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the Lacedemonians (as Xenophon affures us) and the Ephori, renewed every Month a mutual Oath between each other; the King fwore that he wou'd govern according to the written Laws; and the Ephori fwore that they wou'd preferve the Royal Dignity, provided he kept his Oath. Cicero, in one of his Epiftles to Brutus, writes: "Thou knoweft that I was always of opinion,

that our Commonwealth ought not only to "be deliver'd from a King, but even from Kingἐσ fhip. Scis mihi femper placuiffe non Rege σε folùm, fed Regno liberari rempublicam. Alfo in his Third Book de Legibus" But be "caufe a Regal State in our Commonwealth, &c. once indeed approved of, was abolish'd, not &c fo much upon the account of the Faults of a Kingly Government, as of the Kings who governed; it may feem that only the Name of a King was then abolish'd, &c.

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CHA P. XVI.

Of the Capevingian Race, and the Manner of its obtaining the King dom of Francogallia.

T has been already fhewn, that the Kingdom of Francogallia continued in Three Families only, during One Thousand Two Hundred Years. Whereof the firft was called the Merovingian Family. The fecond, the Carlovingian, from the Names of their Founders or Beginners. For altho? (as we have often told you)

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the Succeffion to the Kingdom was not conferred as a Hereditary Right, but according to the Appointment of the General Council; yet the Franks were fo far willing to retain the Cuftom t of their Progenitors the Germans, (who as Tacitus tells us, chufe their Kings for their Nobility, and their Generals for their Valour) that for the moft part they elected fuch Kings as were of the Blood Royal, and had been educated in a Regal Manner, whether they were the Children, or fome other Degree of Kindred to the Royal Family.

But in the Year 987, after the Death of Lewis the Fifth, who was the 31ft King of Francogallia, and the 12th of the Carlovingian Line, there hapned a Migration or Tranflation of the Royal Scepter, and a Change of the Kingdom. For when there remained no Perfon alive of the former Family but Charles Duke of Lorrain, Uncle to the deceased King, to whom the Succeffion to the Kingdom, by ancient Custom feem'd to be due; there arofe up one Hugh Capet, Nephew to Hauvida, Sifter to the Emperor Otho the Firft, and Son to Hugh Earl of Paris; a Man of great Reputation for Valour, who alledged, that he being present upon the place, and having deferved extraor dinary well of his Country, ought to be preferr'd to a Stranger, who was abfent. For there having häpned fome Controverfies between the Empire of Germany, and the Kingdom of France; Charles upon occafion had shewn himself partial for the Empire againft France, and upon that fcore had loft the Affections of moft of the French. Whereupon Charles having rais'd an Army, made an Irruption into France, and took feveral Cities by

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compofition. Capet relying on the Friendship and Favour of the Francogallican Nobles, got together what Forces he cou'd, and went to meet him at Laon, a Town in the Borders of Champagne; and not long after a bloody Battel was fought between them, wherein Capet was routed, and forced to fly into the innermoft Parts of France; where he began again to raise Men in order to renew the War. In the mean time Charles having dismiss'd his Army, kept himself quiet in the Town of Laon with his Wife; but the Year following he was on a fudden furrounded by Capet, who befieg'd the Town with a great Army.

There was in the Place one Anfelmus, Bishop of the City. Capet found means to corrupt this Man by great Gifts and Promifes, and to induce him to betray both the Town and the King into his hands; which was accordingly done. And thus having obtained both the City and the Victory, he fent Charles and his Wife Prifoners to Orleans, where he fet ftrict Guards over them. The King having been two years in Prison, had two Sons born to him there, Lewis and Charles; but not long after they all died. So that Capet being now Mafter of the whole Kingdom of France without difpute or trouble, affociated his Son Robert with him in the Throne, and took care to get him declared his Succeffor. Thus the Dignity and Memory: of the Carlovingian Family came to an End, the 237th Year after the firft beginning of their Reign. And this Hiftory is recorded by Sige-: bert in Chron. Ann. 987. as well as the Appendix, lib. 5. cap. 45.

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We must not omit making mention of the cunning device made ufe of by Hugh Caper, for establishing himself in his new Dominion: For whereas all the Magiftracies and Honours of the Kingdom, fuch as Dukedoms, Earldoms, &c. had been hitherto from ancient Times conferr'd upon felect and deferving Persons in the General Conventions of the People, and were held only during good behaviour; whereof (as the Lawyers exprefs it) they were but Benefi ciaries; Hugh Capet, in order to fecure to himfelf the Affections of the Great Men, was the firft that made thofe Honours perpetual, which formerly were but temporary; and ordained, that fuch as obtained them fhou'd have a hereditary Right in them, and might leave them to their Children and Pofterity in like manner as their other Eftates. Of this, fee Francifcus Conanus the Civilian, Comment. 2. Cap. 9. By which notorious Fact, 'tis plain, that a great Branch of the Publick Council's Authority was torn àway; which however (to any Man who feriously confiders the Circumftances of thofe times) feems impoffible to have been effected by him alone, without the Confent of that Great Conncil it felf..

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CHA P. XVII.

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Of the uninterrupted Authority of the Publick Council during the Capevingian Race.

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E may learn out of Froiffard, Monftrellet, Gaguinus, Commines, Gillius, and all the other Hiftorians who have written concerning thefe Times, that the Authority of the Publick Council was little or nothing lefs in the time of the Capevingian Family, than it had been during the two former Races. But because it wou'd be too troublefome, and almoft an infinite labour to quote every inftance of this nature, we fhall only chufe fome few of the moft remarkable Examples out of a vaft number which we might produce.net

And the firft fhall be, what hapned in the Year 1328. When Charles the Fair dying with out Iffue Male, and leaving a Pofthumous Daughter behind him; Edward King of England, and Son to Ifabella, Sifter of Charles, claims ed the Kingdom of France as belonging to him of Right. Now there cou'd be no tryal of greater importance, nor more illuftrious, brought before the Publick Council, than a Controverfy of this kind. And because it was decided there, and both Kings did fubmit themfelves 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 Hiftorians, but by Polydore

Virgil,

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