CHAP. I.

_The State of_ Gaul, _before it was reduced into a_

Province _by the_ Romans.

My Design being to give an Account of the Laws and Ordinances of our

_Francogallia_, as far as it may tend to the Service of our

_Commonwealth_, in its present Circumstances; I think it proper, in the

first place, to set forth the State of _Gaul_, before it was reduced

into the Form of a _Province_ by the _Romans_: For what _Cæsar,

Polybius, Strabo, Ammianus_, and other Writers have told us concerning

the _Origin, Antiquity_ and _Valour_ of that People, the Nature and

Situation of their Country, and their private Customs, is sufficiently

known to all Men, tho' but indifferently learned.

We are therefore to understand, that the State of _Gaul_ was such at

that time, that neither was the _whole_ under the Government of a

_single Person_: Nor were the particular [Footnote: _Civitas_, a

Commonwealth.] _Commonwealths_ under the Dominion of the _Populace_, or

the _Nobles_ only; but all _Gaul_ was so divided into _Commonwealths_,

that the most Part were govern'd by the _Advice_ of the _Nobles_; and

these were called _Free_; the rest had _Kings_. But every one of them

agreed in this _Institute_, that at a certain Time of the Year a

_publick Council_ of the whole Nation should be held; in which

_Council_, whatever seem'd to relate to the whole _Body_ of the

_Commonwealth_ was appointed and establish'd. _Cornelius Tacitus_, in

his 3d Book, reckons Sixty-four _Croitates_; by which is meant (as

_Cæsar_ explains it) so many Regions or Districts; in each of which, not

only the same _Language, Manners_ and _Laws_, but also the same

_Magistrates_ were made use of. Such, in many Places of his History, he

principally mentions the Cities of the _Ædui_, the _Rhemi_ and _Arverni_

to have been. And therefore _Dumnorix_ the _Æduan_, when _Cæsar_ sent to

have him slain, began to resist, and to defend himself, and to implore

the Assistance of his _Fellow Citizens_; often crying out, That he was a

_Freeman_, and Member of a _Free Commonwealth_, lib. 5. cap. 3.

To the like purpose Strabo writes in his Fourth Book: [Footnote: [Greek:

Aristokratikai d' êsan hai pleious tôn politeiôs, ena d' hêgemona

hêrounto kat eniauton to palaion hôs d' hautôs eis polemon heis hupo tou

plêthous apedeiknuto stratêgos.]] "_Most_ of the _Commonwealths_ (says

he) were govern'd by the _Advice_ of the _Nobles_: but every _Year_ they

anciently chose a _Magistrate_; as also the People chose a _General_ to

manage their Wars." The like _Cæsar_, lib. 6. Cap. 4. writes in these

Words: "Those _Commonwealths_ which are esteem'd to be under the best

Administration, have made a Law, that if any Man chance to hear a Rumour

or Report abroad among the Bordering People, which concerned the

_Commonwealth_, he ought to inform the _Magistrates_ of it, and

communicate it to no body else. The _Magistrates_ conceal what they

think proper, and acquaint the Multitude with the rest: For of Matters

relating to the _Community_, it was not permitted to any Person to talk

or discourse, but in _Council_".--Now concerning this _Common Council_

of the whole Nation, we shall quote these few Passages out of _Cæsar_.

"They demanded, (says he) _lib._ 1. _cap._ 12. a _General Council_ of

_all Gallia_ to be summon'd; and that this might be done by _Cæsar_'s

Consent." Also, _lib._ 7. _cap._ 12.--"a _Council_ of all _Gallia_ was

summon'd to meet at _Bibracte_; and there was a vast Concourse from all

Parts to that Town."--And _lib._ 6. _cap._ 1--"_Cæsar_ having summon'd

the _Council_ of _Gaul_ to meet early in the Spring, as he had before

determin'd: Finding that the _Senenes, Carnates_ and _Treviri_ came not

when all the rest came, he adjourned the _Council_ to Paris."--And,

_lib_ 7. _cap._ 6. speaking of _Vercingetorix_,--"He promis'd himself,

that he shou'd be able by his Diligence to unite such _Commonwealths_ to

him as dissented from the rest of the Cities of _Gaul_, and to form a

_General Council_ of all _Gallia_; the Power of which, the whole World

should not be able to withstand."

Now concerning the _Kings_ which ruled over certain Cities in _Gallia_

the same Author makes mention of them in very many Places; Out of which

this is particularly worthy our Observation: That it was the _Romans_

Custom to caress all those _Reguli_ whom they found proper for their

turns: That is, such as were busy men, apt to embroil Affairs, and to

sow Dissentions or Animosities between the several _Commonwealths_.

These they joined with in Friendship and Society, and by most honourable

publick Decrees called them their _Friends_ and _Confederates_: And many

of these _Kings_ purchased, at a great Expence, this Verbal Honour from

the _Chief Men_ of _Rome_. Now the _Gauls_ called such, _Reges_, or

rather _Reguli_, which were chosen, not for a certain Term, (as the

Magistrates of the Free Cities were) but for their Lives; tho' their

Territories were never so small and inconsiderable: And these, when

Customs came to be changed by Time, were afterwards called by the Names

of _Dukes, Earls_, and _Marquisses_.

Of the _Commonwealths_ or _Cities_, some were much more potent than

others; and upon these the lesser _Commonwealths_ depended; these they

put themselves under for Protection: Such weak Cities _Cæsar_ sometimes

calls the _Tributaries_ and _Subjects_ of the former; but, for the most

part he says, they were in _Confederacy_ with them. _Livius_ writes,

_lib. 5._ that when _Tarquinius Priscus_ reigned in _Rome_, the

_Bituriges_ had the principal Authority among the _Celtæ_, and gave a

_King_ to them. When _Cæsar_ first enter'd _Gaul_, A.U.C. 695. he found

it divided into Two Factions; the _Ædui_ were at the Head of the one,

the _Arverni_ of the other, who many Years contended for the

Superiority: But that which greatly increas'd this Contention, was,

Because the _Bituriges_, who were next Neighbours to the _Arverni_, were

yet _in file & imperio_ that is, Subjects and Allies to the _Ædui_. On

the other hand, the _Sequani_ (tho' Borderers on the _Ædui_) were under

the Protection of the _Arverni_, lib. 1. Cap. 12. lib. 6. cap. 4. The

_Romans_ finding such-like Dissention; to be for their Interest; that

is, proper Opportunities to enlarge their own Power, did all they cou'd

to foment them: And therefore made a League with the _Ædui_, whom (with

a great many Compliments) they titled _Brothers and Friends of the

People of Rome_. Under the Protection and League of the _Ædui_, I find

to have been first the _Senones_, with whom some time before the

_Parisians_ had join'd their _Commonwealth_ in League and Amity. Next,

the _Bellouaci_, who had nevertheless a great City of their own,

abounding in Numbers of People, and were of principal Authority and

Repute among the _Belgæ_, lib. 2. cap. 4. and lib. 7. cap. 7. _Cæsar_

reckons the _Centrones_, _Grudii_, _Levaci_, _Pleumosii_, _Gordunni_,

under the Dominion of the _Nervii_, lib. 5. cap. 11. He names the

_Eburones_ and _Condrasii_ as Clients of the _Treviri_, lib. 4. cap. 2.

And of the _Commonwealth_ of the _Veneti_ (these are in _Armorica_ or

_Brittanny_) he writes, that their Domination extended over all those

Maritime Regions; and that almost all that frequented those Seas were

their Tributaries, _lib._ 3. _cap._ 2. But the Power of the _Arverni_

was so great, that it not only equall'd that of the Ædui, but a little

before _Cæsar_'s Arrival, had got most of their Clients and Dependents

from them, _lib._ 6 _cap._ 4. _lib._ 7. _cap._ 10. Whereupon, as Strabo

writes in his 4th Book, they made War against _Cæsar_ with Four hundred

thousand Men under the Conduct of their General _Vercingetorix_. These

were very averse to Kingly Government: So that _Celtillus_, Father to

_Vercingetorix_, a Man of great Power and Reputation (reckon'd the first

Man in all _Gaul_,) was put to Death, by _Order_ of his _Commonwealth_,

for aspiring to the _Kingdom_. The _Sequani_, on the other hand, had a

King, one _Catamantales_, to whom the _Romans_ gave the Title of their

_Friend_ and _Ally_, lib. 1. cap. 2. Also the _Suessiones_, who were

Masters of most large and fertile Territories, with 12 great Cities, and

cou'd muster Fifty thousand fighting Men, had a little before that time

_Divitiacus_, the most potent Prince of all _Gallia_ for their King; he

had not only the Command of the greatest Part of _Belgæ_, but even of

_Britanny_. At _Cæsar_'s Arrival they had one _Galba_ for their King,

_lib._ 2. _cap._ 1. In _Aquitania_, the _Grandfather_ of one _Piso_ an

_Aquitanian_ reigned, and was called _Friend_ by the People of _Rome_,

lib. 4. cap. 3. The _Senones_, a People of great Strength and Authority

among the _Gauls_, had for some time _Moritasgus_ their King; whose

Ancestors had also been Kings in the same Place, _lib._ 5. _cap._ 13.

The _Nitiobriges_ or _Agenois_, had _Olovico_ for their King; and he

also had the Appellation given him of _Friend_ by the _Senate_ of

_Rome_, lib. 7. cap. 6.

But concerning all these Kingdoms, one thing is remarkable, and must not

lightly be past by; which is That _they were not hereditary_, but

_conferr'd_ by the _People_ upon such as had the Reputation of being

just Men. Secondly, That they had no _arbitrary_ or _unlimited

Authority_, but were bound and _circumscribed_ by _Laws_; so that they

were no less accountable to, and subject to the Power of the People,

than the People was to theirs; insomuch that those _Kingdoms_ seem'd

nothing else but _Magistracies for Life_. For Cæsar makes mention of

several _private Men_, whose _Ancestors_ had formerly been _such Kings_;

among these he reckons _Casticus_, the Son of _Catamantales_, whose

Father had been King of the _Sequani_ many Years, _lib._ 1. _cap._ 2.

and _Piso_ the _Aquitanian_, lib. 4. cap. 3. also _Tasgetius_, whose

Ancestors had been Kings among the _Carnutes_, lib. 5. cap. 8.

Now concerning the Extent of their _Power_ and _Jurisdiction_, he brings

in _Ambiorix_, King of the _Eburones_, giving an account of it, _lib._

5. _cap._ 8. "The Constitution of our Government is such (says he) that

the People have no less Power and Authority over me than I have over the

People. _Non minus habet in me juris multitudo, quam ipse in

multitudinem._" Which Form of Government, _Plato, Aristotle, Polybius_

and _Cicero_ have for this Reason determined to be the _best_ and _most

Excellent_: "Because (says _Plato_) shou'd Kingly Government be left

without a Bridle, when it has attained to supreme Power, as if it stood

upon a slippery Place, it easily falls into Tyranny: And therefore it

ought to be restrained as with a Curb, by the Authority of the Nobles;

and such chosen men as the People have empower'd to that End and

Purpose."

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