This arrangement did not, however,
continue
long.
Thomas Carlyle
iii.
p.
216 fl.
! Picot, op. cil. , vol. iii. p. 258.
1 'Recueil. ' vol. 15, No. 105 (p. 118):
"Je ne vous ai point appele? s, commo
fnisoient mos predecesseurs, pour vous
faire approuver lours volontea. Je
vous ai assemble? s pour recevoir vos
conseils, pour les croire, pour les
suivre, bref pour me mettre en tutelle
entre ves mains; envie qui ne proud
guere aux rois, aux barbes grises et
aux victorieux; mais le violent amour
que je porte a mes sujets, et l'extreme
envie que jai d'sjouter oes deux beaux
titres a celui de roi, me font trouver
tout aise et honorable. "
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? 480
[PABT IV.
THE LATER SIXTEENTH CENTURY.
or even the notables, but published it with the advice of the
Princes of the Blood, other princes and officers of the crown,
and other great and notable persons of his Council of State;
but he was careful to say that he did this after he had examined
the " Cahiers des plaintes " of his Catholic subjects, and after he
had permitted his subjects of the Eeformed religion to assemble
and prepare their statements; and that it was only when
these had been carefully considered that the Edict was issued. 1
We must turn to the financial authority of the Estates
Provincial and General in the sixteenth century. We must
bear in mind that the position of the Provincial Estates was
of great importance, and that even though the States General
only met occasionally, it must not be assumed that it was
admitted that the French crown had the right to impose
taxation at its own discretion. We give a few examples of the
recognition of the place of the Provincial Estates in this matter.
On the occasion of the marriage of Louis XII. to Anne the
Duchess of Brittany in 1499, it was specially provided in
the Letters Patent confurning the liberties of the Duchy,
that when subsidies were to be levied, the Estates were to be
called together in the accustomed manner,2 and we find that
in 1501 the Eoyal Commissioners, who were sent to hold a
1 'Recueil,' vol. 15, No. 124 (p. 171): causes, ayant avec l'avis des princes de
"Pour coste occasion ayont recogneu nostra sang, autres princes et officiera
cette affaire de tre`s grande importance de la couronne, et autres grands et
et digne de tre`s bonne conside? ration, notables personnages de nostre conseil
apre`s avoir repris les cahiors des plaintes d'estat pre`s de nous, bien et diligem-
de nos subjects catholiques, ayant ment poise? et conside? re? tout ceste
aussi permis a` nosdits subjects de la affaire, avons par cest e? dict perpetuel
religion pre? tendue reforme? e, de s'assem- et irre? vocable dit, declare? et ordonne? ,
bier par de? putations pour dresser les disons, de? clarcons et ordonnons ete. "
leurs et mettre ensemble toutes lesdites ''Ordonnances,' vol. 21, 1499
remontrances, et sur ce fait confe? re? (p. 150) (4): "Item que en tant que
avec eux par diverses fois et reveu les touche e? s impositions de fouaiges et
arre^ts pre? ce? dents; nous avons juge? autres subsides livrez on cueillis audit
necessaire de donner maintenant sur pays de Bretaigne, los gens dos estat>>
le tout a` tous nosdits subjects une loi dudit pays soyent convoquez et appeliez
ge? ne? rale, claire, nette et absolue, par en la form accoustume? e. "
laquelle ils soient regle? s sur tous les Cf. 'Ordonnance of 1498' (vol. 21
differends qui sont oy-devant sur ro sur- p. 76) on the question of raising the
rvenus entre eux, et y pourront encores price of sait in Burgundy,
survenir cy-apre`s. . . . Pour ces
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? CHAP. IV. ] REPRESENTATIVE INSTITUTIONS IN PRACTICE. 481
meeting of the Estates of Brittany, were instructed to report
to them the great expenses of the war in Italy, and to ask
them to grant special taxation to meet these. 1 In 1551
Henry II. forbade the "Parlement " of Grenoble to interfere
in the leyy of taxes which the Estates of Dauphine imposed
at their annual meeting. 2 In 1571 it would appear that
Charles IX. asked the Estates of Brittany to grant a subsidy
of 300,000 livres, but they would only give 120,000. 3 In
1578 the Estates of Normandy demanded the reduction of
taxation to the level of the time of Louis XII. , and granted
the taille for one year only. *
When we turn to the national authority we find that there
are some important references, even in the first part of the
sixteenth century. Louis XII. in 1508 speaks of the grants
of money in the form of aids, tailles, and gabelles, as having
been imposed by his ancestors after great deliberations with
the princes, prelates, nobles, burgesses, and other inhabitants
of the country, to resist the invasions of its enemies. 5 It is
true that the words do not refer directly to the States General,
but they seem to imply the national consent to taxation.
Francis I. , in giving his mother charge of the kingdom in
1515 and 1523 during his absence at the wars in Italy,
specifically mentions that he has given her authority to call
together the Estates of the kingdom, or of particular provinces,
to report to them the condition of his affairs, and to ask
them for aids. * In 1549 Henry II. issued an Ordinance
raising the wages of the "Gendarmerie," and substituting
this for the contributions in kind which the inhabitants of
the places where they wore quartered had been obliged to
make to them; but he adds that he had first caused the matter
to be laid before the people of the various provinces, and had
received their approval. 7 In 1555 Henry repeated the Ordi-
nance, and again added that he had imposed the necessary
taxation with the consent of his subjects. 8
1 'Recueil,' vol. 61, No. 48 (p. 432). 4 'Ordonnances," vol. 21 (p. 385).
1 Id. , vol. 13, No. 204. * 'Rooueil,' vol. 12 (p. 42).
* Picot, 'Histoire des iStats Genor- ''Reoueil,' vol. 13, No. 102.
aux,' vol. iii. p. 3, note 1. 8 Id. , vol. 13, No. 285.
4 Id. id. , vol. ii. p. 389.
VOL. VI. 2 H
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? 482
THE LATER SIXTEENTH CENTURY. [PABT IV.
We have already dealt with the important constitutional
conceptions of the history and nature of the States General
which the Chancellor, Michel L'Hdpital, set out in the speech
with which he opened the States General at Orleans in Decem-
ber 1560. 1 For our present purpose it is important to con-
sider the speech he made to them on 31st January 1561.
He first put before them the lamentable financial position
of the king, whose debts now amounted to 43 million livres.
He proposed that the clergy should undertake to redeem the
royal domain and the aids and "gabelles" which had been
alienated, and he proposed to the Third Estate that the
"gabelle " in salt, the " tailles," and the tax on wine should
be greatly increased; but he also assured them the king
asked this only for a period of six years, after which all
the taxes should be restored to the level at which they stood
in the time of Louis XII. It is important also to observe that
L'Hdpital added, that as the members of the Estates said
that they had not received authority to make any grant,
they should return to their provinces, and consult them,
and return in May. 2
When the States General met at Blois in 3 576, several of the
deputies of the Third Estate represented that the crown was
1 Cf. p. 473.
1 M. L'Hdpital, ' OEuvres Completes,'
vol. ii. (p. 161). The king had reduced
his expenditure, but there was a heavy
debt, of 43 million livres, and he therefore
begged the estates "a` subvenir a` son
prince et lui ayder a` son urgent neces-
site? " (p. 164). The king begged the
clergy "de rachepter son domaine,
ses aydes et gabelles aliesnez, et s'ils
ne le pouvoit faire pre? sentement, qu'ils
10 fist, dans six anne? es prochaines. . . .
Tontes fois avait e? te? ad vise? ung ex-
pedient, qu'aux lieux et endroits ou
le roy prenait son droit de gabelles, on
le? veroit sur chascung muyd de sel
quinze livres tournois et aux lieux ou`
11 n'y a gabelles, on prendrast ung quart
au autres redevances. . . .
(p. 165) Et au regard du tiers-
estat, quilz consentissent a` l'augmenta-
tion dos tailles; et ou` l'on ne perc? oit
que les droicts do huitiesme ou dou-
zieme du vin, que lo roy en prendroit
le quart ou autre raisonnable impost
. . . et que le roy ne demandoist
lesdits imposts, aydes et subventions,
que pour six ans au plus, et si plutost
il se trouvoit acquitte? de ses debtes,
il remettroit le tout a` son ancienne
forme, et en tel estat qu'il estait du
re? gne de Louis XII. . . .
(p. 166) Et parce que lesdits estat s
avirent remonstre? , qu'ils n'avoient
charges de ceulx qui les a voient com-
miz d'aucune chose accorder, diet
qu'ilz se retirassent en leurs pays, et
assemblassent par gouvernemens, que
dedans le premier jour de Mai ilz
comparussent a` Melun. "
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? CHAP. IV. ] REPRESENTATIVE INSTITUTIONS IN PRACTICE. 483
levying money by various new impositions, contrary to the
ancient constitution, and it was agreed to request the king to
cause inquiries to be made about this in each province. 1
The nobles joined in this request,2 and again, when the Third
Estate was asked to grant an aid of two million "livres," it
replied that they had received no power from their con-
stituencies to make such a grant. 3
At the Estates of Blois in 1588, one of the Burgundian
deputies complained that they had been compelled to pay
extraordinary impositions "contre la liberie? et le privilege
du pays," 4 and the Third Estate joined in the demand that
the taille should be reduced to the level of 1576. 5
As we have already pointed out, no States General met
during the reign of Henry IV. , but it must be noticed that
it was with the advice and consent of the Assembly of Notables
which he called together in 1596 that the new tax of the
"pancarte" was imposed in 1597; and it was provided
that while one-half of the proceeds of the tax was to be under
the direct control of the king, the other half was to be ad-
ministered by a commission appointed by the notables.
This arrangement did not, however, continue long. After a
few months the commission transferred their part to the
king, and in 1602 Henry IV. abolished the tax, on the ground
that it had been found peculiarly onerous, and substituted
other forms of taxation for it. 8
It would thus appear that in the sixteenth century, as
before, apart from the ordinary revenues of the crown, which
now included the taille at a more or less definite amount, it
was generally held that it was proper, if not absolutely neces
sary, that the crown should obtain the consent of the com-
1 'Reoueil des Pie? ces concernement la
Temi des Ktats Generaux, 1560-1614,'
vol. iii. p. 233: "Que pendant l'assem-
ble? s de ces presents Etats, on fait lever
par les provinces plusieurs deniers sut
I edit Tiers-15 tat, tant par formes
d'emprunts, nouvelles impositions, que
autres nouvellette? s, et erections de
nouveaux fitats et Officiers, contre
l'Estat ancien, ot a la foulle du
Pouple. "
1 Id. id. , p. 236.
>> Id. id. , p. 260.
* Id. id. , vol. iv. , 'Proces-Verbal,'
p. 231.
* Id. id. id. , 'Pieces Justiticatives,'
p. 131.
* 'Keoueil,' vol. 15, No. 110 and
No. 162.
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? 484
[part IV.
THE LATER SIXTEENTH CENTURY.
munity, either formally or informally, through the Provincial
Estates, the States General, or some less formal assembly,
before it could impose taxation. It is no doubt probably
true that in the sixteenth century, as in the fourteenth and
fifteenth centuries, the crown from time to time raised money
without any constitutional formality, but it seems clear that
this was irregular.
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? 485
CHAPTER V.
THE THEORY OF REPRESENTATIVE INSTITUTIONS IN
THE POLITICAL LITERATURE OP THE SIXTEENTH
CENTURY.
We have so far considered the importance of the representa-
tive institutions as we find them illustrated in the actual
proceedings of the Cortes and the Estates, Provincial and
General, of Spain and France, but we must now take account
of the discussion of the subject in the political treatises and
pamphlets of the sixteenth century. We have said enough to
show that these representative institutions continued in the
sixteenth century to have some real importance in the struc-
ture of political society.
This, however, is not a sufficient account of the significance
of the conception of the organised representation of the
community. We think that it is clear that the importance of
this was almost universally recognised in theory, and was
accepted even by those who insisted most strongly upon the
authority of the monarchy.
We may begin by reminding ourselves of the terms in which
Commines, in the last years of the fifteenth century (or the
first years of the sixteenth century), refers to the States
General. Commines' own opinion was that the royal power
was greatly increased when the king acted with the advice or
counsel of his subjects, that is of the Estates; he speaks with
disdainful contempt of those who opposed their meetings as
tending to diminish the royal authority; and he is equally
dogmatic in maintaining that the king had no authority to
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? 486
[PABT IV.
THE LATER SIXTEENTH CENTURY.
impose taxation on his subjects without their consent. 1 It
is quite clear that to Commines the meetings of the Estates
were a normal, useful, and even, for financial purposes, a
necessary part of any intelligent system of government; and
this is the more important because he was a great servant and
officer of the French crown.
It is, again, true that while de Seyssel's principle of the
limitation of the authority of the French monarchy rested
primarily upon a legal foundation, and that he was little
interested in representative institutions, he was clear in
maintaining that when there were great matters to consider,
such as war or legislation, the king should call together, not
his Ordinary Council, but a great council of princes, prelates,
nobles, jurists, and (though he seems to admit it grudgingly)
some citizens of the great towns. 2 De Seyssel had been, like
Commines, for many years in the service of the French crown.
Again, as we have seen in the last chapter, Michel L'Hdpital
as Chancellor of France, at the opening of the States General of
Blois in 1559, spoke of the ancient Kings of France as having
held meetings of the Estates frequently, and said that they
had consulted them on matters of grave importance for the
country. He says indeed that the king was not bound to
take counsel with his people, but it was good and useful that
lie should do so. 3 It is clear that in L'Hdpital's opinion the
States General, as representing the French people, were a
normal and valuable part of the political organisation of the
country.
It is also very important to observe that even Bodin, with
all his insistence upon the "Maiestas" (sovereignty) of the
King of France, maintains the great importance of the meet-
ings of the representative assemblies, and indeed states this
as a general principle which applied not only to France, but
to the other important countries of Western Europe. He
urges the great advantages of such assemblies for dealing with
the evils which might arise in the commonwealth, for making
laws, or for raising money. He praises the Spanish and
1 Cf. pp. 214 and 201. >> Cf. p. 473.
? Cf. p. 223.
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? CHAP V. ] THEORY OF REPRESENTATIVE INSTITUTIONS. 487
English rule that their "Curiae" or "Parlamenta" met
every three years, and while he admits that the King of
Prance did not call together the "Comitia" (the States
General) so frequently, he points out that six of the French
provinces had their particular assemblies. He mentions with
approval Commines' vigorous criticism of those who had
opposed the meeting of the States General, on the accession of
Charles VIII. (Tours, 1484); and finally he describes with
admiration the system of representative assemblies, local and
general, which were highly developed in Switzerland and
Germany. 1
1 Bodin, 'De Ropublica,' III. 7
(p. 346): "" Regia tamen potestas
optimis legibus ac institutis modorata,
nihil corporibus et collegiis firmius
aut stabilius habere potest. Nam si
opibus, ei pecuniis, exercitu, regi opus
est, id omnium optimo a collegiis et
corporibus fieri solet. Quinetiam i 11 i
ipsi qui conventus, quae Hispani
curiae, Angli parlamenta vocant aboleri
cupiunt, urgentibus periculis ad con-
ventus, velut ad sacram anchoram
confugiunt. ut soipsos Rempublicam
ab hostibus tueantur. TJbi enim
melius de curandis Reipublicae morbis,
de sanandis populis, do iubendis legibus,
de statu conformando, quam apud
principom in Senatu, coram populo
agi potest? . . . Quamobrem sapi-
enter ab Anglis et Hispanis institutum
est, si quidem illud teneremus, populi
conventus tertio quoque anno haberi,
et ut princeps libentius id faceret,
nullum imperari tributum poterat, nisi
populi conventus baberentur: id
quod etiamnum factum memini, quum
ab Andium Duce Francisco in Angliam
iussus legationis causa traijeci. Nostri
reges non ita saepe ut Angli comitia
oogunt, sed cum sexdecim provinciae
in hoc imperio numerentur, sex habent
sua quaedam singularia comitia, quae
ut omnino tollerentur modis omnibus
tentatum est ab iis qui sua scelera et
peeulatus pervulgari metuunt. Ut
etiam Carolo VIII Rege Imperium
ineunte, cum universee provinciae
conventus haberi opertere una voce
conclamarentur, non defuerunt qui
maiestatis crimen ingcrerent iis, qui
in eenatu cum populo idem sentirent;
qui bus acerrimo restitit Philippus
Comminius rerum gerendarum us a
clarissimus senator. Sed quam sint
necossaria totius populi concilia, ex eo
perspicitur, quod quibus populis sua
concilia cogere licet, oum iis optime
agi tor: coeteri populi tributis ao
servitute urgentur, nam singulorum
voces minus exaudiuntur: totius vere
provinciae clarissima vox est, rogatio
efficax, quam ne princeps quidem ipse,
si velit, repudiare possit. Quanquam
innumerabiles sunt conciliorum utilt-
tates. Nam si conscribendi exercitiu,
imperanda tributa, cogenda pecunia
sit, tum ad hostes repellandos, tum ad
? ? latrocinia perditorum hominum coer-
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? 488
[PART IV.
THE LATER SIXTEENTH CENTURY.
Bodin returns to the subject in a later book of the 'De
Eepublica,' and deals specially with the principle that no
taxation could be imposed without the consent of the Estates.
He says that in an assembly held by Philip of Valois in 1338
it was declared that no taxation could be imposed without
the consent of the Estates; and that though Louis XI. im-
posed a tax (without their consent) in the last years of his
reign, this was abolished by the States General of Tours on the
accession of Charles VIII. He adds that Commines main-
tained that princes could only impose taxes with the consent
of their subjects, as was still the rule in Spain, Britain, and
Germany. 1
We have already referred to the very interesting and im-
portant statements of James Almain and John Major, in the
early years of the century, that the community is superior to
the king, and can depose him; and John Major says that in
difficult matters the Three Estates of the kingdom are to
direct him. 2 In another place we have pointed out that
Calvin, with all his emphatic condemnation of the disobedience
of private persons to the divine authority of the ruler, was
also clear that if the king should abuse his authority and
misgovern his subjects, the magistrates of the people, or
De Helvetiis notum e>>t, et libris praodiorum publicorum ao dominii
accurate praescriptum: de German is fere octingenties H. S. Tributi nomine
obscurius, habent tamen non modo extremo imperii suo anno cxigerct:
singulae civitates sua collegia, corpora, nihilominus tamen Carolo VIII. regnum
iura univcrsitatis: verum etiam decem ineunte, coacti a apud Turonee comitiis,
Imperii provinciae, circulos ipsi appel- annua ilia, quae ordinaria evaserunt,
lant, sua singulis annis comitia cogunt, tributa sublata sunt: sed oandem
quorum rogationes ac decreta ad oblationem quam Carolo VII. dono
universos totius Imperii oonventus dederant, in aerarium ac septuagiee
referuntur: quibus Imperium illud H. S. donationis nomine inferri, quam
stare videmus, et quibus sublatis mere summam semel tan tum ab universis
necesse est. " ordinibus exigi placuit: ne imposterum
1 Bodin, 'Do Republica,' VI. 2 imperaretur. Et quidem Philippus
(p. 656): "Itaque Pbilippo Valesio Comminius, qui tunc publici consilii
conventus Oallicos habente anno particeps erat, negavit principibus tri-
Kcccxuvut, populi rogatione decre- buta imperare licere: sed ea tantum
tum est, ne ullum tributi aut vectigalis capere posse quae consentiontibus
genus nisi consentientibus ordinibus subditis dono darentur: eoque iure
imperaretur. Ao tametsi Ludovicum Hispanos, Britannos, Germanos etiam-
XI. regcm gravissima diffioillimaque num uti videmus. "
bella eo impulissent, ut praetor vectigal * Cf. pp. 245 and 248.
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? CHAP V. ] THEORY OF REPRESENTATIVE INSTITUTIONS. 489
perhaps the Three Estates, should restrain him. 1 We have
also, in an earlier chapter, dealt with the conception of the
nature and source of law in St Germans (1539), and especially
his treatment of English law as being primarily founded upon
custom; and we are here only concerned to observe that
when this was not adequate, the laws which he calls
statutes could be made by the king, the lords spiritual and
temporal, and the community of the whole kingdom in
Parliament. 2
We have also referred to that important work of Sir
Thomas Smith, 'De Eepublica Anglorum,' which sharply
contrasts the prince who governs with the consent of the
people and according to the laws of the commonwealth, with
the tyrant who makes and breaks the law at his pleasure. 3
We must now consider his treatment of the nature and power
of Parliament. He defines a respublica or commonwealth as
being a multitude of free men united into one, and holding
together by mutual wills and contracts, for their protection
in peace and war. * The fundamental character of the
government of the commonwealth of England he describes
in sweeping and emphatic words. It belongs to three kinds
of men; the king or queen by whose will and authority all
things are ruled, the greater and lesser nobles, and the yeo-
manry, and each of these classes has its part in judgments,
in election of officers, in imposing taxation, and in making
laws. 5 The meaning of this far-reaching statement is ex-
plained when, in a later chapter, he goes on to describe the
Parliament and its powers. It is in the Parliament that the
whole absolute power resides, for there are present the king,
the nobles, the commons, and the clergy are represented
by the bishops. It is they who take counsel for the well-
being of the kingdom and commonwealth, and when, after
long deliberation, a Bill is read three times, discussed in
both Houses, approved, and confirmed by the assent of
the king, no question can be raised as to what has been
1 Cf. p. 266.
* Cf. pp. 234-236.
1 Cf. p. 326.
* Sir Thos. Smith, 'Do Republics
Anglorum,' I. 10 (ed. 1583).
? Id. , I. 24.
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? 490 THE LATER SIXTEENTH CENTURY. [PABT IV.
decided, for it has the force of law. 1 There was indeed little
or nothing that was new in this, but it is interesting to compare
the statement of the "absolute" authority which resides in
Parliament with the conception of Bodin.
Sir Thomas Smith goes on to enumerate the powers of
Parliament, and in a later chapter, those of the king. Parlia-
ment among other things makes laws, declares the rights and
properties of private persons, establishes the forms of religion,
determines the succession to the kingdom, imposes taxation. 2
The king, on the other hand, has the right of making war
and peace, of appointing the Council, he has absolute power,
not restricted by any laws, in time of war; he has control over
the currency, the right of moderating the severity of law,
when mercy and equity require it; he appoints the chief
officers of the kingdom, and no jurisdiction great or little
belongs to anyone except the king. 3
We have set out these statements of political writers,
mostly of the earlier part of the century, because, as it seems
to us, it is only when we have made clear to ourselves what
was the normal judgment of the time that we can properly
understand and appreciate the significance of the often
highly controversial literature of the lator part of the century.
We have already cited George Buchanan's emphatic state-
ment that the legislative authority belonged to the whole
people of a commonwealth, but that as in Scotland this
1 Id.
! Picot, op. cil. , vol. iii. p. 258.
1 'Recueil. ' vol. 15, No. 105 (p. 118):
"Je ne vous ai point appele? s, commo
fnisoient mos predecesseurs, pour vous
faire approuver lours volontea. Je
vous ai assemble? s pour recevoir vos
conseils, pour les croire, pour les
suivre, bref pour me mettre en tutelle
entre ves mains; envie qui ne proud
guere aux rois, aux barbes grises et
aux victorieux; mais le violent amour
que je porte a mes sujets, et l'extreme
envie que jai d'sjouter oes deux beaux
titres a celui de roi, me font trouver
tout aise et honorable. "
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? 480
[PABT IV.
THE LATER SIXTEENTH CENTURY.
or even the notables, but published it with the advice of the
Princes of the Blood, other princes and officers of the crown,
and other great and notable persons of his Council of State;
but he was careful to say that he did this after he had examined
the " Cahiers des plaintes " of his Catholic subjects, and after he
had permitted his subjects of the Eeformed religion to assemble
and prepare their statements; and that it was only when
these had been carefully considered that the Edict was issued. 1
We must turn to the financial authority of the Estates
Provincial and General in the sixteenth century. We must
bear in mind that the position of the Provincial Estates was
of great importance, and that even though the States General
only met occasionally, it must not be assumed that it was
admitted that the French crown had the right to impose
taxation at its own discretion. We give a few examples of the
recognition of the place of the Provincial Estates in this matter.
On the occasion of the marriage of Louis XII. to Anne the
Duchess of Brittany in 1499, it was specially provided in
the Letters Patent confurning the liberties of the Duchy,
that when subsidies were to be levied, the Estates were to be
called together in the accustomed manner,2 and we find that
in 1501 the Eoyal Commissioners, who were sent to hold a
1 'Recueil,' vol. 15, No. 124 (p. 171): causes, ayant avec l'avis des princes de
"Pour coste occasion ayont recogneu nostra sang, autres princes et officiera
cette affaire de tre`s grande importance de la couronne, et autres grands et
et digne de tre`s bonne conside? ration, notables personnages de nostre conseil
apre`s avoir repris les cahiors des plaintes d'estat pre`s de nous, bien et diligem-
de nos subjects catholiques, ayant ment poise? et conside? re? tout ceste
aussi permis a` nosdits subjects de la affaire, avons par cest e? dict perpetuel
religion pre? tendue reforme? e, de s'assem- et irre? vocable dit, declare? et ordonne? ,
bier par de? putations pour dresser les disons, de? clarcons et ordonnons ete. "
leurs et mettre ensemble toutes lesdites ''Ordonnances,' vol. 21, 1499
remontrances, et sur ce fait confe? re? (p. 150) (4): "Item que en tant que
avec eux par diverses fois et reveu les touche e? s impositions de fouaiges et
arre^ts pre? ce? dents; nous avons juge? autres subsides livrez on cueillis audit
necessaire de donner maintenant sur pays de Bretaigne, los gens dos estat>>
le tout a` tous nosdits subjects une loi dudit pays soyent convoquez et appeliez
ge? ne? rale, claire, nette et absolue, par en la form accoustume? e. "
laquelle ils soient regle? s sur tous les Cf. 'Ordonnance of 1498' (vol. 21
differends qui sont oy-devant sur ro sur- p. 76) on the question of raising the
rvenus entre eux, et y pourront encores price of sait in Burgundy,
survenir cy-apre`s. . . . Pour ces
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? CHAP. IV. ] REPRESENTATIVE INSTITUTIONS IN PRACTICE. 481
meeting of the Estates of Brittany, were instructed to report
to them the great expenses of the war in Italy, and to ask
them to grant special taxation to meet these. 1 In 1551
Henry II. forbade the "Parlement " of Grenoble to interfere
in the leyy of taxes which the Estates of Dauphine imposed
at their annual meeting. 2 In 1571 it would appear that
Charles IX. asked the Estates of Brittany to grant a subsidy
of 300,000 livres, but they would only give 120,000. 3 In
1578 the Estates of Normandy demanded the reduction of
taxation to the level of the time of Louis XII. , and granted
the taille for one year only. *
When we turn to the national authority we find that there
are some important references, even in the first part of the
sixteenth century. Louis XII. in 1508 speaks of the grants
of money in the form of aids, tailles, and gabelles, as having
been imposed by his ancestors after great deliberations with
the princes, prelates, nobles, burgesses, and other inhabitants
of the country, to resist the invasions of its enemies. 5 It is
true that the words do not refer directly to the States General,
but they seem to imply the national consent to taxation.
Francis I. , in giving his mother charge of the kingdom in
1515 and 1523 during his absence at the wars in Italy,
specifically mentions that he has given her authority to call
together the Estates of the kingdom, or of particular provinces,
to report to them the condition of his affairs, and to ask
them for aids. * In 1549 Henry II. issued an Ordinance
raising the wages of the "Gendarmerie," and substituting
this for the contributions in kind which the inhabitants of
the places where they wore quartered had been obliged to
make to them; but he adds that he had first caused the matter
to be laid before the people of the various provinces, and had
received their approval. 7 In 1555 Henry repeated the Ordi-
nance, and again added that he had imposed the necessary
taxation with the consent of his subjects. 8
1 'Recueil,' vol. 61, No. 48 (p. 432). 4 'Ordonnances," vol. 21 (p. 385).
1 Id. , vol. 13, No. 204. * 'Rooueil,' vol. 12 (p. 42).
* Picot, 'Histoire des iStats Genor- ''Reoueil,' vol. 13, No. 102.
aux,' vol. iii. p. 3, note 1. 8 Id. , vol. 13, No. 285.
4 Id. id. , vol. ii. p. 389.
VOL. VI. 2 H
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? 482
THE LATER SIXTEENTH CENTURY. [PABT IV.
We have already dealt with the important constitutional
conceptions of the history and nature of the States General
which the Chancellor, Michel L'Hdpital, set out in the speech
with which he opened the States General at Orleans in Decem-
ber 1560. 1 For our present purpose it is important to con-
sider the speech he made to them on 31st January 1561.
He first put before them the lamentable financial position
of the king, whose debts now amounted to 43 million livres.
He proposed that the clergy should undertake to redeem the
royal domain and the aids and "gabelles" which had been
alienated, and he proposed to the Third Estate that the
"gabelle " in salt, the " tailles," and the tax on wine should
be greatly increased; but he also assured them the king
asked this only for a period of six years, after which all
the taxes should be restored to the level at which they stood
in the time of Louis XII. It is important also to observe that
L'Hdpital added, that as the members of the Estates said
that they had not received authority to make any grant,
they should return to their provinces, and consult them,
and return in May. 2
When the States General met at Blois in 3 576, several of the
deputies of the Third Estate represented that the crown was
1 Cf. p. 473.
1 M. L'Hdpital, ' OEuvres Completes,'
vol. ii. (p. 161). The king had reduced
his expenditure, but there was a heavy
debt, of 43 million livres, and he therefore
begged the estates "a` subvenir a` son
prince et lui ayder a` son urgent neces-
site? " (p. 164). The king begged the
clergy "de rachepter son domaine,
ses aydes et gabelles aliesnez, et s'ils
ne le pouvoit faire pre? sentement, qu'ils
10 fist, dans six anne? es prochaines. . . .
Tontes fois avait e? te? ad vise? ung ex-
pedient, qu'aux lieux et endroits ou
le roy prenait son droit de gabelles, on
le? veroit sur chascung muyd de sel
quinze livres tournois et aux lieux ou`
11 n'y a gabelles, on prendrast ung quart
au autres redevances. . . .
(p. 165) Et au regard du tiers-
estat, quilz consentissent a` l'augmenta-
tion dos tailles; et ou` l'on ne perc? oit
que les droicts do huitiesme ou dou-
zieme du vin, que lo roy en prendroit
le quart ou autre raisonnable impost
. . . et que le roy ne demandoist
lesdits imposts, aydes et subventions,
que pour six ans au plus, et si plutost
il se trouvoit acquitte? de ses debtes,
il remettroit le tout a` son ancienne
forme, et en tel estat qu'il estait du
re? gne de Louis XII. . . .
(p. 166) Et parce que lesdits estat s
avirent remonstre? , qu'ils n'avoient
charges de ceulx qui les a voient com-
miz d'aucune chose accorder, diet
qu'ilz se retirassent en leurs pays, et
assemblassent par gouvernemens, que
dedans le premier jour de Mai ilz
comparussent a` Melun. "
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? CHAP. IV. ] REPRESENTATIVE INSTITUTIONS IN PRACTICE. 483
levying money by various new impositions, contrary to the
ancient constitution, and it was agreed to request the king to
cause inquiries to be made about this in each province. 1
The nobles joined in this request,2 and again, when the Third
Estate was asked to grant an aid of two million "livres," it
replied that they had received no power from their con-
stituencies to make such a grant. 3
At the Estates of Blois in 1588, one of the Burgundian
deputies complained that they had been compelled to pay
extraordinary impositions "contre la liberie? et le privilege
du pays," 4 and the Third Estate joined in the demand that
the taille should be reduced to the level of 1576. 5
As we have already pointed out, no States General met
during the reign of Henry IV. , but it must be noticed that
it was with the advice and consent of the Assembly of Notables
which he called together in 1596 that the new tax of the
"pancarte" was imposed in 1597; and it was provided
that while one-half of the proceeds of the tax was to be under
the direct control of the king, the other half was to be ad-
ministered by a commission appointed by the notables.
This arrangement did not, however, continue long. After a
few months the commission transferred their part to the
king, and in 1602 Henry IV. abolished the tax, on the ground
that it had been found peculiarly onerous, and substituted
other forms of taxation for it. 8
It would thus appear that in the sixteenth century, as
before, apart from the ordinary revenues of the crown, which
now included the taille at a more or less definite amount, it
was generally held that it was proper, if not absolutely neces
sary, that the crown should obtain the consent of the com-
1 'Reoueil des Pie? ces concernement la
Temi des Ktats Generaux, 1560-1614,'
vol. iii. p. 233: "Que pendant l'assem-
ble? s de ces presents Etats, on fait lever
par les provinces plusieurs deniers sut
I edit Tiers-15 tat, tant par formes
d'emprunts, nouvelles impositions, que
autres nouvellette? s, et erections de
nouveaux fitats et Officiers, contre
l'Estat ancien, ot a la foulle du
Pouple. "
1 Id. id. , p. 236.
>> Id. id. , p. 260.
* Id. id. , vol. iv. , 'Proces-Verbal,'
p. 231.
* Id. id. id. , 'Pieces Justiticatives,'
p. 131.
* 'Keoueil,' vol. 15, No. 110 and
No. 162.
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? 484
[part IV.
THE LATER SIXTEENTH CENTURY.
munity, either formally or informally, through the Provincial
Estates, the States General, or some less formal assembly,
before it could impose taxation. It is no doubt probably
true that in the sixteenth century, as in the fourteenth and
fifteenth centuries, the crown from time to time raised money
without any constitutional formality, but it seems clear that
this was irregular.
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? 485
CHAPTER V.
THE THEORY OF REPRESENTATIVE INSTITUTIONS IN
THE POLITICAL LITERATURE OP THE SIXTEENTH
CENTURY.
We have so far considered the importance of the representa-
tive institutions as we find them illustrated in the actual
proceedings of the Cortes and the Estates, Provincial and
General, of Spain and France, but we must now take account
of the discussion of the subject in the political treatises and
pamphlets of the sixteenth century. We have said enough to
show that these representative institutions continued in the
sixteenth century to have some real importance in the struc-
ture of political society.
This, however, is not a sufficient account of the significance
of the conception of the organised representation of the
community. We think that it is clear that the importance of
this was almost universally recognised in theory, and was
accepted even by those who insisted most strongly upon the
authority of the monarchy.
We may begin by reminding ourselves of the terms in which
Commines, in the last years of the fifteenth century (or the
first years of the sixteenth century), refers to the States
General. Commines' own opinion was that the royal power
was greatly increased when the king acted with the advice or
counsel of his subjects, that is of the Estates; he speaks with
disdainful contempt of those who opposed their meetings as
tending to diminish the royal authority; and he is equally
dogmatic in maintaining that the king had no authority to
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? 486
[PABT IV.
THE LATER SIXTEENTH CENTURY.
impose taxation on his subjects without their consent. 1 It
is quite clear that to Commines the meetings of the Estates
were a normal, useful, and even, for financial purposes, a
necessary part of any intelligent system of government; and
this is the more important because he was a great servant and
officer of the French crown.
It is, again, true that while de Seyssel's principle of the
limitation of the authority of the French monarchy rested
primarily upon a legal foundation, and that he was little
interested in representative institutions, he was clear in
maintaining that when there were great matters to consider,
such as war or legislation, the king should call together, not
his Ordinary Council, but a great council of princes, prelates,
nobles, jurists, and (though he seems to admit it grudgingly)
some citizens of the great towns. 2 De Seyssel had been, like
Commines, for many years in the service of the French crown.
Again, as we have seen in the last chapter, Michel L'Hdpital
as Chancellor of France, at the opening of the States General of
Blois in 1559, spoke of the ancient Kings of France as having
held meetings of the Estates frequently, and said that they
had consulted them on matters of grave importance for the
country. He says indeed that the king was not bound to
take counsel with his people, but it was good and useful that
lie should do so. 3 It is clear that in L'Hdpital's opinion the
States General, as representing the French people, were a
normal and valuable part of the political organisation of the
country.
It is also very important to observe that even Bodin, with
all his insistence upon the "Maiestas" (sovereignty) of the
King of France, maintains the great importance of the meet-
ings of the representative assemblies, and indeed states this
as a general principle which applied not only to France, but
to the other important countries of Western Europe. He
urges the great advantages of such assemblies for dealing with
the evils which might arise in the commonwealth, for making
laws, or for raising money. He praises the Spanish and
1 Cf. pp. 214 and 201. >> Cf. p. 473.
? Cf. p. 223.
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? CHAP V. ] THEORY OF REPRESENTATIVE INSTITUTIONS. 487
English rule that their "Curiae" or "Parlamenta" met
every three years, and while he admits that the King of
Prance did not call together the "Comitia" (the States
General) so frequently, he points out that six of the French
provinces had their particular assemblies. He mentions with
approval Commines' vigorous criticism of those who had
opposed the meeting of the States General, on the accession of
Charles VIII. (Tours, 1484); and finally he describes with
admiration the system of representative assemblies, local and
general, which were highly developed in Switzerland and
Germany. 1
1 Bodin, 'De Ropublica,' III. 7
(p. 346): "" Regia tamen potestas
optimis legibus ac institutis modorata,
nihil corporibus et collegiis firmius
aut stabilius habere potest. Nam si
opibus, ei pecuniis, exercitu, regi opus
est, id omnium optimo a collegiis et
corporibus fieri solet. Quinetiam i 11 i
ipsi qui conventus, quae Hispani
curiae, Angli parlamenta vocant aboleri
cupiunt, urgentibus periculis ad con-
ventus, velut ad sacram anchoram
confugiunt. ut soipsos Rempublicam
ab hostibus tueantur. TJbi enim
melius de curandis Reipublicae morbis,
de sanandis populis, do iubendis legibus,
de statu conformando, quam apud
principom in Senatu, coram populo
agi potest? . . . Quamobrem sapi-
enter ab Anglis et Hispanis institutum
est, si quidem illud teneremus, populi
conventus tertio quoque anno haberi,
et ut princeps libentius id faceret,
nullum imperari tributum poterat, nisi
populi conventus baberentur: id
quod etiamnum factum memini, quum
ab Andium Duce Francisco in Angliam
iussus legationis causa traijeci. Nostri
reges non ita saepe ut Angli comitia
oogunt, sed cum sexdecim provinciae
in hoc imperio numerentur, sex habent
sua quaedam singularia comitia, quae
ut omnino tollerentur modis omnibus
tentatum est ab iis qui sua scelera et
peeulatus pervulgari metuunt. Ut
etiam Carolo VIII Rege Imperium
ineunte, cum universee provinciae
conventus haberi opertere una voce
conclamarentur, non defuerunt qui
maiestatis crimen ingcrerent iis, qui
in eenatu cum populo idem sentirent;
qui bus acerrimo restitit Philippus
Comminius rerum gerendarum us a
clarissimus senator. Sed quam sint
necossaria totius populi concilia, ex eo
perspicitur, quod quibus populis sua
concilia cogere licet, oum iis optime
agi tor: coeteri populi tributis ao
servitute urgentur, nam singulorum
voces minus exaudiuntur: totius vere
provinciae clarissima vox est, rogatio
efficax, quam ne princeps quidem ipse,
si velit, repudiare possit. Quanquam
innumerabiles sunt conciliorum utilt-
tates. Nam si conscribendi exercitiu,
imperanda tributa, cogenda pecunia
sit, tum ad hostes repellandos, tum ad
? ? latrocinia perditorum hominum coer-
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? 488
[PART IV.
THE LATER SIXTEENTH CENTURY.
Bodin returns to the subject in a later book of the 'De
Eepublica,' and deals specially with the principle that no
taxation could be imposed without the consent of the Estates.
He says that in an assembly held by Philip of Valois in 1338
it was declared that no taxation could be imposed without
the consent of the Estates; and that though Louis XI. im-
posed a tax (without their consent) in the last years of his
reign, this was abolished by the States General of Tours on the
accession of Charles VIII. He adds that Commines main-
tained that princes could only impose taxes with the consent
of their subjects, as was still the rule in Spain, Britain, and
Germany. 1
We have already referred to the very interesting and im-
portant statements of James Almain and John Major, in the
early years of the century, that the community is superior to
the king, and can depose him; and John Major says that in
difficult matters the Three Estates of the kingdom are to
direct him. 2 In another place we have pointed out that
Calvin, with all his emphatic condemnation of the disobedience
of private persons to the divine authority of the ruler, was
also clear that if the king should abuse his authority and
misgovern his subjects, the magistrates of the people, or
De Helvetiis notum e>>t, et libris praodiorum publicorum ao dominii
accurate praescriptum: de German is fere octingenties H. S. Tributi nomine
obscurius, habent tamen non modo extremo imperii suo anno cxigerct:
singulae civitates sua collegia, corpora, nihilominus tamen Carolo VIII. regnum
iura univcrsitatis: verum etiam decem ineunte, coacti a apud Turonee comitiis,
Imperii provinciae, circulos ipsi appel- annua ilia, quae ordinaria evaserunt,
lant, sua singulis annis comitia cogunt, tributa sublata sunt: sed oandem
quorum rogationes ac decreta ad oblationem quam Carolo VII. dono
universos totius Imperii oonventus dederant, in aerarium ac septuagiee
referuntur: quibus Imperium illud H. S. donationis nomine inferri, quam
stare videmus, et quibus sublatis mere summam semel tan tum ab universis
necesse est. " ordinibus exigi placuit: ne imposterum
1 Bodin, 'Do Republica,' VI. 2 imperaretur. Et quidem Philippus
(p. 656): "Itaque Pbilippo Valesio Comminius, qui tunc publici consilii
conventus Oallicos habente anno particeps erat, negavit principibus tri-
Kcccxuvut, populi rogatione decre- buta imperare licere: sed ea tantum
tum est, ne ullum tributi aut vectigalis capere posse quae consentiontibus
genus nisi consentientibus ordinibus subditis dono darentur: eoque iure
imperaretur. Ao tametsi Ludovicum Hispanos, Britannos, Germanos etiam-
XI. regcm gravissima diffioillimaque num uti videmus. "
bella eo impulissent, ut praetor vectigal * Cf. pp. 245 and 248.
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? CHAP V. ] THEORY OF REPRESENTATIVE INSTITUTIONS. 489
perhaps the Three Estates, should restrain him. 1 We have
also, in an earlier chapter, dealt with the conception of the
nature and source of law in St Germans (1539), and especially
his treatment of English law as being primarily founded upon
custom; and we are here only concerned to observe that
when this was not adequate, the laws which he calls
statutes could be made by the king, the lords spiritual and
temporal, and the community of the whole kingdom in
Parliament. 2
We have also referred to that important work of Sir
Thomas Smith, 'De Eepublica Anglorum,' which sharply
contrasts the prince who governs with the consent of the
people and according to the laws of the commonwealth, with
the tyrant who makes and breaks the law at his pleasure. 3
We must now consider his treatment of the nature and power
of Parliament. He defines a respublica or commonwealth as
being a multitude of free men united into one, and holding
together by mutual wills and contracts, for their protection
in peace and war. * The fundamental character of the
government of the commonwealth of England he describes
in sweeping and emphatic words. It belongs to three kinds
of men; the king or queen by whose will and authority all
things are ruled, the greater and lesser nobles, and the yeo-
manry, and each of these classes has its part in judgments,
in election of officers, in imposing taxation, and in making
laws. 5 The meaning of this far-reaching statement is ex-
plained when, in a later chapter, he goes on to describe the
Parliament and its powers. It is in the Parliament that the
whole absolute power resides, for there are present the king,
the nobles, the commons, and the clergy are represented
by the bishops. It is they who take counsel for the well-
being of the kingdom and commonwealth, and when, after
long deliberation, a Bill is read three times, discussed in
both Houses, approved, and confirmed by the assent of
the king, no question can be raised as to what has been
1 Cf. p. 266.
* Cf. pp. 234-236.
1 Cf. p. 326.
* Sir Thos. Smith, 'Do Republics
Anglorum,' I. 10 (ed. 1583).
? Id. , I. 24.
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? 490 THE LATER SIXTEENTH CENTURY. [PABT IV.
decided, for it has the force of law. 1 There was indeed little
or nothing that was new in this, but it is interesting to compare
the statement of the "absolute" authority which resides in
Parliament with the conception of Bodin.
Sir Thomas Smith goes on to enumerate the powers of
Parliament, and in a later chapter, those of the king. Parlia-
ment among other things makes laws, declares the rights and
properties of private persons, establishes the forms of religion,
determines the succession to the kingdom, imposes taxation. 2
The king, on the other hand, has the right of making war
and peace, of appointing the Council, he has absolute power,
not restricted by any laws, in time of war; he has control over
the currency, the right of moderating the severity of law,
when mercy and equity require it; he appoints the chief
officers of the kingdom, and no jurisdiction great or little
belongs to anyone except the king. 3
We have set out these statements of political writers,
mostly of the earlier part of the century, because, as it seems
to us, it is only when we have made clear to ourselves what
was the normal judgment of the time that we can properly
understand and appreciate the significance of the often
highly controversial literature of the lator part of the century.
We have already cited George Buchanan's emphatic state-
ment that the legislative authority belonged to the whole
people of a commonwealth, but that as in Scotland this
1 Id.
