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A19775 The vievv of Fraunce Dallington, Robert, 1561-1637.; Michell, Francis, Sir, b. 1556. 1604 (1604) STC 6202; ESTC S109214 101,702 171

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fashion sake sometimes when the matters are already concluded The Parliament of Paris consists of seuen Chambers the Grande chambre and fiue others of Enquests and the Tournelles which is the Chamber for the criminall causes as the other sixe be for the ciuill It is called the Tournelles because the Iudges of the other Chambers sit there by turnes euery three moneths the reason whereof Bodin giues that it might not alter the naturall inclination of the Iudges and make them more cruell by being alwayes exercised in matter of condemnations and executions There bee of this Court of Presidents Councellors Cheualliers of honour Procureurs Aduocates Clerkes Sergeants and other Officers of all sortes not so few as two hundred Besides this Court there are also other Courtes for the administration of Iustice in this Citie as the Chatellet of Paris with a Lieutenant ciuill and another criminall and the Hostel de Paris with a Preuost and other inferiour Officers which is as ye would say the Guild Hall of the Citie So haue ye throughout the Realme certayne places as all Cities in generall where there be Chatellets like our places of Assise and in them a Lieutenant ciuill and criminall to iudge and determine all causes reall or personall and here many Lawyers and Procurers as are our Councellors at law Atturnies who pleade before these Lieutenants and Preuosts and certaine Councellors which are the Iudges in these Courts whereof the number is incredible in France Insomuch as ye may well say of them as is said of Sienna There be more readers then auditors so here be more Pleaders thē Clients This Chiquanerie pettifogging multiplicitie of pleaders came first from the Popes Court when his Seate was at Auignon as my Author saith who in the same place calles these Aduocates les Sourris de Palais The Mice of the Palace These are they that Rablais the true Lucian of France calles Doriphages i. deuourers of bribes whose badnesse he scoffingly taxeth where he saith that the diuell was not chayned till such time as he did eate fasting one morning the soule of one of the Officers of these Courts whereupō he was so vexed with the Collicke saith he finding a worse deuill then himselfe rumbling in his belly as there was no stirre with the collericke Marchant till he was bound The processes and sutes in these Courts throughout France are innumerable wherein wee come nothing neere them and yet there is no want of these in England for I haue heard of 340. Nisi prius betweene parties tryed at one Assise in Norff. as many I thinke as in halfe England besides But these are only twice in the yeere that causes are tried at Assizes in our Countrey whereas heere they are tried euery day in the yere that is not festiuall So that it is not much vnlikely that here are as many Processes in seuen yeres as haue beene in England since the Conquest An Aduocate must vse no iniurious words nor superfluous he must plead briefly and recite summarily hee may bee compelled by the Iudge to plead a poore mans cause without fee Hee must be a Graduate and haue taken the othe He may not buy the lands in question of one of the parties and besides many other inhibitions he may not enter the Pladoye sans faire collation the pleading place till he haue broken his fast which in my opinion is needlesse they are forward enough There are besides these Courts of Chatellets in Cities the Courts also of the Builliages Seneschauses that is of Bayliwicks and Sheriffalties who as Haillan saith keepe Courts in eche Prouince and iudge in all matters ciuill and criminall There is also the Court of the Eauës et Forests kept at the Table of Marble in the Palaice and infinit others which to speake particularly of would be very tedious and not very necessary I will here onely remember you of the two Counsels which I must confesse not to haue their due place for I should haue spoken of them next after the Court of Parliament or if ye will next after the Assemblie The chiefe of these as being alwayes about the King is the Conseil priué or des affaires Priuy Councell or Councell of affaires of these Counsellors amōg which are his foure Secretaries he calleth certaine euery morning at his rising to whome he communicates apart his principal and most importing affaires where are read all letters which come from other Princes and such like publike businesse after a conclusiō what is to be done the dispatch thereof is committed to the Secretaries The other is the Grand Conseil or Conseil d' Estat Great Councell or Councell of Estate which at first was as it were a mēber of the Parliament cōsisted of the Princes of the Bloud Nobility hauing only to deale in the matters of the policy general of France or of wars or of the enacting publishing of Edicts But the factiō of Orleans Burgundy caused it to be changed to a choyse nūber of Counsellors prouisioned of 1000. crownes pension a peece yerely Of this Counsel the Chancellor is chief for neither the King himself nor any Prince of the Bloud comes there This is the Court of which the Frenchman saith euery time it is holden it costs the K. 1000. crownes a day And now saith Haillan hee cannot keep thē so cheape so infinite is the nūber of thē grown Where he also cōplaines that this Conseil d' Estat which was wont only to determine publike affaires as the establishmēt of Iustice the Reglemēt of Finances redressing of cōmon grieuāces is now so charged with priuate contentions as the glory thereof is much diminished Ye shall now note in a word the Officers that execute and administer Iustice through France wherein I will not be precise to name all but according to the superficiall course before taken onely to remember the chiefest The Chancellor anciently serued as a Secretary and so were called in the olde Chartes of France where he is likewise called the grand Referendaire The Secretary doeth signe and the Chancellor doeth seale Some deriue this word of cancellare which Haillan reprooueth others of cancellus Cuias vpon the Code sayth they be the same that Quaestores were in time of the Empire at Rome Therefore he is sometime called Quaestor Iustitiae legum custos Thesaurus famae publicae armarium legum The Iudge of Iustice and Keeper of the Lawes the Treasurer of publike fame and Store-house of the Lawes Secretary is the next Office who at first were called Clerkes Some old Writers call them Tôn aporretôn Grammateast Suetonius calles them Ab Epistolis or Emanuenses They are eyther of the Finances which haue their place among the Officers of the Finances before remembred or of Affaires which we here speake of Of these are foure which are called the principall Monsieur Villeroy Monsieur Geuure Monsieur de Fresne and Monsieur
noire He had neuer made any Athenian weare mourning robe For these by selling Iustice and robbing the poore of their right giue the fatherlesse and oppressed Widdowe iust cause to complayne and of wearing that mourning robe that Plutarch speakes of Saint Lewes among many other good Lawes and reuocation of diuers impositions extraordinary made also an Edict against the sale of Offices And it is reported of Alexander Seuerus that he should say when one offered a peece of money for a certayne Office Non patiar mercatores potestatum I will suffer none to traffique Offices Therefore sayth the Athenian Orator to Timar●hus That the liues not the Purses of them that stoode for Offices were to be looked into And yee shall reade in Plutarch that he which anciently stoode for an Office in Rome was to shew himselfe certaine dayes before the Election in the Forum or open streetes apparelled in a thinne Robe that through the same the people might see the wounds he had had in the Warres for his Countries seruice and thereafter as he had deserued to choose him And lest any man should by briberie corruption or any such indirect and vnlawfull way seeke to get any Office or Authoritie these olde Romans made many good and wholesome Lawes against such maner of proceedings which they called Ambitus i. an Ambicious seeking of preferment This the Lex Petilia forbad The Lex Calphurnia declared them that were detected of any such course to be vncapable of that Office for euer And the Lex Tullia banished them that were conuinced Ambitus for ten yeeres so hatefull were such purchases in those dayes And in the time of Ferdinand they had the like law in Spaine against the buying of any Office whether of Warre or Iustice Que vse quedam vender ny trocar officios de Alcaldid ny Algnaziladgo ny Regimiento ny vientes quatria ny fid executoria ny iuraderia Thus you may obserue how hurtfull soeuer it be to Common-wealths and how much so euer forbidden yet that necessitie oftentimes forceth Princes to that which is most losse to themselues La pauuretè quelques fois contraint le Roy de casser bonnes loix pour subuenir à se● affaires et depuis qu' vne fois on a faict ceste ouuerture il est presqu ' impossible d' y remedier Pouertie sometimes constraineth the King to breake good Lawes to helpe his affaires and when once this hole is made in the Lawes it is almost impossible to keepe it It is a strange thing to consider and incredible to beleeue what infinite masses of money haue bene made heere in France by these sales where there is not that Collector Cōtroller Treasurer Sergeant or subalterne Office whatsoeuer but he hath bought it of the Prince and at no small rate for I haue heard it credibly reported and yee shall reade also in late writers that these Offices are bought in France at a dearer rate then our Lands in England of twentie yeeres purchase Yee must obserue they haue them for terme of life and after to returne to the King who is againe to sell them A man in his sicknes or in danger of death or vpon any neede whatsoeuer may sell this his Office or resigne it to his Sonne or friend whatsoeuer which sale is good if the party liue fortie daies after the sale or resignation is confirmed otherwise not Now we are to consider what Entrade or Reuenew the French King yeerely maketh by any or all of the meanes abouesaid The estate of the Finances Domaine and al in Charles the sixt time Anno 1449. was but 1400000. Liures Henry the second leuoit sur son pe●ple par voye ordinaire quinz● millions des francs tous les ans d●nt quelque partie a depuis esté engagée pour les dettes Non obstant lesquelles nostre Roy en tirs autant auiourd huy raysed vpon his people by way of ordinarie Reuenew fifteene thousand pound sterling a yeere whereof some part hath since bene aliened for the debts of the Crowne which notwithstanding the King rayseth as much now But yee may obserue that this summe is of late yeres growne much greater by two thirds as is generally beleeued for whereas in those dayes some three or fourescore yeeres since the ordinarie summe was fifteene millions of Francs or Liures it is now so many of Crownes And Monsieur Riuault Treasurer to the Duke of Mayenne shamed not some eight yeres since to say that his Master had improued the Realme of France to a better rent then any Prince had done beforetimes For saith he Au lieu qu' il ne vallait que dix huict ou vingt millions il en vaut auiour d'huy cinquante Whereas it was woorth but eighteene or twentie thousand pound sterling it is now woorth fiue millions sterling And another saith that onely by the sales of Offices in twentie yeeres space Le Roy en a tire cent trent et neuf millions The King hath raysed one hundred thirtie and nine millions which is after the rate of seuen millions the yeere So that it is probably to be inferred that the Reuenewes are at lest fifteene millions of Crownes wherein all late writers agree Neither must we thinke that men are mistaken by counting Crownes for Liures considering that Bodin and La Nouë and most elder writers speake onely of Liures not of Crownes For the maner of Accompt of France is by especiall ordinance commaunded to bee made by Crownes and that of Liures to cease So that whensoeuer yee reade in the Stories of France of any summe of thousands millions or such like without naming either francs or Crownes you are to respect the times when it was written for if it was aboue twentie yeeres past they meane Liures or Francs if of latter yeres then twentie it is alwayes to be vnderstoode they speake of Crownes this rule will not faile you Hauing briefely spoken of his Entrade and sufficiently of the meanes by which he raiseth it as especially by the last which is not the least namely the sales of Offices which are now bestowed not vpon them which can execute them best but such as can giue the most of whome we may say as Commines of them of his time presently after the Battell of Montlherry Tel perdoit ses offices et estats pour s' en estre fuy et furent donnes à autres qui auoyent fuy dix lieües plus loing Some lost their Offices and estates for running away the which were bestowed vpon others that ranne ten leagues further So these Offices were taken from them that pilled the people much and bestowed vpon others that pill them ten times more Hauing I say spoken sufficiently of these it remaineth I keepe the same course I haue done hitherto that is after the relation of the Court to reckon vp the Officers of Court and after the discourse of his Forces