CHAP. XVIII.

_Of the Remarkable Authority of the_ Council _against_

Lewis _the_ Eleventh.

The _Power_ and _Authority_ of the _Council_ and the _Estates_

assembled, appears by the foregoing Testimonies to have been very great,

and indeed (as it were) _Sacred_. But because we are now giving Examples

of this Power, we will not omit a signal Instance of the _Authority_ of

this _Council_, which interposed it self in the Memory of our Fathers

against _Lewis the Eleventh_, who was reputed more crafty and cunning

than any of the Kings that had ever been before him.

In the Year 1460, when this _Lewis_ governed the Kingdom in such a

Manner, that in many Cases the Duty of a good Prince, and a Lover of his

Country, was wanting; the People began to desire the Assistance and

_Authority_ of the Great _Council_, that some Care might therein be

taken of the Publick Welfare; and because it was suspected the King

wou'd not submit himself to it, the _Great Men_ of the Kingdom (stirred

up by the daily Complaints and Solicitations of the _Commons_,)

"resolv'd to gather Forces, and raise an _Army_; that (as _Philip de

Comines_ expresses it) they might provide for the _Publick Good_, and

expose the King's wicked Administration of the Commonwealth." They

therefore agreed to be ready prepared with a good Army, that in Case the

King should prove refractory, and refuse to follow good Advice, they

might _compel him by Force_: For which Reason that War was said to have

been undertaken for the Publick Good, and was commonly called the War

_du bien public_. "_Comines_, _Gillius_, and _Lamarc_, have recorded the

Names of those Great Men who were the principal Leaders, the _Duke of

Bourbon_, the _Duke of Berry_, the King's Brother; the _Counts of

Dunois_, _Nevers_, _Armagnac_, and _Albret_, and the _Duke_ of

_Charalois_, who was the Person most concern'd in what related to the

Government. Whereever they marched, they caused it to be proclaimed,

that their Undertakings were only design'd for the _Publick_ Good; they

published Freedom from Taxes and Tributes, and sent Ambassadors with

Letters to the _Parliament_ at _Paris_, to the Ecclesiasticks, and to

the Rector of the University, desiring them not to suspect or imagine

these Forces were rais'd for the King's Destruction, but only to reclaim

him, and make him perform the _Office_ of a _Good King_, as the present

Necessities of the _Publick_ required."--These are _Gillius_'s Words,

lib. 4. fol. 152.

The Annals intituled the Chronicles of _Lewis the Eleventh_, printed at

_Paris_ by _Galliottus_ fol. 27. have these Words.----"The first and

chiefest of their Demands was, That a _Convention_ of the _Three

States_ should be held; _because in all Ages it had been found to be the

only proper Remedy for all Evils, and to have always had a Force

sufficient to heal such sort of Mischiefs_."--Again, Pag. 28. "An

Assembly was called on Purpose to hear the Ambassadors of the Great Men,

and met on the 24th Day in the Town-House at _Paris_; at which were

present some Chosen Men of the University, of the Parliament, and of the

Magistrates. The Answer given the Ambassadors, was, That _what they

demanded was most just_; and accordingly a _Council_ of the _Three

Estates_ was summon'd."--These are the Words of that Historian.--From

whence the Old Saying of _Marcus Antoninus_ appears to be most

true.--"Etsi omnes molestæ semper seditiones sunt, justas tamen esse

nonnullas, & prope necessarias: eas vero justissimas maximéque

necessarias videri, cum populus Tyranni sævitiâ oppressus auxilium à

legitimo Civium conventu implorat. Altho' all Sorts of Seditions are

troublesome, yet some of them are just, and in a Manner necessary; but

those are extraordinary just and necessary, which are occasion'd when

the People oppress'd by the Cruelty of a Tyrant, implores the Assistance

of a Lawful Convention."

_Gaguinus_, in his Life of _Lewis_ the _Eleventh_, pag. 265. gives us

_Charles_, the Duke of _Burgundy's_ Answer to that King's Ambassadors.

"_Charles_ (says he) heard the Ambassadors patiently, but made Answer,

That he knew no Method so proper to restore a firm Peace, at a Time when

such great Animosities, and so many Disorders of the War were to be

composed, as a _Convention of the Three Estates_. Which when the

Ambassadors had by Special Messengers communicated to King _Lewis_, he

hoping to gain his Point by Delays, summon'd the _Great Council_ to meet

at _Tours_, on the Kalends of _April_ 1467; and at the appointed Time

for the _Convention_, they came from all Parts of the Kingdom, &c."

The same Passage, and in almost the same Words, is recorded in the Book

of Annals, _fol. 64._ and in the Great Chronicle, _Vol. 4. fol. 242._

where these very remarkable Words are further added.--"In that Council

it was appointed, that certain approved Men shou'd be chosen out of each

of the _Estates_, who shou'd establish the Commonwealth, and take care

that Right and Justice shou'd be done." But _Gillius_ in the Place

above-mention'd says: "After the Battel at _Montlebery_, many

well-affected and prudent Men were elected to be _Guardians_ of the

_Publick Good_, according as it had been _agreed_ upon between the

_King_ and the _Nobles_; among whom the Count of _Dunois_ was the

Principal, as having been the chief Promoter of that Rising."--For it

had grown into Custom after the Wealth of the _Ecclesiasticks_ was

_excessively_ increas'd, to divide the People into Three _Orders_ or

_Classes_, whereof the _Ecclesiasticks_ made one; and when those

_Curators_ of the _Commonwealth_ were chosen, Twelve Persons were taken

out of each Order. So that it was enacted in that _Council_, that 36

Guardians of the Republick shou'd be created, with Power, by common

Consent, to redress all the Abuses of the Publick. Concerning which

Thing, _Monstrellettus_, Vol. 4. fol. 150 writes thus: "In the first

Place (says he) it was decreed, that for the re-establishing the State

of the Commonwealth, and the easing the People of the Burthen of their

Taxes, and to compensate their Losses, 36 Men shou'd be elected, who

shou'd have _Regal Authority_; viz. 12 out of the _Clergy_, 12 out of

the _Knights_, and 12 _skilful_ in the Laws of the Land; to whom Power

should be given of inspecting and enquiring into the Grievances and

Mischiefs under which the Kingdom laboured, and to apply Remedies to

all: And the King gave his Promise _in Verbo Regis_, That whatsoever

those 36 Men shou'd appoint to be done, he wou'd ratify and confirm."

_Oliver de la Marck_, a _Flemming_, in his History, _cap. 35._ writes

the same Thing, and mentions the same Number of 36 _Guardians_ or

_Curators_ of the _Commonwealth_. And he farther adds; "That because the

King did not stand to his Promise, but _violated_ his _Faith_, and the

_Solemn Oath_ which he had publickly sworn, a most _cruel War_ was

kindled in _Francogallia_, which set it all in a Flame, and continued

near 13 Years. Thus that King's Perjury was punish'd both by his own

Infamy, and the People's Destruction."

Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years

compleat, since the Liberties of _Francogallia_, and the _Authority_ of

its _annual General Council_, flourished in full Vigor, and exerted

themselves against a King of ripe Years, and great Understanding; for he

was above 40 Years old, and of such great Parts, as none of our Kings

have equall'd him. So that we may easily perceive that our

_Commonwealth_, which at first was _founded_ and _establish'd_ upon the

_Principles of Liberty_, maintained it self in the same free and sacred

State, (even by Force and Arms) against all the Power of Tyrants for

more then Eleven Hundred Years.

I cannot omit the great Commendation which that most noble Gentleman and

accomplish'd Historian, _Philip de Comines_, gives of this Transaction;

who in his 5th Book and 18th Chapter, gives this Account of it, which we

will transcribe Word for Word.--"But to proceed: Is there in all the

World any King or Prince, who has a Right of imposing a Tax upon his

People (tho' it were but to the Value of one Farthing) without their own

Will and Consent? Unless he will make use of Violence, and a Tyrannical

Power, he cannot. But some will say there may happen an Exigence, when

the Great _Council of the People_ cannot be waited for, the Business

admitting of no Delay. I am sure, in the Undertaking of a War, there is

no need of such hast; one has sufficient Leisure to think leisurely of

that Matter. And this I dare affirm, that when Kings and Princes

undertake a War with the Consent of their Subjects, they are both much

more powerful, and more formidable to their Enemies.--It becomes a King

of _France_ least of any King in the World, to make use of such

expressions as this.--_I have a Power of raising as great Taxes as I

please on my Subjects_;--for neither he, nor any other, has such a

Power; and those Courtiers who use such Expressions, do their King no

Honour, nor increase his Reputation with Foreign Nations; but on the

contrary, create a Fear and Dread of him among all his Neighbours, who

will not upon any Terms subject themselves to such a Sort of Government.

But if our King, of such as have a Mind to magnify his Power; wou'd say

thus; I have such obedient and loving Subjects, that they will deny me

nothing in Reason; or, there is no Prince that has a People more willing

to forget the Hardships they undergo; this indeed wou'd be a Speech that

wou'd do him Honour, and give him Reputation. But such Words as these do

not become a King; _I tax as much as I have a mind to; and I have a

Power of taking it, which I intend to keep_. _Charles_ the Fifth never

used such Expressions, neither indeed did I ever hear any of our Kings

speak such a Word; but only some of their Ministers and Companions, who

thought thereby they did their Masters Service: But, in my Opinion, they

did them a great deal of Injury, and spoke those Words purely out of

Flattery, not considering what they said. And as a further Argument of

the gentle Disposition of the _French_, let us but consider that

_Convention_ of the _Three Estates_ held at _Tours_, Anno 1484, after

the Decease of our King _Lewis_ the _Eleventh_: About that time the

wholsome Institution of the _Convention_ of the _Three Estates_ began to

be thought a dangerous Thing; and there were some inconsiderable Fellows

who said then, and often since, that it was High-Treason to make so much

as mention of Convocating the _States_, because it tended to lessen and

diminish the King's Authority; but it was they themselves who were

_guilty of High-Treason against God, the King, and the Commonwealth_.

Neither do such-like Sayings turn to the Benefit of any Persons, but

such as have got great Honours or Employments without any Merit of their

own; and have learnt how to flatter and sooth, and talk impertinently;

and who fear all great Assemblies, lest there they shou'd appear in

their proper Colours, and have all evil Actions condemned."

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