Franco-Gallia Part 10

Insomuch, that the General a.s.sembly of Lawyers in that City (which is called the _Robed Parliament_) is grown to so great a Heighth of Wealth and Dignity, that now it seems to be (what _Jugurtha_ said of old of the _Roman Senate_) no longer an _a.s.sembly_ of _Counsellors_, but of _Kings_, and _Governors_ of _Provinces_. Since whoever has the Fortune to be a Member of it, how meanly born soever, in a few Years Time acquires immense and almost Regal Riches: For this Reason many other Cities strove with Might and Main to have the like Privilege of _Juridical_ a.s.semblies: So that now there are several of these famous Parliaments, to wit, those of _Paris, Tholouse, Rouen, Gren.o.ble, Bourdeaux, Aix_, and _Dijon_: All which are _fix'd_ and _sedentary_; besides an Eighth, which is ambulatory and moveable, and is called the _Grand Council_.

Within the Limits of these great _Juridical Kingdoms_ there are others lesser, which we may call _Provincial Governments_, who do all they can to imitate the Grandeur and Magnificence of their Superiors; and these are called _Presidial Courts_: And so strong is the Force and Contagion of this Disease, that a very great Part of the _French_ Nation spends its Time and Pains in Strife and Law-Suits, in promoting Contentions and Processes; just as of old, a great Number of the _Egyptians_ were employ'd by their Tyrants in Building _Pyramids_, and other such useless Structures.

Now the Word _Parliament_ in the old Manner of Speech used by our Countrymen, "signifies a Debate, or discoursing together of many Persons, who come from several Parts, and a.s.semble in a certain Place, that they may communicate to one another Matters relating to the Publick." Thus in our ancient Chronicles, whenever Princes or their Amba.s.sadors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the a.s.sembly so appointed was always called a _Parliament_; and for the same Reason the _Publick Council_ of the _Estates_ was, in our old Language, called a _Parliament_. Which a.s.sembly, being of great Authority, the Kings of the _Capevingian_ Race having a Mind to diminish that Authority by little and little, subst.i.tuted in its Place a certain Number of _Senators_, and transferred the August t.i.tle of a _Parliament_ to those _Senators:_ And gave them these Privileges: First, That none of the King's Edicts shou'd be of Force, and ratified, unless those Counsellors had been the _Advisors_ and _Approvers_ of them. Next, That no Magistracy or Employment in all _France_, whether Civil or Military, shou'd be conferr'd on any Person, without his being _inaugurated_, and taking the _Oaths_ in that _a.s.sembly_. Then that there should be _no Liberty of Appeal_ from their judgment, but that all their Decrees should stand firm, and inviolable. In fine, whatever Power and Authority had anciently been lodged in the _General Council_ of the Nation, during so many Years together, was at Length usurped by that _Counterfeit Council_, which the Kings took care to fill with such Persons as would be most subservient to their Ends.

Wherefore it will be worth our while, to enquire from what Beginnings it grew up to so great a Heighth and Power; First, a very magnificent Palace was built at _Paris_, by Order (as some say) of King _Lewis Hutin_, which in our Ancient Language signifies _mutinous_ or _turbulent_. Others say, by _Philip the fair_, about the Year 1314.

thro' the Industry and Care of _Enguerrant de Marigny_ Count of _Longueville_, who was hanged some Years after on a Gallows at _Paris_, for embezzling the Publick Money, Whoever 'twas that built it, we may affirm, that our _Francogallican_ Kings took the same Pains in building up this _litigious Trade_, that the _Egyptian_ Monarchs are said to have done in employing their Subjects to build the _Pyramids_; among whom _Chemnis_ is recorded to have gathered together 360000 Men to raise one Pyramid. _Gaguinus_, in his History of King _Hutin's_ Life, has this Pa.s.sage,--"_This_ Lewis _ordained, That the Court of Parliament should remain fixed and immoveable in the City of_ Paris, that Suitors and Clients might not be put to the Trouble of frequent Removals." Now what some affirm, that _Pipin_ or _Charlemagn_ were the Authors of this Inst.i.tution, is very absurd, as we shall plainly make appear. For most of the Laws and Const.i.tutions of _Charlemagn_ are extant; in all which there is not the least Mention made of the Word _Parliament_, nor of that great _fixed Senate_; he only ordains, That in certain known Places his Judges should keep a _Court_, and a.s.semble the People; which according to his usual Custom he calls a _Placitum_, or a _Mallum_, as [_lib. 4. cap. 35._ Legis _Franciae_] 'tis written, "_He shall cause no more than three general_ Placita _to be kept in one Year, unless by chance some Person is either accused, or seizes another Man's Property, or is summoned to be a Witness--._" There are many other Laws extant of that King's of the like Nature, by which we may observe the Paucity of Law-suits in his Days: And I am clearly of Opinion, that what I find several of our modern Authors have affirm'd is most true, _viz._ that the first Rise and Seeds of so many Law-suits, Calumnies and Contentions in this Kingdom, proceeded from Pope _Clement_ the Fifth, who during the Reign of _Philip the Fair_, transferred the Seat of his Papacy to _Avignon_, at which Time his Courtiers and Petty-Foggers, engaging into Acquaintance with our Countrymen, Introduced the _Roman_ Arts of Wrangling into our Manners and Practice. But not to speak of such remote Times. About the Year of our Lord 1230. reigned St. _Lewis_, as he is plainly called, whose Life _Johannes Joinvillaeus_ (whom we have often mentioned) has written at large. Out of his Commentary we may easily learn, how few Contentions and Law-Suits were in those Days, since King _Lewis_ either determined the Controversies himself in Person, or referred them to be determined by some of his Followers and Companions: And therefore [_cap._ 94.] he thus writes,--"_He was wont_ (says he) _to command Lord_ Nellius, _Lord_ Soissons, _or my self, to inspect and manage the Appeals which were made to him. Afterwards he sent for us, and enquired into the State of the Case; and whether it were of such a Nature as could not be ended without his own Intervention. Oftentimes it hapned, that after we had made our Report, he sent for the contending Parties, and heard the Cause impartially argued over again. Sometimes for his Diversion he would go to the Park of_ Bois de Vincennes, _and sitting down upon a green Sodd at the Foot of an Oak Tree, would command us to sit by him; and there if any one had Business, he wou'd cause him to be called, and bear him patiently. He wou'd often himself proclaim aloud, That if any one had Business, or a Controversy with an Adversary, he might come near and set forth the Merits of his Cause; then if any Pet.i.tioner came, he wou'd hear him attentively; and having throughly considered the Case, wou'd pa.s.s judgment according to Right and Justice.

At other Times he appointed_ Peter Fountain _and_ G.o.dfrey Villet _to plead the Causes of the contending Parties. I have often_ (says he) _seen that good King go out of Paris into one of his Gardens or Villa's without the Walls, dressed very plainly, and there order a Carpet to be spread before him on a Table; and having caused Silence to be proclaimed, those which were at Variance with each other, were introduced to plead their Causes; and then he presently did Justice without Delay._" Thus far _Joinvillaeus_--By which we may guess at the small Number of Law Suits and Complainants in those Days, and how careful our Kings were of preventing the Mischiefs that might arise from such as fomented Controversies. In the _Capitular_ of _Charles the Great_ this Law is extant.--"_Be it known unto all Persons both n.o.bility and People, by these our Patents, That we will sit one Day in every Week to hear Causes in Person._"

We have the like Testimony in _William Budaeus_, a very famous Man, and a Princ.i.p.al Ornament of our Kingdom of _France_. For in his Annotations on the _Pandects_ (where he treats of this very Argument, and inveighs against this _Kingdom of Brawlers and Petty-Foggers_) he tells us, that he finds in the Regal Commentaries of Venerable Antiquity, (the free Perusal of which his Quality did int.i.tle him to) "_That in the Reign of the same King_ Lewis, [Anno 1230.] _several Controversies arose between the King and the Earl of_ Britany; _And that by Consent (as 'tis probable) of both Parties, a Camp-Court of Judicature was summoned to meet at_ Erceniac.u.m, _wherein sate as Judges, not Lawyers, Civilians and Doctors, but Bishops, Earls, and Barons. And there the Earl of_ Britany _was cast, and it was order'd that the Inhabitants of his County should be absolved and freed from the Oath of Allegiance and fidelity, which they had taken to him_. Again, in the same King's Reign, [Anno 1259.] _a Dispute having arisen about the County of_ Clairmont _between the King and the Earls of_ Poitou _and_ Anjou, _a Court of Judicature, composed of the like Persons was appointed, wherein sat the Bishops and Abbots, the General of the_ Dominicans, _the Constable, the Barons, and several_ Laicks. To this he subjoyns: _Yet there were two Parliaments called each Year, at_ Christmas _and at_ Candlemas, _like as there are two_ Scacaria _summoned in_ Normandy _at_ Easter _and at_ Michaelmas." Thus far _Budaeus_; to whom agrees what we find in an ancient Book concerning the _Inst.i.tution of Parliaments_, wherein this Article is quoted out of the _Const.i.tution of Philip_ the 4th, Sirnamed the _Fair_ [ex Anno 1302.]--"_Moreover, for the Conveniency of our Subjects, and the expeditious determining of Causes, we propose to have it enacted, that two Parliaments shall be held every Year at_ Paris, _and two_ Scacaria _at_ Rouen: _That the_ Dies Trecenses _shall be held twice a Year: and that a Parliament shall be held at_ Tholouse, _as it used to be held in past Times, if the People of the Land consent to it: Also, because many Causes of great Importance are debated in our Parliament, between great and notable Personages; We ordain and appoint, that two Prelates, and two other sufficient Persons, being Laymen of our Council; or at least one Prelate and one Laick, shall be continually present in our Parliaments, to hear and deliberate concerning the above-mentioned Causes."_--From which Words we may learn, First, how _seldom_ the Courts of Judicature heard Causes in those Days. Next, how few judges sat in those _Parliaments_. For as to the other Provinces and Governments of the Kingdom, we have (in the same Book) the _Const.i.tution of Philip the Fair_, in these Words, [Anno 1302.]--"_Moreover, We ordain that our Seneschals and Bayliffs shall hold their a.s.sizes in Circuit throughout their Counties and Bayliwicks once every two Months at least."_

Furthermore, _Budaeus_ in the same Place, [Anno 1293.] writes, that _Philip_ the _Fair_ appointed, that three Sorts of People shou'd sit in Parliament, viz. _Prelates, Barons_, and _Clerks mixed with Laymen:_ "Since the Laicks (says he) are chosen promiscuously out of the Knights, and out of other Sorts of People. Also, that the Prelates and Barons shou'd select fit Persons out of that third Estate, to exercise every Sort of Judicature; and at the same Time shou'd chuse three Judges, who shou'd be sent abroad into those Countries where the written Laws of the Land had their Course, that they might there judge and determine according to Law. And if any Question of great Importance were to be argued, they should take to their a.s.sistance the most Learned Men they could get.--" In which Place, _Budaeus_ lamenting the Evil Customs of our Times; that is, this _Kingdom of Lawyers_ now in Vogue, breaks out with _Juvenal_ into this Exclamation: "_Quondam hoc indigenae vivebant more!

So_ (says he) _may I exclaim, that in Old Times, when this Kingdom flourished, (as many appear by our Money coined of pure fine Gold) there was a plain and easy Way of doing Justice; there were few Law-suits, and those not of long Continuance, or indeed Eternal, as now they are; for then this Rabble-Rout of pretended Interpreters of the Law had not invaded the Publick: neither was the Science of the Law stretched out to such an unlimited Extent; but Truth and Equity, and a prudent Judge, endued with Integrity and Innocence, was of more worth than Six hundred Volumes of Law-Books. But now to what a sad Condition Things are brought, every one sees, but no Body dares speak out. [Sed omnes dicere mussant.]"_ Thus far honest _Budaeus_; a most inveterate Adversary of this Art of Chicanery, upon all Occasions.

To return to our Purpose, of giving an Account upon what Foundations and Beginnings this _Reign of Litigiousness_ was first raised. As _Cicero_ writes, that the Old High-Priests (by Reason of the Mult.i.tude of Sacrifices) inst.i.tuted three a.s.sistants called _Viri Epulones_, altho'

they themselves were appointed by _Numa_ to offer Sacrifice at the _Ludi Epulares_: In like Manner, out of a very _Small Number_ of Parliamentary Judges, (when Law-Suits and Litigiousness increased) swarm'd this incredible Mult.i.tude of _Judges_, and _Sp.a.w.n_ of _Counsellors_. And, in the first Place, a great, sumptuous and magnificent Palace was built (as we told you before) either by the Command of _Lewis Hutin_, or of _Philip the Fair:_ then (from a moderate Number of judges) three Courts of Ten each, were elected a [_tres decurie_] _viz._ Of the _great Chamber_ of _Accounts_, of _Inquests_, and of _Requests_. Which Part.i.tion _Budaeus_ speaks of in the above quoted Place, but more at large _Gaguinus_ in his Life of King _Lewis Hutin_.

I must not omit one remarkable Thing that ought for ever to be remembred, which both these Authors have transmitted to Posterity: _viz._ That this Meeting of the Court of Judicature was not _perpetual_ and _fixed_, as 'tis now, but _summonable_ by the _King's Writs_, which every Year were renewed by Proclamation about the Beginning of _November:_ "_And that we may be certain_ (says _Gaguinus) that the King was the Original and Author of this solemn Convention; the Royal Writs are issued every Year, whereby the Parliament is authorized to meet on the Feast-day of_ St. Martin, _that is, on the 10th of_ November."

Now of the wonderful and speedy Increase of this _Judicial Kingdom_, we have this Instance; That about a hundred Years after its Beginning, that is, in the Year 1455, in the Reign of _Charles_ the 7th, we find this Order made by him--_From the Feast of_ Easter, _till the End of the Parliament, the Presidents and Counsellors ought to meet in their respective Chambers at Six a Clock every Morning: from the Feast of St._ Martin _forwards, they may meet later.--_And a little after it says, _We judge it very necessary, that the Presidents and Counsellors of the Court shou'd come to Parliament after Dinner, for the Dispatch of Causes, and of Judgments._ This was _Charles_ the 7th's Order: But in _Charles_ the Great's Reign, who ruled a Kingdom three Times as big, we find a very different Manner of rendring Justice; as we may easily understand by that Law of his, mention'd lib. 4. cap. 74. _Legis Franciae_; "_Let a_ Comes, _a Judge_ (says he) _not hold a_ Placitum, _(that is, not pa.s.s a Decree) but before Dinner, or Fasting._"

Concerning the Word _Parliament_, and the Authority of that Name, we have this Argument; That when of old a Senate was inst.i.tuted in _Dauphine_ with supreme Authority, which was commonly called the _Council of Dauphine_; _Lewis_ the 11th endeavouring to oblige the _Dauphinois_, who had well deserved from him, changed the Name of this _Council_ into that of a _Parliament_, without adding any Thing to the Privileges or Authority of it. Of which _Guidopappius_ is our Witness.

[Quest. 43. and again quest. 554.]

FINIS.