_What Rule was observ'd concerning the Inheritance of the
deceased King, when he left more Children than one._
All that we have above said, tends to prove, that the Kingdom of
_Francogallia_ in old times, did not descend to the Children by _Right
of Inheritance_ (as a private Patrimony does); but was wont to be
bestow'd by the _Choice and publick Suffrages of the People_: So that
now there is the less Room left for the Question,--What Rule was
observed in Relation to the Children of the deceased King, when he left
more than one behind him. For since the Supreme Power nor only of
_Creating_, but also of _dethroning_ their Kings, was lodged in the
_Convention_ of the _People_, and _Publick Council_ of the Nation; it
necessarily follows, that the _ordering_ the _Succession_ (whether they
should give it entirely to one, or divide it) was likewise in the
_People_. Altho' in this place another Question may arise, _viz._
supposing the People shou'd _reject_ the Son of their King, and _elect_
a Stranger, whether any thing should be allowed to the first to maintain
his Dignity? For the Solution, of which 'tis to be understood, that
Lawyers reckon four Kinds of such Goods, as may be properly said to be
under the King's [Footnote: _In Regis ditione._] Governance; _viz._ the
Goods of _Cæsar_, the Goods of the _Exchequer_; the Goods of the
_Publick_, and _Private_ Goods. The Goods of _Cæsar_ are such as belong
to the _Patrimony_ of every Prince, not as he is _King_, but as he is
Ludovicus, or _Lotharius_, or _Dagobertus_. Now this Patrimony is called
by the _Gallican_ Institutions, _The King's Domain_; which cannot be
alien'd, but by the Consent of the _publick Council_ of the Nation, as
we shall make it appear hereafter, when we come to treat of the
Authority of that _Council_. The Goods of the _Exchequer_ are such as
are given by the _People_, partly to defend the King's Dignity, and
partly appropriated to the Uses and Exigencies of the _Commonwealth_.
The Goods of the _Publick_ (as the Lawyers call them) are such as
inseparably belong to the _Kingdom_ and _Commonwealth_. The _private_
Goods are reckon'd to be such Estate, Goods and Fortune, as are esteemed
to belong to every Father of a Family. Therefore upon the Death of any
King, if the Kingdom be conferr'd on a Stranger, the _Patrimonial_
Estate, as Lawyers call it, (being what was not in the King's Power to
alienate) shall descend by Inheritance to his Children: But that which
belongs to the _Kingdom_ and _Commonwealth_, must necessarily go to him
who is chosen King, because it is part of the _Kingdom_. Altho' it may
be reasonable, that Dukedoms, Counties, and such like (by Consent of the
_publick Convention_ of the People) may be assigned to such Children for
the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.
and _Godfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_
being made King, assigned certain Towns and Villages near the _Loire_,
to his Brother _Heribert_ for his Maintenance. Which _Aimoinus_
confirms, _lib._ 4. cap. 17. and further adds, that he made a Bargain
with him, to live as a private Person, and to expect no more of his
Father's Kingdom. Also in his 61. _chap._ where he speaks of King
_Pipin_, "He bestowed (says he) some Counties on his Brother _Grison_,
according to the _Order_ of the Twelve Peers." And to this belongs what
_Greg. Turon._ writes, _lib. 7. cap. 32._--"_Gondobaldus_ sent two
Ambassadors to the King with consecrated Rods in their hands, (that no
Violence might be offer'd them by any body, according to the Rites of
the _Franks_) who spoke these Words to the King, _Gondobaldus_ says, he
is a Son of King _Clotharius_, and has sent us to claim a due Portion of
his Kingdom."
But to return to the Question, as far as it relates to the Succession of
the Kingdom; I can find out no certain Rule or Law in _Francogallia_
touching that Matter; because (as I said before) the Kingdom was not
hereditary. 'Tis true, that in many _Noble Patrimonies_ there was what
we call _Fiefs_, Feuda; as _Otto Frising. lib. 2. cap. 29._ observes,
"'Tis the Custom (says he) in _Burgundy_, which is also in most of the
other Provinces of _France_, that the Authority of the Paternal
Inheritance always falls to the Elder Brother, and his Children, whether
Male or Female; the others looking on him as their Lord--." And that the
same was practised among the whole Nation of the _Franks, Petrus de
Vincis_, lib. epist. 6. epist. 25. and in other Places of his Writings,
sets forth at large. But in the Succession of the Kingdom a different
Rule was observ'd. For our Records do testify, that in old times the
Kingdom of _Francogallia_, upon the Death of the King, was very often,
not bestowed by the People on any one of his Sons, but divided into
convenient Parcels, and a part assigned to each of them. Therefore when
_Clodoveus_ the 2d King dyed, _anno_ 515. who left four Sons,
_Theodorick, Clodoveus, Childebert_, and _Clotharius_, we find the
Kingdom was thus divided among them; _Theodorick_ had the Kingdom of
_Metz_ for his Share, _Clodoveus_ that of _Orleans, Clotharius_ that of
_Soissons_, and _Childebertus_ that of _Paris_, as 'tis recorded by
_Agathius_, lib. hist. 1. _Greg. Turon._ lib. 3. cap. 1. _Aimoinus_ lib.
2. cap. 1. _Rhegino_ sub anno 421.
Again, after the Death of _Clotharius_ the 4th King, the Kingdom was
divided among his four Sons. So that _Cherebertus_ had that of _Paris:
Guntranus, Orleans: Chilpericus, Soissons:_ and _Sigebertus_ that of
_Rheims_--, Greg. _lib. 4. cap. 22._ Aimoinus _lib. 3. cap. 1._ Rhegino
_sub anno_ 498.
On the other hand, _Otto Frising._ chron. 5. cap. 9. and _God. Viterb._
tell us, That about the Year 630, when _Lotharius_ the 7th King died,
_Dagobertus_ his Son reigned _singly_ in _France_, and assigned to his
Brother _Heribert_ some Cities and Villages on the River _Loire_, for
his Maintenance. For from _Clodoveus_'s Time till now, the Kingdom of
the _Franks_ was confusedly subdivided among the Sons, and the Sons
Sons, each of which reigned over the part allotted him.--"The Extent of
the Kingdom of the _Franks_ reaching now from _Spain_, as far as to
_Hungary: Dagobert_ being sole King of all the _Franks_, gave Laws to
the _Bavarians_." So says _Godefridus_, not without good Grounds, as
many wise Men have thought. For, as _Justin_ tells us, _lib. 21._ "That
Kingdom will be much more potent, which remains under the Domination of
one Person, than when 'tis divided among many Brothers."
But after some Years, when the Kingdom of the _Franks_ was excessively
enlarged on all Sides, and King _Pipin_ was dead, the _General Council_
of the _Gauls_ changed this Method again. Which serves to confirm what
we said before; _viz._ That the _whole Power_, relating to that Matter,
was lodged in that _Council._ For _Eguinarthus_, in his Life of
_Charlemagn_, writes thus, "--After King _Pipin'_s Death, the _Franks_
having assembled themselves in a _solemn general Convention_, did there
_appoint_ both his Sons to be their Kings, upon this Condition, that
they shou'd equally divide the whole body of the Kingdom between them:
And that _Charles_ shou'd reign over that part of it, which their Father
_Pipin_ enjoy'd; and _Carloman_ over the other Part which their _Uncle_
held."
Also the _Abbot of Ursperg_ says,--"When _Pipin_ was dead, his two Sons
_Charles_ and _Carloman_, by the _Consent of all the Franks_, were
created Kings, upon Condition, that they shou'd divide the whole body of
the Kingdom equally between them.--" The same Method in dividing the
Kingdom, was practised after the Death of _Charlemagn_, as 'tis manifest
by his last Will and Testament, recorded by _Johannes Nauclerus_, and
_Eguinarthus_'s History of his Life. Wherein we find almost all _Europe_
so divided among his three Sons, that nothing was assigned either as a
Portion or Dower, to his Daughters; but the marrying and providing for
them was entirely trusted to the Care and Prudence of their Brothers.
_Otto Frisingensis_, chron. 6. cap. 6. and _Rhegino_ in chron. anno 877.
assure us, that the same Manner of dividing the Kingdom was practis'd in
_East-France_, after the Death of _King Lewis the Stammerer_, in 874.
Again, some Years after, _anno_ 880. after King _Lewis_ the 23d King's
Death, the very same way of dividing the Kingdom was made use of; which
however we are to observe, was _not in_ the _Power_ and _Arbitriment_ of
_the Kings themselves_; but done by the _Authority_ of the _Publick
Council_, as we may easily collect from these Words of _Aimoinus_, lib.
5. cap. 40. "The Sons (says he) of _Lewis_, late King of the _Franks_,
met at _Amiens_, and divided their Father's Kingdom between them,
_according to the Direction of their faithful Subjects._"
From all which Arguments 'tis very plain, that anciently there was no
certain Law or Right of _Francogallia_ touching this Matter; but the
_whole Power of disposing_ of it was lodged in the _Publick Council_ of
the Nation. Indeed afterwards in the Reign of _Philip_ the 3d, (the 41st
King) it was ordained, that certain Lordships might be set out and
assigned to younger Brothers: But even of this Law there were various
Interpretations, and many Controversies arose concerning Daughters; so
that we can deliver nothing for certain in this Affair; only thus much
we may truly say, That _if the Ancient Institution of our Ancestors
ought to be our Rule, the Determination of this whole Matter must be
left to the Publick General Council of the Nation:_ that according to
the Number of Children, some particular Lordships or Territories, may
_(by its Authority)_ be assigned for their Maintenance.
* * * * *