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
It now remains that we discourse a little of those Magistrates, which
were commonly called _Peers_ of _France_; whereof we can find no Records
or Monuments, tho' our Endeavours have not been wanting. For among so
great a Number of Books, as are called Chronicles and Annals of
_Francogallia_, not one affords us any probable Account of this
Institution. For what _Gaguinus_, and _Paulus AEmilius_ (who was not so
much an Historian of _French_ Affairs, as of the _Pope's_) and other
common Writers do affirm, to wit, That those Magistrates were instituted
by _Pipin_ or _Charlemagn_, appears plainly to be absurd; because not
one of all the _German_ Historians, who wrote during the Reigns of those
Kings, or for some Time after, makes the least Mention of those
Magistrates. _Aimoinus_ himself who wrote a History of the Military
Atchievements and Institutions of the _Franks_, down to the Reign of
_Lewis the Pious_, and the _Appendix_, which reaches as far as the Time
of _Lewis the Younger_, being the 37th King, speak not one Word of these
_Peers_ in any Place of their Histories; so that till I am better
inform'd, I must concur in Opinion with _Gervase_ of _Tilbury_, who (as
_Gaguinus_ says in the Book which he wrote to the Emperor _Otho_ the
IVth, _de otiis imperialibus_) affirms. That this Institution is first
owing to King _Arthur_ of _Britain_, who ruled some time in Part of
_France_.
For I suppose the Original of that Institution to be this; that as in
the _Feudal_ Law such are called, _Pares curie beneficiari_, i. e. _equal
Tenants by Homage of the Court_, or _Clientes [Greek: omotimoi],
Clients of like holding_, or _Convassilli, Fellow Vassals_, who
hold their _Fiefs_ and _Benefices_ from one and the same _Lord_ and
_Patron_; and upon that Account are bound to him in _Fealty_ and
Obedience: just so King _Arthur_ having acquired a new Principality,
selected _twelve great Men_, to whom he distributed the several Parts
and _Satrapies_ of his Kingdom, whole Assistance and Advice he made use
of in the Administration of the Government. For I cannot approve of
their Judgment, who write, that they were called _Peers_, because they
were _Pares Regi_, the _King's Equals_; since their Parity his no
Relation to the _Regal Dignity_, but only to that Authority and Dignity
they had agreed should be common among them. Their Names were these, the
_Dukes of Burgundy, Normandy_, and _Aquitain_; the _Counts_ of
_Flanders, Tholouse_, and _Champagne_; the _Archbishops_ of _Rheims,
Laon_, and _Langres_; the _Bishops_ of _Beauvais, Noyon_, and _Chalons_.
And as the _Pares Curtis_, or _Curie_, in the _Feudal_ Law, can neither
be created, but by the Consent of the Fraternity; nor _abdicated_, but
by Tryal before their Colleagues; nor _impeach'd_ before any other Court
of Judicature; so these _Peers_ were not bound by any judgment or
Sentence, but that of the _Parliament_, that is, of this imaginary
Council; nor could be _elected_ into the _Society_, or _ejected_ out of
Public-domain text, read in full here on John Shaqi.
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