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"their Father Pipin had poffefs'd, and Carlocc mannus the other Part which their UncleCar"lomannus had enjoy'd, &c. From whence 'tis easily inferr'd, that the States of the Kingdom still retain'd in themselves the fame power, which they had always hitherto been in poffeffion of (during near 300 Years) in the reigns of the Merovingian Kings. So that altho' the deceased King left Sons behind him, yet these came not to the Crown fo much thro' any right of fucceffion, as thro' the appointment and election of the States of the Realm. Now that all the other weighty affairs of the Nation used to be determined by the fame General Council, Aimoinus is our witnefs, lib. 4. cap. 71. where he speaks of the War with the Saxons. "The King (fays he) in the beginning of the Spring went to Nimeguen; and because he CC was to hold a General Convention of his "People at a place called Paderburn, he march"ed from thence with a great Army into Saxony. And again cap.77.---Winter being <c over, he held a publick Convention of his people in a town called Paderburn, according to the yearly Cuftom. Alfo cap. 79. "And meeting with his Wife in the City of cc Wormes, he refolved to hold there the General "Council of his people. In all which places he speaks of that Charles, who thro' his warlike atchievements had acquired the dominion of almost all Europe, and by the universal consent of Nations had obtained the firname of the Great Yet for all that it was not in his power to deprive the Franks of their ancient Right and Liberty. Nay, he never fo much as endeavour'd to undertake the leaft matter of moment without the advice and authority of his people and no

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bles. And there is no doubt of it, after Charles's death, Lewis his Son adminiftred the Kingdom upon the fame terms and conditions. For the Appendix to Aimoinus, lib. 5. cap. 1o. tells us, that when Charles was dead, Lewis the Empeperor, thro' a certain kind of Foreknowledge, fummon'd the General Council of his people to meet at Doue, near the Loire. And again, cap. 38. where he makes mention of the Articles of Peace, concluded between King Lewis and his Coufin Lewis, - They fummoned, fays he, a PLACITUM, and in that PLACI cr TUM, by the Advice and Confent of their "faithful Subjects, they agreed to obferve and cr keep the Articles which follow. In which is Placitum it was alfo by common Confent "found convenient, that both Kings fhould return with a Guard [redirent cum fcarà ] "&c. Alfo cap. 41. where he speaks of Carloman the Son of Lewis the Stammerer, ---" And "fo (fays he) he departed from the Normans, "and returned to Wormbs, where he was on "the Kalends of November to hold his Placitum. Alfo in the following Chapter, where he fpeaks of Charles the Simple,

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"Whofe Youth (fays he) the great Men of France thinking unfit for the Administration of the "Government, they held a Council concerning "the State of the Nation.

But it wou'd be an infinite Labour, and indeed a fuperfluous one, to quote all the Inftances which might be given of this Matter; from what we have already produced, I think 'tis

apparent to every Man, that till Charles the Simple's Reign, that is, for more than 550 Years, the Judgment and Determination of all the weighty Affairs of the Commonwealth, be

longed

longed to the great Affembly of the People, or (as we now call it) to the Convention of the Estates: And that this Inftitution of our Ancestors was efteem'd facred and inviolable during so many Ages. So that I cannot forbear admiring the Confidence of fome Modern Authors, who have had the Face to publish in their Writings, That King Pipin was the firft to whom the Inftitution of the Publick Council is owing. Since Eguinarthus, Charles the Great's own Chancellor, has moft clearly proved, that it was the conftant Practice of the whole Merovingian Line, to hold every Year the Publick Convention of the People on the Kalends of May; and that the Kings were carried to that Affembly in a Chariot, or Waggon drawn by Oxen.

But to come to a Matter of greater Confequence, wherein the Prudence and Wisdom of our Ancestors does moft clearly fhew it felf. Is it not apparent how great and manifeft a Diftinction they made between the King and the Kingdom? For thus the Cafe ftands. The King is one Principal Single Perfon; but the Kingdom is the whole Body of the Citizens and Subjects. "And Ulpian defines him to be a

Traytor, who is ftirred up with a Hoftile "Mind against the Commonwealth, or againft "the Prince. And in the Saxon Laws, Tit. 3. f'tis written, Whofoever fhall contrive any

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thing against the Kingdom, or the King of "the Franks, fhall lofe his Head.--- And again, "The King has the fame Relation to the King

dom that a Father has to his Family; a Tuહ tor to his Pupil ; a Guardian to his Ward; a Pilot to his Ship,or a General to his Army.--As therefore a Pupil is not appointed for the fake of his Tutor, or a Ship for the fake of

the

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the Pilot, nor an Army for the fake of a General, but on the contrary, all these are made fuch for the fake of those they have in charge: Even fo the People is not defigned for the fake of the King; but the King is fought out and inftituted for the People's fake. For a People can fubfift without a King, and be governed by its Nobility, or by it Self. But 'tis even impoffible to conceive a Thought of a King without a People. Let us confider more Differences between them. A King as well as any private Perfon is a Mortal Man. A Kingdom is perpetual, and confider'd as immortal; as Civilians ufe to fay, when they fpeak of Corporations, and aggregate Bodies. A King may be a Fool or Madman, like our Charles VI. who gave away his Kingdom to the English: Neither is there any fort of Men more easily caft down from a found State of Mind, through the Blandifhments of unlawful Pleafures and Luxury. But a Kingdom has within it felf a perpetual and fure Principle of Safety in the Wif dom of its Senators, and of Persons well skill'd in Affairs. A King in one Battel, in one Day may be overcome, or taken Prisoner and carried away Captive by the Enemy; as it happen'd to St. Lewis, to King John, and to Francis the Firft. But a Kingdom, though it has loft its King remains entire ; and immediately upon fuch a Misfortune a Convention is call'd, and proper Remedies are fought by the chief Men of the Nation against the present Mischiefs : Which we know has been done upon like Accidents. A King, either through Infirmities of Age, or Levity of Mind, may not only be milled by fome covetous, rapacious or luftful Counsellor; may not only be feduced and de

praved by debauch'd Youths of Quality, or of equal Age with himfelf; but may be infatuated by a filly Wench, fo far as to deliver and fling up the Reins of Government wholly into her Power. Few Persons, I suppose, are ignorant how many fad Examples we have of thefe Mifchiefs: But a Kingdom is continually supplied with the Wisdom and Advice of the grave Perfons that are in it. Solomon, the wifeft of Mankind, was in his old Age feduced by Harlots; Rehoboam,by youngMen; Ninas,by his ownMother Semiramis; Ptolomeus firnamed Auletes, by Harpers andPipers. Our Ancestors left to their Kings the Choice of their own Privy-Counsellors who might advise them in the Management of their private Affairs; but fuch Senators as were to confult in common, and take care of the publick Administration, and inftruct the King in the Government of his Kingdom, they referved to the Defignation of the Publick Convention.

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In the Year 1356: after King John had been taken Prifoner by the English, and carried into England, a Publick Council of the Kingdom was held at Paris. And when some of the King's Privy-Counsellors appeared at that Convention, they were commanded to leave the Affembly; and it was openly declared, that the Deputies of the Publick Council wou'd meet no more, if thofe Privy-Counsellors fhou'd hereafter prefume to approach that Sanctuary of the Kingdom. Which Inftance is recorded in the Great Chronicle writ in French, Vol. 2. fub rege Jobanne, fol. 169. Neither has there ever yet been any Age wherein this plain diftinction between a King and a Kingdom, has not been obferved. The King of

the

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