imes 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_.
We have, as we suppose, sufficiently explain'd what was the Form and
Constitution of our Commonwealth, and how great the Authority of the
_Publick Council_ was during the Reigns of the Kings of the
_Merovingian_ Family. We must now proceed to give an Account of it under
the _Carlovingian_ Race. And as well all our _own_ as the _German_
Historians, give us Reason to believe that the very same _Power_ and
_Authority_ of the _Orders_ or _States_ of the Kingdom, was kept entire.
So that
|