Chapter 11

Besides the great Office of _Mayor_ of the _Palace_ before spoken of, there was another which we must take Notice of; because it seems, in the Memory of our Forefathers, to have succeeded in Place of the former: And that was the Office of _Count_ of the _King's Stable_; called at first, _Comes stabuli_; and by Corruption at last, _Connestabuli_. Now all those who enjoy'd any extraordinary Honours or Employments in the King's Court, and assisted in the Administration of the Commonwealth, were commonly called _Comites, Counts_; which was likewise the Custom of the Ancients, as I have in some other of my Works demonstrated. So _Cicero_, in many Places, calls _Callisthenes, Comitem Alexandri magni_. This _Comes stabuli_ was in a Manner the same with the _Magister Equitum_ among the _Romans_, that is, _General_ of the _Horse_; to whom were subject those Keepers of the Horses commonly called _Querries_. _Greg. Turen_ lib. 5. cap. 39. says,--"The Treasurer of _Clodoveus_ being taken out of the City of _Bourges_, by _Cuppan_, _Count_ of the _Stable_, was sent in Bonds to the Queen, &c." And again, _cap._ 48. where he speaks of _Leudastes_,--"She took him (says he) into Favour, rais'd him, and made him Keeper of the best Horses; which so filled him with Pride and Vanity, that he put in for the _Constableship_; [_Comitatum Stabuloram_] and having got it, began to despise and undervalue every Body." From these Quotations it appears, that tho' the Custody of the Horses was a very honourable Employment, yet 'twas much inferior to that of _Constable_. _Aimoinus_, lib. 3. cap. 43. gives the same Account of this _Leudastes_.--"Being grown very intimate with the Queen, he was first made Keeper of the Horse; and afterwards obtaining the Constableship above the rest of the Keepers, he was (after the Queen's Death) made by King _Charibert_, _Count_ of _Tours_." And _cap._ 70. "_Leudegesilus_, Præfect of the King's Horses, whom they commonly call _Constable_, being made General of that Expedition by the King, order'd the Engines to be drawn down &c." Also _lib._ 4. _cap_, 95. where he speaks of _Charles_ the Great,--"The same Year (says he) he sent _Burchard, Comitem Stabuli sui_, which we corruptly call _Constabulum_, with a Fleet against _Corsica_"--. The Appendix to _Gregory_ calls him, _Comestabulum, lib._ II. _Brunechildis_ (says he) was brought out of the Village, _ab exporre Comestabulo_.

This being so, _Albertus Krantzius_, lib. Suet. 5. cap. 41. ventures to affirm, that this _Constable_ was the same with what the _Germans_ call _Mareschal_. "They named (says he) a _Governor_, one of the best Soldiers, who might have the Power of Convocating the _Assembly_ of the Kingdom, and of acting in all Matters like the _Prince_. Our _Countrymen_ call him a _Mareschal_, the French call him _Constable_, &c." This seems the more probable, because I do not remember any Mention to have been made in ancient Times, of a _Mareschal_ in our _Francogallia_; so that 'tis very likely to have been an Institution of our latter Kings, accommodated to the Custom of the _Germans_.

That this _Comitatus Stabulorum_, a _Constableship_, had its Rise from the Institution of the _Roman Emperors_, I do not at all question; altho' it grew by Degrees among us from slender Beginnings, to the Heighth of chief _Governor_ of the _Palace_. In former Times that Dignity was a Sort of _Tribunatus Militaris. Ammianus_, lib. 26. has this Expression where he speaks of _Valentinian_ the Emperor,--"Having fixed his Stages, or Days Journeys, he at last entred into _Nicomedia_; and about the Kalends of _March_, appointed his Brother _Valens_ to be Governor of his Stables, _cum tribunatus dignitate_, with _tribunitial Dignity_." What Kind of Dignity that was, we may find in the Code of _Justinian_, lib. 1. Cod. _de comitibus & tribunis Schol._ Where 'tis reckoned as a great Honour for them to preside over the Emperor's Banquets, when they might adore his Purple. Also in _lib. 3. Cod. Theodos. de annon. & tribut, perpensa, 29. Cod. Theod. de equorum Collatione & lib. 1. Cod. Theod._ wherein we may find a Power allowed them, of exacting Contribution to a certain Value from the Provincials who were to furnish War-Horses for the Emperor's Service.

It now remains that we discourse a little of those Magistrates, which were commonly called _Peers_ of _France_; whereof we can find no Records or Monuments, tho' our Endeavours have not been wanting. For among so great a Number of Books, as are called Chronicles and Annals of _Francogallia_, not one affords us any probable Account of this Institution. For what _Gaguinus_, and _Paulus Æmilius_ (who was not so much an Historian of _French_ Affairs, as of the _Pope's_) and other common Writers do affirm, to wit, That those Magistrates were instituted by _Pipin_ or _Charlemagn_, appears plainly to be absurd; because not one of all the _German_ Historians, who wrote during the Reigns of those Kings, or for some Time after, makes the least Mention of those Magistrates. _Aimoinus_ himself who wrote a History of the Military Atchievements and Institutions of the _Franks_, down to the Reign of _Lewis the Pious_, and the _Appendix_, which reaches as far as the Time of _Lewis the Younger_, being the 37th King, speak not one Word of these _Peers_ in any Place of their Histories; so that till I am better inform'd, I must concur in Opinion with _Gervase_ of _Tilbury_, who (as _Gaguinus_ says in the Book which he wrote to the Emperor _Otho_ the IVth, _de otiis imperialibus_) affirms. That this Institution is first owing to King _Arthur_ of _Britain_, who ruled some time in Part of _France_.

For I suppose the Original of that Institution to be this; that as in the _Feudal_ Law such are called, _Pares curie beneficiari_, i. e. _equal Tenants by Homage of the Court_, or _Clientes [Greek: omotimoi], Clients of like holding_, or _Convassilli, Fellow Vassals_, who hold their _Fiefs_ and _Benefices_ from one and the same _Lord_ and _Patron_; and upon that Account are bound to him in _Fealty_ and Obedience: just so King _Arthur_ having acquired a new Principality, selected _twelve great Men_, to whom he distributed the several Parts and _Satrapies_ of his Kingdom, whole Assistance and Advice he made use of in the Administration of the Government. For I cannot approve of their Judgment, who write, that they were called _Peers_, because they were _Pares Regi_, the _King's Equals_; since their Parity his no Relation to the _Regal Dignity_, but only to that Authority and Dignity they had agreed should be common among them. Their Names were these, the _Dukes of Burgundy, Normandy_, and _Aquitain_; the _Counts_ of _Flanders, Tholouse_, and _Champagne_; the _Archbishops_ of _Rheims, Laon_, and _Langres_; the _Bishops_ of _Beauvais, Noyon_, and _Chalons_. And as the _Pares Curtis_, or _Curie_, in the _Feudal_ Law, can neither be created, but by the Consent of the Fraternity; nor _abdicated_, but by Tryal before their Colleagues; nor _impeach'd_ before any other Court of Judicature; so these _Peers_ were not bound by any judgment or Sentence, but that of the _Parliament_, that is, of this imaginary Council; nor could be _elected_ into the _Society_, or _ejected_ out of it, but by their _Fellows in Collegio_.

Now altho' this Magistracy might owe its Original to a foreign Prince; yet when he was driven out, the succeeding Kings finding it accommodated to their own Ends and Conveniences, ('tis most probable) continued and made use of it. The first mention I find made of these _Peers_, was at the Inauguration of _Philip the Fair_, by whom also (as many affirm) the Six _Ecclestastical Peers_ were first created.

But _Budæus_, an extraordinary Learned Man, calls these _Peers_ by the Name of _Patritians_; and is of Opinion that they were instituted by one of our Kings, who was at the same Time _Emperor_ of _Germany_; because, _Justinian_ says, those _Patres_ were chosen by the _Emperor_, _quasi Reipub. patronos tutoresque_, as it were _Patrons_ and _Tutors_ of the Commonwealth. I do not reject this Opinion of that Learned Person; such a Thing being very agreeable to the Dignity of these _Peers_. For in the Times of the later _Roman Emperors_, we find the _Patritian_ Dignity not to have been very unlike that of the _Peers_; because (as _Suidas_ assures us,) they were (partly) the _Fathers of the_ Republick, and were of _Council_ with the Emperor in all weighty Concerns, and made use of the same Ensigns of Authority with the _Consuls_; and had greater Honour and Power than the _Præfectus Prætorio_, tho' less than the _Consul_; as we may learn _ex Justiniani Novellis_; from _Sidon. Apollin. Claudian_; and _Cassiadorus_ especially.

But when the _Empire_ was transferr'd to the _Germans_, we do not believe this Honour was in use among them. Neither is it likely, that none of the _German_ Historians should have made the least Mention of it, if any _Patritians_ of that Kind had been instituted by a _German_ Emperor, who at the same Time was King of _Francogallia_.

Lastly, The same _Budæus_ tells us in that Place, tho' a little doubtingly, that the like Dignity of _Peers_ had been made use of in other neighbouring Nations; and that in the _Royal Commentaries, Anno_ 1224, 'tis found written, that a certain Gentleman of _Flanders_, called _Joannes Nigellanus_, having, a Controversy there, appeal'd from the _Countess_ of _Flanders_ to the _Peers_ of _France_; having first taken his Oath that he could not expect a fair and equal Tryal before the _Peers_ of _Flanders_. And when afterwards the Cause was by the _Countess_ revok'd to the judgment of the _Peers_ of _Flanders_, it was at Length for certain Reasons decreed, that the _Peers_ of _France_ should take Cognisance of it. What the Reasons were of transferring, that Tryal, _Budæus_ does not tell us; which one versed in the _Feudal_ Laws should never have omitted. But 'tis Time to return to our principal Business.

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CHAP. XV.

_Of the_ continued _Authority and Power of the_ Sacred Council, _during the Reign of the_ Carlovingian _Family_.

We have, as we suppose, sufficiently explain'd what was the Form and Constitution of our Commonwealth, and how great the Authority of the _Publick Council_ was during the Reigns of the Kings of the _Merovingian_ Family. We must now proceed to give an Account of it under the _Carlovingian_ Race. And as well all our _own_ as the _German_ Historians, give us Reason to believe that the very same _Power_ and _Authority_ of the _Orders_ or _States_ of the Kingdom, was kept entire. So that the last Resort and Disposal of all Things, was not lodged in _Pipin_, _Charles_, or _Lewis_, but in the _Regal Majesty_. The true and proper Seat of which was (as is above demonstrated) in the _Annual General Council_. Of this _Eguinarthus_ gives us an Account, in that little Book we have already so much commended. Where, speaking of what happen'd after the Death of _Pipin_, he tells us, "that the _Franks_ having solemnly assembled their general Convention, did therein constitute both _Pipin_'s Sons their Kings, upon this Condition, That they should equally divide the whole Body of the Kingdom between them; and that _Charles_ should govern that Part of it which their Father _Pipin_ had possess'd, and _Carlomannus_ the other Part which their Uncle _Carlomannus_ had enjoy'd, &c." From whence 'tis easily inferr'd, that the _States_ of the Kingdom still retain'd in themselves the same Power, which they had always hitherto been in Possession of (during near 300 Years) in the Reigns of the _Merovingian_ Kings. So that altho' the deceased King left Sons behind him, yet there _came not_ to the Crown so much thro' any _Right of Succession_, as thro' the _Appointment_ and _Election_ of the _States_ of the _Realm_. Now that all the other weighty Affairs of the Nation used to be determined by the same _General Council_, _Aimoinus_ is our Witness, _lib._ 4. _cap._ 71. where he speaks of the War with the _Saxons_. "The King (says he) in the Beginning of the Spring went to _Nimeguen_; and because he was to hold a General Convention of his People at a Place called _Paderburn_, he marched from thence with a great Army into _Saxony_." And again, _cap._ 77.--"Winter being over, he held a Publick Convention of his People in a Town called _Paderburn_, according to the _yearly Custom_." Also _cap._ 79.--"And meeting with his Wife in the City of _Wormes_, he resolved to hold there the _General Council_ of his People." In all which Places he speaks of that _Charles_, who thro' his warlike Atchievements had acquired the Dominion of almost all _Europe_, and by the universal Consent of Nations had obtained the Sirname of the _Great_: Yet for all that it was not in his Power to deprive the _Franks_ of their _ancient Right and Liberty_. Nay, he never so much as endeavour'd to undertake the least Matter of Moment without the _Advice_ and _Authority_ of his _People_ and _Nobles_. And there is no doubt of it, after _Charles_'s Death, _Lewis_ his Son administred the Kingdom upon the same Terms and Conditions. For the _Appendix_ to _Aimoinus_, lib. 5. cap. 10. tells us, that when _Charles_ was dead, _Lewis_ the Emperor, thro' a certain Kind of Foreknowledge, summon'd the general Council of his People to meet at _Doue_, near the _Loire_. And again, _cap._ 38. where he makes Mention of the Articles of Peace, concluded between King _Lewis_ and his Cousin _Lewis_, "--They summoned, says he, a PLACITUM, and in that PLACITUM, by the Advice and Consent of their faithful Subjects, they agreed to observe and keep the Articles which follow. In which _Placitum_ it was also by common Consent found convenient, that both Kings should return with a Guard [_redirent cum scarâ_] _&c._" Also _cap._ 41. where he speaks of _Carloman_ the Son of _Lewis the Stammerer_,--"And so (says he) he departed from the _Normans_, and returned to _Wormes_, where he was on the Kalends of _November_ to _hold his Placitum_." Also in the following Chapter, where he speaks of _Charles_ the Simple,--"Whose Youth (says he) the great Men of _France_ thinking unfit for the Administration of the Government, they held a _Council_ concerning the State of the Nation."

But it would be an infinite Labour, and indeed a superfluous one, to quote all the Instances which might be given of this Matter: From what we have already produced, I think 'tis apparent to every man, that till _Charles_ the _Simple_'s Reign, that is, for more than 550 Years, the Judgment and Determination of all the weighty Affairs of the Commonwealth, belonged to the _great Assembly_ of the _People_, or (as we now call it) to the _Convention of the Estates_: And that this Institution of our Ancestors was esteemed _sacred_ and _inviolable_ during so many Ages. So that I cannot forbear admiring the Confidence of some Modern Authors, who have had the Face to publish in their Writings, That King _Pipin_ was the first to whom the Institution of the _Publick Council_ is owing. Since _Eguinarthus_, _Charles_ the _Great_'s own _Chancellor_, has most clearly proved, that it was the constant Practice of the whole _Merovingian Line_, to hold every Year the _Publick Convention_ of the People on the _Kalends_ of _May_; and that the _Kings_ were carried to that Assembly in a Chariot or Waggon drawn by Oxen.

But to come to a Matter of greater Consequence, wherein the Prudence and Wisdom of our Ancestors does most clearly shew it self. Is it not apparent how great and manifest a Distinction they made between the King and the Kingdom? For thus the Case stands. The _King_ is one principal Single _Person_; but the _Kingdom_ is the whole Body of the _Citizens_ and _Subjects_. "And _Ulpian_ defines him to be a Traytor, who is stirred up with a Hostile Mind against the Commonwealth, or against the Prince." And in the _Saxon_ Laws, _Tit._ 3. 'tis Written, "Whosoever shall contrive any Thing against the Kingdom, or the King of the _Franks_, shall lose his Head."--And again, "The King has the same Relation to the Kingdom that a Father has to his Family; a Tutor to his Pupil; a Guardian to his Ward; a Pilot to his Ship, or a General to his Army."--As therefore a Pupil is not appointed for the Sake of his Tutor, nor a Ship for the Sake of the Pilot, nor an Army for the Sake of a General, but on the contrary, all these are made such for the Sake of those they have in Charge: Even so the _People_ is not designed for the Sake of the _King_; but the King is sought out and instituted for the Peoples Sake. For a _People_ can subsist without a King, and be governed by its Nobility, or by it Self: But 'tis even impossible to conceive a Thought of a _King_ without a _People_. Let us consider more Differences between them. A _King_ as well as any private Person is a Mortal Man. A _Kingdom_ is perpetual, and consider'd as immortal; as Civilians use to say, when they speak of Corporations, and aggregate Bodies. A _King_ may be a Fool or Madman, like our _Charles_ VI who gave away his Kingdom to the _English_: Neither is there any Sort of Men more easily cast down from a Sound State of Mind, through the Blandishments of unlawful Pleasures and Luxury. But a _Kingdom_ has within it self a perpetual and sure Principle of Safety in the Wisdom of its Senators, and of Persons well skill'd in Affairs. A _King_ in one Battel, in one Day may be overcome, or taken Prisoner and carried away Captive by the Enemy; as it happen'd to St. _Lewis_, to King _John_, and to _Francis_ the First. But a _Kingdom_ though it has lost its _King_, remains entire; and immediately upon such a Misfortune a Convention is call'd, and proper Remedies are sought by the chief Men of the Nation against the present Mischiefs; Which we know has been done upon like Accidents. A _King_, either through Infirmities of Age, of Levity of Mind, may not only be missed by some covetous, rapacious or lustful Counsellor; may not only be seduced and depraved by debauch'd Youths of Quality, or of equal Age with himself; may be infatuated by a silly Wench, so far as to deliver and fling up the Reins of Government wholly into her Power. Few Persons, I suppose, are ignorant how many sad Examples we have of these Mischiefs: But a _Kingdom_ is continually supplied with the Wisdom and Advice of the grave Persons that are in it. _Solomon_, the wisest of Mankind, was in his old Age seduced by Harlots; _Rehoboam_, by young Men; _Ninus_, by his own Mother _Semiramis_; _Ptolomæus_ sirnamed _Auletes_, by _Harpers_ and _Pipers_. Our Ancestors left to their Kings the Choice of their own Privy-Counsellors, who might advice them in the Management of their private Affairs; but such Senators as were to consult in common, and take care of the publick Administration, and instruct the King in the Government of his Kingdom, they reserved to the Designation of the _Publick Convention_.

In the Year 1356: after King _John_ had been taken Prisoner by the _English_, and carried into _England_, a Publick Council of the Kingdom was held at _Paris_. And when some of the King's Privy-Counsellors appeared at that Convention, they were commanded to leave the Assembly; and it was openly declared, that the Deputies of the Publick Council wou'd meet no more, if those Privy-Counsellors shou'd hereafter presume to approach that Sanctuary of the Kingdom. Which Instance is recorded in the Great Chronicle writ in _French_, Vol. 2. _sub Rege Johanne_, fol. 169. Neither has there ever yet been any Age wherein this plain Distinction between a _King_ and a _Kingdom_, has not been observed. The _King_ of the _Lacedemonians_ (as _Xenophon_ assures us) and the _Ephori_, renewed _every Month_ a mutual _Oath_ between each other; the _King_ swore that he wou'd govern according to the written Laws; and the _Ephori_ swore that they wou'd preserve the Royal Dignity, provided he kept his Oath. _Cicero_, in one of his Epistles to _Brutus_, writes: "Thou knowest that I was always of Opinion, that our Commonwealth ought not only to be deliver'd from a _King_, but even from _Kingship_, Scis mihi semper placuisse non _Rege_ folum, sed _Regno_ liberari rempublicam."--Also in his Third Book _de Legibus_--"But because a Regal State in our Commonwealth, once indeed approved of, was abolish'd, not so much upon the Account of the Faults of a _Kingly_ Government, as of the _Kings_ who governed; it may seem that only the Name of a _King_ was then abolish'd, &c."

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CHAP. XVI.

_Of the_ Capevingian _Race, and the Manner of its obtaining the Kingdom of_ Francogallia.

It has been already shewn, that the Kingdom of _Francogallia_ continued in Three Families only, during One Thousand Two Hundred Years. Whereof the first was called the _Merovingian_ Family. The second, the _Carlovingian_, from the Names of their Founders or Beginners. For altho' (as we have often told you) the Succession to the Kingdom was not conferred as _Hereditary_ Right, but according to the Appointment of the _General Council_; yet the _Franks_ were so far willing to retain the Custom of their Progenitors the _Germans_, (who as _Tacitus_ tells us, chuse their _Kings_ for their _Nobility_, and their _Generals_ for their _Valour_) that for the most Part they elected such Kings as were of the Blood _Royal_, and had been educated in a Regal Manner, whether they were the Children, or some other Degree of Kindred to the Royal Family.

But in the Year 987, after the Death of _Lewis_ the Fifth, who was the 31st King of _Francogallia_, and the 12th of the _Carlovingian_ Line, there hapned a Migration or Translation of the Royal Scepter, and a Change of the Kingdom. For when there remained no Person alive of the former Family but _Charles Duke of Lorrain_, Uncle to the deceased King, to whom the Succession to the Kingdom, by ancient Custom seemed to be due; there arose up one _Hugh Capet_, Nephew to _Hauvida_, Sister to the Emperor _Otho_ the First, and Son to _Hugh_ Earl of _Paris_; a Man of great Reputation for Valour, who alledged, that he being present upon the Place, and having deserved extraordinary well of his Country, ought to be preferred to a Stranger, who was absent. For there having hapned some Controversies between the _Empire of Germany_, and the Kingdom of _France_; _Charles_ upon Occasion had shewn himself partial for the _Empire_ against _France_, and upon that Score had lost the Affections of most of the _French_. Whereupon _Charles_ having raised an Army, made an Irruption into _France_, and took several Cities by Composition. _Capet_ relying on the Friendship and Favour of the _Francogallican_ Nobles, got together what Forces he cou'd, and went to meet him at _Laon_, a Town in the Borders of _Champagne_; and not long after a bloody Battel was fought between them, wherein _Capet_ was routed, and forced to fly into the innermost Parts of _France_; where he began again to raise Men in Order to renew the War. In the mean Time _Charles_ having dismiss'd his Army, kept himself quiet in the Town of _Laon_ with his Wife; but in the Year following he was on a sudden surrounded by _Capet_, who besieged the Town with a great Army.