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"bave often (fays he) feen that good King go out of Paris into one of his Gardens or Villa's without the Walls, dreffed very plainly, and there order a Carpet to be Spread before him on a Table; and having caufed Silence to be proclaimed, those which were at Variance with each other, were introduced to plead their Caufes; and then he presently did fuftice without Delay. Thus far foinvillans-By which we may guefs at the fmall Number of Law-Suits and Complainants in those Days, and how careful our Kings were of preventing the Mischiefs that might arife from fuch as fomented Controverfies. In the Capitular of Charles the Great this Law is extant, "Be it "known unto all Perfons both Nobility and People, by thefe our Patents, That we will fit one Day in every Week to bear Caufes in Perfon.

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We have the like Teftimony in William Budaus, 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, "[Anno 1230.] feveral Controverfies arose between "the King and the Earl of Britany; And that

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confent (as 'tis probable) of both Parties, a Camp"Court of Judicature was fummoned to meet at "Enceniacum, wherein fate as Judges, not Lawyers, Civilians and Doctors, but Bishops, Earls, and Barons. And there the Earl of Britany was ແ caft, and it was order'd that the Inhabitants of his County fhould be abfolved and freed from the Oath of Allegiance and Fidelity, which they had taken to him. Again, in the fame King's Reign, [Anno

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[Anno 1259.] a Dispute having arifen about the County of Clairmont between the King and the Earls of Poitou and Anjou, a Court of Judicature, compofed of the like Perfons, was appointed, wherein fat the Bishops and Abbots, the General of the Dominicans, the Constable, the Barons, and feveral Laicks. To this he fubjoyns: Yet there were two Parliaments called each Year, at Christmas and at Candlemas, like as there are two Scacaria fummoned in Normandy at "Eafter and at Michaelmas. Thus far Budæus; to whom agrees what we find in an ancient Book concerning the Inftitution of Parliaments, wherein this Article is quoted out of the Conftitution of Philip the 4th, Sirnamed the Fair [ex Anno 1302.] "Moreover, for the Conveniency of our Subjects, and the expeditious determining of Caufes, we propofe to have it enacted, that two Parliaments fhall be held every Year at Paris, and CC two Scacaria at Rouen: That the Dies Tre"cenfes fhall be held twice a Year: and that a Par"liament fhall be held at Tholoufe, as it used to ἐσ be held in paft times, if the People of the Land "confent to it: Alfo, because many Causes of great

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Importance are debated in our Parliament, between great and notable Perfonages; We ordain and apσε point, that two Prelates, and two other fufficient Perfons, being Laymen of our Council; or at leaft ἐσ one Prelate and one Laick, fhall be continually prefent in our Parliaments, to hear and deliberate con

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cerning the above-mentioned Caufes.- From which Words we may learn, First, how feldom the Courts of Judicature heard Causes in those days. Next, how few Judges fat in those Parliaments. For as to the other Provinces and Governments of the Kingdom, we have (in the fame Book) the Conftitution of Philip the Fair, in these words, [Anno 1302.] Moreover,

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"We ordain that our Senefchals and Bayliffs fhall "bold their Affizes in Circuit throughout their Coun"ties and Bayliwicks once every two Months at least.

Furthermore, Budaus in the fame place, [Anno 1293.] writes, that Philip the Fair appointed, that three Sorts of People fhou'd fit in Parliament, viz. Prelates, Barons, and Clerks mixed with Laymen: "Since the Laicks (fays) "he) are chofen promifcuoufly out of the

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Knights, and out of other Sorts of People. "Alfo, that the Prelates and Barons fhou'd fe"lect fit Perfons out of that third Eftate, to "exercise every fort of Judicature; and at the "fame time fhou'd chufe three Judges, who "fhou'd be fent abroad into thofe 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 fhou'd take to their affistance CC the most learned Men they could get. In which place, Budaus lamenting the Evil Cuftoms of our Times; that is, this Kingdom of Lawyers now in vogue, breaks out with fuvenal into this Exclamation: Quondam boc indigena vivebant more! So (fays he) may "I exclaim, that in Old times, when this Kingdom flourished, (as may appear by our Money coined of pure fine Gold) there was a plain and easy way of doing fuftice; there were few Law-Suits, and Ithofe not of long continuance, or indeed Eternal, as now they are; for then this Rabble-rout of pre"tended Interpreters of the Law had not invaded the "Publick: neither was the Science of the Law

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Stretched out to fuch 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

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now to what a fad condition things are brought, every one fees, but no body dares speak out. omnes dicere muffant.] Thus far honeft Budaus; a most inveterate Adverfary 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 Litigioufneß was first raised. As Cicero writes, that the Old High-Priests (by reafon of the Multitude of Sacrifices) inftituted three Affiftants 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 Litigioufnefs increased) fwarm'd this incredible Multitude of Judges, and Spawn of Counsellors. And, in the first place, a great, fumptuous 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 erected a [tres decuric] viz. Of the great Chamber of Accounts, of Inquests, and of Requests. Which Partition Budaus fpeaks 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 thefe Authors have tranfmitted to Pofterity: viz. That this Meeting of the Court of Judicature was not perpetual and fixed, as 'tis now but Jummonable by the King's Writs, which every Year were renewed by Proclamation about the beginning of November:" And that we may be cer“tain (fays Gaguinus) that the King was the Ori

ginal and Author of this folemn Convention; the "Royal Writs are Iffued every Year, whereby the Parliament is authorized to meet on the Feast-day of

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"St. Martin, that is, on the 10th of November." Now of the wonderful and speedy Increase of this Judicial Kingdom, we have this inftance; 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 Feaft of Eafter, till the End of the Parliament, the Prefidents and Counsellors ought to meet in their respective Chambers at fix a Clock every Morning from the Feast of St. Martin forwards, they may meet later. And a little after it fays, We judge it very neceffary, that the Prefi dents and Counsellors of the Court fhou'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 Juftice; as we may easily understand by that Law of his, CC Let mention'd lib. 4. cap. 74. Legis Francia;

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a Comes, a Judge (fays he) not hold a Plä"citum, (that is, not paß a Decree) but before Dinner, or Fafting.

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Concerning the word Parliament, and the Authority of that Name, we have this Argument; That when of old a Senate was inftituted in Dauphine with fupreme Authority, which was commonly called the Council of Dau phine; Lewis the 11th endeavouring to oblige the Dauphinois, who had well deferved 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 Witnefs. [Quest. 43. and again queft. 554.]

FINI S.

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