CHAP. XIV.

_Of the_ Constable, _and_ Peers _of_ France.

Besides the great Office of _Mayor_ of the _Palace_ before spoken of,

there was another which we must take Notice of; because it seems, in the

Memory of our Forefathers, to have succeeded in Place of the former: And

that was the Office of _Count_ of the _King's Stable_; called at first,

_Comes stabuli_; and by Corruption at last, _Connestabuli_. Now all

those who enjoy'd any extraordinary Honours or Employments in the King's

Court, and assisted in the Administration of the Commonwealth, were

commonly called _Comites, Counts_; which was likewise the Custom of the

Ancients, as I have in some other of my Works demonstrated. So _Cicero_,

in many Places, calls _Callisthenes, Comitem Alexandri magni_. This

_Comes stabuli_ was in a Manner the same with the _Magister Equitum_

among the _Romans_, that is, _General_ of the _Horse_; to whom were

subject those Keepers of the Horses commonly called _Querries_. _Greg.

Turen_ lib. 5. cap. 39. says,--"The Treasurer of _Clodoveus_ being taken

out of the City of _Bourges_, by _Cuppan_, _Count_ of the _Stable_, was

sent in Bonds to the Queen, &c." And again, _cap._ 48. where he speaks

of _Leudastes_,--"She took him (says he) into Favour, rais'd him, and

made him Keeper of the best Horses; which so filled him with Pride and

Vanity, that he put in for the _Constableship_; [_Comitatum Stabuloram_]

and having got it, began to despise and undervalue every Body." From

these Quotations it appears, that tho' the Custody of the Horses was a

very honourable Employment, yet 'twas much inferior to that of

_Constable_. _Aimoinus_, lib. 3. cap. 43. gives the same Account of this

_Leudastes_.--"Being grown very intimate with the Queen, he was first

made Keeper of the Horse; and afterwards obtaining the Constableship

above the rest of the Keepers, he was (after the Queen's Death) made by

King _Charibert_, _Count_ of _Tours_." And _cap._ 70. "_Leudegesilus_,

Præfect of the King's Horses, whom they commonly call _Constable_,

being made General of that Expedition by the King, order'd the Engines

to be drawn down &c." Also _lib._ 4. _cap_, 95. where he speaks of

_Charles_ the Great,--"The same Year (says he) he sent _Burchard,

Comitem Stabuli sui_, which we corruptly call _Constabulum_, with a

Fleet against _Corsica_"--. The Appendix to _Gregory_ calls him,

_Comestabulum, lib._ II. _Brunechildis_ (says he) was brought out of the

Village, _ab exporre Comestabulo_.

This being so, _Albertus Krantzius_, lib. Suet. 5. cap. 41. ventures to

affirm, that this _Constable_ was the same with what the _Germans_ call

_Mareschal_. "They named (says he) a _Governor_, one of the best

Soldiers, who might have the Power of Convocating the _Assembly_ of the

Kingdom, and of acting in all Matters like the _Prince_. Our

_Countrymen_ call him a _Mareschal_, the French call him _Constable_,

&c." This seems the more probable, because I do not remember any Mention

to have been made in ancient Times, of a _Mareschal_ in our

_Francogallia_; so that 'tis very likely to have been an Institution of

our latter Kings, accommodated to the Custom of the _Germans_.

That this _Comitatus Stabulorum_, a _Constableship_, had its Rise from

the Institution of the _Roman Emperors_, I do not at all question;

altho' it grew by Degrees among us from slender Beginnings, to the

Heighth of chief _Governor_ of the _Palace_. In former Times that

Dignity was a Sort of _Tribunatus Militaris. Ammianus_, lib. 26. has

this Expression where he speaks of _Valentinian_ the Emperor,--"Having

fixed his Stages, or Days Journeys, he at last entred into _Nicomedia_;

and about the Kalends of _March_, appointed his Brother _Valens_ to be

Governor of his Stables, _cum tribunatus dignitate_, with _tribunitial

Dignity_." What Kind of Dignity that was, we may find in the Code of

_Justinian_, lib. 1. Cod. _de comitibus & tribunis Schol._ Where 'tis

reckoned as a great Honour for them to preside over the Emperor's

Banquets, when they might adore his Purple. Also in _lib. 3. Cod.

Theodos. de annon. & tribut, perpensa, 29. Cod. Theod. de equorum

Collatione & lib. 1. Cod. Theod._ wherein we may find a Power allowed

them, of exacting Contribution to a certain Value from the Provincials

who were to furnish War-Horses for the Emperor's Service.

It now remains that we discourse a little of those Magistrates, which

were commonly called _Peers_ of _France_; whereof we can find no Records

or Monuments, tho' our Endeavours have not been wanting. For among so

great a Number of Books, as are called Chronicles and Annals of

_Francogallia_, not one affords us any probable Account of this

Institution. For what _Gaguinus_, and _Paulus Æmilius_ (who was not so

much an Historian of _French_ Affairs, as of the _Pope's_) and other

common Writers do affirm, to wit, That those Magistrates were instituted

by _Pipin_ or _Charlemagn_, appears plainly to be absurd; because not

one of all the _German_ Historians, who wrote during the Reigns of those

Kings, or for some Time after, makes the least Mention of those

Magistrates. _Aimoinus_ himself who wrote a History of the Military

Atchievements and Institutions of the _Franks_, down to the Reign of

_Lewis the Pious_, and the _Appendix_, which reaches as far as the Time

of _Lewis the Younger_, being the 37th King, speak not one Word of these

_Peers_ in any Place of their Histories; so that till I am better

inform'd, I must concur in Opinion with _Gervase_ of _Tilbury_, who (as

_Gaguinus_ says in the Book which he wrote to the Emperor _Otho_ the

IVth, _de otiis imperialibus_) affirms. That this Institution is first

owing to King _Arthur_ of _Britain_, who ruled some time in Part of

_France_.

For I suppose the Original of that Institution to be this; that as in

the _Feudal_ Law such are called, _Pares curie beneficiari_, i. e. _equal

Tenants by Homage of the Court_, or _Clientes [Greek: omotimoi],

Clients of like holding_, or _Convassilli, Fellow Vassals_, who

hold their _Fiefs_ and _Benefices_ from one and the same _Lord_ and

_Patron_; and upon that Account are bound to him in _Fealty_ and

Obedience: just so King _Arthur_ having acquired a new Principality,

selected _twelve great Men_, to whom he distributed the several Parts

and _Satrapies_ of his Kingdom, whole Assistance and Advice he made use

of in the Administration of the Government. For I cannot approve of

their Judgment, who write, that they were called _Peers_, because they

were _Pares Regi_, the _King's Equals_; since their Parity his no

Relation to the _Regal Dignity_, but only to that Authority and Dignity

they had agreed should be common among them. Their Names were these, the

_Dukes of Burgundy, Normandy_, and _Aquitain_; the _Counts_ of

_Flanders, Tholouse_, and _Champagne_; the _Archbishops_ of _Rheims,

Laon_, and _Langres_; the _Bishops_ of _Beauvais, Noyon_, and _Chalons_.

And as the _Pares Curtis_, or _Curie_, in the _Feudal_ Law, can neither

be created, but by the Consent of the Fraternity; nor _abdicated_, but

by Tryal before their Colleagues; nor _impeach'd_ before any other Court

of Judicature; so these _Peers_ were not bound by any judgment or

Sentence, but that of the _Parliament_, that is, of this imaginary

Council; nor could be _elected_ into the _Society_, or _ejected_ out of

it, but by their _Fellows in Collegio_.

Now altho' this Magistracy might owe its Original to a foreign Prince;

yet when he was driven out, the succeeding Kings finding it accommodated

to their own Ends and Conveniences, ('tis most probable) continued and

made use of it. The first mention I find made of these _Peers_, was at

the Inauguration of _Philip the Fair_, by whom also (as many affirm) the

Six _Ecclestastical Peers_ were first created.

But _Budæus_, an extraordinary Learned Man, calls these _Peers_ by the

Name of _Patritians_; and is of Opinion that they were instituted by one

of our Kings, who was at the same Time _Emperor_ of _Germany_; because,

_Justinian_ says, those _Patres_ were chosen by the _Emperor_, _quasi

Reipub. patronos tutoresque_, as it were _Patrons_ and _Tutors_ of the

Commonwealth. I do not reject this Opinion of that Learned Person; such

a Thing being very agreeable to the Dignity of these _Peers_. For in the

Times of the later _Roman Emperors_, we find the _Patritian_ Dignity not

to have been very unlike that of the _Peers_; because (as _Suidas_

assures us,) they were (partly) the _Fathers of the_ Republick, and were

of _Council_ with the Emperor in all weighty Concerns, and made use of

the same Ensigns of Authority with the _Consuls_; and had greater Honour

and Power than the _Præfectus Prætorio_, tho' less than the _Consul_;

as we may learn _ex Justiniani Novellis_; from _Sidon. Apollin.

Claudian_; and _Cassiadorus_ especially.

But when the _Empire_ was transferr'd to the _Germans_, we do not

believe this Honour was in use among them. Neither is it likely, that

none of the _German_ Historians should have made the least Mention

of it, if any _Patritians_ of that Kind had been instituted by a

_German_ Emperor, who at the same Time was King of _Francogallia_.

Lastly, The same _Budæus_ tells us in that Place, tho' a little

doubtingly, that the like Dignity of _Peers_ had been made use of in

other neighbouring Nations; and that in the _Royal Commentaries, Anno_

1224, 'tis found written, that a certain Gentleman of _Flanders_, called

_Joannes Nigellanus_, having, a Controversy there, appeal'd from the

_Countess_ of _Flanders_ to the _Peers_ of _France_; having first taken

his Oath that he could not expect a fair and equal Tryal before the

_Peers_ of _Flanders_. And when afterwards the Cause was by the

_Countess_ revok'd to the judgment of the _Peers_ of _Flanders_, it was

at Length for certain Reasons decreed, that the _Peers_ of _France_

should take Cognisance of it. What the Reasons were of transferring,

that Tryal, _Budæus_ does not tell us; which one versed in the _Feudal_

Laws should never have omitted. But 'tis Time to return to our principal

Business.

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