_Of the uninterrupted Authority of the_ Publick Council
_during the_ Capevingian _Race_.
We may learn, out of _Froissard, Monstrellet, Gaguinus, Commines,
Gillius_, and all the other Historians who have written concerning these
Times, that the Authority of the Publick Council was little or nothing
less in the Time of the _Capevingian_ Family than it had been during the
two former Races. But because it would be too troublesome, and almost an
infinite Labour to quote every Instance of this Nature, we shall only
chose some few of the most remarkable Examples out of a vast Number
which we might produce.
And the first shall be, what hapned in the Year 1328. When _Charles_ the
_Fair_ dying without Issue Male, and leaving a Posthumous Daughter
behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of
_Charles_, claimed the Kingdom of _France_ as belonging to him of Right.
Now there could be no Trial of greater Importance, nor more illustrious,
brought before the _Publick Council_, than a Controversy of this Kind.
And because it was decided there, and both Kings did submit themselves
to the Judgment and Determination of the Council, 'tis an irrefragable
Argument, that the _Authority_ of the _Council_ was greater than that of
both Kings. This Fact is recorded not only by all our own Historians,
but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19.
Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I.
has left it on Record, (grounded, no doubt, upon sufficient
Authorities,) "That both Kings were present at that _Council_, when the
Matter was almost brought to an open Rupture; by the Advice of the
_Nobles_, a _General Convention_ of the _People_ and _States_ was
summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the
Father's Side, ought to have the Preference; and that the Custody of the
Queen, then great with Child, shou'd be given to _Valois_; to whom also
the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a
Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_
Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_,
have published.
The Year 1356, furnishes us with another Example; at which Time King
_John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and
carried into _England_.--"After so great a Calamity, the only Hopes left
were in the Authority of the _Great Council_; therefore immediately a
Parliament was summon'd to meet at _Paris_. And altho' King _John_'s
Three Sons, _Charles_, _Lewis_ and _John_, were at Hand, the eldest of
which was of competent Age to govern; yet other Men were chosen, to wit,
_twelve approved Persons_ out of each _Order_ of the _States_, to whom
the Management of the Kingdom's Affairs was intrusted; and there it was
decreed, that an Embassy shou'd be sent into _England_ to treat of Peace
with the _English_." _Froissard_, Vol. I. cap. 170. _Joannes Buchettus_,
lib. 4. fol. 118. _Nich. Gillius_ in Chron. _Regis Joannis_, are our
Authors.
A third Instance we have _Anno_ 1375, when the last Will and Testament
of _Charles_ the Fifth, Surnamed the _Wise_, was produced: By which Will
he had appointed his Wife's Brother, _Philip_ Duke of _Bourbon_, to be
Guardian to his Sons, and _Lewis_ Duke of _Anjou_ his own Brother, to be
Administrator of the Kingdom till such Time as his Son _Charles_ shou'd
come of Age. But notwithstanding this, a _Great Council_ was held at
_Paris_, wherein (after declaring the Testament to be void and null) it
was decreed, that the _Administration_ of the Kingdom shou'd be
committed to _Lewis_, the Boy's Uncle: "_But upon this Condition, that
he_ should be _ruled and governed_ in that _Administration, by the
Advice of certain Persons named and approv'd by the_ Council." The
Education and Tutelage of the Child was left to _Bourbon_; and at the
same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd
as soon as he shou'd be full 14 Years old, and receive the Homage and
Oath of Fidelity from his Subjects.--_Froissard_, Vol. 2. cap. 60.
_Buchett_, lib. 4. fol. 124. Chro. Brit. Cap.
A 4th Example we have in the Year 1392; at which Time the same _Charles_
the Sixth was taken with a sudden Distraction or Madness, and was
convey'd first to _Mans_, and afterwards to _Paris_; and there a
_General Council_ was held, wherein it was decreed by the _Authority of
the States_, that the _Administration_ of the _Kingdom_ shou'd be
committed to the Dukes of _Aquitain_ and _Burgundy_.--_Froissard_, Vol.
4. cap. 44. is our Author.
5. Neither must we omit what _Paponius_ (Arrest. lib. 5. tit. 10. Art.
4.) testifies to have been declared by the _Parliament_ at _Paris_,
within the Compass of almost our own Memories, when _Francis_ the First
had a Mind to alienate Part of his Dominions; _viz._ "That all
Alienations of that Kind made by any of his Predecessors, were void and
null in themselves; upon this very Account, that they were done _without
the Authority of the Great Council_, and of _the Three Estates_," as he
calls them.
A 6th Example we have in the Year 1426, when _Philip_ Duke of
_Burgundy_, and _Hanfred_ [Dux _Glocestriæ_] were at mortal Enmity with
each other, to the great Detriment of the Commonwealth and it was at
last agreed between them to determine their Quarrel by single Combat:
For in that Contention the _Great Council_ interposed its Authority, and
decreed that both shou'd lay down their Arms, and submit to have their
Controversies _judicially tryed_ before the _Council_, rather than
_disputed_ with the _Sword_. Which History is related at large by
_Paradinus_, in _Chron. Burgund. lib._ 3. _Anno_ 1426.
A 7th Example happned in the Year 1484, when _Lewis the Eleventh_ dying,
and leaving his Son _Charles_, a Boy of 13 Years old; a _Council_ was
held at _Tours_, wherein it was decreed, "The Education of the Boy
shou'd be committed to _Anne_ the King's Sister;" but the Administration
of the Kingdom shou'd be intrusted to certain Persons _Elected and
approved by that Council_; notwithstanding _Lewis_, Duke of _Orleans_,
the next Kinsman by the Father's Side, demanded it as his Right. A
Testimony of which Transaction is extant in the Acts of that _Council_,
printed at _Paris_; and in _Joannes Buchettus_ 4th Book, folio 167.
* * * * *