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 Passage,—“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 Institution, is very absurd, as we shall plainly
make appear. For most of the Laws and Constitutions
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 assemble 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