_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."
We may further observe, from very many Instances, that whenever the King
had any expensive Design in Hand, such as the Building of Churches or
Monasteries, he took first the Advice of the _Council_ of the
_Estates_. For _Aimoinus_, lib. 4. cap. 41. where he speaks of
_Clodoveus_ the Second, tells us, that sitting on his Throne, he began
his Oration to the _General Council_ in these Words.--"_Quamquam
Franciginæ cives, &c._ Altho' (says he) the Care I ought to take of my
Kingdom, obliges me to take your Advice in all Matters relating to the
Publick, &c."
And thus much may suffice on this Point. From all which we think it
appears plainly, that the whole Power of the Administration of the
Kingdom was lodg'd in the _Publick Council_, which they called
_Placitum_; because according to the Idiom of the _Latin_ Tongue, _that_
is properly termed _Placitum_, which after having been proposed and
debated in a Council of many Persons, is at last agreed to, and resolved
upon by them. And therefore _Cicero_, with others of the Ancients, were
wont to call such-like Determinations, _Placita Philosophorum_.
Since therefore the Matter is so, I hope the Opinion which we have
formerly given in some of our other Books, will not be esteemed absurd;
_viz._ That the common Form used by the King's Secretary in the last
Clause of our Ordinances and Edits, _Quia tale est PLACITUM nostrum_,
arises from hence: For anciently those Laws were written in the _Latin
Tongue_, (as is sufficiently proved by _Aimoinus_, the _Capitulary of
Charles the Great_, and many other Records); but afterwards when the
King's Secretaries or Clerks began to make Use of the Vulgar Tongue,
thro' Ignorance, or rather Malice, they translated it thus,--_Car tel
est nostre Plaisir: For such is our Will and Pleasure_.
Now as to the _Power_ of the _People_, we have this farther Argument
extant in the same Capitulary of _Charles the Great_.--"Let the _People_
(says it) be consulted touching all the Heads of the new Laws, which are
to be added to the former; and after they have _all given their
Consents_, let them set their Hands and Seals to every Article."
From which Words, 'tis apparent that the People of _France_ were wont to
be bound by such Laws _only_, as they had publickly agreed to in their
_Parliaments_. Also _in fine Leg. Aleman._ we find this Passage.--"This
is decreed by the _King_ and his _Nobles_, and all the Christian
_People_ which compose the Kingdom of the _Merovingians_." Also
_Aimoinus_, lib. 5 cap. 38.--"In this _Placitum_ the Laws which follow
were agreed upon, to be observed between them, by the _Consent_ of the
faithful _Subjects_.--An Agreement made between the Glorious Kings, &c.
by the _Advice_ and _Consent_ of their faithful Commons, &c."
Lastly, we cannot omit observing, that so great was the _Reputation_ and
_Authority_ of this _General Council_, even among _Strangers_, that
_foreign Princes_ submitted to have their Controversies and Differences
decided by it. The _Appendix_ to _Greg. Turon._ lib. 11. cap. 37. _Anno_
12. of _Theodorick_'s Reign, has this Passage in it.--"When
_Alsaciones_, [perhaps _Alsatia_] in which Country he had been brought
up, and which was left him by his Father _Childebert_, fell nevertheless
to _Theodebert_, according to the Custom in Use among the _Barbarians_;
the two Kings agreed that their Difference should be decided by the
judgment of the _Franks_, (in _Salocissa castro_) in their Camp near the
River _Sala_."
* * * * *