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
Furthermore, _Budaeus_ in the same Place, [Anno 1293.] writes, that
_Philip_ the _Fair_ appointed, that three Sorts of People shou'd sit 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 select 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 determine
according to Law. And if any Question of great Importance were to be
argued, they should take to their Assistance the most Learned Men they
could get.--" In which Place, _Budaeus_ lamenting the Evil Customs of our
Times; that is, this _Kingdom of Lawyers_ now in Vogue, breaks out with
_Juvenal_ into this Exclamation: "_Quondam hoc indigenae vivebant more!
So_ (says he) _may I exclaim, that in Old Times, when this Kingdom
flourished, (as many appear by our Money coined of pure fine Gold) there
was a plain and easy Way of doing Justice; there were few Law-suits, and
those not of long Continuance, or indeed Eternal, as now they are; for
then this Rabble-Rout of pretended 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_.
Public-domain text, read in full here on John Shaqi.
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