Chapter 10
We may further observe, from very many Instances, that whenever the King had any expensive Design in Hand, such as the Building of Churches or Monasteries, he took first the Advice of the _Council_ of the _Estates_. For _Aimoinus_, lib. 4. cap. 41. where he speaks of _Clodoveus_ the Second, tells us, that sitting on his Throne, he began his Oration to the _General Council_ in these Words.--"_Quamquam Franciginæ cives, &c._ Altho' (says he) the Care I ought to take of my Kingdom, obliges me to take your Advice in all Matters relating to the Publick, &c."
And thus much may suffice on this Point. From all which we think it appears plainly, that the whole Power of the Administration of the Kingdom was lodg'd in the _Publick Council_, which they called _Placitum_; because according to the Idiom of the _Latin_ Tongue, _that_ is properly termed _Placitum_, which after having been proposed and debated in a Council of many Persons, is at last agreed to, and resolved upon by them. And therefore _Cicero_, with others of the Ancients, were wont to call such-like Determinations, _Placita Philosophorum_.
Since therefore the Matter is so, I hope the Opinion which we have formerly given in some of our other Books, will not be esteemed absurd; _viz._ That the common Form used by the King's Secretary in the last Clause of our Ordinances and Edits, _Quia tale est PLACITUM nostrum_, arises from hence: For anciently those Laws were written in the _Latin Tongue_, (as is sufficiently proved by _Aimoinus_, the _Capitulary of Charles the Great_, and many other Records); but afterwards when the King's Secretaries or Clerks began to make Use of the Vulgar Tongue, thro' Ignorance, or rather Malice, they translated it thus,--_Car tel est nostre Plaisir: For such is our Will and Pleasure_.
Now as to the _Power_ of the _People_, we have this farther Argument extant in the same Capitulary of _Charles the Great_.--"Let the _People_ (says it) be consulted touching all the Heads of the new Laws, which are to be added to the former; and after they have _all given their Consents_, let them set their Hands and Seals to every Article."
From which Words, 'tis apparent that the People of _France_ were wont to be bound by such Laws _only_, as they had publickly agreed to in their _Parliaments_. Also _in fine Leg. Aleman._ we find this Passage.--"This is decreed by the _King_ and his _Nobles_, and all the Christian _People_ which compose the Kingdom of the _Merovingians_." Also _Aimoinus_, lib. 5 cap. 38.--"In this _Placitum_ the Laws which follow were agreed upon, to be observed between them, by the _Consent_ of the faithful _Subjects_.--An Agreement made between the Glorious Kings, &c. by the _Advice_ and _Consent_ of their faithful Commons, &c."
Lastly, we cannot omit observing, that so great was the _Reputation_ and _Authority_ of this _General Council_, even among _Strangers_, that _foreign Princes_ submitted to have their Controversies and Differences decided by it. The _Appendix_ to _Greg. Turon._ lib. 11. cap. 37. _Anno_ 12. of _Theodorick_'s Reign, has this Passage in it.--"When _Alsaciones_, [perhaps _Alsatia_] in which Country he had been brought up, and which was left him by his Father _Childebert_, fell nevertheless to _Theodebert_, according to the Custom in Use among the _Barbarians_; the two Kings agreed that their Difference should be decided by the judgment of the _Franks_, (in _Salocissa castro_) in their Camp near the River _Sala_."
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CHAP. XII.
_Of the Kingly Officers, commonly call'd_ Mayors of the Palace.
Before we treat farther of the _uninterrupted Authority_ of the _Publick Council_, we think it not improper to say somewhat of those Regal great Officers, which, during the _Merovingian_ Race were called (_Majores domus_) Masters, or _Mayors of the Palace_. These having for some Time encroach'd upon the Kingly Power, finding at last a fit Opportunity, seiz'd upon it entirely as their own. Their Dignity near the Persons of our Kings seems to have been much the same with that of _Præfecti Pretorio_, or Generals of the Guards in the Time of the _Roman_ Emperors, who were sometimes also titled _Aulæ Præfecti_. They were usually appointed in and by the same _Convention_ which chose the _Kings_, and were wont to be Chiefs or Heads of the _Publick Council_. And upon this Account we frequently meet with such-like Expressions as these among our Historians.--"They elected such and such a Man to the Dignity of _Mayor of the Palace_. _Herchinold, Mayor of the Palace_, being dead, the _Franks_ conferr'd that Dignity upon _Ebroinus_, and appointed him to be _Mayor_ in the King's Court." Also--"They chose _Hilderick_ for their _King_, and _Wolfold_ for _Mayor of the Palace_." Which Quotations of ours might indeed have been made as properly in out foregoing Chapter, where we proved that the greater Employments were not usually given by the _Kings_, but appointed by the Yearly _General_ Council, and conferred upon Men of the greatest Fidelity and Probity.
But in this Magistracy, the same Thing hapned, which _Plutarch_ tells us (in his Life of _Lysander_) came to pass when _Agesilaus_ was appointed by the _Lacedemonians_ to be _General_ of their Army, and _Lysander_ to be Legate or Lieutenant-General: "Even as in Stage-Plays, (says he) the Actors who represent a Servant or Messenger, have better Parts, and are more regarded than him that wears the Crown and Scepter, who scarce speaks a Word in the whole Play: So the chief Authority and Command was lodg'd in _Lysander_, whilst with the _King_ remained only a naked and empty Title."--Just so it fell out in our _Francogallia_; Fair Opportunities of increasing the Power of these _Mayors_ of the Palace, being offer'd by the Sloth and Negligence of our _Kings_; among whom we may reckon _Dagobert, Clodoveus, Clotharius, Childericus, Theodoricus_, &c. For the Author of the History of the _Franks_, often cited by _Venericus Vercellensis_, tho' without naming him, writes, That during the Reign of _Clotharius_, Father of _Dagobert_, the Kingdom of the _Franks_ began to be administred and govern'd by some which were called _Provisores Regiæ_, or _Majores Domus_. The same says _Godf. Viterb. parte Chron._ 16. Whereupon, whilst those _Mayors_ of the _Palace_ executed all the important Affairs of the Commonwealth, and commanded all the Armies in Time of War; and the Kings (spending their Days in Sloth and Idleness) tarried at Home, content with the bare Title of a King; Matters at last were brought to such a Pass, that during the Reign of _Childerick_ the 18th _King_, Pipin, _Mayor of the Palace_, (who in the King's Name had waged great and long Wars, and had overcome and reduced the _Saxons_ to Terms of Submission) finding a fit Occasion to assume the Regal Title which was offer'd him, did not let it slip: Especially seeing himself at the Head of a great and victorious Army, that espoused his Interests. Of which we have the Testimony of many Authors. First, _Otto Frisingius_, Chron. 5. cap. 12. and his Transcriber _Godf. Viterb._ Part. 16. who write thus.--"The Kings of _France_, before the Time of _Pipin the Great_, (formerly _Mayor of the Palace_) were in a Manner but titular Princes, having very little to do with the Government of the Realm." _Sigebertus_ says almost the same Thing _sub Anno_ 662.--"From this Time, (says he) the Kings of the _Franks_ degenerating from their ancient Wisdom and Fortitude, enjoy'd little more than the bare Name of King. They did indeed bear the Title according to Custom, _as being of the ancient Regal Race_; but neither acted nor disposed of any Thing: The whole Administration and Power of the Kingdom, was lodg'd in the Hands of the _Mayor of the Palace_."
Yet in Reading such-like Authorities, we ought to take this Observation along with us. That since _Pipin_ and his Sons laboured (as 'tis probable they did) under a great Load of Envy, for having violently wrested the Royal Dignity from King _Childerick_, they made it their Business to find out and employ _plausible ingenious Historians_, who magnified the Cowardliness of _Childerick_ and his Predecessors, upbraiding them with Sloth and Idleness, beyond what they deserv'd. And among such as these, we may reckon _Eguinarthus_, Chancellor to _Charles_ the _Great_, and one that did him special Service of this Nature; who in the Beginning of his Book writes thus.--"The Family of the _Merovingians_, out of which the _Franks_ used to _Elect_ their Kings, is supposed to have lasted as long as to _Hilderic_; who by the Appointment of Pope _Stephen_, was deposed, shaven, and thrust into a Monastery. Now tho' it may be said to have ended in him, yet in Truth, for a long Time before, it ceased to have any Value or Excellency, bearing the bare empty Title of King. For both the Riches and Power of the Kingdom, were at the Disposition of the _Prefects of the Palace_, commonly called _Majores Domus_; with whom was also lodg'd the Authority of the Empire: Neither was there any Thing left remaining to the King, but only that contenting himself with the Title, he should sit on a Throne, wearing his Hair and Beard very long, and representing the Person of a Ruler; sometimes giving the first and last Audience to Ambassadors from Foreign Parts, and returning such Answers as were made for him, as if they proceeded immediately from himself. But besides the unprofitable Name of a King, and a precarious Allowance for his private Expences, (which the Mayor of the Palace was pleased out of Bounty to give him) he had nothing that he could call his own, except one Village of very small Revenue, where he had a little House, and a few Servants, barely sufficient for his necessary Occasions, &c."
_Sigebertus, sub Anno 662._ taking _Eguinarthus_ for his Pattern, inveighs against the former Kings in almost the same contumelious Terms. "Whose Custom (says he) it was, indeed, to make an Appearance like a Prince, according to what had been usual to their Family; but neither to act, nor dispose of any thing, only to tarry at Home, and to Eat and Drink like Irrational Creatures."--As if the like Sloth and Cowardise ought to be imputed to all the former Kings, among whom we nevertheless find many brave Men, such as _Clodoveus_, who not only defeated a great Army of _Germans_, which had made an Irruption into _France_, in a great Battel near _Tolbiacum_; but also drove the Remainder of the _Romans_ out of the Confines of _Gallia_. What shall we say of _Childebert_ and _Clotharius_, who rooted the _Visigoths_ and _Ostrogoths_ out of _Provence_ and _Aquitain_, where they had seated themselves? In the Histories of all which Princes, there is no Mention made of any _Mayor of the Palace_, but cursorily, and by the By, as one of the _King's Servants_. This we may see in _Gregorius_, lib 5. cap. 18, where he speaks of _Gucilius_, _Lib. 6. cap. 9._ and _cap. 45. Lib. 7. cap. 49._ And we find this Employment to have been not only in the _King's_ Palace, but also in the _Queen's_: For the same _Gregorius_, lib. 7. cap. 27. mentions one _Waddo_ as _Mayor_ of the _Palace_, in the Court of _Queen Riguntha_: And in very many other Places of their Histories, we find both _Gregorius_ and _Aimoinus_ making Mention of these _Masters of the Court_ and _the King's House_.
Now the first Beginning of the great Authority of these _Præfecti Regii_, was (as we told you before) during the Reign of King _Clotharius_ the Second, about the Year of our Lord 588. that is, about 130 Years after the constituting the _Francogallican Kingdom_; which we may also learn from the before-mention'd Historian, so often quoted by _Venericus_.
Yet there are two other Historians, (tho' not of equal Credit) _Sigibertus_ and _Trithemius_, who refer the Beginning of so great a Power in the _Mayor of the Palace_, to the Reign of _Clotair_ the Third; whose _Magister Palatii_ was one _Ebroinus_, a Man of extraordinary Wickedness and Cruelty: But however this may be, we find Historians calling them by several other Appellations; such as _Comites Domus Regie, Præfecti Aulæ, Comites Palatii, &c._
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CHAP. XIII.
_Whether_ Pipin _was created King by the_ Pope, _or by the Authority of the_ Francogallican Council.
Having in the former Chapter given an Account, that after the Expulsion of _Childerick_, (a stupid Prince, in whom the Line of the Merovingians ended) _Pipin_, from being _Mayor of the Palace_, was created _King_; It will be worth our Enquiry, to know by whose Authority the Kingdom was conferr'd upon him. For _Pope Gelasius_ says thus, _Cap. 75. Quest. 6._ --"_A Roman Pope_, viz. _Zacharias_, deposed the King of the _Franks_, not so much because of his evil Actions, as because he was stupid, and unfit for the Exercise of so great a Trust; and in his Stead, substituted _Pipin_, Father of _Charles_ the Emperor: Absolving all the _Franks_ from the Oath of Allegiance to _Childeric_."
And there is scarce an Author who does not acquiesce in this Testimony of one _Pope_, concerning the Power of another: Thus _Ado, Lambertus, Rhegino, Sigibertus, Aimoinus, Landulphus_, nay, even _Venericus Vercellensis_, (in the Book which we formerly quoted) cites these Words out of the Epistle of _Pope Gregory_ the VIIth. to _Herman_ Bishop or _Metz_; viz. "A certain _Pope of Rome deposed_ the _King_ of the _Franks_ from his Kingdom, nor so much for his Wickedness, as his being unfit for so great a Power; and after having absolved all the _Franks_ from the Oath of Fidelity they had sworn to him, placed _Pipin_ in his Room.--Which _Otto Frisingius_, lib. Chron. 5. cap. 23. and _Godfrey_, Chron. Part. 17. laying presently hold of, break out into this Exclamation--From this Action, the Popes of _Rome_ derive an Authority of changing and deposing Princes, &c."
But pray let us enquire whether the Truth of this Story, as to the Matter of Fact, be sufficiently proved and attested. For in the first Place, 'tis manifest, That _not one_ of all that _great Number of Kings_ of the _Franks_, which we have instanced to have been Elected or Abdicated, was either created or abdicated by the Pope's Authority. On the contrary we have irrefragably prov'd, that the whole Right, both of _making_ and _deposing_ their Kings, was lodg'd in the yearly _great Council_ of the Nation; so that it seems incredible the _Franks_ shou'd neglect or forgo their Right, in this single Instance of _Pipin_. But to make few Words of this Matter, _Venericus Vercellensis_ gives us the Testimony of an ancient Historian, who has written of all the _Francogallican_ Affairs; whereby that whole Story of the _Pope_, is prov'd to be a Lye: And 'tis clearly demonstrated, that both _Childerick_ was deposed, and _Pipin_ chosen in his room, according to the _usual_ Custom of the _Franks_, and the _Institutions_ of our Ancestors: That is to say, by a _solemn General Council of the Nation_; in whose Power _only_ it was, to transact a Matter of so great Weight and Moment; as we have before made it appear. The Words of that Historian are these:--"That by the _Counsel_, and with the _Consent_ of all the _Franks_, (a Relation of this Affair being sent to the Apostolick See, and its Advice had) the most noble _Pipin_ was advanced to the Throne of the Kingdom, _By the Election of the whole Nation_, the Homage of the Nobility, with the Consecration of the Bishops, &c." From which Words, 'tis most apparent that _Pipin_ was not appointed King by the _Pope_, but by the _People themselves_, and the _States of the Realm_. And _Venericus_ explains this Matter out of the same Historian. "_Pipin, Mayor_ of the Palace (says he) having all along had the Administration of the Regal Power in his Hands, was the first that was appointed and elected to be King, from being _Mayor of the Palace_; the _Opinion_ of _Pope Zachary_ being first known, because the Consent and _Countenance_ of a Pope of _Rome_, was thought necessary in an Affair of this Nature."--And presently after he tells us; "The Pope finding that what the Ambassadors had deposed was just and profitable, agreed to it; and _Pipin_ was made King by the unanimous Suffrages and Votes of the Nobility, &c."--To the very same Purpose writes _Ado of Vienna_, Ætat. 6. _sub Anno 727._--"Ambassadors (says he) were sent to Pope _Zacharias_, to propose this Question to him; Whether or no the Kings of the _Franks_, who had scarce any _Power_ in their Hands, but contented themselves with the bare _Title_, were fit to continue to be _Kings_?" To which _Zacharias_ return'd this Answer,--"That he thought the _Person who governed_ the Commonwealth, ought rather to have also the _Title_ of King: Whereupon the _Franks_, after the Return of the Ambassadors, cast out _Childeric_, who then had the Title of King; and by the _Advice_ of the _Ambassadors_, and of Pope _Zacharias, Elected Pipin_, and made him King."
Besides the above Proofs, we have _Aimoinus's_ Testimony to the same Purpose, _lib. 4. cap. 61._ where he concludes thus.--"This Year _Pipin_ got the Appellation of King of the _Franks_, and according to their ancient Customs was elevated to the Royal Throne in the City of _Soissons_, &c." Nay, even _Godfrey of Viterbo_ himself; _Chron. part. 17. cap. 4._ "_Pipin_ (says he) was made King by Pope _Zacharias_, (_ex electione Francorum_) through the _Election_ of the _Franks_, _Hilderic_ their slothful King being, by the _Franks_, thrust into a Monastery."
In like Manner _Sigebertus_, sub Anno 752.--The Authors of the _Miscellany History_, lib. 22.--_Otto Frising._ lib. 5. Cap. 21, 22, 23. And the Author of the Book intituled _Fasciculus temporum_, do all clearly agree in the Account given of this Transaction. From which we may easily gather, that altho' the _Franks_ did _consult_ the _Pope_ before they created _Pipin_ King, yet it cannot therefore be any Ways inferr'd from thence, that he was made King by the _Pope's Authority_; for 'tis one Thing to make a King, and another to give Advice touching the making him: 'Tis one Thing to have a Right of Creation, and another that of only giving Advice; nay; no Man has a Right of so much as giving Advice in Matters of this Nature, but he whose Advice is first ask'd.
Lastly, no Man has more clearly explain'd this whole Matter than _Marsilius Patavinus_; who during the Reign of _Lewis_ of _Bavaria_, writ a Book--_de translatione imperii_, in which, _Cap. 6._ he has these Words.--"_Pipin_, a very valiant Man, and Son of _Charles Martel_, was (as we read) raised to the Dignity of being King of the _Franks_, by _pope Zacharias_. But _Aimoinus_ more truly informs us, in his History of the _franks_, that _Pipin_ was _legally elected_ King by the _Franks_ themselves, and by the Nobility of the Kingdom was placed in the Throne. At the same Time _Childeric_, a dissolute Prince, who contenting himself with the bare Title of a King, wasted both his Time and Body in Wantonness, was by them shaven for a Monk: So that _Zacharias_ had no Hand in the deposing him, but consented (as some say) to those that did. For such deposing of a King for just Causes, and electing of another, does not belong to any Bishop or Ecclesiastick, nor to any College of Clergymen; but to the _whole Body of citizens_ [ad universitatem civium] inhabiting that Region, and to the Nobles of it, or to the Majority of them both." Therefore those Pretences of the _Popes_, to a Power of _creating_ or _abdicating_ Kings, are apparently false to every Body. But besides this fabulous Device, which is a sufficient Instance of their Wickedness and Malice, I think it worth my while to add a remarkable Letter of Pope _Stephen_, adapted to the foregoing Fable; by which we may make a judgment of the Madness and folly of that old crafty Knave. This Letter is extant in _Rhegino_, a Benedictine Monk, and Abbot of _Prunay_, [Footnote: _Abbot Pruniacensis_] an irrefragable Testimony in an Affair of this Nature; 'tis in _Chron. anni_ 753.--"_Stephen_ the Bishop, Servant of the Servants of God, &c. As no Man ought to boast of his Merits, so neither ought the wonderful Works of God which are wrought upon his Saints without their Desert, to be buried in Silence, but published abroad as the Angel admonished _Tobias_. I being constrained thro' the Oppression of the holy Church, by that most wicked, blasphemous, and not worthy to be named Wretch, _Aistolphus_, to fly for Refuge to that _excellent and faithful Votary of St._ Peter, _Lord_ Pipin, the most _Christian_ King, took my Journey into _France_; where I fell into a mortal Distemper and remained some Time in the District of _Paris_, in the venerable Monastery of St. _Denis_ the Martyr. And being now past Hopes of Recovery, methought I was one Day at Prayers in the Church of the same blessed Martyr, in a Place under the Bells: And that I saw standing before the great Altar our Master _Peter_; and that great Master of the _Gentiles_, our Master _Paul_; whom I knew very well by their Vestments. And a little after, I saw the blessed _Lord Denis_, a tall and slender Man, standing at the Right Hand of our Lord _Peter_. And then that good Pastor the Lord _Peter_ said--This good Brother of ours asks for Health. Then reply'd the blessed _Paul_--He shall be healed presently. And thereupon approaching to our Lord _Denis_, he amicably put his Hand upon his Breast, and look'd back upon our Lord _Peter_, and Lord _Peter_ with a chearful Countenance said to our Lord _Denis_, His Health shall be your particular Act of Favour. Then presently Lord _Denis_ taking a Censer full of Incense, and holding a Branch of Palm-tree in his Hand, accompanied with a Presbyter and Deacon, who assisted him, came near to me, and said, Peace be with thee, Brother, be not afraid, thou shalt not die until thou return in Prosperity to thy own See. Rise and be healed, and dedicate this Altar to the Honour of God, and the Apostles St. _Peter_ and St. _Paul_, whom thou seest standing before thee, with Masses of Thanksgiving. Whereupon I was presently made whole. And being about to accomplish that which I was commanded to do, they that were present said I was mad. So I related all that I had seen, to them, to the King, and all his People, and how I had been cured; and I fulfilled all that I was bid to do. These Things happen'd in the 753d Year, from the Incarnation of our Lord on the Ides of _August_; at which Time being strengthned by the Power of _Christ_, between the Celebration of the Consecration of the above-mention'd Altar, and the Oblation of the Sacrifice, I anointed King _Pipin_ and his two Sons, _Charles_ and _Carloman_, Kings of the _Franks_. Moreover, I laid Hands upon, and blessed _Bertranda_ the King's Wife, cloathed with her Royal Mantle, and the Grace of the Sevenfold Holy Spirit: And the Nobles of the _Franks_ being sanctified by the Apostolical Benediction, and the Authority delivered by _Christ_ to St. _Peter_, obliged themselves solemnly, and protested, That neither they, nor any of their Posterity, wou'd at any Time hereafter, presume to constitute any Person, as King over them, but only such as were of the Race of King _Pipin_."
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CHAP. XIV.
_Of the_ Constable, _and_ Peers _of_ France.