The practice of the long-forgotten States-General of France was an
object of rather anxious inquiry at the reassembling of that body in
1789, after they had been some four centuries and a half in a state of
adjournment or dissolution. The investigations thus occasioned brought
out many peculiarities which were in practical observance in Scotland
down to the Union. All the world has read of that awful crisis arising
out of the question whether the Estates should vote collectively or
separately. Had the question remained within the bounds of reason and
regulation, instead of being virtually at the issue of the sword, much
instructive precedent would have been obtained for its settlement by an
examination of the proceedings of that Parliament of Scotland which
adjusted the Union—an exciting matter also, yet, to the credit of our
country, discussed with perfect order, and obedience to rules of
practice which, derived from the custom of the old States-General of
France, were rendered pliant and adaptable by such a long series of
practical adaptations as the country of their nativity was not permitted
to witness.
There was a very distinct adaptation of another French institution of
later origin, when the Court of Session was established in 1533. Before
that, the king’s justices administered the law somewhat as in England,
but there was an appeal to Parliament; and as that body did its judicial
work by committees, these became virtually the supreme courts of the
realm. If the reader wants to have assurance that there is something
really sound in this information, by receiving it in the current coin of
its appropriate technicalities, let him commit to memory that the chief
standing committee was named that of the _Domini auditorii ad querelas_.
When he uses that term, nobody will question the accuracy of what he
says. The Court of Session, established to supersede this kind of
tribunal, was exactly a French parliament—a body exercising appellate
judicial functions, along with a few others of a legislative
character—few in this country, but in France sufficiently extensive to
render the assembling of the proper Parliament of the land and the
States-General unnecessary for all regal purposes.
Public-domain text, read in full here on John Shaqi.
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