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 thus much may suffice on this Point. From all which we think it
appears plainly, that the whole Power of the Administration of the
Kingdom was lodg'd in the _Publick Council_, which they called
_Placitum_; because according to the Idiom of the _Latin_ Tongue, _that_
is properly termed _Placitum_, which after having been proposed and
debated in a Council of many Persons, is at last agreed to, and resolved
upon by them. And therefore _Cicero_, with others of the Ancients, were
wont to call such-like Determinations, _Placita Philosophorum_.
Since therefore the Matter is so, I hope the Opinion which we have
formerly given in some of our other Books, will not be esteemed absurd;
_viz._ That the common Form used by the King's Secretary in the last
Clause of our Ordinances and Edits, _Quia tale est PLACITUM nostrum_,
arises from hence: For anciently those Laws were written in the _Latin
Tongue_, (as is sufficiently proved by _Aimoinus_, the _Capitulary of
Charles the Great_, and many other Records); but afterwards when the
King's Secretaries or Clerks began to make Use of the Vulgar Tongue,
thro' Ignorance, or rather Malice, they translated it thus,--_Car tel
est nostre Plaisir: For such is our Will and Pleasure_.
Now as to the _Power_ of the _People_, we have this farther Argument
extant in the same Capitulary of _Charles the Great_.--"Let the _People_
(says it) be consulted touching all the Heads of the new Laws, which are
to be added to the former; and after they have _all given their
Consents_, let them set their Hands and Seals to every Article."
From which Words, 'tis apparent that the People of _France_ were wont to
be bound by such Laws _only_, as they had publickly agreed to in their
_Parliaments_. Also _in fine Leg. Aleman._ we find this Passage.--"This
is decreed by the _King_ and his _Nobles_, and all the Christian
_People_ which compose the Kingdom of the _Merovingians_." Also
_Aimoinus_, lib. 5 cap. 38.--"In this _Placitum_ the Laws which follow
were agreed upon, to be observed between them, by the _Consent_ of the
faithful _Subjects_.--An Agreement made between the Glorious Kings, &c.
by the _Advice_ and _Consent_ of their faithful Commons, &c."
Lastly, we cannot omit observing, that so great was the _Reputation_ and
_Authority_ of this _General Council_, even among _Strangers_, that
_foreign Princes_ submitted to have their Controversies and Differences
decided by it. The _Appendix_ to _Greg. Turon._ lib. 11. cap. 37. _Anno_
12. of _Theodorick_'s Reign, has this Passage in it.--"When
_Alsaciones_, [perhaps _Alsatia_] in which Country he had been brought
up, and which was left him by his Father _Childebert_, fell nevertheless
to _Theodebert_, according to the Custom in Use among the _Barbarians_;
the two Kings agreed that their Difference should be decided by the
judgment of the _Franks_, (in _Salocissa castro_) in their Camp near the
River _Sala_."
* * * * *
CHAP. XII.
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