But Budaeus, an extraordinary Learned Man, calls these Peers by the Name of Patritians; and is of Opinion that they were instituted by one of our Kings, who was at the same Time Emperor of Germany; because, Justinian says, those Patres were chosen by the Emperor, quasi Reipub. patronos tutoresque, as it were Patrons and Tutors of the Commonwealth.  I do not reject this Opinion of that Learned Person; such a Thing being very agreeable to the Dignity of these Peers.  For in the Times 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.