Upon the whole Matter 'tis plain, that 'tis not yet a hundred Years compleat, since the Liberties of Francogallia, and the Authority of its annual General Council, flourished in full Vigor, and exerted themselves against a King of ripe Years, and great Understanding; for he was above 40 Years old, and of such great Parts, as none of our Kings have equall'd him. So that we may easily perceive that our Commonwealth, which at first was founded and establish'd upon the Principles of Liberty, maintained it self in the same free and sacred State, (even by Force and Arms) against all the Power of Tyrants for more then Eleven Hundred Years.

I cannot omit the great Commendation which that most noble Gentleman and accomplish'd Historian, Philip de Comines, gives of this Transaction; who in his 5th Book and 18th Chapter, gives this Account of it, which we will transcribe Word for Word.—"But to proceed: Is there in all the World any King or Prince, who has a Right of imposing a Tax upon his People (tho' it were but to the Value of one Farthing) without their own Will and Consent? Unless he will make use of Violence, and a Tyrannical Power, he cannot. But some will say there may happen an Exigence, when the Great Council of the People cannot be waited for, the Business admitting of no Delay. I am sure, in the Undertaking of a War, there is no need of such hast; one has sufficient Leisure to think leisurely of that Matter. And this I dare affirm, that when Kings and Princes undertake a War with the Consent of their Subjects, they are both much more powerful, and more formidable to their Enemies.—It becomes a King of France least of any King in the World, to make use of such expressions as this.—I have a Power of raising as great Taxes as I please on my Subjects;—for neither he, nor any other, has such a Power; and those Courtiers who use such Expressions, do their King no Honour, nor increase his Reputation with Foreign Nations; but on the contrary, create a Fear and Dread of him among all his Neighbours, who will not upon any Terms subject themselves to such a Sort of Government. But if our King, of such as have a Mind to magnify his Power; wou'd say thus; I have such obedient and loving Subjects, that they will deny me nothing in Reason; or, there is no Prince that has a People more willing to forget the Hardships they undergo; this indeed wou'd be a Speech that wou'd do him Honour, and give him Reputation. But such Words as these do not become a King; I tax as much as I have a mind to; and I have a Power of taking it, which I intend to keep. Charles the Fifth never used such Expressions, neither indeed did I ever hear any of our Kings speak such a Word; but only some of their Ministers and Companions, who thought thereby they did their Masters Service: But, in my Opinion, they did them a great deal of Injury, and spoke those Words purely out of Flattery, not considering what they said. And as a further Argument of the gentle Disposition of the French, let us but consider that Convention of the Three Estates held at Tours, Anno 1484, after the Decease of our King Lewis the Eleventh: About that time the wholsome Institution of the Convention of the Three Estates began to be thought a dangerous Thing; and there were some inconsiderable Fellows who said then, and often since, that it was High-Treason to make so much as mention of Convocating the States, because it tended to lessen and diminish the King's Authority; but it was they themselves who were guilty of High-Treason against God, the King, and the Commonwealth. Neither do such-like Sayings turn to the Benefit of any Persons, but such as have got great Honours or Employments without any Merit of their own; and have learnt how to flatter and sooth, and talk impertinently; and who fear all great Assemblies, lest there they shou'd appear in their proper Colours, and have all evil Actions condemned."

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CHAP. XIX.

Of the Authority, of the Assembly of the States concerning the most important Affairs of Religion.

We have hitherto demonstrated, that the Assembly of the States had a very great Power in all Matters of Importance relating to our Kingdom of France. Let us now consider, what its Authority has been, in Things that concern Religion. Of this our Annals will inform us under the Year MCCC. when Pope Boniface the Eighth sent Ambassadors to King Philip the Fair, demanding of him, whether he did not hold and repute himself to be subject to the Pope in all Things temporal as well as spiritual; and whether the Pope was not Lord over all the Kingdoms and States of Christendom? In Consequence of these Principles, he required of Philip to acknowledge him for his Sovereign Lord and Prince, and to confess that he held his Kingdom of France from the Pope's Liberality; or that if he refused to do this, he should be forthwith excommunicated, and declar'd a Heretick. After the King had given Audience to these Ambassadors, he summon'd the States to meet at Paris, and in that Assembly the Pope's Letters were read, to the Purport following. Boniface, universal Bishop, the Servant of the Servants of God, to Philip King of France. Fear God and keep his Commandments. It is our Pleasure thou shouldst know, that thou art our Subject, as well in things temporal as Spiritual, and that it belongs not to thee to bestow Prebends or collate Benefices, in any Manner whatever. If thou hast the Custody of any such that may be now vacant, thou must reserve the Profits of them for the Use of such as shall succeed therein: and if thou hast already collated any of them, we decree by these Presents such Collation to be ipso facto void, and do revoke whatever may have been transacted relating thereunto; esteeming all those to be Fools and Madmen, who believe the contrary. From our Palace of the Lateran in the Month of December, and in the Sixth Year of our Pontificate. These Letters being read, and the Deputies of the States having severally deliver'd their Opinions about them, after the Affair was maturely deliberated, it was ordain'd; first, that the Pope's Letters should be burnt in the Presence of his Ambassador, in the great Yard of the Palace: Then, that these Ambassadors with Mitres upon their Heads, and their Faces bedaub'd with Dirt, should be drawn in a Tumbrel by the common Hangman into the said Yard, and there be exposed to the Mockery and Maledictions of the People: finally, that Letters in the King's Name should be dispatched to the Pope, according to the Tenor following. Philip by the Grace of God, King of France, to Boniface, who stiles himself universal Bishop, little or no greeting. Be it known to thy great Folly and extravagant Temerity, that in things temporal we have no Superior but God; and that the Disposal of the Vacancies of certain Churches and Prebends belong to us of Regal Right; that it is our due to receive the profits of them, and our Intention to defend our selves by the Edge of the Sword, against all such, as would any way go about to disturb us in the Possession of the same; esteeming those to be Fools and Brainless, who think otherwise. For Witnesses of this History, we have the Author of the Chronicle of Bretayne, lib. 4. chap. 14. and Nicholas Gilles in the Annals of France, to whom ought to be join'd Papon. in the first Book of his Arrests tit. 5. art. 27.

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CHAP. XX.

Whether Women are not as much debarr'd (by the Francogallican Law) from the Administration, as from the Inheritance of the Kingdom.

The present Dispute being about the Government of the Kingdom, and the chief Administration of Publick Affairs, we have thought fit not to omit this Question: Whether Women are not as much debarr'd from the Administration, as from the Inheritance of the Kingdom? And in the first Place we openly declare, that 'tis none of our Intention to argue for or against the Roman Customs or Laws, or those of any other Nation, but only of the Institutions of this our own Francogallia. For as on the one Hand 'tis notorious to all the World, that by the Roman Institutions, Women were always under Guardianship, and excluded from intermeddling, either in publick or private Affairs, by Reason of the Weakness of their Judgment: So on the other, Women (by ancient Custom) obtain the Supreme Command in Some Countries. "The (Britains says Tacitus in his Life of Agricola) make no Distinction of Sexes in Government." Thus much being premised, and our Protestation being clearly and plainly proposed, we will now return to the Question. And as the Examples of some former Times seem to make for the affirmative, wherein the Kingdom of Francogallia has been administered by Queens, especially by Widows and Queen-Mothers: So on the contrary, the Reason of the Argument used in Disputations, is clearly against it. For she, who cannot be Queen in her own Right, can never have any Power of Governing in another's Right: But here a Woman cannot reign in her own Right, nor can the Inheritance of the Crown fall to her, or any of her Descendants; and if they be stiled Queens 'tis only accidentally; as they are Wives to the Kings their Husbands. Which we have prov'd out of Records for twelve hundred Years together.

To this may be added (which we have likewise prov'd) that nor only the sole Power of Creating and Abdicating their Kings, but also the Right of electing Guardians and Administrators of the Commonwealth, was lodged in the same Publick Council. Nay, and after the Kings were created, the supreme Power of the Administration was retained still by the same Council. And 'tis not yet full a hundred Years since 36 Guardians of the Commonwealth were constituted by the same Council, like so many Ephori: and this during the Reign of Lewis the Eleventh, as crafty and cunning as he was. If we seek for Authorities and Examples from our Ancestors, we may find several; there is a remarkable one in Aimoinus, lib. 4. cap. 1. where speaking of Queen Brunechild, Mother to young Childebert; "The Nobility of France (says he) understanding that Brunechild designed to keep the chief Management of the Kingdom in her own Hands; and having always hitherto, for so long a Time disdained to be subject to a Female Domination, did, &c." And indeed it has so happned in the Days of our Ancestors, that whenever Women got into their Hands the Procuration of the Kingdom, they have been always the Occasion of wonderful Tragedies: Of which it will not be amiss to give some Examples. Queen Crotildis, Mother of the two Kings, Childebert and Clotarius, got once the Power into her Hands; and being extravagantly fond of the Sons of Clodomer, (another of her Sons then dead) occasion'd a great deal of Contention, by her endeavouring to exclude her Sons, and promote these Grandsons to the Regal Dignity; and upon that Score she nourished their large Heads of Hair with the greatest Care and Diligence imaginable, according to that ancient Custom of the Kings of the Franks, which we have before given an Account of. The two Kings (as soon as they understood it) presently sent one Archadius, who presenting her with a naked Sword and a Pair of Shears, gave her Choice which of the two She had rather shou'd be applied to the Boys Heads. But She (says Gregory of Tours) being enraged with Choler, especially when She beheld the naked Sword and the Scissars, anwer'd with a great deal of Bitterness—"Since they cannot be advanced to the Kingdom, I had rather see them dead than shaven"—And thereupon both her Grandsons were beheaded in her Presence. The same Gregory, lib. 3. cap. 18. subjoyns—"This Queen, by her Liberalities and Gifts conferr'd upon Monasteries, got the Affections, Plebis & vulgi of the common People and Mob: Date frenos (says Cato) impotenti naturae, & indomito animali, & sperate ipsas modum licentiae facturas. Give Bridles to their unruly Natures, and curb the untamed Animal; and then, you may hope they shall see some Bounds to their Licentiousness." What an unbridled Animal and profligate Wretch was that Daughter of King Theodorick, by Birth an Italian; who being mad in Love with one of her Domesticks, and knowing him to have been kill'd by her Mother's Orders, feigned a thorough Reconciliation, and desir'd in Token of it to receive the Holy Sacrament of the Lord's Supper with her Mother; but Privately mixing some Poyson in the Chalice, She at once gave the strangest Instance both of Impiety and Cruelty in thus murdering her own Mother. The Account given of it by Gregory of Tours is this: "They were (says he) of the Arrian Sect, and because it was their Custom that the Royal Family shou'd communicate at the Altar out of one Chalice, and People of Inferior Quality out of another. (By the way, pray take notice of the Custom of Communicating in both kinds by the People.) She dropped Poyson into that Chalice out of which her Mother was to communicate; which as soon as she had tasted of it, kill'd her presently."—Fredegunda, Queen-Mother, and Widow of Chilperick the First, got the Government into her Hands; She, in her Husband's Time, lived in Adultery with one Lander; and as soon as she found out that her Husband Chilperick had got Wind of it, she had him murdered, and presently seiz'd upon the Administration of the Kingdom as Queen-Mother, and Guardian of her Son Clotharius, and kept Possession of it for 13 Years; in the first Place she poyson'd her Son's Uncle Childebert, together with his Wife; afterwards she stirred up the Hunns against his Sons, and raised a Civil War in the Republick. And lastly, She was the Firebrand of all those Commotions which wasted and burnt all Francogallia, during many Years, as Aimoinus tells us, [lib. 3. cap. 36. & lib. 8. cap. 29.]

There ruled once in France, Brunechild, Widow of King Sigebert, and Mother of Childebert. This woman had for her Adulterer a certain Italian, called Protadius, whom She advanced to great Honours: She bred up her two Sons, Theodebert and Theodorick, in such a wicked and profligate Course of Life, that at last they became at mortal Enmity with each other: And after having had long Wars, fought a cruel single Combat. She kill'd with her own Hands her Grandson Meroveus, the Son of Theodebert: She poysoned her Son Theodorick. What need we say more? Date fraenos (as Cato says) impotenti naturae, & indomito animali; & sperate illas modum licentiae facturas. She was the Occasion of the Death of Ten of the Royal Family: And when a certain Bishop reproved her, and exhorted her to mend her Life, She caused him to be thrown into the River. At last, a Great Council of the Franks being summoned, She was judged, and condemned, and drawn in Pieces by wild horses, being torn Limb from Limb. The Relators of this Story are, Greg. Turonensis, [lib. 5. cap. 39.] and [lib. 8. cap. 29.] And Ado [AEtat. 6.] Otto Frising. [Chron. 5. Cap. 7.] Godfridus Viterbiensis [Chron. parte 16.] & Aimoinus [lib. 4. cap. 1.] Also the Appendix of Gregory of Tours, [lib. 11.] whose Words are these: "Having convicted her of being the Occasion of the Death of Ten Kings of the Franks; to wit, of Sigebert, Meroveus, and his Father Chilperick; Theodebert, and his Son Clothair; Meroveus, the Son of Clothair, Theodorick, and his three Children, which had been newly killed, they order'd her to be placed upon a Camel, and to be tortured with divers sorts of Torments, and so to be carried about all the Army; afterwards to be tied by the Hair of the Head, one Leg and one Arm to a Wild Horse's Tail; by which being kick'd, and swiftly dragg'd about, She was torn Limb from Limb."

Let us instance in some others: Plectrudis got the Government into her Hands; a Widow not of the King, but of Pipin, who ruled the Kingdom whilst Dagobert the Second bore the empty Title of King. This Plectrudis having been divorced by her Husband Pipin, because of her many Adulteries and flagitious Course of Life; as soon as her Husband was dead, proved the Incendiary of many Seditions in France. She compell'd that gallant Man Charles Martel, Mayor of the Palace, to quit his Employment, and in his Place put one Theobald, a most vile and wicked Wretch; and at last She raised a most grievous Civil War among the Franks, who in divers Battels discomfited each other with most terrible Slaughters. Thus, says Aimoinus, [lib 4. cap. 50. & cap sequen.] Also the Author of a Book called, The State of the Kingdom of France under Dagobert the Second, has these Words: "When the Franks were no longer able to hear the Fury and Madness of Plectrude, and saw no Hopes of Redress from King Dagobert, they elected one Daniel for their King, (who formerly had been a Monk) and called him Chilperick." Which Story we have once before told you.

But let us proceed. The Queen-Mother of Charles the Bald, (whose Name was Judith) and Wife of Lewis the Pious, who had not only been King of Francogallia, but Emperor of Italy and Germany, got the Government into her Hands. This Woman stirred up a most terrible and fatal War between King Lewis and his Sons, (her Sons in Law) from whence arose so great a Conspiracy, that they constrained their Father to abdicate the Government, and give up the Power into their Hands, to the great Detriment of almost all Europe: The Rise of which Mischiefs, our Historians do unanimously attribute, for the most Part, to Queen Judith in a particular Manner: The Authors of this History are the Abbot of Ursperg, Michael Ritius and Otto Frising. [Chron. 5. cap. 34.] "Lewis (says this last) by reason of the Evil Deeds of his Wife Judith, was driven out of his Kingdom." Also Rhegino [in Chron. ann. 1338.] "Lewis (says he) was deprived of the Kingdom by his Subjects, and being reduced to the Condition of a private Man, was put into Prison, and the Sole Government of the Kingdom, by the Election of the Franks, was conferr'd upon Lotharius his Son. And this Deprivation of Lewis was occasioned principally through the many Whoredoms of his Wife Judith."

Some Ages after, Queen Blanch, a Spanish Woman, and Mother to St. Lewis, ruled the Land. As soon as She had seized the Helm of Government, the Nobility of France began to take up Arms under the Conduct of Philip Earl of Bologn, the King's Uncle, crying out (as that excellent Author Joannes Joinvillaeus writes) [cap. histor. 4.] "That it was not to be endured that so great a Kingdom shou'd be governed by a Woman, and She a Stranger." Whereupon those Nobles rejecting Blanch, chose Earl Philip to be Administrator of the Kingdom: But Blanch persisting in her Purpose, sollicited Succours from all Parts, and at last determined to conclude a League with Ferdinand King of Spain. With Philip joyned the Duke of Brittany, and the Count de Eureux his Brother. These, on a sudden, seiz'd on some Towns, and put good Garisons into them. And thus a grievous War was begun in France, because the Administration of the Government had been seized by the Queen-Mother: It hapned that the King went (about that Time) to Estampes, being sent thither by his Mother upon Account of the War: To that Place the Nobles from all Parts hastily got together, and began to surround the King not with an Intention (as Joinville says) to do him any Harm, but to withdraw him from the Power of his Mother. Which She hearing, with all Speed armed the People of Paris, and commanded them to march towards Estampes. Scarce were these Forces got as far as Montlebery, when the King (getting from the Nobles) joyned them, and returned along with them to Paris. As soon as Philip found that he was not provided with a sufficient force of Domestick Troops, he sent for Succours to the Queen of Cyprus, (who at the fame Time had some Controversy depending in the Kingdom) She entring with a great Army into Champagn, plunder'd that Country far and near; Blanch however continues in her Resolution. This constrains the Nobility to call in the English Auxiliaries, who waste Aquitain and all the Maritime Regions; which Mischiefs arose thro' the Ambition and unbridled Lust of Rule of the Queen-Mother, as Joinvillaeus tells us at large, [cap. 7, 8, 9, 10.]

And because many of our Countrymen have a far different Opinion of the Life and Manners of Queen Blanch, occasioned (as 'tis probable) by the Flattery of the Writers of those Times; (For all Writers either thro' Fear of Punishment, or, by Reason of the Esteem which the Kings their Sons have in the World, are cautious how they write of Queen-Mothers:) I think it not amiss to relate what Joinville himself records [cap 76.] viz. That She had so great a Command over her Son, and had reduced him to that Degree of Timidity and Lowness of Spirit, that She would very seldom suffer the King to converse with his Wife Margaret, (her Daughter-in-Law) whom She hated. And therefore whenever the King went a Journey, She ordered the Purveyors to mark out different Lodgings, that the Queen might lie separate from the King. So that the poor King was forced to place Waiters and Doorkeepers in Ambush whenever He went near his Queen; Ordering them, that when they heard his Mother Blanch approach the Lodgings, they shou'd beat some Dogs, by whose Cry he might have Warning to hide himself: And one Day (says Joinville) when Queen Margaret was in Labour, and the King in Kindness was come to visit her, on a sudden Queen Blanch surprized him in her Lodgings: For altho' he had been warned by the howling of the Dogs, and had hid himself (wrapp'd up in the Curtains) behind the Bed; yet She found him out, and in the Presence of all the Company laid Hands on him, and drew him out of the Chamber: You have nothing to do here (said She) get out. The poor Queen, in the mean Time, being not able to bear the Disgrace of such a Reproof, fell into a Swoon for Grief; so that the Attendants were forced to call back the King to bring her to her self again, by whose Return She was comforted and recover'd. Joinville tells this Story [cap. hist. 76.] in almost these same Words.

Again, Some Years after this, Isabella, Widow of Charles the 6th, (Sirnamed the Simple) got Possession of the Government: For before the Administration of the Publick Affairs cou'd be taken care of by the Great Council, or committed by them to the Management of chosen and approved Men, many ambitious Courtiers had stirr'd up Contentions: Six Times these Controversies were renewed, and as often composed by Agreement. At last Isabella being driven out of Paris betook her self to Chartres: There, having taken into her Service a subtle Knave, one Philip de Morvilliers, She made up a Council of her own, with a President, and appointed this Morvilliers her Chancellor; by whose Advice She order'd a Broad-Seal, commonly called, a Chancery-Seal, to be engraven: On which her own Image was cut, holding her Arms down by her Sides: and in her Patents She made use of this Preamble. "Isabella, by the Grace of God, Queen of France: who, by Reason of the King's Infirmity, has the Administration of the Government in her Hands, &c."—But when the Affairs of the Commonwealth were reduced to that desperate Future, that all Things went to Rack and Ruin, She was by the Publick Council banished to Tours, and committed to the Charge of Four Tutors, who had Orders to keep her lock'd up at Home, and to watch her so narrowly, that She shou'd be able to do nothing; not so much as to write a Letter without their Knowledge. A large Account of all this Transaction we have in Monstrellet's; History. [cap. 161 & cap. 168.]

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CHAP. XXI.

Of the Juridical Parliaments in France.

Under the Capevingian Family there sprung up in Francogallia a Kind of Judicial Reign, [Regnum Judiciale] of which (by Reason of the incredible Industry of the Builders up and Promoters of it, and their unconceivable Subtilty in all subsequent Ages), we think it necessary to say something. A Sort of Men now rule every-where in France, which are called Lawyers by some, and Pleaders or Pettyfoggers by others: These Men, about 300 Years ago, managed their Business with so great Craft and Diligence, that they not only subjected to their Domination the Authority of the General Council, (which we spoke of before) but also all the Princes and Nobles, and even the Regal Majesty it self: So that in whatever Towns the Seats of this same Judicial Kingdom have been fix'd, very near the third Part of the Citizens and Inhabitants have applied themselves to the Study and Discipline of this wrangling Trade, induced thereunto by the vast Profits and Rewards which attend it. Which every one may take Notice of, even in the City of Paris, the Capital of the Kingdom: For who can be three Days in that City without observing, that the third Part of the Citizens are taken up with the Practice of that litigious and Pettyfogging Trade? Insomuch, that the General Assembly of Lawyers in that City (which is called the Robed Parliament) is grown to so great a Heighth of Wealth and Dignity, that now it seems to be (what Jugurtha said of old of the Roman Senate) no longer an Assembly of Counsellors, but of Kings, and Governors of Provinces. Since whoever has the Fortune to be a Member of it, how meanly born soever, in a few Years Time acquires immense and almost Regal Riches: For this Reason many other Cities strove with Might and Main to have the like Privilege of Juridical Assemblies: So that now there are several of these famous Parliaments, to wit, those of Paris, Tholouse, Rouen, Grenoble, Bourdeaux, Aix, and Dijon: All which are fix'd and sedentary; besides an Eighth, which is ambulatory and moveable, and is called the Grand Council.

Within the Limits of these great Juridical Kingdoms there are others lesser, which we may call Provincial Governments, who do all they can to imitate the Grandeur and Magnificence of their Superiors; and these are called Presidial Courts: And so strong is the Force and Contagion of this Disease, that a very great Part of the French Nation spends its Time and Pains in Strife and Law-Suits, in promoting Contentions and Processes; just as of old, a great Number of the Egyptians were employ'd by their Tyrants in Building Pyramids, and other such useless Structures.

Now the Word Parliament in the old Manner of Speech used by our Countrymen, "signifies a Debate, or discoursing together of many Persons, who come from several Parts, and assemble in a certain Place, that they may communicate to one another Matters relating to the Publick." Thus in our ancient Chronicles, whenever Princes or their Ambassadors had a Meeting to treat of Peace or Truce, or other Warlike Agreements; the Assembly so appointed was always called a Parliament; and for the same Reason the Publick Council of the Estates was, in our old Language, called a Parliament. Which Assembly, being of great Authority, the Kings of the Capevingian Race having a Mind to diminish that Authority by little and little, substituted in its Place a certain Number of Senators, and transferred the August Title of a Parliament to those Senators: And gave them these Privileges: First, That none of the King's Edicts shou'd be of Force, and ratified, unless those Counsellors had been the Advisors and Approvers of them. Next, That no Magistracy or Employment in all France, whether Civil or Military, shou'd be conferr'd on any Person, without his being inaugurated, and taking the Oaths in that Assembly. Then that there should be no Liberty of Appeal from their judgment, but that all their Decrees should stand firm, and inviolable. In fine, whatever Power and Authority had anciently been lodged in the General Council of the Nation, during so many Years together, was at Length usurped by that Counterfeit Council, which the Kings took care to fill with such Persons as would be most subservient to their Ends.

Wherefore it will be worth our while, to enquire from what Beginnings it grew up to so great a Heighth and Power; First, a very magnificent Palace was built at Paris, by Order (as some say) of King Lewis Hutin, which in our Ancient Language signifies mutinous or turbulent. Others say, by Philip the fair, about the Year 1314. thro' the Industry and Care of Enguerrant de Marigny Count of Longueville, who was hanged some Years after on a Gallows at Paris, for embezzling the Publick Money, Whoever 'twas that built it, we may affirm, that our Francogallican Kings took the same Pains in building up this litigious Trade, that the Egyptian Monarchs are said to have done in employing their Subjects to build the Pyramids; among whom Chemnis is recorded to have gathered together 360000 Men to raise one Pyramid. Gaguinus, in his History of King Hutin's Life, has this Passage,—"This Lewis ordained, That the Court of Parliament should remain fixed and immoveable in the City of Paris, that Suitors and Clients might not be put to the Trouble of frequent Removals." Now what some affirm, that Pipin or Charlemagn were the Authors of this Institution, is very absurd, as we shall plainly make appear. For most of the Laws and Constitutions of Charlemagn are extant; in all which there is not the least Mention made of the Word Parliament, nor of that great fixed Senate; he only ordains, That in certain known Places his Judges should keep a Court, and assemble the People; which according to his usual Custom he calls a Placitum, or a Mallum, as [lib. 4. cap. 35. Legis Franciae] 'tis written, "He shall cause no more than three general Placita to be kept in one Year, unless by chance some Person is either accused, or seizes another Man's Property, or is summoned to be a Witness—." There are many other Laws extant of that King's of the like Nature, by which we may observe the Paucity of Law-suits in his Days: And I am clearly of Opinion, that what I find several of our modern Authors have affirm'd is most true, viz. that the first Rise and Seeds of so many Law-suits, Calumnies and Contentions in this Kingdom, proceeded from Pope Clement the Fifth, who during the Reign of Philip the Fair, transferred the Seat of his Papacy to Avignon, at which Time his Courtiers and Petty-Foggers, engaging into Acquaintance with our Countrymen, Introduced the Roman Arts of Wrangling into our Manners and Practice. But not to speak of such remote Times. About the Year of our Lord 1230. reigned St. Lewis, as he is plainly called, whose Life Johannes Joinvillaeus (whom we have often mentioned) has written at large. Out of his Commentary we may easily learn, how few Contentions and Law-Suits were in those Days, since King Lewis either determined the Controversies himself in Person, or referred them to be determined by some of his Followers and Companions: And therefore [cap. 94.] he thus writes,—"He was wont (says he) to command Lord Nellius, Lord Soissons, or my self, to inspect and manage the Appeals which were made to him. Afterwards he sent for us, and enquired into the State of the Case; and whether it were of such a Nature as could not be ended without his own Intervention. Oftentimes it hapned, that after we had made our Report, he sent for the contending Parties, and heard the Cause impartially argued over again. Sometimes for his Diversion he would go to the Park of Bois de Vincennes, and sitting down upon a green Sodd at the Foot of an Oak Tree, would command us to sit by him; and there if any one had Business, he wou'd cause him to be called, and bear him patiently. He wou'd often himself proclaim aloud, That if any one had Business, or a Controversy with an Adversary, he might come near and set forth the Merits of his Cause; then if any Petitioner came, he wou'd hear him attentively; and having throughly considered the Case, wou'd pass judgment according to Right and Justice. At other Times he appointed Peter Fountain and Godfrey Villet to plead the Causes of the contending Parties. I have often (says he) seen that good King go out of Paris into one of his Gardens or Villa's without the Walls, dressed very plainly, and there order a Carpet to be spread before him on a Table; and having caused Silence to be proclaimed, those which were at Variance with each other, were introduced to plead their Causes; and then he presently did Justice without Delay." Thus far Joinvillaeus—By which we may guess at the small Number of Law Suits and Complainants in those Days, and how careful our Kings were of preventing the Mischiefs that might arise from such as fomented Controversies. In the Capitular of Charles the Great this Law is extant.—"Be it known unto all Persons both Nobility and People, by these our Patents, That we will sit one Day in every Week to hear Causes in Person."

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."

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.

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. This was Charles the 7th's Order: But in Charles the Great's Reign, who ruled a Kingdom three Times as big, we find a very different Manner of rendring Justice; as we may easily understand by that Law of his, mention'd lib. 4. cap. 74. Legis Franciae; "Let a Comes, a Judge (says he) not hold a Placitum, (that is, not pass a Decree) but before Dinner, or Fasting."

Concerning the Word Parliament, and the Authority of that Name, we have this Argument; That when of old a Senate was instituted in Dauphine with supreme Authority, which was commonly called the Council of Dauphine; Lewis the 11th endeavouring to oblige the Dauphinois, who had well deserved from him, changed the Name of this Council into that of a Parliament, without adding any Thing to the Privileges or Authority of it. Of which Guidopappius is our Witness. [Quest. 43. and again quest. 554.]

FINIS.