* *

CHAP. XVII.

_Of the uninterrupted Authority of the_ Publick Council
_during the_ Capevingian _Race_.

We may learn, out of _Froissard, Monstrellet, Gaguinus, Commines,
Gillius_, and all the other Historians who have written concerning these
Times, that the Authority of the Publick Council was little or nothing
less in the Time of the _Capevingian_ Family than it had been during the
two former Races. But because it would be too troublesome, and almost an
infinite Labour to quote every Instance of this Nature, we shall only
chose some few of the most remarkable Examples out of a vast Number
which we might produce.

And the first shall be, what hapned in the Year 1328. When _Charles_ the
_Fair_ dying without Issue Male, and leaving a Posthumous Daughter
behind him; _Edward_ King of _England_, and Son to _Isabella_, Sister of
_Charles_, claimed the Kingdom of _France_ as belonging to him of Right.
Now there could be no Trial of greater Importance, nor more illustrious,
brought before the _Publick Council_, than a Controversy of this Kind.
And because it was decided there, and both Kings did submit themselves
to the Judgment and Determination of the Council, 'tis an irrefragable
Argument, that the _Authority_ of the _Council_ was greater than that of
both Kings. This Fact is recorded not only by all our own Historians,
but by _Polydore Virgil_ an _English_ Writer, _Histor. lib_ 19.
Moreover, that great Lawyer _Paponius_, _Arrestorum_, lib. 4. cap. I.
has left it on Record, (grounded, no doubt, upon sufficient
Authorities,) "That both Kings were present at that _Council_, when the
Matter was almost brought to an open Rupture; by the Advice of the
_Nobles_, a _General Convention_ of the _People_ and _States_ was
summon'd: and the _Vote of the Majority_ was, that the Kinsman, by the
Father's Side, ought to have the Preference; and that the Custody of the
Queen, then great with Child, shou'd be given to _Valois_; to whom also
the Kingdom was _adjudged_ and _decreed_ in Case she brought forth a
Daughter."--Which History _Froissard_, Vol. I. Cap. 22. _Paponius_
Arrest. lib. 4. cap. I. Art. 2. and _Gaguinus_ in _Philippo Valesio_,
have published.

The Year 1356, furnishes us with another Example; at which Time King
_John_ was defeated by the _English_ at _Poictiers_; taken Prisoner, and
carried into _England_.--"After so great a Calamity, the only Hopes left
were in the Authority of the _Great Co