Of the Sacred Authority of the Publick Council; and what Affairs were wont to be transacted therein.

We think it necessary in this Place to consider what Kind of Affairs were wont to be transacted in this general Annual Council, and to admire the great Wisdom of our Ancestors in constituting our Republick. We have (in short) observed that they are these 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 assigning of any part of the deceased King's Patrimony to his Children, or giving Portions to his Daughters, which they usually called by a German Name Abannagium; that is, pars exclusoria, a Part set out for younger Children. Lastly, all such Matters as in Popular Speech are commonly called 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 sufficient Proofs of the Electing and Abdicating their Kings, as well from the last Will and Testament of Charles the Great, as from several other Authors: To which we will add this one Passage more out of Aimoinus, lib. 5. cap. 17. where speaking of Charles the Bald, he says thus,—"Having summon'd a General Council at [Footnote: Crecy.] 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, assign'd Neustria to him, as he did Aquitain to Pippin."

Now concerning the Administration of the Kingdom, Aimoinus gives us this remarkable Instance, lib. 5. cap. 35. speaking of Charles the Bald. "Charles (says 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 should govern the Kingdom of France, in Conjunction with his Nobles, and the rest of the Faithful People of the Realm, till such time as he returned from Rome."

Also in the same Book, cap. 42. speaking of Charles the Simple: "Whose Youth (says he) the principal Men of France judging (as it was indeed) very unfit for the exercise of the Government of the Realm, they held a General Council touching these weighty Affairs; and the great Men of the Franks, Burgundians, and Aquitanians being assembled, elected Odo to be Charles's Tutor and Governor of the Kingdom."

Now concerning the Power of making Laws and Ordinances, that single Passage in Gaguinus's Life of St. Lewis is a sufficient Proof. "As soon (says he) as King Lewis arrived at Paris, he called a General Convention, and therein reformed the Commonwealth; making excellent Statutes relating to the Judges, and against the Venality of Offices, &c."

Concerning the conferring the great Honours and Employments upon Persons of approved Worth, Aimoinus lib. 5. cap. 36. gives us this Instance; speaking of Charles the Bald, he tells us, "That whereas he began (before his Inauguration) to distribute the Governments and great Offices of the Realm according to his own liking; the Great Men summoned a General Council, and sent Ambassadors to the King; neither would they admit him to be crowned till he had made use of their Advice and Authority in disposing of those great Employments. The Nobles (says he) being very much displeas'd, because the King conferr'd Honours without their Consent; for that Reason, agreed together against him, and summoned a general Convention in the Town of Witmar, from whence they sent Ambassadors to Lewis, as Lewis likewise sent his Ambassadors to them, &c."

Also the Appendix to Gregory of Tours, lib. 11. cap. 54. "That same Year (says he) King Clotharius, cum Proceribus & Leudibus, i. e. with the Nobility and free Subjects of Burgundy, met at Troyes, and when he earnestly solicited them to advance another Person to the same Place and Degree of Honour which Warnhar (lately deceased) had enjoy'd, they unanimously refused to do it; and said, they would by no Means have any Mayor of the Palace, earnestly desiring the King to excuse them:" And thus they gained their Point with the King.

To this Head may be referr'd all the Contentions of such Princes, as were foreseen might be dangerous to the Commonwealth. These were debated in the General Council. For Aimoinus, lib. 4 cap. I. where he speaks of Clotharius, Son of Chilperic, from whom Queen Brunechild demanded the Kingdom of Austratia, says thus:—"Clotharius made answer, that she ought to call a Convention of the Nobles of the Franks, and there debate (by common Consent) an Affair relating to the Community. That as for him, he would submit to their judgment in all Things, and would not obstruct in any Measure whatever they should command." The same Thing is recorded in the Appendix to Gregory of Tours, lib. II. "Clotharius (says he) made Answer to her, that he would refer the Difference between them, to the Determination of the Select Franks, and promis'd to fulfil whatsoever they should ordain." Also Aimoinus lib. 5. cap. 12. where he speaks of King Lewis the Pious, who was grievously tormented with the Contentions of his Sons, says thus,—"When Autumn approached, they whose Sentiments differ'd from the Emperor's, were for having the General Convention held in some Town of France.—Item cap.13. He appointed the General Convention of his People to be held at Thionville. And after a little Time, summon'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 refused to come, &c." Gaguinus making Mention of this Same Passage, says; "When the Conspirators found out they should not be able to dethrone the King, without the Consent 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 those Franks were gained by his Enemies against him, refused it, and summon'd the Convention to meet at Mentz, and ordered that none should be admitted Armed to the Council. But his Sons, (who had conspired against their Father) lest they should want the Authority of a Publick Convention, assembled a Council at Compiegne, consisting of the Bishops and Nobility of the Kingdom. And Lotharius taking his Father out of Custody, brought him to Compiegne."

Again, Aimoinus, lib. 5. cap. 38. where he speaks of Lewis the Stammerer, who held a Council at Marsua, wherein he treated a Peace with his Cousin, says: "In that Placitum, or Parliament, these Articles which follow were agreed upon between them, by and with the Consent of the faithful Subjects of the Realm."

To proceed, We find further, that it was the Custom (when any Prince, or Person of Extraordinary Quality, was accused of any Crime) to summon him to appear before the Great Council, and there he was to stand his Trial. Thus in the Reign of King Clotharius, when Queen Brunechild stood accused, and was found guilty of many capital Crimes, the King made a Speech to the Estates of the Great Council of Francogallia, in these Words; which are recorded by Aimoinus, lib. 4. cap 1. "It belongs to you, my most dear Fellow-Soldiers, and high Nobility of France, to appoint what Kind of Punishment ought to be inflicted on a Person guilty of such enormous Crimes, &c." And Ado Ætat 6. sub Anno 583. tells us, "The Franks passing Sentence upon her in the King's Presence, condemn'd her to be torn in Pieces by wild Horses."

Now concerning the dividing of the Royal Patrimon, and the Appanages, we have the same Person's Testimony, lib. 5. cap. 94. where speaking of Charlemagn, he has these Words—"These 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 Case they survived him."—Also in that Place where he speaks of the Partition made among the Children of Lewis, lib. 5. cap. 40. he says thus.—"They went to Amiens, and there they divided their Father's Kingdom among them, according to the Advice and Direction of their faithful Subjects." Further, cap. 41. where he writes of Carloman, who held his Great Council then at Worms.—"To this Placitum (says he) came 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."

We may further observe, from very many Instances, that whenever the King had any expensive Design in Hand, such as the Building of Churches or Monasteries, he took first the Advice of the Council of the Estates. For Aimoinus, lib. 4. cap. 41. where he speaks of Clodoveus the Second, tells us, that sitting on his Throne, he began his Oration to the General Council in these Words.—"Quamquam FranciginÆ cives, &c. Altho' (says he) the Care I ought to take of my Kingdom, obliges me to take your Advice in all Matters relating to the Publick, &c."

And thus much may suffice 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 proposed and debated in a Council of many Persons, is at last agreed to, and resolved upon by them. And therefore Cicero, with others of the Ancients, were wont to call such-like Determinations, Placita Philosophorum.

Since therefore the Matter is so, I hope the Opinion which we have formerly given in some of our other Books, will not be esteemed absurd; viz. That the common Form used by the King's Secretary in the last Clause of our Ordinances and Edits, Quia tale est PLACITUM nostrum, arises from hence: For anciently those Laws were written in the Latin Tongue, (as is sufficiently 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 Vulgar Tongue, thro' Ignorance, or rather Malice, they translated it thus,—Car tel est nostre Plaisir: For such is our Will and Pleasure.

Now as to the Power of the People, we have this farther Argument extant in the same Capitulary of Charles the Great.—"Let the People (says it) be consulted touching all the Heads of the new Laws, which are to be added to the former; and after they have all given their Consents, let them set their Hands and Seals to every Article."

From which Words, 'tis apparent that the People of France were wont to be bound by such Laws only, as they had publickly agreed to in their Parliaments. Also in fine Leg. Aleman. we find this Passage.—"This is decreed by the King and his Nobles, and all the Christian People which compose the Kingdom of the Merovingians." Also Aimoinus, lib. 5 cap. 38.—"In this Placitum the Laws which follow were agreed upon, to be observed between them, by the Consent of the faithful Subjects.—An Agreement made between the Glorious Kings, &c. by the Advice and Consent of their faithful Commons, &c."

Lastly, we cannot omit observing, that so great was the Reputation and Authority of this General Council, even among Strangers, that foreign Princes submitted to have their Controversies and Differences decided by it. The Appendix to Greg. Turon. lib. 11. cap. 37. Anno 12. of Theodorick's Reign, has this Passage in it.—"When Alsaciones, [perhaps Alsatia] in which Country he had been brought up, and which was left him by his Father Childebert, fell nevertheless to Theodebert, according to the Custom in Use among the Barbarians; the two Kings agreed that their Difference should be decided by the judgment of the Franks, (in Salocissa castro) in their Camp near the River Sala."