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The BOOKSELLER TO THE
The BOOKSELLER TO THE
The following Translation of the Famous Hotoman's Franco-Gallia was written in the Year 1705, and first publish'd in the Year 1711. The Author was then at a great Distance from London, and the Publisher of his Work, for Reasons needless to repeat, did not think fit to print the Prefatory Discourse sent along with the Original. But this Piece being seasonable at all Times for the Perusal of Englishmen and more particularly at this Time, I wou'd no longer keep back from the Publick, what I more th
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PREFACE.
PREFACE.
Many Books and Papers have been publish'd since the late Revolution , tending to justify the Proceedings of the People of England at that happy juncture; by setting in a true Light our just Rights and Liberties, together with the solid Foundations of our Constitution: Which, in truth, is not ours only, but that of almost all Europe besides; so wisely restor'd and establish'd (if not introduced) by the Goths and Franks , whose Descendants we are. These Books have as constantly had some things, ca
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Francis Hotoman,
Francis Hotoman,
FRANCIS HOTOMAN (one of the most learned Lawyers of that Age) was Born at Paris the 23d of August , 1524. His Family was an Ancient and Noble one, originally of Breslaw , the Capital of Silesia . Lambert Hotoman , his Grandfather, bore Arms in the Service of Lewis the 11th of France , and married a rich Heiress at Paris , by whom he had 18 Children; the Eldest of which ( John Hotoman ) had so plentiful an Estate, that he laid down the Ransom-Money for King Francis the First, taken at the Battel
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CHAP. I.
CHAP. I.
The State of Gaul, before it was reduced into a Province by the Romans. My Design being to give an Account of the Laws and Ordinances of our Francogallia , as far as it may tend to the Service of our Commonwealth , in its present Circumstances; I think it proper, in the first place, to set forth the State of Gaul , before it was reduced into the Form of a Province by the Romans : For what Cæsar, Polybius, Strabo, Ammianus , and other Writers have told us concerning the Origin, Antiquity and Valo
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CHAP. II.
CHAP. II.
Probable Conjectures concerning the ancient Language of the Gauls. In this Place it seems proper to handle a Question much disputed and canvass'd by Learned Men; viz . What was the Language of the Gauls in those old Times? For as to what belongs to their Religion, Laws, and the Customs of the People, Cæsar , as I said before, has at large given us an account. In the first place we ought to take notice, that Cæsar , in the Beginning of his Commentaries, where he divides the Gauls into Three Natio
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CHAP. III.
CHAP. III.
The State of Gaul, after it was reduced into the form of a Province by the Romans. 'Tis very well known to all learned Men, that Gaul , after having been often attempted with various Success, during a ten Years War, and many Battels, was at last totally subdued by Cæsar and reduced into the Form of a Province. It was the Misfortune of this most valiant and warlike People, to submit at length to the Great Beast , as it is called in Scripture, with which however they so strove for Empire for eight
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CHAP. IV.
CHAP. IV.
Of the Original of the Franks; who having possessed themselves of Gallia, changed its Name, into that of Francia, or Francogallia. The Order of our Discourse requires, that we should now enquire into the Original of the Franks , and trace them from their first Habitations, or (as it were) their very Cradles: In which Disquisition 'tis very much to be admired, that no mention has been made of them by Ptolomy , Strabo , or even by Tacitus himself, who of all Writers was most accurate in describing
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CHAP. V.
CHAP. V.
Of the Name of the Franks, and their sundry Excursions; and what time they first began to establish a Kingdom in Gallia. But I think it requisite that we should enquire a little more carefully into this Name of Franks ; which, as we told you before, is not to be found in any of the ancient Descriptions of Germany . That I may no longer detain the Reader in Suspence, it must needs be, that either the Nation of the Franks , by which such mighty things were done, was at first very obscure and mean,
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CHAP. VI.
CHAP. VI.
Whether the Kingdom of Francogallia was hereditary or elective; and the manner of making its Kings. But here arises a famous Question; the Decision of which will most clearly show the Wisdom of our Ancestors.— Whether the Kingdom of Francogallia were Hereditary, or conferr'd by the Choice and Suffrages of the People , That the German Kings were created by the Suffrages of the People. Cornelius Tacitus , in his Book Demoribus Germanorum , proves plainly; and we have shown, that our Franks were a
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CHAP. VII.
CHAP. VII.
What Rule was observ'd concerning the Inheritance of the deceased King, when he left more Children than one. All that we have above said, tends to prove, that the Kingdom of Francogallia in old times, did not descend to the Children by Right of Inheritance (as a private Patrimony does); but was wont to be bestow'd by the Choice and publick Suffrages of the People : So that now there is the less Room left for the Question,—What Rule was observed in Relation to the Children of the deceased King, w
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CHAP. VIII.
CHAP. VIII.
Of the Salick Law, and what Right Women had in the King's their Father's Inheritance . Because we have undertaken to give an Account of the Law and Right of Regal Inheritance , we must not omit making Mention of the Salick Law ; which is both daily discours'd of by our Countrymen, and in the Memory of our Forefathers serv'd to appease a great and dangerous Contention, which arose touching the Succession to the Crown. For when ( Anno 1328.) Charles the Fair , Son of Philip the Fair , died, leavin
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CHAP. IX.
CHAP. IX.
Of the Right of Wearing a large Head of Hair peculiar to the Royal Family . It will not be amiss in this Place to give some Account of a Custom of our Ancestors, relating to the Hair worn by the Royal Family: For 'tis recorded, that our Forefathers had a particular Law concerning it; viz . That such as were chosen Kings by the People, or were of the Regal Family, shou'd preserve their Hair, and wear it parted from the Forehead, on both Sides the Head, and anointed with sweet Oyl, as an Ornament
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CHAP. X.
CHAP. X.
The Form and Constitution of the Francogallican Government . These Things being thus briefly premised, we think it proper now to set forth in what Manner the Kingdom of Francogallia was constituted. And we have already made it plain, that the People reserv'd to themselves all the Power not only of Creating , but also of Abdicating their Kings . Which Form of Government 'tis manifest our Ancestors had; before they were brought under by the Romans , "So that the People (as Cæsar tells us) had no l
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CHAP. XI.
CHAP. XI.
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 Co
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CHAP. XII.
CHAP. XII.
Of the Kingly Officers, commonly call'd Mayors of the Palace. Before we treat farther of the uninterrupted Authority of the Publick Council , we think it not improper to say somewhat of those Regal great Officers, which, during the Merovingian Race were called ( Majores domus ) Masters, or Mayors of the Palace . These having for some Time encroach'd upon the Kingly Power, finding at last a fit Opportunity, seiz'd upon it entirely as their own. Their Dignity near the Persons of our Kings seems to
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CHAP. XIII.
CHAP. XIII.
Whether Pipin was created King by the Pope, or by the Authority of the Francogallican Council. Having in the former Chapter given an Account, that after the Expulsion of Childerick , (a stupid Prince, in whom the Line of the Merovingians ended) Pipin , from being Mayor of the Palace , was created King ; It will be worth our Enquiry, to know by whose Authority the Kingdom was conferr'd upon him. For Pope Gelasius says thus, Cap. 75. Quest. 6. —" A Roman Pope , viz. Zacharias , deposed the King of
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CHAP. XIV.
CHAP. XIV.
Of the Constable, and Peers of France. Besides the great Office of Mayor of the Palace before spoken of, there was another which we must take Notice of; because it seems, in the Memory of our Forefathers, to have succeeded in Place of the former: And that was the Office of Count of the King's Stable ; called at first, Comes stabuli ; and by Corruption at last, Connestabuli . Now all those who enjoy'd any extraordinary Honours or Employments in the King's Court, and assisted in the Administration
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CHAP. XV.
CHAP. XV.
Of the continued Authority and Power of the Sacred Council, during the Reign of the Carlovingian Family . We have, as we suppose, sufficiently explain'd what was the Form and Constitution of our Commonwealth, and how great the Authority of the Publick Council was during the Reigns of the Kings of the Merovingian Family. We must now proceed to give an Account of it under the Carlovingian Race. And as well all our own as the German Historians, give us Reason to believe that the very same Power and
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CHAP. XVI.
CHAP. XVI.
Of the Capevingian Race, and the Manner of its obtaining the Kingdom of Francogallia. It has been already shewn, that the Kingdom of Francogallia continued in Three Families only, during One Thousand Two Hundred Years. Whereof the first was called the Merovingian Family. The second, the Carlovingian , from the Names of their Founders or Beginners. For altho' (as we have often told you) the Succession to the Kingdom was not conferred as Hereditary Right, but according to the Appointment of the Ge
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CHAP. XVII.
CHAP. XVII.
Of the uninterrupted Authority of the Publick Council during the Capevingian Race . We may learn, out of Froissard, Monstrellet, Gaguinus, Commines, Gillius , and all the other Historians who have written concerning these Times, that the Authority of the Publick Council was little or nothing less in the Time of the Capevingian Family than it had been during the two former Races. But because it would be too troublesome, and almost an infinite Labour to quote every Instance of this Nature, we shal
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CHAP. XVIII.
CHAP. XVIII.
Of the Remarkable Authority of the Council against Lewis the Eleventh. The Power and Authority of the Council and the Estates assembled, appears by the foregoing Testimonies to have been very great, and indeed (as it were) Sacred . But because we are now giving Examples of this Power, we will not omit a signal Instance of the Authority of this Council , which interposed it self in the Memory of our Fathers against Lewis the Eleventh , who was reputed more crafty and cunning than any of the Kings
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CHAP. XIX.
CHAP. XIX.
Of the Authority, of the Assembly of the States concerning the most important Affairs of Religion. We have hitherto demonstrated, that the Assembly of the States had a very great Power in all Matters of Importance relating to our Kingdom of France . Let us now consider, what its Authority has been, in Things that concern Religion. Of this our Annals will inform us under the Year MCCC. when Pope Boniface the Eighth sent Ambassadors to King Philip the Fair , demanding of him, whether he did not ho
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CHAP. XX.
CHAP. XX.
Whether Women are not as much debarr'd ( by the Francogallican Law) from the Administration, as from the Inheritance of the Kingdom . The present Dispute being about the Government of the Kingdom, and the chief Administration of Publick Affairs, we have thought fit not to omit this Question: Whether Women are not as much debarr'd from the Administration , as from the Inheritance of the Kingdom? And in the first Place we openly declare, that 'tis none of our Intention to argue for or against the
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CHAP. XXI.
CHAP. XXI.
Of the Juridical Parliaments in France. Under the Capevingian Family there sprung up in Francogallia a Kind of Judicial Reign, [ Regnum Judiciale ] of which (by Reason of the incredible Industry of the Builders up and Promoters of it, and their unconceivable Subtilty in all subsequent Ages), we think it necessary to say something. A Sort of Men now rule every-where in France , which are called Lawyers by some, and Pleaders or Pettyfoggers by others: These Men, about 300 Years ago, managed their
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