The Gallery of Portraits: with Memoirs. Volume 4 (of 7) — John Shaqi
The Gallery of Portraits: with Memoirs. Volume 4 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 4 (of 7)
Malkin, Arthur Thomas
Biography
impartiality of the judge; a characteristic that the office has since
lost, in that court at least. It also explains the Chancellor’s
indecision, and his failure as a judge. Whatever were his defects as a
decider of causes, he made amends by his talents as a legislator and an
organizer of jurisprudence. To this, indeed, he gave himself up in his
latter years almost exclusively, declining to meddle more with politics,
and devoting himself to ameliorate the laws and the forms of procedure.
It is on this subject that it is difficult to explain his merits to the
reader. One of the first objects of his attention was to separate the
functions of the Grand Council from those of the Parliament. When he
resumed the seals in 1737, he suppressed the Judges and Presidents of
the former court, to do away with its pretensions of usurping the place
of the Parliament. He at the same time collected and remodelled the law
of appeals, and regulated the respective jurisdiction of different
courts; and we learn from Isambert, that the Ordonnance issued by him at
this period still serves as the rule of law procedure before the Court
of Cassation and the Council of State. The law for repressing forgery
formed the subject of another long Ordonnance. The next legal subject of
importance that absorbed the attention of Daguesseau was that of
Entails. This forms the subject of a voluminous Ordonnance, bearing date
August, 1747. One of its clauses nullifies entails extending beyond two
degrees, not including the testator. An Ordonnance, signed May, 1749,
not enough attended to, establishes a sinking fund for paying the debts
of the state, and the levy of a twentieth to constitute it. The question
of Mortmain is the subject of an Edict in the same year. Wills form
another source of legal difficulties which Daguesseau sought to simplify
or remove.
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