Chapter 12

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

We must not omit making Mention of the _cunning Device_ made use of by _Hugh Capet_, for establishing himself in his new Dominion: For whereas all the Magistracies and Honours of the Kingdom, such as _Dukedoms, Earldoms_, &c. had been hitherto from ancient Times conferr'd upon select and deserving Persons in the General _Conventions_ of the _People_, and were held only during good _behaviour_; whereof (as the Lawyers express it) they were but _Beneficiaries_; _Hugh Capet_, in order to secure to himself the Affections of the Great Men, was the first that made those _Honours perpetual_, which formerly were but _temporary_; and ordained, that such as obtained them shou'd have a hereditary Right in them, and might leave them to their Children and Posterity in like Manner as their other Estates. Of this, see _Franciscus Conanus_ the Civilian, _Comment. 2. Cap. 9._ By which notorious fact, 'tis plain, that a great Branch of the _Publick Council's_ Authority was torn away; which however (to any Man who seriously considers the Circumstances of those Times) seems impossible to have been affected by him alone, without the Consent of that _Great Council_ it self.

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CHAP. XVII.

_Of the uninterrupted Authority of the_ Publick Council _during the_ Capevingian _Race_.

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

And the first shall be, what hapned in the Year 1328. When _Charles_ the _Fair_ dying without Issue Male, and leaving a Posthumous Daughter behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of _Charles_, claimed the Kingdom of _France_ as belonging to him of Right. Now there could be no Trial of greater Importance, nor more illustrious, brought before the _Publick Council_, than a Controversy of this Kind. And because it was decided there, and both Kings did submit themselves to the Judgment and Determination of the Council, 'tis an irrefragable Argument, that the _Authority_ of the _Council_ was greater than that of both Kings. This Fact is recorded not only by all our own Historians, but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19. Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I. has left it on Record, (grounded, no doubt, upon sufficient Authorities,) "That both Kings were present at that _Council_, when the Matter was almost brought to an open Rupture; by the Advice of the _Nobles_, a _General Convention_ of the _People_ and _States_ was summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the Father's Side, ought to have the Preference; and that the Custody of the Queen, then great with Child, shou'd be given to _Valois_; to whom also the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_ Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_, have published.

The Year 1356, furnishes us with another Example; at which Time King _John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and carried into _England_.--"After so great a Calamity, the only Hopes left were in the Authority of the _Great Council_; therefore immediately a Parliament was summon'd to meet at _Paris_. And altho' King _John_'s Three Sons, _Charles_, _Lewis_ and _John_, were at Hand, the eldest of which was of competent Age to govern; yet other Men were chosen, to wit, _twelve approved Persons_ out of each _Order_ of the _States_, to whom the Management of the Kingdom's Affairs was intrusted; and there it was decreed, that an Embassy shou'd be sent into _England_ to treat of Peace with the _English_." _Froissard_, Vol. I. cap. 170. _Joannes Buchettus_, lib. 4. fol. 118. _Nich. Gillius_ in Chron. _Regis Joannis_, are our Authors.

A third Instance we have _Anno_ 1375, when the last Will and Testament of _Charles_ the Fifth, Surnamed the _Wise_, was produced: By which Will he had appointed his Wife's Brother, _Philip_ Duke of _Bourbon_, to be Guardian to his Sons, and _Lewis_ Duke of _Anjou_ his own Brother, to be Administrator of the Kingdom till such Time as his Son _Charles_ shou'd come of Age. But notwithstanding this, a _Great Council_ was held at _Paris_, wherein (after declaring the Testament to be void and null) it was decreed, that the _Administration_ of the Kingdom shou'd be committed to _Lewis_, the Boy's Uncle: "_But upon this Condition, that he_ should be _ruled and governed_ in that _Administration, by the Advice of certain Persons named and approv'd by the_ Council." The Education and Tutelage of the Child was left to _Bourbon_; and at the same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd as soon as he shou'd be full 14 Years old, and receive the Homage and Oath of Fidelity from his Subjects.--_Froissard_, Vol. 2. cap. 60. _Buchett_, lib. 4. fol. 124. Chro. Brit. Cap.

A 4th Example we have in the Year 1392; at which Time the same _Charles_ the Sixth was taken with a sudden Distraction or Madness, and was convey'd first to _Mans_, and afterwards to _Paris_; and there a _General Council_ was held, wherein it was decreed by the _Authority of the States_, that the _Administration_ of the _Kingdom_ shou'd be committed to the Dukes of _Aquitain_ and _Burgundy_.--_Froissard_, Vol. 4. cap. 44. is our Author.

5. Neither must we omit what _Paponius_ (Arrest. lib. 5. tit. 10. Art. 4.) testifies to have been declared by the _Parliament_ at _Paris_, within the Compass of almost our own Memories, when _Francis_ the First had a Mind to alienate Part of his Dominions; _viz._ "That all Alienations of that Kind made by any of his Predecessors, were void and null in themselves; upon this very Account, that they were done _without the Authority of the Great Council_, and of _the Three Estates_," as he calls them.

A 6th Example we have in the Year 1426, when _Philip_ Duke of _Burgundy_, and _Hanfred_ [Dux _Glocestriæ_] were at mortal Enmity with each other, to the great Detriment of the Commonwealth and it was at last agreed between them to determine their Quarrel by single Combat: For in that Contention the _Great Council_ interposed its Authority, and decreed that both shou'd lay down their Arms, and submit to have their Controversies _judicially tryed_ before the _Council_, rather than _disputed_ with the _Sword_. Which History is related at large by _Paradinus_, in _Chron. Burgund. lib._ 3. _Anno_ 1426.

A 7th Example happned in the Year 1484, when _Lewis the Eleventh_ dying, and leaving his Son _Charles_, a Boy of 13 Years old; a _Council_ was held at _Tours_, wherein it was decreed, "The Education of the Boy shou'd be committed to _Anne_ the King's Sister;" but the Administration of the Kingdom shou'd be intrusted to certain Persons _Elected and approved by that Council_; notwithstanding _Lewis_, Duke of _Orleans_, the next Kinsman by the Father's Side, demanded it as his Right. A Testimony of which Transaction is extant in the Acts of that _Council_, printed at _Paris_; and in _Joannes Buchettus_ 4th Book, folio 167.

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CHAP. XVIII.

_Of the Remarkable Authority of the_ Council _against_ Lewis _the_ Eleventh.

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

In the Year 1460, when this _Lewis_ governed the Kingdom in such a Manner, that in many Cases the Duty of a good Prince, and a Lover of his Country, was wanting; the People began to desire the Assistance and _Authority_ of the Great _Council_, that some Care might therein be taken of the Publick Welfare; and because it was suspected the King wou'd not submit himself to it, the _Great Men_ of the Kingdom (stirred up by the daily Complaints and Solicitations of the _Commons_,) "resolv'd to gather Forces, and raise an _Army_; that (as _Philip de Comines_ expresses it) they might provide for the _Publick Good_, and expose the King's wicked Administration of the Commonwealth." They therefore agreed to be ready prepared with a good Army, that in Case the King should prove refractory, and refuse to follow good Advice, they might _compel him by Force_: For which Reason that War was said to have been undertaken for the Publick Good, and was commonly called the War _du bien public_. "_Comines_, _Gillius_, and _Lamarc_, have recorded the Names of those Great Men who were the principal Leaders, the _Duke of Bourbon_, the _Duke of Berry_, the King's Brother; the _Counts of Dunois_, _Nevers_, _Armagnac_, and _Albret_, and the _Duke_ of _Charalois_, who was the Person most concern'd in what related to the Government. Whereever they marched, they caused it to be proclaimed, that their Undertakings were only design'd for the _Publick_ Good; they published Freedom from Taxes and Tributes, and sent Ambassadors with Letters to the _Parliament_ at _Paris_, to the Ecclesiasticks, and to the Rector of the University, desiring them not to suspect or imagine these Forces were rais'd for the King's Destruction, but only to reclaim him, and make him perform the _Office_ of a _Good King_, as the present Necessities of the _Publick_ required."--These are _Gillius_'s Words, lib. 4. fol. 152.

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

_Gaguinus_, in his Life of _Lewis_ the _Eleventh_, pag. 265. gives us _Charles_, the Duke of _Burgundy's_ Answer to that King's Ambassadors. "_Charles_ (says he) heard the Ambassadors patiently, but made Answer, That he knew no Method so proper to restore a firm Peace, at a Time when such great Animosities, and so many Disorders of the War were to be composed, as a _Convention of the Three Estates_. Which when the Ambassadors had by Special Messengers communicated to King _Lewis_, he hoping to gain his Point by Delays, summon'd the _Great Council_ to meet at _Tours_, on the Kalends of _April_ 1467; and at the appointed Time for the _Convention_, they came from all Parts of the Kingdom, &c."

The same Passage, and in almost the same Words, is recorded in the Book of Annals, _fol. 64._ and in the Great Chronicle, _Vol. 4. fol. 242._ where these very remarkable Words are further added.--"In that Council it was appointed, that certain approved Men shou'd be chosen out of each of the _Estates_, who shou'd establish the Commonwealth, and take care that Right and Justice shou'd be done." But _Gillius_ in the Place above-mention'd says: "After the Battel at _Montlebery_, many well-affected and prudent Men were elected to be _Guardians_ of the _Publick Good_, according as it had been _agreed_ upon between the _King_ and the _Nobles_; among whom the Count of _Dunois_ was the Principal, as having been the chief Promoter of that Rising."--For it had grown into Custom after the Wealth of the _Ecclesiasticks_ was _excessively_ increas'd, to divide the People into Three _Orders_ or _Classes_, whereof the _Ecclesiasticks_ made one; and when those _Curators_ of the _Commonwealth_ were chosen, Twelve Persons were taken out of each Order. So that it was enacted in that _Council_, that 36 Guardians of the Republick shou'd be created, with Power, by common Consent, to redress all the Abuses of the Publick. Concerning which Thing, _Monstrellettus_, Vol. 4. fol. 150 writes thus: "In the first Place (says he) it was decreed, that for the re-establishing the State of the Commonwealth, and the easing the People of the Burthen of their Taxes, and to compensate their Losses, 36 Men shou'd be elected, who shou'd have _Regal Authority_; viz. 12 out of the _Clergy_, 12 out of the _Knights_, and 12 _skilful_ in the Laws of the Land; to whom Power should be given of inspecting and enquiring into the Grievances and Mischiefs under which the Kingdom laboured, and to apply Remedies to all: And the King gave his Promise _in Verbo Regis_, That whatsoever those 36 Men shou'd appoint to be done, he wou'd ratify and confirm."

_Oliver de la Marck_, a _Flemming_, in his History, _cap. 35._ writes the same Thing, and mentions the same Number of 36 _Guardians_ or _Curators_ of the _Commonwealth_. And he farther adds; "That because the King did not stand to his Promise, but _violated_ his _Faith_, and the _Solemn Oath_ which he had publickly sworn, a most _cruel War_ was kindled in _Francogallia_, which set it all in a Flame, and continued near 13 Years. Thus that King's Perjury was punish'd both by his own Infamy, and the People's Destruction."

Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years compleat, since the Liberties of _Francogallia_, and the _Authority_ of its _annual General Council_, flourished in full Vigor, and exerted themselves against a King of ripe Years, and great Understanding; for he was above 40 Years old, and of such great Parts, as none of our Kings have equall'd him. So that we may easily perceive that our _Commonwealth_, which at first was _founded_ and _establish'd_ upon the _Principles of Liberty_, maintained it self in the same free and sacred State, (even by Force and Arms) against all the Power of Tyrants for more then Eleven Hundred Years.

I cannot omit the great Commendation which that most noble Gentleman and accomplish'd Historian, _Philip de Comines_, gives of this Transaction; who in his 5th Book and 18th Chapter, gives this Account of it, which we will transcribe Word for Word.--"But to proceed: Is there in all the World any King or Prince, who has a Right of imposing a Tax upon his People (tho' it were but to the Value of one Farthing) without their own Will and Consent? Unless he will make use of Violence, and a Tyrannical Power, he cannot. But some will say there may happen an Exigence, when the Great _Council of the People_ cannot be waited for, the Business admitting of no Delay. I am sure, in the Undertaking of a War, there is no need of such hast; one has sufficient Leisure to think leisurely of that Matter. And this I dare affirm, that when Kings and Princes undertake a War with the Consent of their Subjects, they are both much more powerful, and more formidable to their Enemies.--It becomes a King of _France_ least of any King in the World, to make use of such expressions as this.--_I have a Power of raising as great Taxes as I please on my Subjects_;--for neither he, nor any other, has such a Power; and those Courtiers who use such Expressions, do their King no Honour, nor increase his Reputation with Foreign Nations; but on the contrary, create a Fear and Dread of him among all his Neighbours, who will not upon any Terms subject themselves to such a Sort of Government. But if our King, of such as have a Mind to magnify his Power; wou'd say thus; I have such obedient and loving Subjects, that they will deny me nothing in Reason; or, there is no Prince that has a People more willing to forget the Hardships they undergo; this indeed wou'd be a Speech that wou'd do him Honour, and give him Reputation. But such Words as these do not become a King; _I tax as much as I have a mind to; and I have a Power of taking it, which I intend to keep_. _Charles_ the Fifth never used such Expressions, neither indeed did I ever hear any of our Kings speak such a Word; but only some of their Ministers and Companions, who thought thereby they did their Masters Service: But, in my Opinion, they did them a great deal of Injury, and spoke those Words purely out of Flattery, not considering what they said. And as a further Argument of the gentle Disposition of the _French_, let us but consider that _Convention_ of the _Three Estates_ held at _Tours_, Anno 1484, after the Decease of our King _Lewis_ the _Eleventh_: About that time the wholsome Institution of the _Convention_ of the _Three Estates_ began to be thought a dangerous Thing; and there were some inconsiderable Fellows who said then, and often since, that it was High-Treason to make so much as mention of Convocating the _States_, because it tended to lessen and diminish the King's Authority; but it was they themselves who were _guilty of High-Treason against God, the King, and the Commonwealth_. Neither do such-like Sayings turn to the Benefit of any Persons, but such as have got great Honours or Employments without any Merit of their own; and have learnt how to flatter and sooth, and talk impertinently; and who fear all great Assemblies, lest there they shou'd appear in their proper Colours, and have all evil Actions condemned."

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CHAP. XIX.

_Of the Authority, of the Assembly of the States concerning the most important Affairs of Religion._

We have hitherto demonstrated, that the Assembly of the States had a very great Power in all Matters of Importance relating to our Kingdom of _France_. Let us now consider, what its Authority has been, in Things that concern Religion. Of this our Annals will inform us under the Year MCCC. when Pope _Boniface_ the Eighth sent Ambassadors to King _Philip the Fair_, demanding of him, whether he did not hold and repute himself to be subject to the Pope in all Things temporal as well as spiritual; and whether the Pope was not Lord over all the Kingdoms and States of _Christendom_? In Consequence of these Principles, he required of _Philip_ to acknowledge him for his Sovereign Lord and Prince, and to confess that he held his Kingdom of _France_ from the Pope's Liberality; or that if he refused to do this, he should be forthwith excommunicated, and declar'd a Heretick. After the King had given Audience to these Ambassadors, he summon'd the States to meet at _Paris_, and in that Assembly the Pope's Letters were read, to the Purport following. _Boniface, universal Bishop, the Servant of the Servants of God, to_ Philip _King of_ France. _Fear God and keep his Commandments. It is our Pleasure thou shouldst know, that thou art our Subject, as well in things temporal as Spiritual, and that it belongs not to thee to bestow Prebends or collate Benefices, in any Manner whatever. If thou hast the Custody of any such that may be now vacant, thou must reserve the Profits of them for the Use of such as shall succeed therein: and if thou hast already collated any of them, we decree by these Presents such Collation to be_ ipso facto _void, and do revoke whatever may have been transacted relating thereunto; esteeming all those to be Fools and Madmen, who believe the contrary. From our Palace of the_ Lateran _in the Month of December, and in the Sixth Year of our Pontificate_. These Letters being read, and the Deputies of the States having severally deliver'd their Opinions about them, after the Affair was maturely deliberated, it was ordain'd; first, that the Pope's Letters should be burnt in the Presence of his Ambassador, in the great Yard of the Palace: Then, that these Ambassadors with Mitres upon their Heads, and their Faces bedaub'd with Dirt, should be drawn in a Tumbrel by the common Hangman into the said Yard, and there be exposed to the Mockery and Maledictions of the People: finally, that Letters in the King's Name should be dispatched to the Pope, according to the Tenor following. Philip _by the Grace of God, King of_ France, _to_ Boniface, _who stiles himself universal Bishop, little or no greeting. Be it known to thy great Folly and extravagant Temerity, that in things temporal we have no Superior but God; and that the Disposal of the Vacancies of certain Churches and Prebends belong to us of Regal Right; that it is our due to receive the profits of them, and our Intention to defend our selves by the Edge of the Sword, against all such, as would any way go about to disturb us in the Possession of the same; esteeming those to be Fools and Brainless, who think otherwise_. For Witnesses of this History, we have the Author of the _Chronicle of Bretayne_, lib. 4. chap. 14. and _Nicholas Gilles_ in the _Annals of France_, to whom ought to be join'd _Papon._ in the first Book of his Arrests tit. 5. art. 27.

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CHAP. XX.

_Whether_ Women _are not as much debarr'd_ (_by the_ Francogallican Law) _from the_ Administration, _as from the_ Inheritance _of the Kingdom_.