h, the _Franks_
having assembled themselves in a _solemn general Convention_, did there
_appoint_ both his Sons to be their Kings, upon this Condition, that
they shou'd equally divide the whole body of the Kingdom between them:
And that _Charles_ shou'd reign over that part of it, which their Father
_Pipin_ enjoy'd; and _Carloman_ over the other Part which their _Uncle_
held."
Also the _Abbot of Ursperg_ says,--"When _Pipin_ was dead, his two Sons
_Charles_ and _Carloman_, by the _Consent of all the Franks_, were
created Kings, upon Condition, that they shou'd divide the whole body of
the Kingdom equally between them.--" The same Method in dividing the
Kingdom, was practised after the Death of _Charlemagn_, as 'tis manifest
by his last Will and Testament, recorded by _Johannes Nauclerus_, and
_Eguinarthus_'s History of his Life. Wherein we find almost all _Europe_
so divided among his three Sons, that nothing was assigned either as a
Portion or Dower, to his Daughters; but the marrying and providing for
them was entirely trusted to the Care and Prudence of their Brothers.
_Otto Frisingensis_, chron. 6. cap. 6. and _Rhegino_ in chron. anno 877.
assure us, that the same Manner of dividing the Kingdom was practis'd in
_East-France_, after the Death of _King Lewis the Stammerer_, in 874.
Again, some Years after, _anno_ 880. after King _Lewis_ the 23d King's
Death, the very same way of dividing the Kingdom was made use of; which
however we are to observe, was _not in_ the _Power_ and _Arbitriment_ of
_the Kings themselves_; but done by the _Authority_ of the _Publick
Council_, as we may easily collect from these Words of _Aimoinus_, lib.
5. cap. 40. "The Sons (says he) of _Lewis_, late King of the _Franks_,
met at _Amiens_, and divided their Father's Kingdom between them,
_according to the Direction of their faithful Subjects._"
From all which Arguments 'tis very plain, that anciently there was no
certain Law or Right of _Francogallia_ touching this Matter; but the
_whole Power of disposing_ of it was lodged in the _Publick Council_ of
the Nation. Indeed afterwards in the Reign of _Philip_ the 3d, (the 41st
King) it was ordained, that certain Lordships might be set out and
assigned to younger Brothers: But even of this Law there were various
Interpretations, and many Controversies arose concerning Daughters; so
that we can deliver nothing for certain in this Affair; only thus much
we may truly say, That _if the Ancient In
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