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CHA P. XX.

Of the Juridical Parliaments in France.

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Nder the Capevingian Family there sprung up in Francogallia a kind of Judicial Reign, [Regnum Judiciale] of which (by reafon of the incredible Induftry of the Builders up and Promoters of it, and their unconceivable Subtilty in all fubfequent Ages,) we think it neceffary to fay fomething. A fort of Men now rule every-where in France, which are called Lawyers by fome, and Pleaders or. Pettyfoggers by others: Thefe Men, about 300 years ago, managed their Business with fo great Craft and Diligence, that they not only fubjected to their Domination the Authority of the General Council, (which we spoke of before) but alfo all the Princes and Nobles, and even the Regal Majefty it felf: So that in whatever Towns the Seats of this fame Judicial Kingdom have been fix'd, very near the third part of the Citizens and Inhabitants have applied themselves to the Study and Difcipline of this wrangling Trade, induced thereunto by the vaft Profits and Rewards which attend it. Which every

one may take notice of, even in the City of Paris, the Capital of the Kingdom: For who can be three Days in that City without obferving, that the third part of the Citizens are taken up with the Practice of that litigious and Pettyfogging Trade? Infomuch, that the General Affembly of Lawyers in that City (which is called the Robed Parliament) is grown to fo great a heighth of Wealth and Dignity, that

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now it seems to be (what Jugurtha faid of old of the Roman Senate) no longer an Affembly of Counsellors, but of Kings, and Governors of Provinces Since whoever has the fortune to be a Member of it, how meanly born foever, in a few years time acquires immenfe and almoft Regal Riches: For this reafon many other Cities ftrove with Might and Main to have the like Privilege of Juridical Affemblies: So that now there are feveral of these famous Parlia ments, to wit, thofe of Paris, Tholoufe, Rouen, Grenoble, Bourdeaux, Aix, and Dijon: All which are fix'd and fedentary; befides an Eighth, which is ambulatory and moveable, and is called the Grand Council.

Within the limits of thefe great Juridical. Kingdoms there are others leffer, which we may call Provincial Governments, who do all they can to imitate the Grandeur and Magnificence of their Superiors; and thefe are called Prefidial Courts: And fo ftrong is the Force and Contagion of this Difeafe, that a very great part of the French Nation fpends its time and pains in Strife and Law-Suits, in promoting Contentions and Proceffes, juft as of old, a great Number of the Egyptians were employ'd by their Tyrants in building Pyramids, and other fuch ufelefs Structures.

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Now the word Parliament in the old manner of Speech used by our Countrymen, "fignifies a Debate, or difcourfing together of many Perfons, who come from feveral Parts, "and affemble in a certain place, that they may communicate to one another Matters <s relating to the Publick. Thus in our ancient Chronicles, whenever Princes or their Ambailadors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the Affembly.

fembly fo appointed was always called a Par liament; and for the fame reafon the Publick Council of the Eftates was, in our old Language, called a Parliament. Which Affembly, being of great Authority, the Kings of the Capevin gian Race having a mind to diminish that Authority by little and little, fubftituted in its place a certain number of Senators, and tranfferred the Auguft Title of a Parliament to thofe Senators: And gave them thefe Privileges; First, That none of the King's Edicts fhou'd be of Force, and ratified, unless thofe Counsellors had been the Advifers and Approvers of them. Next, That no Magiftracy or Employment in all France, whether Civil or Military, fhou'dbe conferr'd on any Perfon, without his being inaugurated, and taking the Oaths in that Alfembly Then that there fhould be no liberty of Appeal from their Judgment, but that all their Decrees fhou'd ftand firm, and inviolable: In fine; whatever Power or Authority had anciently been lodged in the General Council of the Nation, during fo many years together, was at length ufurped by that Counterfeit Council, which the Kings took care to fill with fuch Perfons as would be moft fubfervient to their Ends.

Wherefore it will be worth our while, to enquire from what Beginnings it grew up to fo great a Heigth and Power: First, a very magnificent Palace was built at Paris, by Order (as fome fay) of King Lewis Hutin, which in our Ancient Language fignifies mutinous or turbulent. Others fay, by Phillip the fair, about the Year 1314, thro' the Industry and Care of Enguerrant de Marigny Count of Longueville, who was hanged fome Years after on a Gallows at Paris, for embezling the Publick Money. Whoever was that built it, we may affirm, that our

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Francogallican Kings took the fame Pains in building up this litigious Trade, that the Egyptian Monarchs are faid 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 Hiftory of King Hutin's Life, has this Paffage, "This Lewis ordained, "That the Court of Parliament fhou'd remain fixed "and immoveable in the City of Paris, that Suitors and Clients might not be put to the trouble of fre

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quent Removals. Now what fome affirm, that Pipin or Charlemagn were the Authors of this Inftitution, is very abfurd, as we shall plainly make appear. For most of the Laws and Conftitutions of Charlemagn are extant; in all which there is not the leaft mention made of the Word Parliament, nor of that great fixed Senate; he only ordains, That in certain known Places his Judges fhould keep a Court, and affemble the People; which according to his ufual Cuftom he calls a Placitum, or a Mallum, as [lib. 4. cap. 35. Legis Francia] 'tis written, He shall cause no more than three general Placita to be kept in one Tear, unless by chance fome Perfon is either accufed, or feizes another Man's Property, or is fummoned to be a Witness--. There are many other Laws extant of that King's of the like Nature, by which we may obferve the Paucity of Law-fuits in his Days: And I ám clearly of Opinion, that what I find feveral of our Modern Authors have affirm'd is most true, viz. that the firft Rife and Seeds of fo many Law-fuits, 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

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Petty-Foggers, engaging into Acquaintance with our Countrymen, introduced the Roman Arts of Wrangling into our Manners and Practice. But not to speak of fuch remote times. About the Year of our Lord 1230. reigned St. Lewis, as he is commonly called, whofe Life Johannes Jonvillæus (whom we have of ten mentioned) has written at large. Out of his Commentary we may easily learn, how few Contentions and Law-Suits were in those Days, fince King Lewis either determined the Controverfies himself in Perfon, or referred them to be determined by fome of his Followers and Companions: And therefore [cap. 94.] he thus writes, He was wont (fays he) to command Lord Nellius, Lord Soiffons, or my self, to infpect and manage the Appeals which were made to him. Afterwards be fent for us, and enquired "into the State of the Cafe; and, whether it were of fuch a Nature as could not be ended without his

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own Intervention. Oftentimes it hapned, that "after we had made our Report, be fent for the con"tending Parties, and heard the Caufe impartially argued over again. Sometimes for his Diverfion "he wou'd go to the Park of Bois de Vincennes and fitting down upon a green Sodd at the Foot of an Oak Tree, would command us to fit by him; "and there if any one had Bufinefs, he wou'd caufe "bim to be called, and hear him patiently. He "wou'd often himself proclaim aloud, That if any EC one had Bufinefs, or a Controversy with an Adverfary, he might come near and fet forth the Merits of his Caufe; then if any Petitioner came, be wou'd hear him attentively; and having throughly confidered the Cafe, wou'd pafs Judgment according to Right and Justice. At other times he appointed Peter Fountain and Godfrey Villet to plead the Causes of the contending Parties. I

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