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
A third Instance we have _Anno_ 1375, when the last Will and Testament
of _Charles_ the Fifth, Surnamed the _Wise_, was produced: By which Will
he had appointed his Wife's Brother, _Philip_ Duke of _Bourbon_, to be
Guardian to his Sons, and _Lewis_ Duke of _Anjou_ his own Brother, to be
Administrator of the Kingdom till such Time as his Son _Charles_ shou'd
come of Age. But notwithstanding this, a _Great Council_ was held at
_Paris_, wherein (after declaring the Testament to be void and null) it
was decreed, that the _Administration_ of the Kingdom shou'd be
committed to _Lewis_, the Boy's Uncle: "_But upon this Condition, that
he_ should be _ruled and governed_ in that _Administration, by the
Advice of certain Persons named and approv'd by the_ Council." The
Education and Tutelage of the Child was left to _Bourbon_; and at the
same Time a Law was made, that the Heir of the Kingdom shou'd be crown'd
as soon as he shou'd be full 14 Years old, and receive the Homage and
Oath of Fidelity from his Subjects.--_Froissard_, Vol. 2. cap. 60.
_Buchett_, lib. 4. fol. 124. Chro. Brit. Cap.
A 4th Example we have in the Year 1392; at which Time the same _Charles_
the Sixth was taken with a sudden Distraction or Madness, and was
convey'd first to _Mans_, and afterwards to _Paris_; and there a
_General Council_ was held, wherein it was decreed by the _Authority of
the States_, that the _Administration_ of the _Kingdom_ shou'd be
committed to the Dukes of _Aquitain_ and _Burgundy_.--_Froissard_, Vol.
4. cap. 44. is our Author.
5. Neither must we omit what _Paponius_ (Arrest. lib. 5. tit. 10. Art.
4.) testifies to have been declared by the _Parliament_ at _Paris_,
within the Compass of almost our own Memories, when _Francis_ the First
had a Mind to alienate Part of his Dominions; _viz._ "That all
Alienations of that Kind made by any of his Predecessors, were void and
null in themselves; upon this very Account, that they were done _without
the Authority of the Great Council_, and of _the Three Estates_," as he
calls them.
A 6th Example we have in the Year 1426, when _Philip_ Duke of
_Burgundy_, and _Hanfred_ [Dux _Glocestriae_] were at mortal Enmity with
each other, to the great Detriment of the Commonwealth and it was at
last agreed between them to determine their Quarrel by single Combat:
For in that Contention the _Great Council_ interposed its Authority, and
decreed that both shou'd lay down their Arms, and submit to have their
Controversies _judicially tryed_ before the _Council_, rather than
_disputed_ with the _Sword_. Which History is related at large by
_Paradinus_, in _Chron. Burgund. lib._ 3. _Anno_ 1426.
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