Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their libertiesHotman, François
History
Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their liberties
Hotman, François
Constitutional history -- France; France -- Politics and government
And the first shall be, what hapned in the Year 1328. When _Charles_ the
_Fair_ dying without Issue Male, and leaving a Posthumous Daughter
behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of
_Charles_, claimed the Kingdom of _France_ as belonging to him of Right.
Now there could be no Trial of greater Importance, nor more illustrious,
brought before the _Publick Council_, than a Controversy of this Kind.
And because it was decided there, and both Kings did submit themselves
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 Historians,
but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19.
Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I.
has left it on Record, (grounded, no doubt, upon sufficient
Authorities,) "That both Kings were present at that _Council_, when the
Matter was almost brought to an open Rupture; by the Advice of the
_Nobles_, a _General Convention_ of the _People_ and _States_ was
summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the
Father's Side, ought to have the Preference; and that the Custody of the
Queen, then great with Child, shou'd be given to _Valois_; to whom also
the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a
Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_
Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_,
have published.
The Year 1356, furnishes us with another Example; at which Time King
_John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and
carried into _England_.--"After so great a Calamity, the only Hopes left
were in the Authority of the _Great Council_; therefore immediately a
Parliament was summon'd to meet at _Paris_. And altho' King _John_'s
Three Sons, _Charles_, _Lewis_ and _John_, were at Hand, the eldest of
which was of competent Age to govern; yet other Men were chosen, to wit,
_twelve approved Persons_ out of each _Order_ of the _States_, to whom
the Management of the Kingdom's Affairs was intrusted; and there it was
decreed, that an Embassy shou'd be sent into _England_ to treat of Peace
with the _English_." _Froissard_, Vol. I. cap. 170. _Joannes Buchettus_,
lib. 4. fol. 118. _Nich. Gillius_ in Chron. _Regis Joannis_, are our
Authors.
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