Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.

Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.

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 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

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Franco-Gallia from Project Gutenberg. Public domain.