_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._
_For as I more attentively enquired into the Source of these Calamities,
it seemed to me, that even as human Bodies decay and perish, either by
some outward Violence, or some inward Corruption of Humours, or lastly,
thro' Old Age: So Commonwealths are brought to their Period, sometimes
by Foreign Force, sometimes by Civil Dissentions, at other Times by
being worn out and neglected. Now tho' the Misfortunes that have
befallen our Commonwealth are commonly attributed to our Civil
Dissentions, I found, upon Enquiry, these are not so properly to be
called the_ Cause _as the_ Beginning _of our Mischiefs. And_ Polybius,
_that grave judicious Historian, teaches us, in the first place, to
distinguish the_ Beginning _from the_ Cause _of any Accident. Now I
affirm the_ Cause _to have been that great Blow which our Constitution
received about 100 Years ago from that_ [Footnote: Lewis _the_ XI.]
_Prince, who ('tis manifest) first of all broke in upon the noble and
solid Institutions of our Ancestors. And as our natural Bodies when put
out of joint by Violence, can never be recover'd but by replacing and
restoring every Member to its true Position; so neither can we
reasonably hope our Commonwealth shou'd be restor'd to Health, till
through Divine Assistance it shall be put into its true and natural
State again._
_And because your Highness has always approv'd your self a true Friend
to our Country; I though it my Duty to inscribe, or, as it were, to
consecrate this Abstract of our History to your Patronage. That being
guarded by so powerful a Protection, it might with greater Authority and
Safety come abroad in the World. Farewel, most illustrious_ Prince; _May
the great God Almighty for ever bless and prosper your most noble
Family._
Your Highness's most Obedient,
_Francis Hotoman_.