Men of Flanders very conveniently at this Curia, or Court. Item, cap. fequenti; Henry King of the Romans being dead, at that Great and General Court, Curia, held at Mentz, &c. Alfo Otto Frifing. Lib. Frideric. 1. cap. 40. After thefe Things, the Prince 6C enter'd Bavaria, and there celebrated a General Curia, Court, in the Month of February. Item Item, cap. 43. Conrade King of the CC Romans, calling the Princes together at Francfort, a City of East France, celebrated CC there a General Court. CC CHAP. XI. Of the Sacred Authority of the Publick Council; and what Affairs were wont to be tranfacted there in. W E think it neceffary in this Place to confider what kind of Affairs were wont to be tranfacted in this general Annual Council, and to admire the great Wisdom of our Anceceftors in conftituting our Republick. We have (in fhort) obferved that they are thefe that follow. First, the Creating or Abdicating of their Kings. Next, the declaring of Peace or War. The making of all Publick Laws: The Conferring of all great Honours, Commands, or Offices belonging to the Commonwealth: The affigning of any part of the deceafed King's Patrimony to his Children, or giving 1 • Crecy. giving Portions to his Daughters; which they ufually called by a German Name Abannagium; that is, pars excluforia, a Part fet out for younger Children. Laftly, all fuch Matters as in popular Speech are commonly call'd Affairs of State: Because it was not lawful to determine or debate of any thing relating to the Commonwealth but in the General Council of the States.. We have already produced fufficient Proofs of the Electing and Abdicating their Kings, as well from the laft Will and Testament of Charles the Great, as from feveral other Authors: To which we will add this one Paffage more out of Aimoinus, lib. 5. Cap. 17. where fpeaking of Charles the Bald. He fays thus, Having "fummon'd a General Council at * Carifiacum, he "there first gave his Son Charles arma virilia; "that is, he girt him with a Sword,or knighted "him, and putting a Regal Crown upon his Head, affign'd Neuftria to him, as he did Aquitain to Pipin. -Now concerning the Administration of the Kingdom, Aimoinus gives us this remarkable Inftance, Lib. 5. Cap. 35. fpeaking of Charles the Bald. "Charles (fays he) being about taking a Journey to Rome, held a general Placitum on the Kalends of June at Compeign; and "therein was ordained under particular Heads, "after what manner his Son. Lewis fhould go vern the Kingdom of France, in Conjunction with his Nobles, and the rest of the Faithful People of the Realm, till fuch time as he re"turned from Rome. Alfo in the fame Book, Cap. 42. Speaking of Charles the Simple: Whofe Youth (fays he) the principal Men of France judging (as it ἐσ was indeed) very unfit for the Exercife of "66 the t. the Government of the Realm, they held a General Council touching thefe weighty Affairs; and the great Men of the Franks, Burgundians, and Aquitanians being affembled, elected Odo to be Charles's Tutor and Governor "of the Kingdom.. CC Now concerning the Power of making Laws and Ordinances, that fingle Paffage in Gaguinus's Life of St. Lewis is a fufficient Proof. "As foon (fays he) as King Lewis arrived at Paris, he called a General Convention, and there"in reformed the Commonwealth; making "excellent Statutes relating to the Judges, and against the Venality of Offices, &c. CC CC Concerning the conferring the great Honours and Employments upon Perfons of approved Worth, Aimoinus lib. 5. cap. 36. gives us this Inftance; fpeaking of Charles the Bald, he tells us, "That where as he began (before his Inauguration) to di"ftribute the Governments and great Offices of the Realm according to his own liking; the Great Men fummon'd a General Council, and "fent Ambaffadors to the King; neither wou'd they admit him to be crown'd till he сс had made ufe of their Advice and Authority in difpofing of thofe great Employments. The Nobles (fays he) being very much difpleas'd, becaufe the King conferred Honours without their Confent; for that Reaτε fon, agreed together against him, and fummon'd a general Convention in the Town of Witmar, from whence they fent Ambaffadors to Lewis, as Lewis likewife fent his Ambaffadors to them, &c. CC CC Alfo the Appendix to Gregory of Tours, lib. 11. cap. 54. That fame Year (fays he) King Clo tharius, cum Proceribus & Leudibus, i. e. with CC the Сс "the Nobility and Free Subjects of Burgundy, met at Troyes, and when he earnestly follicited them to advance another Perfon to the fame Place and Degree. of Honour which Warnbar (lately deceafed) had enjoy'd, they unanimously refused to do it ; and faid they would by no means have any Mayor of the Palace, earnestly defiring the King to excufe 66 them: "And thus they gained their Point with the King. - To this Head may be referr'd all the Contentions of fuch Princes, as were foreseen 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 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 "in all things, and would not obftruct 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"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 grievoufly tormented with the Contentions of his Sons, fays thus, "When Autumn approached, they whofe Sentiments differ'd from the Emperor's, were for having the General Convention "held in fome Town of France. Item cap. - '' 66 CC 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 absented himself; but he refufed to come, &c. Gaguinus making mention of this fame Paffage, fays; When the Confpirators found out they should not be able to dethrone the King, without the confent of the Nobility in Con vention, they labour'd by all means to have Сс the Great Council held within the Limits of France. But Lewis knowing for certain that thofe Franks were gained by his Enemies against him, refused it, and fummon'd the Convention to meet at Mentz, and ordered CC that none fhould be admitted Armed to the Council: But his Sons (who had conspired against their Father) left they fhould want "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. CC CC CC. CC CC 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 Parliament, thefe Articles which follow were agreed upon between them, by and with the Confent of the faithful Subjects of the Realm. cc 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 H |