution 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 Constitution 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 Jonvillæus, 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 constituted of a Mixture and just Temperament of the three Kinds of Government, viz. the Regal, Noble, and Popular. Which Form of a Commonwealth, Cicero (in his Books de Republicâ) 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 participating of both, viz. that of the Princes or Nobility; 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 Republicâ; which, because of its singular Elegancy, we shall here insert at length.

"Ut in fidibus (inquit) ac tibiis, atque cantu ipsò, ac vocibus, tenendus est quidam concentus ex distinctis sonis, quem immutatum ac discrepantem aures eruditæ ferre non possunt; isque concentus ex dissimillimarium vocum moderatione concors tamen efficitur, & congruens; Sic ex summis, & mediis, & infimis interjectis ordinibus, ut sonis, moderatâ ratione civitas, consensu dissimillimorum, concinit, & quæ harmonia a musicis dicitur in cantu, ea est in Civitate concordia: arctissimum atq; optimum in Repub. vinculum incolumitatis, quæ fine justitiâ 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 constituting their Commonwealth, most wisely ordained, that every Year on the Calends of May, a Publick Council of the whole Nation should be held: at which Council the great Affairs of the Republick shou'd be transacted by the common Consent and Advice of all the Estates. The Wisdom and Advantage of which Institution, appears chiefly in these three things: First, That in the Multitude 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 Multitude 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 Appetite 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 Lusts.

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 constituting 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 Nobles, 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 Institution 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 instituted in Greece (as Suidas 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 Thermopylæ, and deliberate concerning all the weighty Affairs of the Kingdom and Commonwealth: For which Reason, Cicero calls this the Common Council of Græcia, Pliny calls it the Publick Council.

We find the like Wisdom in the Constitution 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 Passage 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 Institution 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 cumbred with the Opinions of an unskilful Multitude, (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 justitia 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 Fortitude 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 constituted by the Laws of our Ancestors, upon the Bottom above-mention'd, and participating 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 Assembly 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 Assembly: But as soon as he was arrived at the Court, or rather indeed the Venerable Palace of the Republick, the Nobles conducted the King to the Golden Throne; and the rest took their Places (as we said before) according to their Degrees. This State, and in this Place, was what was called Regia 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 assembling 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: καττά δὲ τὸν Μάῖον μῆνα προκαιθέσεσαι ἐπὶ παντὸς τοῦ ἔθνους καὶ προσκυνῑν αὐτοῑς καὶ ἀντιπροσκυνῑσθαι ὑπ' αὐτῶ, δωροϕορεῖσθαί τε καττὰ συνήϕειαν καὶ ἀντιδιδόναι αὐτοῑς.

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 Principality obliges us to call you together Francigenæ 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 Ambassadors, &c. Again, Lib. 5. cap. 31. The General Placitum was held on the Ides of June, in the Town Dusiacum."

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. 4. cap. 109. In the middle of the Month he held the General Convention at Thionville, where there was a very great Appearance of the People of the Franks; and in this Placitum, the singular Compassion of the most Pious Emperor eminently show'd it self, &c."

Now it was the Custom in that Council to send Presents from all Parts to the King; as may appear from many Places which might be quoted, wherein that Council is called Conventus Generalis. Aimoinus, lib. 4. cap. 64. speaking of King Pipin—"He compell'd them (says he) to promise they would obey all his Commands, and to send him every Year at the Time of the General Convention, Three Hundred Horses, as a Gift and Token of Respect. Item, cap. 85. Not forgetting the Perfidy of the Saxons, he held the General Convention beyond the Rhine, in the Town of Kufftein, according to the usual Custom."

This Council was sometimes called by another Name, Curia, the Court; from whence proceeded the common Saying, when People went to the King's Hall or Palace, we are going to Court; because they seldom approach'd the King, but upon great Occasions, and when a Council was call'd. Aimoinus, lib. 5. cap. 50. "Charles, (says he) the Son of the Danish King, sued (or prosecuted) several Noblemen of Flanders very conveniently at this Curia, or Court. Item, cap. sequenti; Henry King of the Romans being dead, at that Great and General Court, Curia, held at Mentz. &c. Also Otto Frising. Lib. Frideric. I. cap. 40. After these Things, the Prince enter'd Bavaria, and there celebrated a General Curia, Court, in the Month of February. Item, cap. 43. Conrade King of the Romans, calling the Princes together at Francfort, a City of East France, celebrated there a General Court."

CHAP. XI.

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

We think it necessary in this Place to consider what Kind of Affairs were wont to be transacted in this general Annual Council, and to admire the great Wisdom of our Ancestors in constituting our Republick. We have (in short) observed that they are these that follow. First, the Creating or abdicating of their Kings. Next, the declaring of Peace or War. The making of all Publick Laws: The Conferring of all great Honours, Commands, or Offices belonging to the Commonwealth: The assigning of any part of the deceased King's Patrimony to his Children, or giving Portions to his Daughters, which they usually called by a German Name Abannagium; that is, pars exclusoria, a Part set out for younger Children. Lastly, all such Matters as in Popular Speech are commonly called Affairs of State: Because it was not lawful to determine or debate of any Thing relating to the Commonwealth, but in the General Council of the States.

We have already produced sufficient Proofs of the Electing and Abdicating their Kings, as well from the last Will and Testament of Charles the Great, as from several other Authors: To which we will add this one Passage more out of Aimoinus, lib. 5. cap. 17. where speaking of Charles the Bald, he says thus,—"Having summon'd a General Council at [Footnote: Crecy.] Carifiacum, he there first gave his Son Charles arma virilia; that is, he girt him with a Sword, or knighted him, and putting a Regal Crown upon his Head, assign'd Neustria to him, as he did Aquitain to Pippin."

Now concerning the Administration of the Kingdom, Aimoinus gives us this remarkable Instance, lib. 5. cap. 35. speaking of Charles the Bald. "Charles (says he) being about taking a Journey to Rome, held a general Placitum on the Kalends of June at Compeign; and therein was ordained under particular Heads, after what Manner his Son Lewis should govern the Kingdom of France, in Conjunction with his Nobles, and the rest of the Faithful People of the Realm, till such time as he returned from Rome."