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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19775 The vievv of Fraunce Dallington, Robert, 1561-1637.; Michell, Francis, Sir, b. 1556. 1604 (1604) STC 6202; ESTC S109214 101,702 171

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heires males to the house of Valois and for want of issue male in them is now come to the house of Burbon In this space of time you must obserue the three ages of France Her child-hood till Pepin her manhood till Capet her olde age till now For in the first age the Kings were like children content to be taught by others in matters of Religion as then ye may note that Clouis receiued the faith and was baptized as also in matter of policy they were content that others should beare the whole sway and rule them also such were the Maieurs de Palais whereof Pepin was one that vsurped In their manhood they did like men conquer kingdomes relieue distressed Christians ouercome Saracenes Infidels defend the Church against all assayles as ye may perceiue by the History of Charles the great and his successors And lastly now in her old age she grew wise erected Courts for iustice made lawes and ordinances to gouerne her inhabitants wherein no Countrey in Europe hath excelled her for so sayth my Author Il n'y a contré au monde ou la iustice soit mieux establit qu'n la nostre There is no Countrey in the world where Iustice is better established then ours which is true but with this addition of a later writer s'ilny en auoit tant et trop et s'ils estoient iustement exercez If the Officers thereof were not too too many if their places were rightl● executed This was the reason why many wise men of the world did imagine that this Feuer of the league which was entred at Peronne some 20. yeres since against France would haue shakē the State from a Monarchy to an Aristocracy considering that in age nothing is more dangerous and besides it was now her climactetical yere of Gouernmēt for this is the 63. King though this be but a curious and ill grounded conceit as also that other of the pourtreicts of the Kings in the Palace at Paris where because all the voyde places be fulfilled they would needes coniecture forsooth or rather conclude that there should be no moe Kings But this is but an idle dreame and presupposition for in the Cathedrall Church of Sienna in Italy all the roomes for the Popes are filled vp long ago euer since the time of Martin the 5. and yet notwithstanding that Sea of Rome stil hath a Pope But Du Haillan saith that as vertue was the cause that this State rose frō the ground of her base beginning to this height so Fortune hath beene the cause that she is not falne frō that high pitch to her first lownesse For he can see no reason of her standing considering these ciuill warres the difference of Religion the ambition of houses the conspiracies and reuoltes of the people the true causes of falling Therefore hee concludes La bonne Fortune nous a plus serui que nostre vertu Good fortune hath helped vs more then our owne vertue But without so much talking of the good Genius and bon-heur good hap of France hee should haue asscribed the first cause to God and the next to her Maiestie but this French is euer a thankelesse people I must not force this Relation with many notes of things here happening in former ages it is both impertinent and tedious onely I would wish you note that in 482. the Christian Faith was here receiued and in the yeere 800. the Romane Empire hither translated Concerning the Countrey of France the State is a Monarchy the gouernement is mixt for the authority of Maieurs Escheuins Consuls Iureurs c. is Democraticall the Paires the Counsels the Parliaments the Chambers of Counts the Generalities c. are Aristocraticall The calling of assemblies giuing of Offices sending Embassages concluding of Treaties pardoning of offences ennobling of Families legitimation of bastards coyning of moneys and diuers other to the number of 24. are meerely Regall called of the French Droicts Royaux And sure it is that no Prince in Europe is a more perfect Monarch then he for besides all these priuiledges named as we say of the Parliament of Paris that it hath the prerogatiue to bee appealed vnto from all other Courts which they call the Dernier ressort the last appeale so is it likewise true that the King himselfe hath the meere and absolute authoritie ouer this For though no Edict or Proclamation no Warre or Peace which he makes bee good without the consent and Arrest as they call it of this Court Yet true it is that when he sending to them for their confirmation and ratifying thereof if at first they refuse send Deleguez Deputies to his Maiestie to informe him of their reasons and humble sute to reuoke the same he returnes them vpon paine of his displeasure and depriuation of their Offices to confirme it Sic volo sic iubeo Such is my pleasure and absolute commandement As touching the Lawes of France we must know that most of thē are grounded on the Ciuil Law of the Emperor but so as this State euer protesteth against thē so far as they be good and equall insomuch as in former times it was ordeined that he which alledged any Law of Iustinian should lose his head Of the Lawes here in force some are fundamentall as they call them and immortall such as nor King nor assembly can abrogate others are temporall Quemadmodum ex his legibus quae non in tempus sed perpetuae vtilitatis causa in aeternum latae sunt nullam abrogari fateor nisi quam aut vsus coarguit aut st●tus aliquis reip inutilem facit Sic quas tempora aliqua ●●siderant leges mortales vt ita dicam ipsis temporibus mutabiles esse video I confesse none of those Lawes which are not Temporary but established as eternall for the vniuersall good are euer abrogated such onely excepted as either vse findes hurtfull or some state of the Commonwealth makes vnprofitable so I see that those Lawes that are applied to particular times occasions are mortall as I may call them and change times with change And therefore one saith Quae in pace latae sunt plerumque bellum abrogat quae in bello pax vt in nauis administratione alia in secunda alia in aduersa tempestate vsi sunt Warre commonly abolisheth Lawes made in peace and peace Lawes made in Warre Euen as Mariners in guiding a Ship vse one course in faire weather another in foule Of the first sort I will onely remember you of two examples the Law Salique and that of Appennages As for the first they would needes make the world beleeue that it is of great antiquitie wherewith they very wrongfully tromped the heires of Edward the third of their enioying this Crowne of France which to them is rightly descended by his Mother and whose claime is still good were the English sword well whetted to cut the Labels of this Law Of which