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
is recorded by _Sigebertus_, sub anno 894. _Aimoinus_ lib. 5. cap. 42.
and _Godfridus_ part. 17.
We must add to this Number _Charles_ the 27th King, sirnamed (because of
his _Dullness_) [Footnote: _Propter Stuporem ingenii._] _Charles_ the
_Simple_: Who having thro' his Folly suffer'd his Kingdom to run to
Decay, and lost _Lorrain_ (which he had before recover'd) was _taken and
cast into Prison_, and _Rodolphus_ was _chosen_ in his place, as
_Aimoinus, lib. 5. cap. 42._ and _Sigebertus, anno 926._ do testify.
* * * * *
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, when he left
more than one behind him. For since the Supreme Power nor only of
_Creating_, but also of _dethroning_ their Kings, was lodged in the
_Convention_ of the _People_, and _Publick Council_ of the Nation; it
necessarily follows, that the _ordering_ the _Succession_ (whether they
should give it entirely to one, or divide it) was likewise in the
_People_. Altho' in this place another Question may arise, _viz._
supposing the People shou'd _reject_ the Son of their King, and _elect_
a Stranger, whether any thing should be allowed to the first to maintain
his Dignity? For the Solution, of which 'tis to be understood, that
Lawyers reckon four Kinds of such Goods, as may be properly said to be
under the King's [Footnote: _In Regis ditione._] Governance; _viz._ the
Goods of _Caesar_, the Goods of the _Exchequer_; the Goods of the
_Publick_, and _Private_ Goods. The Goods of _Caesar_ are such as belong
to the _Patrimony_ of every Prince, not as he is _King_, but as he is
Ludovicus, or _Lotharius_, or _Dagobertus_. Now this Patrimony is called
by the _Gallican_ Institutions, _The King's Domain_; which cannot be
alien'd, but by the Consent of the _publick Council_ of the Nation, as
we shall make it appear hereafter, when we come to treat of the
Authority of that _Council_. The Goods of the _Exchequer_ are such as
are given by the _People_, partly to defend the King's Dignity, and
partly appropriated to the Uses and Exigencies of the _Commonwealth_.
The Goods of the _Publick_ (as the Lawyers call them) are such as
inseparably belong to the _Kingdom_ and _Commonwealth_. The _private_
Goods are reckon'd to be such Estate, Goods and Fortune, as are esteemed
to belong to every Father of a Family. Therefore upon the Death of any
King, if the Kingdom be conferr'd on a Stranger, the _Patrimonial_
Estate, as Lawyers call it, (being what was not in the King's Power to
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