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the Nobility and Free Subjects of Burgundy, met at Troyes, and when he earneftly follicited them to advance another Perfon to the fame Place and Degree of Honour which Warnbar (lately deceased) had enjoy'd, they unanimoufly refused to do it; and faid they would by no means have any Mayor of the Palace, earnestly defiring the King to excufe them: ""And thus they gained their Point with the King.

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To this Head may be referr'd all the Contentions of fuch Princes, as were forefeen might be dangerous to the Commonwealth. These were debated in the General Council. For Aimoinus, lib. 4. cap. 1. where he speaks of Clotharius, Son of Chilperic, from whom Queen Brunechild demanded the Kingdom of Auftratia, fays thus: "Clotharius made anfwer, that the ought

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to call a Convention of the Nobles of the Franks, "and there debate (by common confent) an "Affair relating to the Community. That as *for him, he would fubmit to their Judgment εσ in all things, and would not obstruct in any "Measure whatever they fhould command. The fame thing is recorded in the Appendix to Gregory of Tours, lib. 11. "Clotharius (fays he) "made Anfwer to her, that he would refer the "Difference between them, to the Determi

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nation of the Select Franks, and promis'd to "fulfil whatsoever they should ordain ". Alfo Aimoinus, lib. 5. cap. 12. where he speaks of King Lewis the Pious, who was grievously tormented with the Contentions of his Sons, fays thus, When Autumn approached, they "whofe Sentiments differ'd from the Empe"ror's, were for having the General Convention "held in fome Town of France.--Item cap.

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13. He appointed the General Convention of his People to be held at Thionville. And after a little time fummon'd his People to meet on the Feast of St. Martin, and used all his Endeavours to recal his Son Pipin who had abfented himself; but he refufed to come, &c. Gaguinus making mention of this fame Paffage, fays; "When the Confpirators found out

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they fhould not be able to dethrone the King, CC without the confent of the Nobility in Convention, they labour'd by all means to have "the Great Council held within the Limits of France. But Lewis knowing for certain that thofe Franks were gained by his Enemies against him, refufed it, and fummon'd the "Convention to meet at Mentz, and ordered "that none fhould be admitted Armed to the "Council. But his Sons (who had confpired against their Father) left they fhould want CC the Authority of a Publick Convention,affembled a Council at Compeigne, confifting of the Bifhops and Nobility of the Kingdom. And "Lotharius taking his Father out of Cuftody brought him to Compiegne.

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Again Aimoinus, lib. 5. cap. 38. where he fpeaks of Lewis the Stammerer, who held a Coun cil at Marfua, wherein he treated a Peace with his Coufin, fays: "In that Placitum, or Parlia ment, thefe Articles which follow were agreed upon between them, by and with the Confent of the faithful Subjects of the Realm... To proceed. We find further, that it was the Cuftom (when any Prince, or Perfon of Extraordinary Quality, was accused of any Crime) to fummon him to appear before the Great Council, and there he was to ftand his Trial. Thus in the Reign of King Clotharius, when Queen

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Queen Brunechild ftood accufed, and was found guilty of many capital Crimes, the King made a Speech to the Eftates of the Great Council of Francogallia, in thefe Words; which are recorded by Aimoinus, lib. 4. cap. 1. "It belongs CC to you, my moft dear Fellow-Soldiers, and "high Nobility of France, to appoint what "kind of Punishment ought to be inflicted on a Perfon guilty of fuch enormous Crimes, &c. And Ado Atat. 6. fub Arno 583. tells us, The "Franks paffing Sentence upon her in the King's Prefence, condemned her to be torn in pieces by wild Horfes.

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Now concerning the dividing of the Royal Patrimony, and the Appanages, we have the fame Perfon's Teftimony, lib. 5. cap. 94. where fpeaking of Charlemaign, he has thefe Words--"Thefe Matters being ended, the King held a "Convention of the Nobility and Gentry of the "Franks, for the making and maintaining a "firm Peace among his Sons, and dividing the Kingdom into Three Parts, that every one of "them might know what part of it he ought to defend and govern, in cafe they furvived “ him. ---- Also in that Place where he speaks of the Partition made among the Children of Lewis, lib. 5. cap. 40. he fays thus." They "went to Amiens, aud there they divided their "Father's Kingdom among them, according to "the Advice and Direction of their faithful. Sub

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jects. Further, cap. 41. where he writes of Carloman, who held his Great Council then at Worms. "To this Placitum (fays he) came

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Hugo, and preferred his Petition for that part "of the Kingdom, which his Brother Lewis "(in Locarium acceperat) had rented of him, or "received in Pawn.

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We may further obferve, from very many Inftances, that whenever the King had any expensive Design in hand, fuch as the building of Churches or Monafteries, he took first the Advice of the Council of the Eftates. For Aimoinus, lib. 4. cap. 41. where he speaks of Clodoveus the Second, tells us, that fitting on his Throne, he began his Oration to the General Council in thefe Words. ---- CC Quamquam Frantr cigina cives, &c. Altho' (fays he) the Care I ought to take of my Kingdom, obliges me 66 to take your Advice in all Matters relating to the Publick, &c.

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And thus much may fuffice on this Point. From all which we think it appears plainly, that the whole Power of the Administration of the Kingdom was lodg'd in the Publick Council, which they called Placitum; because, according to the Idiom of the Latin Tongue, that is properly termed Placitum, which after having been propofed and debated in a Council of many Perfons, is at laft agreed to, and refolved upon by them. And therefore Cicero, with others of the Ancients, were wont to call fuch-like Determinations, Placita Philofophorum.

Since therefore the Matter is fo, I hope the Opinion which we have formerly given in fome of our other Books, will not be esteemed abfurd; viz. That the common Form used by the King's Secretary in the laft Claufe of our Ordinances and Edicts, Quia tale eft PLACI TUM noftrum, arifes from hence: For anciently thofe Laws were written in the Latin Tongue, (as is fufficiently proved by Aimoinus, the Capitulary of Charles the Great, and many other Records); but afterwards, when the King's Secretaries or Clerks began to make use of the H 2

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Vulgar Tongue, thro' Ignorance, or rather
Malice, they tranflated it thus, Car tel eft
noftre Plaifir: For fuch is our Will and Pleasure.
Now as to the Power of the People, we have
this farther Argument extant in the fame Ca-
pitulary of Charles the Great. ----
"Let the People
(fays it) be confulted touching all the Heads
of the new Laws, which are to be added to
the former; and after they have all given
"their Confents, let them fet their Hands and
"Seals to every Article.

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From which Words, 'tis apparent that the People of France were wont to be bound by fuch Laws only, as they had publickly agreed to in their Parliaments. Alfo in fine Leg. Aleman. we find this Paffage. This is decreed by "the King and his Nobles, and all the Chriftian People which compofe the Kingdom of the Merovingians. Alfo Aimoinus, lib. 5. cap. 38.

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In this Placitum the Laws which follow were agreed upon, to be obferved between them, by the Confent of the faithful Subjects. An Agreement made between the Glo"rious Kings, &c. by the Advice and Confent "of their faithful Commons, &c.

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Laftly, we cannot omit obferving, that fo great was the Reputation and Authority of this General Council, even among Strangers, that foreign Princes fubmitted to have their Controverfies and Differences decided by it. The Appendix to Greg. Turon. lib. 11. cap. 37. Anno 12. of Theodorick's Reign, has this Paffage in it. ---"When Alfaciones, [perhaps Alfatia] in which

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Country he had been brought up, and which CC was left him by his Father Childebert, fell ne"vertheless to Theodebert, according to the Cu"ftom in ufe among the Barbarians; the two

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Kings

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