Chapter 13

The present Dispute being about the _Government_ of the Kingdom, and the chief _Administration_ of Publick Affairs, we have thought fit not to omit this Question: Whether _Women_ are not as much debarr'd from the _Administration_, as from the _Inheritance_ of the Kingdom? And in the first Place we openly declare, that 'tis none of our Intention to argue for or against the _Roman_ Customs or Laws, or those of any other Nation, but only of the Institutions of this our own _Francogallia_. For as on the one Hand 'tis notorious to all the World, that by the _Roman_ Institutions, _Women_ were always under _Guardianship_, and excluded from intermeddling, either in publick or private Affairs, by Reason of the _Weakness_ of their Judgment: So on the other, _Women_ (by ancient Custom) obtain the _Supreme Command_ in _Some_ Countries. "The (_Britains_ says _Tacitus_ in his Life of _Agricola_) make _no Distinction of Sexes_ in _Government_." Thus much being premised, and our Protestation being clearly and plainly proposed, we will now return to the Question. And as the Examples of some former Times seem to make for the affirmative, wherein the Kingdom of _Francogallia_ has been administered by _Queens_, especially by _Widows_ and _Queen-Mothers_: So on the contrary, the Reason of the Argument used in Disputations, is clearly against it. For she, who cannot be Queen in her _own Right_, can never have any Power of Governing in another's Right: But here a Woman cannot reign in her own Right, nor can the Inheritance of the Crown fall to her, or any of her Descendants; and if they be stiled _Queens_ 'tis only accidentally; as they are _Wives_ to the _Kings_ their _Husbands_. Which we have prov'd out of Records for twelve hundred Years together.

To this may be added (which we have likewise prov'd) that nor only the sole Power of _Creating_ and _Abdicating_ their Kings, but also the Right of electing _Guardians_ and _Administrators_ of the Commonwealth, was lodged in the same _Publick Council_. Nay, and after the Kings were created, the supreme Power of the Administration was retained still by the same _Council_. And 'tis not yet full a hundred Years since 36 Guardians of the Commonwealth were constituted by the same _Council_, like so many _Ephori_: and this during the Reign of _Lewis_ the _Eleventh_, as crafty and cunning as he was. If we seek for Authorities and Examples from our Ancestors, we may find several; there is a remarkable one in _Aimoinus_, lib. 4. cap. 1. where speaking of Queen _Brunechild_, Mother to young _Childebert_; "The Nobility of _France_ (says he) understanding that _Brunechild_ designed to keep the chief Management of the Kingdom in her own Hands; and having always hitherto, for so long a Time disdained to be subject to a Female Domination, did, &c." And indeed it has so happned in the Days of our Ancestors, that whenever Women got into their Hands the Procuration of the Kingdom, they have been always the Occasion of wonderful Tragedies: Of which it will not be amiss to give some Examples. Queen _Crotildis_, Mother of the two Kings, _Childebert_ and _Clotarius_, got once the Power into her Hands; and being extravagantly fond of the Sons of _Clodomer_, (another of her Sons then dead) occasion'd a great deal of Contention, by her endeavouring to exclude her Sons, and promote these Grandsons to the Regal Dignity; and upon that Score she nourished their _large Heads of Hair_ with the greatest Care and Diligence imaginable, according to that ancient Custom of the Kings of the _Franks_, which we have before given an Account of. The two Kings (as soon as they understood it) presently sent one _Archadius_, who presenting her with a naked Sword and a Pair of Shears, gave her Choice which of the two She had rather shou'd be applied to the Boys Heads. But She (says _Gregory_ of _Tours_) being enraged with Choler, especially when She beheld the naked Sword and the Scissars, anwer'd with a great deal of Bitterness--"Since they cannot be advanced to the Kingdom, I had rather see them dead than shaven"--And thereupon both her Grandsons were beheaded in her Presence. The same _Gregory_, lib. 3. cap. 18. subjoyns--"This Queen, by her Liberalities and Gifts conferr'd upon Monasteries, got the Affections, _Plebis & vulgi_ of the common People and Mob: _Date frenos_ (says Cato) _impotenti naturæ, & indomito animali, & sperate ipsas modum licentiæ facturas_. Give Bridles to their unruly Natures, and curb the untamed Animal; and then, you may hope they shall see some Bounds to their Licentiousness." What an unbridled Animal and profligate Wretch was that Daughter of King _Theodorick_, by Birth an _Italian_; who being mad in Love with one of her Domesticks, and knowing him to have been kill'd by her Mother's Orders, feigned a thorough Reconciliation, and desir'd in Token of it to receive the Holy Sacrament of the Lord's Supper with her Mother; but Privately mixing some Poyson in the Chalice, She at once gave the strangest Instance both of Impiety and Cruelty in thus murdering her own Mother. The Account given of it by _Gregory_ of _Tours_ is this: "They were (says he) of the _Arrian Sect_, and because it was their Custom that the Royal Family shou'd communicate at the Altar out of one Chalice, and People of Inferior Quality out of another. (_By the way, pray take notice of the Custom of Communicating in both kinds by the People._) She dropped Poyson into that Chalice out of which her Mother was to communicate; which as soon as she had tasted of it, kill'd her presently."--_Fredegunda, Queen-Mother_, and Widow of _Chilperick the First_, got the Government into her Hands; She, in her Husband's Time, lived in Adultery with one _Lander_; and as soon as she found out that her Husband _Chilperick_ had got Wind of it, she had him murdered, and presently seiz'd upon the Administration of the Kingdom as Queen-Mother, and Guardian of her Son _Clotharius_, and kept Possession of it for 13 Years; in the first Place she poyson'd her Son's Uncle _Childebert_, together with his Wife; afterwards she stirred up the _Hunns_ against his Sons, and raised a Civil War in the Republick. And lastly, She was the Firebrand of all those Commotions which wasted and burnt all _Francogallia_, during many Years, as _Aimoinus_ tells us, [lib. 3. cap. 36. & lib. 8. cap. 29.]

There ruled once in _France_, _Brunechild_, Widow of King _Sigebert_, and Mother of _Childebert_. This woman had for her Adulterer a certain _Italian_, called _Protadius_, whom She advanced to great Honours: She bred up her two Sons, _Theodebert_ and _Theodorick_, in such a wicked and profligate Course of Life, that at last they became at mortal Enmity with each other: And after having had long Wars, fought a cruel single Combat. She kill'd with her own Hands her Grandson _Meroveus_, the Son of _Theodebert:_ She poysoned her Son _Theodorick_. What need we say more? _Date frænos_ (as _Cato_ says) _impotenti naturæ, & indomito animali; & sperate illas modum licentiæ facturas_. She was the Occasion of the Death of Ten of the Royal Family: And when a certain Bishop reproved her, and exhorted her to mend her Life, She caused him to be thrown into the River. At last, a _Great Council_ of the _Franks_ being summoned, She was judged, and condemned, and drawn in Pieces by wild horses, being torn Limb from Limb. The Relators of this Story are, _Greg. Turonensis_, [lib. 5. cap. 39.] and [lib. 8. cap. 29.] And _Ado_ [Ætat. 6.] _Otto Frising._ [Chron. 5. Cap. 7.] _Godfridus Viterbiensis_ [Chron. parte 16.] & _Aimoinus_ [lib. 4. cap. 1.] Also the Appendix of _Gregory of Tours_, [lib. 11.] whose Words are these: "_Having convicted her of being the Occasion of the Death of Ten Kings of the_ Franks; _to wit, of_ Sigebert, Meroveus, _and his Father_ Chilperick; Theodebert, _and his Son_ Clothair; Meroveus, _the Son of_ Clothair, Theodorick, _and his three Children, which had been newly killed, they order'd her to be placed upon a Camel, and to be tortured with divers sorts of Torments, and so to be carried about all the Army; afterwards to be tied by the Hair of the Head, one Leg and one Arm to a Wild Horse's Tail; by which being kick'd, and swiftly dragg'd about, She was torn Limb from Limb._"

Let us instance in some others: _Plectrudis_ got the Government into her Hands; a Widow not of the King, but of _Pipin_, who ruled the Kingdom whilst _Dagobert_ the Second bore the empty Title of King. This _Plectrudis_ having been divorced by her Husband _Pipin_, because of her many Adulteries and flagitious Course of Life; as soon as her Husband was dead, proved the Incendiary of many Seditions in France. She compell'd that gallant Man _Charles Martel_, Mayor of the Palace, to quit his Employment, and in his Place put one _Theobald_, a most vile and wicked Wretch; and at last She raised a most grievous Civil War among the _Franks_, who in divers Battels discomfited each other with most terrible Slaughters. Thus, says _Aimoinus_, [lib 4. cap. 50. & cap sequen.] Also the Author of a Book called, The State of the Kingdom of _France_ under _Dagobert_ the Second, has these Words: _"When the_ Franks _were no longer able to hear the Fury and Madness of_ Plectrude, _and saw no Hopes of Redress from King_ Dagobert, _they elected one_ Daniel _for their King, (who formerly had been a Monk) and called him_ Chilperick." Which Story we have once before told you.

But let us proceed. The Queen-Mother of _Charles_ the _Bald_, (whose Name was _Judith_) and Wife of _Lewis the Pious_, who had not only been King of _Francogallia_, but Emperor of _Italy_ and _Germany_, got the Government into her Hands. This Woman stirred up a most terrible and fatal War between King _Lewis_ and his Sons, (her Sons in Law) from whence arose so great a Conspiracy, that they constrained their Father to abdicate the Government, and give up the Power into their Hands, to the great Detriment of almost all _Europe_: The Rise of which Mischiefs, our Historians do unanimously attribute, for the most Part, to _Queen Judith_ in a particular Manner: The Authors of this History are the _Abbot_ of _Ursperg_, _Michael Ritius_ and _Otto Frising._ [Chron. 5. cap. 34.] "_Lewis_ (says this last) _by reason of the Evil Deeds of his Wife_ Judith, _was driven out of his Kingdom_." Also _Rhegino_ [in Chron. ann. 1338.] "_Lewis_ (says he) _was deprived of the Kingdom by his Subjects, and being reduced to the Condition of a private Man, was put into Prison, and the Sole Government of the Kingdom, by the Election of the_ Franks, _was conferr'd upon_ Lotharius _his Son. And this Deprivation of_ Lewis _was occasioned principally through the many Whoredoms of his Wife_ Judith."

Some Ages after, Queen _Blanch_, a _Spanish_ Woman, and Mother to St. _Lewis_, ruled the Land. As soon as She had seized the Helm of Government, the Nobility of _France_ began to take up Arms under the Conduct of _Philip_ Earl of _Bologn_, the King's Uncle, crying out (as that excellent Author _Joannes Joinvillæus_ writes) [cap. histor. 4.] "_That it was not to be endured that so great a Kingdom shou'd be governed by a Woman, and She a Stranger._" Whereupon those Nobles rejecting _Blanch_, chose Earl _Philip_ to be Administrator of the Kingdom: But _Blanch_ persisting in her Purpose, sollicited Succours from all Parts, and at last determined to conclude a League with _Ferdinand_ King of _Spain_. With _Philip_ joyned the Duke of _Brittany_, and the _Count de Eureux_ his Brother. These, on a sudden, seiz'd on some Towns, and put good Garisons into them. And thus a grievous War was begun in _France_, because the Administration of the Government had been seized by the Queen-Mother: It hapned that the King went (about that Time) to _Estampes_, being sent thither by his Mother upon Account of the War: To that Place the Nobles from all Parts hastily got together, and began to surround the King not with an Intention (as _Joinville_ says) to do him any Harm, but to withdraw him from the Power of his Mother. Which She hearing, with all Speed armed the People of _Paris_, and commanded them to march towards _Estampes_. Scarce were these Forces got as far as _Montlebery_, when the King (getting from the Nobles) joyned them, and returned along with them to _Paris_. As soon as _Philip_ found that he was not provided with a sufficient force of Domestick Troops, he sent for Succours to the Queen of _Cyprus_, (who at the fame Time had some Controversy depending in the Kingdom) She entring with a great Army into _Champagn_, plunder'd that Country far and near; _Blanch_ however continues in her Resolution. This constrains the Nobility to call in the _English_ Auxiliaries, who waste _Aquitain_ and all the Maritime Regions; which Mischiefs arose thro' the Ambition and unbridled Lust of Rule of the Queen-Mother, as Joinvillæus tells us at large, [cap. 7, 8, 9, 10.]

And because many of our Countrymen have a far different Opinion of the Life and Manners of Queen _Blanch_, occasioned (as 'tis probable) by the Flattery of the Writers of those Times; (For all Writers either thro' Fear of Punishment, or, by Reason of the Esteem which the Kings their Sons have in the World, are cautious how they write of Queen-Mothers:) I think it not amiss to relate what _Joinville_ himself records [cap 76.] _viz._ That She had so great a Command over her Son, and had reduced him to that Degree of Timidity and Lowness of Spirit, that She would very seldom suffer the King to converse with his Wife _Margaret_, (her Daughter-in-Law) whom She hated. And therefore whenever the King went a Journey, She ordered the Purveyors to mark out different Lodgings, that the Queen might lie separate from the King. So that the poor King was forced to place Waiters and Doorkeepers in Ambush whenever He went near his Queen; Ordering them, that when they heard his Mother _Blanch_ approach the Lodgings, they shou'd beat some Dogs, by whose Cry he might have Warning to hide himself: And one Day (says _Joinville_) when Queen _Margaret_ was in Labour, and the King in Kindness was come to visit her, on a sudden Queen _Blanch_ surprized him in her Lodgings: For altho' he had been warned by the howling of the Dogs, and had hid himself (wrapp'd up in the Curtains) behind the Bed; yet She found him out, and in the Presence of all the Company laid Hands on him, and drew him out of the Chamber: You have nothing to do here (said She) get out. The poor Queen, in the mean Time, being not able to bear the Disgrace of such a Reproof, fell into a Swoon for Grief; so that the Attendants were forced to call back the King to bring her to her self again, by whose Return She was comforted and recover'd. _Joinville_ tells this Story [_cap. hist. 76._] in almost these same Words.

Again, Some Years after this, _Isabella_, Widow of _Charles_ the 6th, (Sirnamed the _Simple_) got Possession of the Government: For before the Administration of the Publick Affairs cou'd be taken care of by the _Great Council_, or committed by them to the Management of chosen and approved Men, many ambitious Courtiers had stirr'd up Contentions: Six Times these Controversies were renewed, and as often composed by Agreement. At last _Isabella_ being driven out of _Paris_ betook her self to _Chartres_: There, having taken into her Service a subtle Knave, one _Philip de Morvilliers_, She made up a Council of her own, with a President, and appointed this _Morvilliers_ her Chancellor; by whose Advice She order'd a Broad-Seal, commonly called, a Chancery-Seal, to be engraven: On which her own Image was cut, holding her Arms down by her Sides: and in her Patents She made use of this Preamble. "Isabella, _by the Grace of God, Queen of_ France: _who, by Reason of the King's Infirmity, has the Administration of the Government in her Hands, &c._"--But when the Affairs of the Commonwealth were reduced to that desperate Future, that all Things went to Rack and Ruin, She was by the _Publick Council_ banished to _Tours_, and committed to the Charge of Four Tutors, who had Orders to keep her lock'd up at Home, and to watch her so narrowly, that She shou'd be able to do nothing; not so much as to write a Letter without their Knowledge. A large Account of all this Transaction we have in _Monstrellet's_; History. [_cap._ 161 & _cap._ 168.]

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CHAP. XXI.

_Of the_ Juridical Parliaments _in_ France.

Under the _Capevingian_ Family there sprung up in _Francogallia_ a Kind of Judicial Reign, [_Regnum Judiciale_] of which (by Reason of the incredible Industry of the Builders up and Promoters of it, and their unconceivable Subtilty in all subsequent Ages), we think it necessary to say something. A Sort of Men now rule every-where in _France_, which are called _Lawyers_ by some, and _Pleaders_ or _Pettyfoggers_ by others: These Men, about 300 Years ago, managed their Business with so great Craft and Diligence, that they not only subjected to their Domination the Authority of the _General Council_, (which we spoke of before) but also all the _Princes_ and _Nobles_, and even the _Regal Majesty_ it self: So that in whatever Towns the Seats of this same _Judicial Kingdom_ have been fix'd, very near the third Part of the Citizens and Inhabitants have applied themselves to the Study and Discipline of this wrangling Trade, induced thereunto by the vast Profits and Rewards which attend it. Which every one may take Notice of, even in the City of _Paris_, the Capital of the Kingdom: For who can be three Days in that City without observing, that the third Part of the Citizens are taken up with the Practice of that _litigious_ and _Pettyfogging_ Trade? Insomuch, that the General Assembly of Lawyers in that City (which is called the _Robed Parliament_) is grown to so great a Heighth of Wealth and Dignity, that now it seems to be (what _Jugurtha_ said of old of the _Roman Senate_) no longer an _Assembly_ of _Counsellors_, but of _Kings_, and _Governors_ of _Provinces_. Since whoever has the Fortune to be a Member of it, how meanly born soever, in a few Years Time acquires immense and almost Regal Riches: For this Reason many other Cities strove with Might and Main to have the like Privilege of _Juridical_ Assemblies: So that now there are several of these famous Parliaments, to wit, those of _Paris, Tholouse, Rouen, Grenoble, Bourdeaux, Aix_, and _Dijon_: All which are _fix'd_ and _sedentary_; besides an Eighth, which is ambulatory and moveable, and is called the _Grand Council_.

Within the Limits of these great _Juridical Kingdoms_ there are others lesser, which we may call _Provincial Governments_, who do all they can to imitate the Grandeur and Magnificence of their Superiors; and these are called _Presidial Courts_: And so strong is the Force and Contagion of this Disease, that a very great Part of the _French_ Nation spends its Time and Pains in Strife and Law-Suits, in promoting Contentions and Processes; just as of old, a great Number of the _Egyptians_ were employ'd by their Tyrants in Building _Pyramids_, and other such useless Structures.

Now the Word _Parliament_ in the old Manner of Speech used by our Countrymen, "signifies a Debate, or discoursing together of many Persons, who come from several Parts, and assemble in a certain Place, that they may communicate to one another Matters relating to the Publick." Thus in our ancient Chronicles, whenever Princes or their Ambassadors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the Assembly so appointed was always called a _Parliament_; and for the same Reason the _Publick Council_ of the _Estates_ was, in our old Language, called a _Parliament_. Which Assembly, being of great Authority, the Kings of the _Capevingian_ Race having a Mind to diminish that Authority by little and little, substituted in its Place a certain Number of _Senators_, and transferred the August Title of a _Parliament_ to those _Senators:_ And gave them these Privileges: First, That none of the King's Edicts shou'd be of Force, and ratified, unless those Counsellors had been the _Advisors_ and _Approvers_ of them. Next, That no Magistracy or Employment in all _France_, whether Civil or Military, shou'd be conferr'd on any Person, without his being _inaugurated_, and taking the _Oaths_ in that _Assembly_. Then that there should be _no Liberty of Appeal_ from their judgment, but that all their Decrees should stand firm, and inviolable. In fine, whatever Power and Authority had anciently been lodged in the _General Council_ of the Nation, during so many Years together, was at Length usurped by that _Counterfeit Council_, which the Kings took care to fill with such Persons as would be most subservient to their Ends.