Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their libertiesHotman, François
History
Franco-Gallia : $b or, an account of the ancient free state of France, and most other parts of Europe, before the loss of their liberties
Hotman, François
Constitutional history -- France; France -- Politics and government
We have the like Testimony in _William Budaeus_, 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
Perusal of which his Quality did intitle him to) "_That in the Reign of
the same King_ Lewis, [Anno 1230.] _several Controversies arose between
the King and the Earl of_ Britany; _And that by Consent (as 'tis
probable) of both Parties, a Camp-Court of Judicature was summoned to
meet at_ Erceniacum, _wherein sate as Judges, not Lawyers, Civilians and
Doctors, but Bishops, Earls, and Barons. And there the Earl of_ Britany
_was cast, and it was order'd that the Inhabitants of his County should
be absolved and freed from the Oath of Allegiance and fidelity, which
they had taken to him_. Again, in the same King's Reign, [Anno 1259.] _a
Dispute having arisen about the County of_ Clairmont _between the King
and the Earls of_ Poitou _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
_Budaeus_; to whom agrees what we find in an ancient Book concerning the
_Institution of Parliaments_, wherein this Article is quoted out of the
_Constitution of Philip_ the 4th, Sirnamed the _Fair_ [ex Anno
1302.]--"_Moreover, for the Conveniency of our Subjects, and the
expeditious determining of Causes, we propose to have it enacted, that
two Parliaments shall be held every Year at_ Paris, _and two_ Scacaria
_at_ Rouen: _That the_ Dies Trecenses _shall be held twice a Year: and
that a Parliament shall be held at_ Tholouse, _as it used to be held in
past Times, if the People of the Land consent to it: Also, because many
Causes of great Importance are debated in our Parliament, between great
and notable Personages; We ordain and appoint, that two Prelates, and
two other sufficient Persons, being Laymen of our Council; or at least
one Prelate and one Laick, shall be continually present in our
Parliaments, to hear and deliberate concerning 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 sat in
those _Parliaments_. For as to the other Provinces and Governments of
the Kingdom, we have (in the same Book) the _Constitution of Philip the
Fair_, in these Words, [Anno 1302.]--"_Moreover, We ordain that our
Seneschals and Bayliffs shall hold their Assizes in Circuit throughout
their Counties and Bayliwicks once every two Months at least."_
Public-domain text, read in full here on John Shaqi.
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