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
alienate) shall descend by Inheritance to his Children: But that which
belongs to the _Kingdom_ and _Commonwealth_, must necessarily go to him
who is chosen King, because it is part of the _Kingdom_. Altho' it may
be reasonable, that Dukedoms, Counties, and such like (by Consent of the
_publick Convention_ of the People) may be assigned to such Children for
the Maintenance of their Quality; as _Otto Frising_, Chron. 5. cap. 9.
and _Godfrey of Viterbo_, tell us, That _Dagobert_ Son of _Lotharius_
being made King, assigned certain Towns and Villages near the _Loire_,
to his Brother _Heribert_ for his Maintenance. Which _Aimoinus_
confirms, _lib._ 4. cap. 17. and further adds, that he made a Bargain
with him, to live as a private Person, and to expect no more of his
Father's Kingdom. Also in his 61. _chap._ where he speaks of King
_Pipin_, "He bestowed (says he) some Counties on his Brother _Grison_,
according to the _Order_ of the Twelve Peers." And to this belongs what
_Greg. Turon._ writes, _lib. 7. cap. 32._--"_Gondobaldus_ sent two
Ambassadors to the King with consecrated Rods in their hands, (that no
Violence might be offer'd them by any body, according to the Rites of
the _Franks_) who spoke these Words to the King, _Gondobaldus_ says, he
is a Son of King _Clotharius_, and has sent us to claim a due Portion of
his Kingdom."
But to return to the Question, as far as it relates to the Succession of
the Kingdom; I can find out no certain Rule or Law in _Francogallia_
touching that Matter; because (as I said before) the Kingdom was not
hereditary. 'Tis true, that in many _Noble Patrimonies_ there was what
we call _Fiefs_, Feuda; as _Otto Frising. lib. 2. cap. 29._ observes,
"'Tis the Custom (says he) in _Burgundy_, which is also in most of the
other Provinces of _France_, that the Authority of the Paternal
Inheritance always falls to the Elder Brother, and his Children, whether
Male or Female; the others looking on him as their Lord--." And that the
same was practised among the whole Nation of the _Franks, Petrus de
Vincis_, lib. epist. 6. epist. 25. and in other Places of his Writings,
sets forth at large. But in the Succession of the Kingdom a different
Rule was observ'd. For our Records do testify, that in old times the
Kingdom of _Francogallia_, upon the Death of the King, was very often,
not bestowed by the People on any one of his Sons, but divided into
convenient Parcels, and a part assigned to each of them. Therefore when
_Clodoveus_ the 2d King dyed, _anno_ 515. who left four Sons,
_Theodorick, Clodoveus, Childebert_, and _Clotharius_, we find the
Kingdom was thus divided among them; _Theodorick_ had the Kingdom of
_Metz_ for his Share, _Clodoveus_ that of _Orleans, Clotharius_ that of
_Soissons_, and _Childebertus_ that of _Paris_, as 'tis recorded by
_Agathius_, lib. hist. 1. _Greg. Turon._ lib. 3. cap. 1. _Aimoinus_ lib.
2. cap. 1. _Rhegino_ sub anno 421.
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