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GALLIA How it seems to be (what Fugurtha said of old of the Roman Senate ) no longer an Assembly of Counsellors, but of Kings, and Governors of Provina ces. Since whoever has the fortune to be a Member of it, how meanly born foever, in a few years time acquires immense and almost Regal Riches : For this reason many other Cities ftrove with Might and Main to have the like Privilege of Furidical Assemblies : So that now there are several of these famous Parliaments, to wit, those of Paris, Tholouse, Rouen, Grenoble, 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 yuridical 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 mannerof Speech used by our Countrymen, “figni

fies a, Debate, or discoursing together of ma“ny Persons, who come from several Parts, " and assemble 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 Ambailadors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the Al

sembly

hed, unler Edicts homes Firt,

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 Assembly, being of great Authority, the Kings of the Capevin gian Race having a mind to diminish that Au

thority by little and little, substituted in its · place à certain number of Senators, and transferred the August Title 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 CounlèHors: had been the Advisers 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 be

ing inaugurated, and taking the Oaths in that Alsembly : Then that there should be no liberty of Appeal from their Judgment, but that all their Decrees shou'd ftand firm, and inviolable : In fine; whatever Power or Authority had anciently been lodged in the General Council of the Nacion, 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 subfervient to their Ends.

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

Franco

Francogallican Kings took the fame 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 Passage, ----". This Lewis ordained, That the Court of Parliament shou'd remain fixed. " and immoveable in the City of Paris, that suitors " and Clients might not be put to the trouble of fre" quent Removals. Now what some affirm, that Pipin or Charlemagn were the Authors of this Institution, is very absurd, as we shall plainly make appear. For most of the Laws and Conftitutions 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 afsemble the People; which according to his usual Custom 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 Year, unless by chance fome Perfon is either accused, or seizes another Man's Pro. perty, 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 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

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 commonly called, whose Life Johannes Fonvillæus (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, fince 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 infpect and manage the Appeals which were made to him. Afterwards be sent for us, and enquired s into the State of the Cale; and whether it were

of such a Nature as could not be ended without his own Intervention. Oftentimes it bapned, that after we had made our Report, be sent for the con

ling Parties, and heard the Cause impartially argued over again. Sometimes for his Diversión

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 Business, he wou'd cause him to be called, and hear him patiently. He wou'd often himself proclaim aloud, That if any one had Business, or a Controversy with an Adver

sary, he might come near and set forth the Merits ~ of his Cause; then if any Petitioner came, be

wou'd bear him attentively; and having through

ly considered the Case, wou'd pafs Fudgment acso cording to Right and Fustice. At other times he FC appointed Peter Fountain and Godfrey Villet po to plead the Causes of the contending Parties. 'I

cs after we parties, and sometimes de Vince Foot of

bave 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 à Carpet to be spread before bim 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 be presently did " Fustice without Delay. Thus far Poinvillæus-By which we may guefs 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 Perfons both Nobility, and people, “ by these our Patents, That we wil fit one Day in " every Week to bear Causes in Perfon., w . We have the like Testimony in William Bum daus, a very Famous Man, and a Principal 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 perufal of which his Quality did entitle him to) ? That in the Reign of the fame King Lewis, 5. [Anno 1230.] several Controversies arose between the King and the Earl of Britany; And that by 6C consent ( as 't is probable) of both Parties, a Camp

Court of Judicature was summoned to meet at

Enceniacum, wherein fate as Judges, not Law“yers, Civilians and Doctors, but Bishops, Earls, and Barons. And there the Earl of Bricany 21'as “ .caft, and it was order'd that the Inhabitants of his "County should be absolved and freed from the Qath of Allegiance and Fidelity, which they had taken to him. Again, in the fame King's Reign,

[Anno

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