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So the conchis billed each bere
[Anno 1259.) a Dispute having arisen about the County of Clairmont between the King and the Earls of Poicou 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 Budæus; to whom agrees what we find in an ancient Book concerning the Institution of Parliaments, wherein chis Article is quoted out of the Cona stitution of Philip the 4th, Sirnamed the Fair [ex Anno 1202.] ---- “ Moreover, for the Conveniency “ of our Subjects, and the expeditious determining " of Causes, we propose to have it enacted, that two • Parliaments shall be beld every Tear at Paris, and
two Scacaria at Rouen : That the Dies Tre"censes shall be held twice a Year : and that a Par“ liament fall be held at Tholouse, as it used to “ be held in paft times, if the People of the Land
consent to it: Alfo, because many Causes of great “ Importance are debated in our Parliament, between
great and not able Perfonages ; We ordain and aps point, that two Prelates, and two other sufficient
Perfons, being Lajmen of our Council; or at least ..
one Prelate and one Laick, shall be continually pre“ Sent in our Parliaments, to bear and deliberate con
cerning 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 fat in those Para liaments. For as to the ocher Provinces and Governments of the Kingdom, we have ( in the fame Book) the Constitution of Philiptbe Fair, in these words, [Anno 1302.] ---- " Moreover,
“ We ordain that our Seneschals and Bayliffs shall “ hold their Aflizes in Circuit throughout their Coun“ ties and Bayliwicks once every two months at least.
Furthermore, Budaus in the same place, [Anno 1293.] writes, that Philip the Fair appointed, that three Sorts of People shou'd fit 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 fe“ lect 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 derermine according to Law. And if “ any question of great importance were to “ be argued, they shou'd take to their assistance " the most learned Men they could get. ----In which place, Budaus lamenting the Evil CuItems of our Times; that is, this Kingdom of Lawyers now in vogue, breaks out with fuvenal into this Exclamation : " Quondam boc in“ digenæ vizubant more ! ------ So ( says he) may
I exclaim, that in Old times, when this Kingdorn “ flourished, ( as may appear by our Money coined of
pure fine Gold ) there was a plain and easy way of “ doing Fustice; there were few Law-Suits, and " those 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 "stretched out to such an unlimited Extent; but “ Truth and Equity, and a prudent Fudge, endued “ with. Integrity and Innocence, was of more worth “ than Şix bundred Volumes of Law-Books. But
ointed bin like mary Judgens
of a ven Law-Sulsedible Muli
66. now to what a. fad condition things are brought, " every one sees, but no body dares speak out. Sed
omnes dicere mussant.] Thus far honest Budæus; 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 Multitude of Sacrifices) instituted three Assistants 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 Multitude of Fudges, 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 decurice] viz. Of the great Chamber of Accounts, of Inquests, and of Requests. Which Partition Budaus speaks of in the above-quoted place, but more at large Gayuinus in his Life of King Lewis Hutin..
I must not omit one remarkable thing that ought for ever to be remembred, which boch theso Authors have transmitted to Potterity : viz. That this Meeting of the Court of Judicature was not perpetual and fixed, as 'tis now but Jimmonable 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 solemn Convention ; the “ Royal Writs are issued every-Year, whereby the Parits licement is anchorized to meet on the Feast-day of
“. St. Martin, that is, on the 10th of November. " i 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 Eafter, till the End of the Parliament, the Presidents 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 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 Francia ; " Let “ a Comes, a Judge ( says he ) not hold a Plä
citum, (ihat is, not paß a Decree) bist before Dina “ ner, or Fasting.
Concerning the word Parliament, and the Authority of that Name, we have this Argument; That when of old a Senate.was insti. tuted in Dauphine with supreme Authority, which was commonly called the Council of Daua phine ; Lewis the rich 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." [Queft. 43. and again queft. 554.]: