_The Form and Constitution of the_ Francogallican
_Government_.
These Things being thus briefly premised, we think it proper now to set
forth in what Manner the Kingdom of _Francogallia_ was constituted. And
we have already made it plain, that the _People_ reserv'd to themselves
all the Power not only of _Creating_, but also of _Abdicating_ their
_Kings_. Which Form of Government 'tis manifest our Ancestors had;
before they were brought under by the _Romans_, "So that _the People_
(as _Cæsar_ tells us) _had no less authority and Power over their
Kings, than the Kings had over the People_. Populus non minus in Regem,
quam rex in populum imperii ac Potestatis retinet." Altho' 'tis probable
the _Franks_ did not derive this Constitution of their Commonwealth from
the _Gauls_; but from their Countrymen, the _Germans_; of whom
_Tacitus_, lib. de mor. _Germ._ says,--"Regibus non est infinita aut
libera Potestas. Their _Kings_ have not an _Arbitrary_ or _Unlimited
Power_." Now 'tis manifest, that no Form of Government is more remote
from Tyranny, than this: for not one of the three distinguishing Marks,
or Characteristicks of _Tyranny_, which the old Philosophers make
mention of, can be found in the Form and Constitution of our Government.
First, as to a forced Obedience; _i. e._ that a King shou'd rule over a
People against their Wills; we have shewn you already, that the _Supreme
Power_, both of _Electing_ and _Abdicating_ their _Kings_, was in the
_People_. Secondly, as to a Life-guard composed of Foreigners, (which
they reckon the Second Mark of _Tyranny_); so far were our
_Francogallian_ Kings from making use of Mercenary Strangers for their
Guards, that they had not so much as their own Countrymen and Citizens,
for that Purpose; but placed their whole Trust and Confidence in the
Love and Fidelity of their Subjects; which they thought a sufficient
Guard.
As an Argument of this, we may observe what _Gregory of Tours_ writes,
lib. 7. cap. 18. and _Aimoinus_, lib. 3. cap. 63.--"King _Gontrannus_
being inform'd by an ordinary Fellow at _Paris_, that _Faraulphus_ lay
in Wait for him, presently began to secure his Person by Guards and
Weapons; so that he went no whither (not even to the Holy Places)
without being surrounded with armed Men and Soldiers." We have at
present a very famous History extant of St. _Lewis_, written by that
excellent Person _Joannes Jonvillæus_, who lived very familiarly with
that King for many Years; in which whole History there is not the least
Mention made of Guards or Garisons, but only of Porters or Doorkeepers;
which in his native Tongue, he calls Ushers.
Now as to the third Mark of _Tyranny_, which is when Matters are so
carried, that what is done tends more to the Profit and Will of the
_Person governing_, than to that of the _governed_, or the Good of the
_Commonwealth_; we shall hereafter prove, that the _Supreme_
Administration of the _Francogallican Kingdom was lodged in the Publick
Annual Council of the Nation, which in After-Ages was called the
Convention of the Three Estates_. For the Frame of this Government was
the very same which the _Ancient Philosophers_, and among them _Plato_
and _Aristotle_ (whom _Polybius_ imitates) judged to be the best and
most excellent in the World, as being made up and constituted of a
Mixture and just Temperament of the three Kinds of Government, _viz._
the _Regal, Noble_, and _Popular_. Which Form of a _Commonwealth,
Cicero_ (in his Books _de Republicâ_) prefers to all other whatsoever.
For since a _Kingly_ and a _Popular_ Government do in their Natures
differ widely from each other, it was necessary to add a _third_ and
_middle State_ participating of both, _viz._ that of the _Princes_ or
_Nobility_; who, by Reason of the Splendor and Antiquity of their
Families, approach, in some Degree, to the _Kingly Dignity_; and yet,
being _Subjects_, are upon that Account on the same Foot and Interest
with the _Commons_. Now of the Excellency of this Temperament in a
Commonwealth, we have a most remarkable Commendation in Cicero, taken by
him out of _Plato_'s Books _de Republicâ_; which, because of its
singular Elegancy, we shall here insert at length.
"Ut in fidibus (inquit) ac tibiis, atque cantu ipsò, ac vocibus,
tenendus est quidam concentus ex distinctis sonis, quem immutatum ac
discrepantem aures eruditæ ferre non possunt; isque concentus ex
dissimillimarium vocum moderatione concors tamen efficitur, & congruens;
Sic ex summis, & mediis, & infimis interjectis ordinibus, ut sonis,
moderatâ ratione _civitas_, consensu dissimillimorum concinit, & quæ
_harmonia_ a musicis dicitur in _cantu_, ea est in _Civitate concordia_:
arctissimum atq; optimum in Repub. vinculum incolumitatis, quæ fine
justitiâ nullo pacto esse potest. _i. e._ As in Fiddles and Flutes, and
even in Singing and Voices, a certain Consort of distinct Sounds is to
be observed; which if it be alter'd, or not tunable, skilful Hearers
cannot bear or endure: And this Consort of very different Tones, is,
through as just Proportion of the Notes, rendred Concord, and very
agreeable: Even so a Commonwealth, judiciously proportioned, and
composed of the _first_, the _middlemost_, and the _lowest_ of the
_States_, (just as in the Sounds) through the Consent of People very
unlike to each other, becomes agreeable: And what Musicians in Singing
call _Harmony_, that in a Commonwealth is _Concord_; the very best and
strongest Bond of Safety for a Government, which can never fail of being
accompanied with _Justice_." Our Ancestors therefore following this
Method, of a just Mixture of all the three Kinds, in the constituting
their Commonwealth, most wisely ordained, that every Year on the
_Calends_ of _May_, a Publick _Council_ of the whole Nation should be
held: at which _Council_ the great Affairs of the Republick shou'd be
transacted by the common Consent and Advice of all the _Estates_. The
Wisdom and Advantage of which Institution, appears chiefly in these
three things: First, That in the Multitude of prudent Counsellors, the
Weight and Excellency of Counsel shews it self more apparently, as
_Solomon_ and other Wise Men have said. Secondly, _Because it is an
essential part of liberty, that the same persons, at whose cost and
peril any thing is done, shou'd have it done likewise by their authority
and advice: for_ ('tis a common Saying) _what concerns all, ought to be
approved by all_. Lastly, That such Ministers of State as have great
Power with the Prince, and are in high Employments, may be kept within
the Bounds of their Duty, thro' the Awe they stand in of this _great
Council_, in which all the Demands and Grievances of the Subject are
freely laid open.--"For such Kingdoms as are ruled by the arbitrary Will
and Pleasure of _one Prince_, may most justly (as _Aristotle_ in his
third Book of Politicks observes) be reckon'd Governments of Sheep; and
brute Beasts, without Wit or judgment; not of Freemen, who are endued
with Understanding, and the Light of Reason." The Case is thus--That
even as Sheep are not guided or tended by one of their own Kind, nor
Boys govern'd by one of themselves, but by something of more Excellency;
even so a Multitude of Men ought not to be ruled and govern'd by one
single Person, who perhaps understands and sees less than several others
among them; but by many select Persons, who, in the Opinion of all Men,
are both very prudent and eminent; and who act by united Counsels, and,
as it were, by one Spirit, composed and made up of the Minds of many
Wise Men.
Now whereas it may be objected, that most Kings have a constant _Privy
Council_ to advise them in the Administration of publick Affairs: We
answer, That there is a great deal of Difference between a Counsellor of
the _King_, and a Counsellor of the _Kingdom_. This last takes care of
the Safety and Profit of the whole Commonwealth; the other serves the
Humour and studies the Conveniences of one Man only; and besides, these
King's Counsellors reside, for the most part, in one certain Place; or
at least near the Person of the Prince, where they cannot be supposed to
be throughly acquainted with the Condition of the more remote Cities or
Provinces; and being debauched by the Luxury of a Court life, are easily
depraved, and acquire a lawless Appetite of Domineering; are wholly
intent upon their own ambitious and covetous Designs; so that at last
they are no longer to be consider'd as Counsellors for the Good of the
Kingdom and Commonwealth, but Flatterers of a single Person, and Slaves
to their own and Prince's Lusts.
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_."
* * * * *