blick_ (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 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.
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