Chapter 3

_Of the_ Salick _Law, and what Right Women had in the Kings, their Father's Inheritance_.

CHAP. IX.

_Of the Right of Wearing a large_ Head of Hair _peculiar to the_ Royal Family.

CHAP. X.

_The_ Form _and_ Constitution _of the_ Francogallican _Government_.

CHAP. XI.

_Of the_ Sacred Authority _of the_ Publick Council.

CHAP. XII.

_Of the Kingly Officers, commonly called_ Mayors _of the_ Palace.

CHAP. XIII.

_Whether_ Pipin _was created King by the_ Pope, _or by the Authority of the_ Francogallican _Council_.

CHAP. XIV.

_Of the_ Constable _and Peers of_ France.

CHAP. XV.

_Of the continued_ Authority _and Power of the_ Sacred Council, _during the Reign of the_ Carlovingian _Family_.

CHAP. XVI.

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

CHAP. XVII.

_Of the_ uninterrupted Authority _of the_ Publick Council, _during the_ Capevingian _Line_.

CHAP. XVIII.

_Of the Remarkable_ Authority _of the_ Council _against_ Lewis _the Eleventh_.

CHAP. XIX.

_Of the Authority of the Assembly of the_ States, _concerning the most important Affairs of Religion_.

CHAP. XX.

_Whether_ Women _are not as much debarr'd by the_ Francogallican _Law from the_ Administration, _as from the_ Inheritance _of the Kingdom_.

CHAP. XXI.

_Of the_ Juridical Parliaments _in_ France.

* * * * *

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 ei succensere 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_.

_Ædui_, People of _Chalons_ and _Nevers_, of _Autun_ and _Mascon_.

_Agrippina Colonia_, _Cologn_.

_Arverni_, P. of _Auvergne_ and _Bourbonnais_.

_Armorica_, _Bretagne_ and _Normandy_.

_Aquitani_, P. of _Guienne_ and _Gascogn_.

_Atrebates_, P. of _Artois_.

_Attuarii_, P. of _Aire_ in _Gascogn_.

_Augustodunum_, _Autun_.

_Aureliani_, P. of _Orleans_.

_Aquisgranum_, _Aix la Chapelle_.

_Ambiani_, P. of _Amiens_.

_Alsaciones_, P. of _Alsace_.

_Bigargium_, _Bigorre forté_.

_Bibracte_, _Bavray_, in the Diocese of _Rheims_.

_Bituriges_, P. of _Bourges_.

_Carisiacum_, _Crecy_.

_Cinnesates_, P. on the Sea-Coast, between the _Elb_ and the _Rhine_.

_Carnutes_, P. of _Chartres_ and _Orleans_.

_Ceutrones_, P. of _Liege_.

_Ceutones_, P. of _Tarentaise_ in _Savoy_.

_Condrusii_, P. of the _Condros_ in _Flanders_.

_Dusiacum_, _non liquet_.

_Eburones_, P. of the Diocese of _Liege_, and of _Namur_.

_Gorduni_, P. about _Ghent_ and _Courtray_.

_Grudii_, P. of _Lovain_.

_Hetrusci_, P. of _Tuscany_.

_Laudunum_, _Laon_.

_Lexovium_, _Lisieux_.

_Lentiates_, People about _Lens_.

_Levaci_, P. of _Hainault_.

_Leuci_, P. of _Metz_, _Toul_ and _Verdun_.

_Lingones_, P. of _Langres_.

_Lugdunum_, _Lyons_.

_Lutetia_, _Paris_.

_Massilia_, _Marseilles_.

_Marsua_, _non liquet_.

_Nervii_, P. of _Hainault_ and _Cambray_.

_Nitiobriges_, P. of _Agenois_.

_Novemopulonia_, _Gascony_.

_Noviomagum_, _Nimeguen_.

_Pannonia_, _Hungary_.

_Pleumosii_, P. of _Tornay_ and _Lisle_.

_Rhatia_, _Swisserland_.

_Rhemi_, P. of _Rheims_.

_Senones_, P. of _Sens_ and _Auxerre_.

_Sequani_, P. of _Franche Comté_.

_Sequana_, the River _Seine_.

_Suessiones_, P. of _Soissons_.

_Trecassini_, P. of _Tricasses_ in _Champagne_.

_Treviri_, P. of _Triers_, and Part of _Luxemburg_.

_Toxandri_, P. of _Zealand_.

_Tolbiacum_, _non liquet_.

_Vencti_, P. of _Vannes_.

_Vesontini_, P. of _Besançon_.

_Ulbanesses_, _non liquet_.

_Witmarium_, _non liquet_.

* * * * *

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._