it, but by their _Fellows in Collegio_. Now altho' this Magistracy might owe its Original to a foreign Prince; yet when he was driven out, the succeeding Kings finding it accommodated to their own Ends and Conveniences, ('tis most probable) continued and made use of it. The first mention I find made of these _Peers_, was at the Inauguration of _Philip the Fair_, by whom also (as many affirm) the Six _Ecclestastical Peers_ were first created. But _Budaeus_, an extraordinary Learned Man, calls these _Peers_ by the Name of _Patritians_; and is of Opinion that they were instituted by one of our Kings, who was at the same Time _Emperor_ of _Germany_; because, _Justinian_ says, those _Patres_ were chosen by the _Emperor_, _quasi Reipub. patronos tutoresque_, as it were _Patrons_ and _Tutors_ of the Commonwealth. I do not reject this Opinion of that Learned Person; such a Thing being very agreeable to the Dignity of these _Peers_. For in the Times of the later _Roman Emperors_, we find the _Patritian_ Dignity not to have been very unlike that of the _Peers_; because (as _Suidas_ assures us,) they were (partly) the _Fathers of the_ Republick, and were of _Council_ with the Emperor in all weighty Concerns, and made use of the same Ensigns of Authority with the _Consuls_; and had greater Honour and Power than the _Praefectus Praetorio_, tho' less than the _Consul_; as we may learn _ex Justiniani Novellis_; from _Sidon. Apollin. Claudian_; and _Cassiadorus_ especially. But when the _Empire_ was transferr'd to the _Germans_, we do not believe this Honour was in use among them. Neither is it likely, that none of the _German_ Historians should have made the least Mention of it, if any _Patritians_ of that Kind had been instituted by a _German_ Emperor, who at the same Time was King of _Francogallia_. Lastly, The same _Budaeus_ tells us in that Place, tho' a little doubtingly, that the like Dignity of _Peers_ had been made use of in other neighbouring Nations; and that in the _Royal Commentaries, Anno_ 1224, 'tis found written, that a certain Gentleman of _Flanders_, called _Joannes Nigellanus_, having, a Controversy there, appeal'd from the _Countess_ of _Flanders_ to the _Peers_ of _France_; having first taken his Oath that he could not expect a fair and equal Tryal before the _Peers_ of _Flanders_. And when afterwards the Cause was by the _Countess_ revok'd to the judgment of the _Peers_ of _Flanders_, it was at Length for certain Reasons decreed, that the _Peers_ of _France_ should take Cognisance of it. What the Reasons were of transferring, that Tryal, _Budaeus_ does not tell us; which one versed in the _Feudal_ Laws should never have omitted. But 'tis Time to return to our principal Business. * * * * * CHAP. XV. _Of the_ continued _Authority and Power of the_ Sacred Council, _during the Reign of the_ Carlovingian _Family_.