Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.

Franco-Gallia eBook

François Hotman
This eBook from the Gutenberg Project consists of approximately 187 pages of information about Franco-Gallia.
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 Judge, endued with Integrity and Innocence, was of more worth than Six hundred Volumes of Law-Books.  But now to what a sad Condition Things are brought, every one sees, but no Body dares speak out. [Sed omnes dicere mussant.]" Thus far honest Budaeus; 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 Judges, and Spawn of Counsellors.  And, in the first Place, a great, sumptuous 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 elected a [tres decurie] viz. Of the great Chamber of Accounts, of Inquests, and of Requests.  Which Partition Budaeus speaks 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 these Authors have transmitted to Posterity:  viz. That this Meeting of the Court of Judicature was not perpetual and fixed, as ’tis now, but summonable by the King’s Writs, which every Year were renewed by Proclamation about the Beginning of November:And that we may be certain (says Gaguinus) that the King was the Original and Author of this solemn Convention; the Royal Writs are issued every Year, whereby the Parliament is authorized to meet on the Feast-day of St. Martin, that is, on the 10th of November.”

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 Easter, till the End of the Parliament, the Presidents and Counsellors ought to meet in their respective Chambers at Six 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.

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Franco-Gallia from Project Gutenberg. Public domain.