Chapter 9

Concerning this Matter, we have a most excellent Saying of the Emperor _Aurelian_, recorded by _Flavius Vopiscus_.--"My Father used to tell me (says _Aurelian_) that the Emperor _Dioclesian_, whilst he was yet a private Man, frequently said, That nothing in the World was more difficult than to govern well. For, four or five Persons combine together, and unanimously agree to deceive the Emperor they determine what shall be approved or disapprov'd. The Emperor, who, for the most part, is shut up in his Palace, knows nothing of the Truth of Affairs; he is compell'd to hear and see only with their Ears and Eyes; he makes judges, such Persons as do not deserve to be made so; he removes from Offices in the Commonwealth such as he ought to keep in; in short, a good, provident and excellent Emperor is sold by such Counsellors."--Now our Ancestors, in the constituting their Commonwealth, wisely avoiding these Mischiefs (as Mariners wou'd do dangerous Rocks) decreed that the _Publick_ Affairs shou'd be managed by the joynt Advice and Counsel of _all_ the _Estates_ of the _Kingdom_. To which Purpose the _King_, the _Nobles_, and the _Representatives_ of the _Commons_ out of the several Provinces, were obliged to meet at a certain Time every Year. And this very same Institution we find to have been that of many other Nations. First in our Ancient _Gallia_, where the Administration of Publick Affairs was intrusted with the _Common Councel of the chosen Men in the whole Nation_ as we have above demonstrated. But because we are now speaking of a Kingdom, I shall give Instances of them. 'Tis man felt, that in old Times the Council of the _Amphictions_ was instituted in _Greece_ (as _Suidai_ and others testify) by King _Amphyction_, Son of _Deucalion_; and therein it was ordained, that at a certain appointed Time every Year, _Representatives_ chosen out of the Twelve Commonwealths of _Greece_ shou'd meet at _Thermopylæ_, and deliberate concerning all the weighty Affairs of the Kingdom and Commonwealth: For which Reason, _Cicero_ calls this the _Common Council of Græcia_, _Pliny_ calls it the _Publick Council_.

We find the like Wisdom in the Constitution of the _German Empire_, wherein the _Emperor_ represents the _Monarchical_ State, the _Princes_ represent the _Aristocratical_, and the _Deputies of the Cities_ the _Democratical_; neither can any Matter of Moment appertaining to the whole _German Republick_ be firm and ratified, but what is first agreed upon in that _great Convention of the Three Estates_. To this End was framed that ancient and famous Law of the _Lacedemonians_, which joyned the _Ephori_ to their _Kings_; "Who, as Plato writes, were designed to be like Bridles to the Kings, and the Kings were obliged to govern the Commonwealth by their Advice and Authority." _Pliny_, lib. 6. cap. 22. makes mention of the like Practice in the Island of _Taprobana_, where the King had thirty Advisers appointed by the People; by whose Counsel he was to be guided in the Government of the Commonwealth; "For fear (says he) lest the King if he had an unlimited Power should esteem his Subjects no otherwise than as his _Slaves_ or his _Cattel_."

Furthermore, we find the very same Form of Administration of the Kingdom of England, in _Polydore Virgil_'s History of _England_, lib. 11. where he has this Passage in the Life of _Henry_ the First.--"Before this Time the Kings used to summon a publick Convention of the People in order to consult with them, but seldom: So that we may in some Manner say, that the Institution derived its Original from _Henry_: which took such deep Root, that it has always continued ever since, and still does so; _viz._ That whatever related to the Well governing or Conservation of the _Commonwealth_, ought to be debated and determin'd by the _great Council_. And that if either the _King_ or the _People_ shou'd act any thing _alone_, it shou'd be esteemed _invalid_, and as _nothing_, unless it were first approved and established by the _Authority of that Council_. And for fear this _Council_ shou'd be cumbred with the Opinions of an _unskilful Multitude_, (whose Custom it is to distinguish nothing justly) it was at first establish'd by a certain Law, what _Sort_ of Persons, and what _Numbers_ either of the _Priests_ or of the _People_ shou'd be called to this _Council_, which, after a _French_ Name, they commonly call _A Parliament_; which every King at the Beginning of his Reign uses to hold, and as often afterward as he pleases, or as _Occasion_ requires." Thus far _Polydore Virgil_.

But among all the Laws and Customs of this Kind, there is none so remarkable as that of the _Spaniards_; who, when they _elect_ a King in the _Common-Council_ of _Arragon_, (in order to keep up a perpetual Remembrance of their Privileges) represent a Kind of Play, and introduce a certain _Personage_, whom they call by the Name of _The Law of Arragon_, [Footnote: _La justitia di Arragon._] whom (by a publick Decree) they declare to be greater and more Powerful than their King; and afterwards they harangue the King (who is elected upon certain Terms and Conditions) in Words which (because of the remarkable Virtue and Fortitude of that Nation in repressing the _unbridled Will_ of their Prince,) we will here set down at length.--"Nos que valemos tanto come vos, ii podemos mas que vos; vos elegimos Reii con estas ii estas Conditiones; intra vos ii nos un que manda mas que vos: That is, We, who are of as great Value as you, and can do more than you, do elect you to be our King, upon such and such Conditions: Between you and us there is _one_ of _greater Authority_ than you."

Seeing then that the Case is so, and that _this has always been a constant and universal Law of all Nations, that are governed by a Kingly, and not by a Tyrannical Power_: 'Tis very plain, that this most valuable Liberty of holding a _Common-Council_ of the Nation, is not only a Part of the _People's Right_; but that all Kings, who by Evil Arts do oppress or take away this _Sacred Right_, ought to be esteemed _Violators of the Laws of Nations_; and being no better than _Enemies of Human Society_, must be consider'd not as _Kings_, but as _Tyrants_.

But to return to the Matter in Hand. Our Commonwealth being constituted by the Laws of our Ancestors, upon the Bottom above-mention'd, and participating of all the three Kinds of Government; it was ordain'd, that once every Year (and as much oftner as important Occasions should make it necessary) a _Solemn General Council_ shou'd be held: Which for that Reason, was called a _Parliament_ of the _Three Estates_. By that Word was meant a Convention or Meeting of Men out of several Parts of the Country to one Place, there to confer and deliberate concerning the Publick Welfare: And therefore all Conferences (tho' between Enemies) in order to a Peace or Truce are always in our Chronicles called by the Name of _Parliaments_. Now of this Council, the _King_ sitting in his Golden Tribunnal, was _chief_; next to him were the _Princes_ and _Magistrates_ of the Kingdom; in the third Place were the _Representatives_ of the several Towns and Provinces, commonly called the _Deputies_: For as soon as the Day prefix'd for this Assembly was come, the _King_ was conducted to the Parliament House with a Sort of Pomp and Ceremony, more _adapted to popular Moderation_, than to _Regal Magnificence_: which I shall not scruple to give a just account of out of our own Publick Records; it being a Sort of _Piety_ to be pleas'd with the Wisdom of our Ancestors; tho' in these most profligate Times, I doubt not but it wou'd appear ridiculous to our flattering Courtiers. The King then was seated in a _Waggon_, and drawn by _Oxen_, which a _Waggoner_ drove with his _Goad_ to the Place of Assembly: But as soon as he was arrived at the Court, or rather indeed the Venerable _Palace of the Republick_, the Nobles conducted the King to the Golden Throne; and the rest took their Places (as we said before) according to their Degrees. This _State_, and in this _Place_, was what was called _Regia Majestas, Royal Majesty_. Of which we may even at this Day observe a signal Remain in the King's Broad Seal, commonly called the _Chancery_ Seal. Wherein the King is not represented in a _military Posture_ a Horse-back, or in a _Triumphant Manner_ drawn in his Chariot by Horses, but sitting in his Throne _Robe'd_ and _Crown'd_, holding in his Right Hand the Royal Sceptre, in his Left the Sceptre of Justice, and presiding in his _Solemn Council_. And indeed, in that Place only it can be said that _Royal Majesty_ does truly and properly reside, where the great Affairs of the Commonwealth are transacted; and not as the unskilful Vulgar use to profane the Word; and whether the King plays or dances, or prattles with his Women, always to stile him YOUR MAJESTY.

Of all these Matters, we shall give only a few Proofs, out of many which we could produce. First, out of _Eginarthus_, who was _Chancellor_ to _Charles the Great_, and wrote his Life. These are his Words: "Wherever he went (speaking of _Charlemagn_) _about the publick Affairs_: he was drawn in a Waggon by a Pair of Oxen, which an ordinary Waggoner drove after his rustical Manner. Thus he went to the Courts of Justice, thus to the Place of the Publick Convention of his People, which every Year was celebrated for the Good of the Realm; and thus he used to return Home again."

_Joannes Nauclerus_ gives us an Account of the very same Thing, in almost the same Words, in _Chron. Generat. 26_. So does the _Author_ of the _Great Chronicle_, in the Beginning of his Life of _Charlemagn_, Fol. 77. Neither ought this to seem so great a Wonder to any, who considers it was the Fashion in those Days for our Kings and Queens, and the Royal Family, to be drawn by _Oxen_; of which we have one Instance in _Greg. Turon. lib. 3. cap. 26. "Deuteria_, (says he) Wife of King _Childebert_, seeing her Daughter by a former Husband grown to Woman's Estate, and fearing lest the King (being in Love with her) should lye with her, caused her to be put into a Sort of Litter with untamed Oxen, and thrown Headlong off a Bridge." _Aimoinus, lib. 4. cap. 30._ makes mention of the Golden Throne, where he speaks of King _Dagobert_: "He proclaimed, says he, _Generale PLACITUM in loco nuncupato Bigargio_, a _Great Council_ in a Place named _Bigargium_: To which all the Great Men of _France_ assembling with great Diligence on the Kalends of _May_, the King thus began his Speech to them, sitting on his _Golden Throne_." Also in his 41st Chapter, speaking of King _Clodoveus_--Sitting in the midst of them, on his _Golden Throne_, he spoke in this Manner, &c. _Sigebertus in Chron. Anni 662._--"'Tis the Ancient Custom (says he) of the Kings of the _Franks_, every _Kalends of May_, to preside in a Convention of all the People, to salute and be saluted, to receive Homage, and give and take Presents." _Georgius Cedrenus_ expresses this in almost the same Words: [Greek: katta de ton Maion mêna prokaithesesai epi pantos tou ethnous kai proskunin autois kai antiproskunisthai hup autô dôrophoreisthai te katta sunêpheian kai antididonai autois]

Now, concerning the _Authority_ of the _People_, who were thus gather'd together at the _Great Council_, we have many Testimonies, _Aimoinus, lib. 4. cap. 41._ speaking of _Clodoveus_ the Second; "Altho' (says that King in his Speech) the Care of our Earthly Principality _obliges_ us to call you together _Francigenæ cives_, and to consult you in Affairs relating to the Publick, &c."--Also in his 74th Chapter of the same Book--"In the Beginning of the Year he went into _Saxony_, and there he held a _General Convention every Year_, as he used to do every Year in _France_ also."--Again, _lib._ 4. _cap._ 13. where he speaks of _Charles_ the Great--"When the Hunting near _Aix la Chapelle_ was ended, as soon as he return'd, he held a _General Convention_ of his People, according to usual Custom, &c. _Cap._ 116. The Emperor having held Two _Conventions_, one at _Nimeguen_, the other at _Compiegn_, wherein he receiv'd the Annual Presents, &c. Again, _Cap._ 117. In the Month of _August_ he came to _Wormes_, and holding there the General Convention according to constant Practice, he received the Yearly Gifts which were offer'd him, and gave Audience to several Ambassadors, &c. Again, _Lib. 5. cap. 31._ The General _Placitum_ was held on the Ides of _June_, in the Town _Dusiacum_."

And this may suffice touching this solemn _General Council_, which both _French_ and _German_ Historians, thro' a deprav'd Custom of the _Latin_ Tongue, called by different Names; sometimes _Curia_, sometimes _Conventus Generalis_, but for the most Part _Placitum. Gregorius, lib. 7 cap. 14_ says thus:--"Therefore when the Time of the _Placitum_ approached, they were directed by King _Childebert, &c. Aimoinus, lib. 4. cap. 109._ In the middle of the Month he held the General Convention at _Thionville_, where there was a very great Appearance of the People of the _Franks_; and in this _Placitum_, the singular Compassion of the most Pious Emperor eminently show'd it self, &c."

Now it was the Custom in that _Council_ to send Presents from all Parts to the King; as may appear from many Places which might be quoted, wherein that _Council_ is called _Conventus Generalis. Aimoinus, lib. 4. cap. 64._ speaking of King _Pipin_--"He compell'd them (says he) to promise they would obey all his Commands, and to send him every Year at the Time of the _General Convention_, Three Hundred Horses, as a Gift and Token of Respect. _Item, cap. 85._ Not forgetting the Perfidy of the _Saxons_, he held the _General Convention_ beyond the _Rhine_, in the Town of _Kufftein_, according to the usual Custom."

This _Council_ was sometimes called by another Name, _Curia_, the _Court_; from whence proceeded the common Saying, when People went to the _King's Hall_ or _Palace, we are going to Court_; because they seldom approach'd the King, but upon great Occasions, and when a _Council_ was call'd. _Aimoinus, lib. 5. cap. 50. "Charles_, (says he) the Son of the _Danish King_, sued (or prosecuted) several Noblemen of _Flanders_ very conveniently at this _Curia_, or _Court_. _Item, cap. sequenti_; _Henry_ King of the _Romans_ being dead, at that Great and General _Court, Curia_, held at _Mentz. &c._ Also _Otto Frising._ _Lib. Frideric._ I. _cap._ 40. After these Things, the Prince enter'd _Bavaria_, and there celebrated a General _Curia, Court_, in the Month of _February_. _Item, cap._ 43. _Conrade_ King of the _Romans_, calling the Princes together at _Francfort_, a City of _East France_, celebrated there a _General Court_."

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CHAP. XI.

_Of the_ Sacred Authority _of the_ Publick Council; _and what Affairs were wont to be transacted therein_.

We think it necessary in this Place to consider what Kind of Affairs were wont to be transacted in this general _Annual Council_, and to admire the great _Wisdom_ of our Ancestors in _constituting our Republick_. We have (in short) observed that they are these that follow. First, the _Creating or abdicating of their Kings_. Next, the _declaring of Peace or War_. The _making of all Publick Laws_: The _Conferring_ of all _great Honours, Commands_, or _Offices_ belonging to the _Commonwealth_: The _assigning_ of any _part_ of the _deceased King's Patrimony_ to his Children, or giving _Portions_ to his _Daughters_, which they usually called by a _German_ Name _Abannagium_; that is, _pars exclusoria_, a Part set out for younger Children. Lastly, all such Matters as in Popular Speech are commonly called _Affairs of State_: Because it was not lawful to determine or debate of any Thing relating to the _Commonwealth_, but in the _General Council_ of the _States_.

We have already produced sufficient Proofs of the _Electing_ and _Abdicating_ their _Kings_, as well from the last _Will_ and _Testament_ of _Charles_ the _Great_, as from several other Authors: To which we will add this one Passage more out of _Aimoinus_, lib. 5. cap. 17. where speaking of _Charles_ the _Bald_, he says thus,--"Having summon'd a _General Council_ at [Footnote: _Crecy._] _Carisiacum_, he there first gave his Son _Charles arma virilia_; that is, he girt him with a Sword, or knighted him, and putting a Regal Crown upon his Head, assign'd _Neustria_ to him, as he did _Aquitain_ to _Pippin_."

Now concerning the _Administration_ of the _Kingdom_, _Aimoinus_ gives us this remarkable Instance, _lib._ 5. _cap._ 35. speaking of _Charles_ the _Bald_. "_Charles_ (says he) being about taking a Journey to _Rome_, held a general _Placitum_ on the Kalends of _June_ at _Compeign_; and therein was ordained under particular Heads, after what Manner his Son _Lewis_ should govern the Kingdom of _France_, in _Conjunction_ with his _Nobles_, and the rest of the _Faithful People_ of the _Realm_, till such time as he returned from _Rome_."

Also in the same Book, _cap._ 42. speaking of _Charles_ the _Simple_: "Whose Youth (says he) the principal Men of _France_ judging (as it was indeed) very unfit for the exercise of the Government of the Realm, they held a _General Council_ touching these weighty Affairs; and the great Men of the _Franks_, _Burgundians_, and _Aquitanians_ being assembled, elected _Odo_ to be _Charles'_s _Tutor_ and _Governor_ of the Kingdom."

Now concerning _the Power_ of _making Laws_ and _Ordinances_, that single Passage in _Gaguinus'_s Life of St. _Lewis_ is a sufficient Proof. "As soon (says he) as King _Lewis_ arrived at _Paris_, he called a _General Convention_, and _therein_ reformed the Commonwealth; making excellent Statutes relating to the Judges, and against the Venality of Offices, &c."

Concerning the _conferring_ the _great Honours and Employments_ upon _Persons of approved Worth, Aimoinus lib. 5. cap. 36._ gives us this Instance; speaking of _Charles_ the _Bald_, he tells us, "That whereas he began (before his Inauguration) to distribute the Governments and great Offices of the Realm according to his own liking; the _Great Men summoned a General Council_, and sent Ambassadors to the King; neither would they admit him to be crowned till he had made use of their Advice and Authority in disposing of those great Employments. The Nobles (says he) being very much displeas'd, because the King _conferr'd Honours without their Consent_; for that Reason, agreed together against him, and summoned a _general Convention_ in the Town of _Witmar_, from whence they sent Ambassadors to _Lewis_, as _Lewis_ likewise sent his Ambassadors to them, &c."

Also the Appendix to _Gregory_ of _Tours, lib. 11. cap. 54._ "That same Year (says he) King _Clotharius, cum Proceribus & Leudibus_, i. e. with the Nobility and free Subjects of _Burgundy_, met at _Troyes_, and when he earnestly solicited them to advance another Person to the same Place and Degree of Honour which _Warnhar_ (lately deceased) had enjoy'd, they unanimously refused to do it; and said, they would by no Means have any _Mayor of the Palace_, earnestly desiring the King to excuse them:" And thus they gained their Point with the King.

To this Head may be referr'd all _the Contentions_ of such _Princes_, as were foreseen might be _dangerous to the Commonwealth_. These were debated in the _General Council_. For _Aimoinus_, lib. 4 cap. I. where he speaks of _Clotharius_, Son of _Chilperic_, from whom Queen _Brunechild_ demanded the Kingdom of _Austratia_, says thus:--"_Clotharius_ made answer, that she ought to call a _Convention_ of the _Nobles_ of the _Franks_, and there debate (by common Consent) an Affair relating to the Community. That as for him, he would submit to their judgment in all Things, and would not obstruct in any Measure whatever they should command." The same Thing is recorded in the _Appendix_ to _Gregory_ of _Tours_, lib. II. "_Clotharius_ (says he) made Answer to her, that he would refer the Difference between them, to the Determination of the _Select Franks_, and promis'd to fulfil whatsoever they should ordain." Also _Aimoinus_ lib. 5. cap. 12. where he speaks of King _Lewis_ the _Pious_, who was grievously tormented with the Contentions of his Sons, says thus,--"When Autumn approached, they whose Sentiments differ'd from the Emperor's, were for having the _General Convention_ held in some Town of _France_.--_Item_ cap. 13. He appointed the _General Convention_ of his People to be held at _Thionville_. And after a little Time, summon'd his People to meet on the Feast of St. _Martin_, and used all his Endeavours to recal his Son _Pipin_ who had absented himself; but he refused to come, &c." _Gaguinus_ making Mention of this Same Passage, says; "When the Conspirators found out they should not be able to dethrone the King, without the Consent of the _Nobility in Convention_, they labour'd by all Means to have the _Great Council_ held within the Limits of _France_. But _Lewis_ knowing for certain that those _Franks_ were gained by his Enemies against him, refused it, and summon'd the Convention to meet at _Mentz_, and ordered that none should be admitted _Armed_ to the Council. But his Sons, (who had conspired against their Father) lest they should want the _Authority_ of a _Publick Convention_, assembled a Council at _Compiegne_, consisting of the Bishops and Nobility of the Kingdom. And _Lotharius_ taking his Father out of Custody, brought him to _Compiegne_."

Again, _Aimoinus_, lib. 5. cap. 38. where he speaks of Lewis _the Stammerer_, who held a _Council_ at _Marsua_, wherein he treated a Peace with his Cousin, says: "In that _Placitum_, or _Parliament_, these Articles which follow were agreed upon between them, _by and with the Consent of the faithful Subjects of the Realm_."

To proceed, We find further, that it was the Custom (when any _Prince_, or _Person_ of _Extraordinary Quality_, was _accused of any Crime_) to summon him to appear before the _Great Council_, and there he was to stand his _Trial_. Thus in the Reign of King _Clotharius_, when _Queen Brunechild_ stood accused, and was found guilty of many capital Crimes, the King made a Speech to the Estates of the _Great Council of Francogallia_, in these Words; which are recorded by _Aimoinus_, lib. 4. cap 1. "It belongs to you, my most dear Fellow-Soldiers, and high Nobility of _France_, to appoint what Kind of Punishment ought to be inflicted on a Person guilty of such enormous Crimes, &c." And _Ado Ætat 6. sub Anno_ 583. tells us, "The _Franks_ passing Sentence upon her in the King's Presence, condemn'd her to be torn in Pieces by wild Horses."

Now concerning the _dividing_ of the _Royal Patrimon_, and the _Appanages_, we have the same Person's Testimony, _lib. 5. cap. 94._ where speaking of _Charlemagn_, he has these Words--"These Matters being ended, the King held a _Convention_ of the _Nobility and Gentry_ of the _Franks_, for the making and maintaining a firm Peace among his Sons, and dividing the Kingdom into Three Parts, that every one of them might know what Part of it he ought to defend and govern, in Case they survived him."--Also in that Place where he speaks of the Partition made among the Children of _Lewis_, lib. 5. cap. 40. he says thus.--"They went to _Amiens_, and there they divided their Father's Kingdom among them, _according to the Advice and Direction of their faithful Subjects_." Further, _cap._ 41. where he writes of _Carloman_, who held his _Great Council_ then at _Worms_.----"To this _Placitum_ (says he) came _Hugo_, and preferred his Petition for that Part of the Kingdom, which his Brother _Lewis (in Locarium acceperat)_ had rented of him, or received in Pawn."