of The Dutchy of Luines The great Charge the King was oblig'd to maintain during the War against Spain had oblig'd him to alienate the greatest part of his Demaine But Colbert being desirous to clear his Majesty's Revenues persuaded him to re-unite the alienated Crown-Lands to the rest of his Demaine which was put in execution by Virtue of an Edict set forth in April 1667 on condition to reimburse the Purchasers but since most of 'em had been tax'd the King had but little to pay The same Minister undertook the Reformation of Justice and the ill success of that Design was perhaps owing either to the Unskilfulness of Pussort and the rest whom he employ'd in compiling the Code or to their Unwillingness to remove the Foundations of Wrangling lest the Officers of the Courts of Judicature shou'd remain without Employment To demonstrate the Uselesness of the new Regulation it must be observ'd that the Litigious Wrangling of Lawyers proceeds from Four Causes the various Degrees of Officers or Courts of Justice the Contests about their Jurisdiction frivolous Suits and Forms and the confounding of Matter of Fact with Matter of Law which makes it impossible to refer every Particular to its proper Head The first Inconveniency might have been easily remedy'd by bringing the Appeals from the Sentences of the Judges of Signiories to the Presidial Courts to which they are subordinate where the Cause shou'd be finally judg'd without any further Appeal and by bringing the Appeals from the Royal Jurisdictions immediately to the Parliament without stopping at the Presidial Courts And if it be objected That the Parties wou'd by such a Regulation be engag'd in long and chargeable Voyages it ought to be consider'd that there lies always an Appeal to the Parliament from the Sentence of the Presidial Courts that have condemn'd or approv'd the Judgment of their subordinate Royal Courts of Justice And besides the Jurisdiction or District of the Parliament of Paris which is certainly too wide might be divided into several Parts by creating two other Parliaments one at Lyons and another at Poictiers as likewise Lower Languedoc might be taken from the Parliament of Thoulouse by erecting another at Nîmes The Contests between Courts concerning their Jurisdictions are chiefly occasion'd either because the Court of Aids has a Right to cite before it all the Causes in which the King's Farmers are concern'd or by reason of the Audiences erected in the Courts of Inquest which according to ancient Custom belong only to the Great Chamber as that alone has a Registry of Enrollments for every Court reclaiming its Jurisdiction under Pretext of some incidental Controversie there are an infinite number of Disputes occasion'd And besides these Contests are frequently owing to the Opposition against Sentences or Decrees obtain'd for want of Appearance or of defending the Farmer at the Great Chamber tho' the Petitions were presented to one of the Chambers of Inquest The Code requires these Cases to be judg'd at the Bar which is the true way to make the Decision of the Incident or Bye-matter last longer than the Judgment of the Main Suit because the Advocates cannot be made to confer and there is always a Return in Law against the Sentences given according to the Opinion of the Bar. The only way to redress these Inconveniencies is with respect to the First to restrain the Courts of Requests of the Palace and other ordinary Jurisdictions from taking Cognizance of Matters belonging to the Court of Aids or else to hinder the Court of Aids from withdrawing a Cause from the other Courts of which they are actually possess'd And the Second might be easily remedy'd by reducing the Courts of Inquest to their Primitive State and by ordering all Incidents to be judg'd in the Court call'd The Chamber of the Council and all Petitions to be carry'd thither and either join'd if they have a Relation to the main Suit or judg'd on the Verbal Relation of the Reporter if they be conditional or include a Proviso This Regulation would also reddress another Abuse for the Hearings at several Courts of Inquest falling out in one day and there being also an Audience at the Court call'd the Tournelle Civile at the very same Hour 't is impossible for the Advocates or Counsellours at Law to be present in all those places at once and therefore they are forc'd to incur the Penalty for want of Appearance which might be prevented if there were no Audiences at the Courts of Inquest for then they wou'd all remain at the Tournelle Civile 'T is true there are Hearings at the same Hour at the Courts of Requests in the Palace and in the Town-House but that Inconveniency might be also regulated by excluding the Advocates under Ten Years standing from the Superior Courts and by restraining the old Advocates from pleading before the subaltern or inferior Courts If we consider the idle and unprofitable Pleadings or Forms it will appear that the Code ought to cut off the Contradictions Rejoinders Replications and all the New or Additional Proofs and Reviews which only make way for the Repetition of what had been urg'd a hundred times before And besides there is another great Abuse concerning the Defaults for want of timely Defence for the Attorneys to gain time demand in the general a Copy of all the Instruments or Pleadings without mentioning particularly which are necessary to 'em and after they have incurr'd the Default they are receiv'd as Opponents without any previous Examination whether their Exceptions are well or ill-grounded The only effectual way to redress this Abuse is to ordain that the Cause shall be judg'd only by those Pieces or Instruments of which Copies have been given with an Express Prohibition to make use of any others and this being suppos'd if the Proctor or Attorney do not put in his Defence within the time limited by the Regulation that in that Case he may and shall be fin'd in his own Name and that it shall not be in the Judge's Power to moderate the Fine And besides the Attorneys ought to be restrain'd from withdrawing their Allegations and oblig'd to communicate 'em to the Reporter for tho' the Regulation has made 'em liable to a Pecuniary Mulct instead of Bodily Restraint they never pay any thing tho' by this means they have gain'd a great deal of time The last Article is of greatest Importance since it relates to the Manifestation of the Truth which the Advocates endeavour to disguise with their Forms and Pleadings so that 't is almost impossible for the Judge to discover it For 't is their constant Practice to spend the time allow'd 'em in several Audiences in the Pleading of one Cause which is often referr'd and in the mean time the Claims are not dispatch'd besides that the Cause being put off from Week to Week it becomes a hard Task to remember what has been already alledg'd And therefore to prevent such an useless Waste of Time the Plantiff
comes to Paris 20 His Amours with Mademoiselle de Scudery 21 He writes the History of the French Academy 22 He serves Fouquet ibid. And afterwards Colbert 23 The Council of the Finances erected 24 The New Regulation of the Finances Page 24 Colbert hated and affronted 26 His violent Proceedings against the Officers and Farmers of the Revenue 27 He settles the East and West-India Companies 29 Enlarges and beautifies the Tuilleries ibid. A Description of the King's Statue made by Cavalier Bernin 30 Colbert repairs S. Germain and other Royal Houses 31 The Castle of Clagny describ'd ibid. An Account of Versailles 33 c. of Trianon 63 of the Aqueduct of Versailles 64 c. of a Church built by Colbert 68 of Marly 70 c. of Colbert's Palace at Sceaux 76 Colbert's Care to adorn the City of Paris 78 The Academy of Painting and Sculpture erected by his Interest 79 Of the Origin Constitution and Progress of that Society 80 c. A Catalogue of le Brun's Pieces 87 An Account of the Academy of Sciences with the Works and Inventions of its Members 88 c. A Description of the Parisian Observatory 91 c. The uniting of the two Seas undertaken 97 An exact Account of that Work 98 c. Colbert purchases the Office of Treasurer of the King's Orders 106 Of the Institution of the Orders of S. Michael and of the Holy Ghost 106 107 The Prices of Offices regulated 108 The Authority of the Parliaments lessen'd Page 108 c. Several fine Pieces of Workmanship made by Colbert's Order for the Embellishment of Versailles 111 112 He sets up a Glass-House 112 And establishes a Point-Manufactory 113 His Daughter marry'd to the D. of Chevreuse 114 He undertakes the Reformation of Courts of Justice but without Success 115 The Causes of the Litigious Wrangling of Lawyers and other Inconveniencies relating to the Civil Code with their proper Remedies 116 c. Proposals concerning the Government of the City of Paris and the Redressing of several Abuses that are usually committed there 123 c. Of lewd Women 125 126 Of Gaming 127 Of Lending Money on Pledges 128 Of Regulating the Prices of Bread Wine Flesh c. 128 129 Colbert examines the Usurpation of Noble Titles 130 Of the Treaty at Aix la Chapelle 131 132 Colbert made Secretary of State 133 Suppresses several Offices ibid. Excludes Protestants from the Courts of Justice 134 Proposals for several New Regulations concerning Criminal Courts 135 c. Reflexions on two Edicts 142 Colbert's Severity to the Parliament of Tholouse 143 He procures the Erection of an Ensuring-Office Page 144 Another of his Daughters marry'd to the Duke of S. Aignan 146 The Inconveniencies of Mark'd Paper ibid. Colbert sends his Son the Marquess de Seignelay to travel 147 He suppresses Private Courts of Justice ibid. Of the Treaty of Nimmeghen 149 Colbert made Minister of State ibid. An amorous Adventure of the Marquess d' Ormoy Colbert 150 151 Colbert's Sister made an Abbess 152 An Account of the Casting of Great Guns for the Navy ibid. Colbert's Care to advance his Family 154 He marries his Youngest Daughter to the Duke de Mortemar ibid. The Marquess de Seignelay twice marri'd 156 Colbert's Brother negotiates and concludes the Treaty of Marriage between the Dauphin and the Princess of Bavaria 157 And is made Secretary of State 158 Colbert's Incivility to a Lady ibid. The Marquess de Seignelay accompanies the King to Picardy 159 Colbert excludes Protestants from the Royal Farms 160 His Son the Abbot made titulary Archbishop of Carthage and Coadjutor to the Archbp. of Roan ib. The Ceremonies of his Reception at Rohan 161 Theses dedicated to his Majesty and presented in magnificent Boxes adorn'd with Emblematical Figures 162 A Frigat built after a New Model Page 163 Encrease of Trade at S. Malo 164 The Duke of Mortemar's Expedition with his Majesty's Galleys 165 The Chevalier de Bethune takes a Pyrate of Salley 166 The Marquess du Quêne chases some Vessels of Tripoli into the Port of Chio 168 The Articles of the Treaty of Peace between the French and the Divan of Tripoli 169 Colbert's Kindness to his Nephew Desmarets 170 Of Colbert's Three Sisters ibid. The King views several Curiosities at Paris 171 The Marquess de Seignelay goes to Dunkirk ib. A brief Account of the present King of Morocco's Accession to the Throne his Wars and Conquests 172 The various Customs and Habits of his Subjects 172 173 Some of their Religious Rites with their Opinion concerning Christ 174 The King of Morocco sends an Ambassador to France ibid. Some Instances of the Wit and Politeness of that Envoy 175 Colbert promotes his Brother Edward Francis ib. A short Description of Tournay 176 The Marquess du Quêne's Expedition against Algier ibid. An Account of the Fortifications of the Town and Port 177 An exact Relation of the Bombarding of that City 178 c. An Algerin Ship taken by the French Pag. 185 Fine Horses brought from the American Islands 186 Gabaret's Voyage to Martinico ibid. A Description of that Island and Granada 187 Of Mount S. Martha the highest Hill in the World ibid. Of the Nation of Pigmies that inhabit the Skirts of the Mountain 188 Portobelo describ'd 189 Description of Havana 193 Of the Bay of las Matanças in the Island of Cuba 194 Of the Streight of Bahama 195 A desperate Action of 4 or 5 Englishmen 196 The French King sends the Count of S. Amand Ambassadour to the King of Morocco ibid. His Arrival and Reception at Tetuan 197 He sets forwards to Alcazan 203 And arrives at Salley 204 Of the Manner of Rejoicing and Sacrifices of the Moors 205 A particular Relation of the first Audience and of the Discourse that pass'd between the King and the Ambassadour 206 An Account of the Presents 209 Of the Audience of Leave and the Conclusion of the Treaty 210 The King of Morocco's Person and Habit describ'd 210 211 Of his Forces and Guard 211 An Instance of Moorish Severity 212 The Ambassadour returns to Tetuan ibid. Colbert regulates some Abuses Page 213 And procures an Edict about the Payment of Debts 214 The Marquess du Quêne's second Expedition against Algiers with a particular Account of the Bombarding of that City 215 c. The Algerines beg a Peace and restore the French Slaves 222 Colbert's Death and Burial 223 His Monument 224 Verses on that Occasion ibid. His Library ibid. How his Offices were divided after his Death 225 The Marquess de Seignelay's Character 226 His first and second Marriage ibid. He beats his Wife 227 Of Colbert's pretended Descent from a Scotch Family 228 The Preferment Disgrace and Death of one of his Sons who was made a Knight of Malta 228 229 An Instance of the Archbishop of Rohan's Affection to his Mistress 229 The Causes of the French King 's quarreling with the Republick of Genoa 229 230 An Account of the Bombarding of that City ibid. c. The Conditions impos'd on the Genoese 234 Of the Arrival and Negotiation of the Ambassadors of Siam 235 The New Regulation of the African Trade 236 The Revocation of the Edict of Nantes 237 The King is magnificently Regal'd by the Marquess de Seignelay Page 237 c. The Duke de Mortemar compels the Tripolins to restore their French Slaves 241 242 An Embassy from Tripoli to France 243 The Marquess de Seignelay made Minister of State 244 His Death ibid. A Story of one of his Mistresses ibid. Of the Dissection of his Body 245. Pontchartrain made Minister of State ibid. The Marquess de Louvois's Offices 246 Of Colbert's Children who are alive at present ibid. The END of the TABLE * History of Emeric Count of Tekeli p. 2. * So called from a certain Cap they usually wear * This name is given to publick places of Resort such as Hide-Park where Persons of Quality take the Air. * The Toise commonly contains six Feet * A fine sort of Clay or Plaister * Somewhat more than a Pint. * The Provost of the Merchants may be called in some sense Mayor of Paris Which is a kind of Cloth
ought to present an Account of the Matter of Fact which the Defendant shou'd return corrected And if the two Proctors or Attorneys cannot come to an Agreement concerning the Manner of Pleading the Advocates shou'd endeavour to agree at the Bar or if they cannot reconcile their Differences they shou'd sign a Referment which ought to be indors'd and no Cause brought to Hearing till the Matter of Fact be unexceptionably clear and only some Questions of Law remain to be decided Then he that pleads first shou'd read the Account of the Matter of Fact and afterwards alledge his Reasons to prove his Claim in Law expecting the Reply of the Opponent Thus only rare and nice Causes wou'd be pleaded and the Audience being freed from the overwhelming Multitude of Suits wou'd quickly dispatch all that came before 'em nor wou'd there be any occasion for Rolls Besides the same Custom that is sometimes observ'd at the Chastelet ought to be be introduc'd into the Subaltern Courts The Attorneys shou'd be oblig'd to regulate petty Affairs among themselves and when they cannot agree to referr the Case to an old Practitioner endorsing the Referment from whence an Appeal might be brought before the Tournelle Civile and since 't is to be suppos'd that only important Cases wou'd be pleaded a farther Appeal might be made to the Great Chamber I shall in the next place proceed to some particular Instances and consider the usual Practice with relation to Seizures Arrests Executions and Decrees or Orders for Sale of Goods As for Seizures and Attachments when a Man finds himself unable to pay his Debts he is reduc'd to Beggary with the seiz'd Goods in his possession and during the time that is spent in the Valuation he becomes insolvent or the Summs that were seiz'd are consum'd by the charge of the Distribution This Abuse might be prevented by ordaining that the Debtor should immediately consign assoon as the Goods are seiz'd in his Possession and that the Distribution be made by an old Attorney without any other charge than six Deniers in the Livre As for Executions 't is certain that the charge of the Sale consumes the greatest part of what it amounts to whereas it might be enacted that he who procures the Execution shall take the distrain'd Goods at the price set upon 'em by the Sergeant and that the Owner may claim and recover 'em before a Month be expir'd if he can find one who will allow him a greater Price The case is still worse with respect to Decrees for Sale of Goods the charge of which amounts to excessive Summs But this Grievance might be also redress'd by granting to the Attacher the Enjoyment and Possession of the seiz'd Goods who shou'd be oblig'd to restore the Over-plus of the Price after the satisfaction of his own Claim to be distributed among the Opponents on condition that he may be cast by the same Opponents within a Year reimbursing the principal Summ Interest and Charge I could add many other Remarks on the Forms of Proceeding at Law but I have already said as much on that Subject as the succinctness of my intended History will allow About the same time Nicholas de la Regnie then Master of Requests and now Counsellor of State was made Lieutenant of the Polity or Government of the City of Paris which would have certainly receiv'd great Advantages by this new-created Office if a larger Jurisdiction had been annex'd to it and if at the same time some necessary Regulations had been made for the security of the City and of Trade 'T is true that new Magistrate has redress'd several Abuses and in some measure suppress'd the Insolency of Robbers which was grown so intolerable that 't was not safe to walk in the Night without a Guard But the City is not perfectly freed from that inconveniency for the Watch-men are either Robbers themselves or in League with others that are so and the Commissaries of the Chastelet are too remiss in the performance of their Duty in their respective Wards either out of Carelesness or for fear of hazarding their Lives Nevertheless there might be several Ways found out to put an entire stop to these Disorders The First is to oblige the Owners of Houses or their principal Tenants when the Land-lords do not live in their own Houses to keep their Doors lock'd after Nine a-clock at night in Winter and Ten in Summer so that none can go out or come in without their knowledge and to give notice to the Lieutenant of the Polity of those who are wont to go abroad too frequently in the Night that he may proceed against 'em as he shall think fit In the second place the Land-lords or their chief Tenants might be enjoin'd to seize on all the Fire-Arms that are in their Houses and not to restore 'em to the Owners till they take Horse to go into the Countrey Thirdly all Persons should be forbidden to go to the places whither the People resort to smoke Tobacco under pain of being sent to the Galleys for those places are the Rendezvous of Rogues and Disorderly Persons The Fourth and surest way to prevent these Abuses would be to put the Government of the City into the hands of the Citizens who are most concern'd and wou'd consequently be most diligent in the preservation of its Peace and Security And for that effect 't wou'd be expedient in all the Quarters or Wards of the City to establish Captains with their Officers who might be chang'd every three Years These Captains might be oblig'd to keep Registers of all Persons in their respective Wards of their Age Profession and Estate whether they are Boys or Girls in the state of Marriage or of Widowhood So that no Person cou'd come to live in any part of the City without the knowledge and leave of the Captain of that Ward who might be injoyn'd not to grant a permission to that effect till a Certificate were produc'd from the Captain of the Ward where the New-comer had his last abode testifying that there were no Complaints against him all the while he liv'd there and showing the reason of his Removal And if it be a Stranger newly come to Town he might be oblig'd to bring a Certificate to the same purpose from the Magistrates of the City where he liv'd In the mean time since the Captain of the Ward cou'd not be in justice oblig'd to undergo so much trouble without some reward there might be a moderate Fee appointed to be given for every Certificate And besides 't wou'd be convenient in every publick place where Streets meet to set up a Bell of a sufficient bigness to be heard at the Captain 's Lodging and to ring an Alarum on occasion of any Disorder or Tumult whether by Night or by Day And at the same time the Citziens listed in the Company of the Ward might be oblig'd to take Arms and attend the Captain who is to march with his Company
and the Sons of Merchants had the Impudence to add a Coronet to their Coat of Arms because they were possess'd of some Offices These Rhodomontado's occasion'd the Pun of one of our Comical Poets Depuis que dans Paris on s' est emmarquisé On trouve à chaque pas un Marquis supposé In order to the redressing of this Abuse Colbert order'd the Claims of those counterfeit Nobles to be examin'd and all those who pretended a Right to the Privileges of the Nobility were oblig'd to produc'd their Titles before the Intendants of the respective Provinces And besides they who had in publick Deeds assum'd the Title of Knight or Esquire and were not able to prove their Claim to those Honours were not only made liable to the common Taxes but were forced to submit to an extraordinory Assessment Thus you see how diligently Colbert apply'd himself to the Reformation of the State but in the mean time he neglected not the Advancement of his Family The King had declar'd War against Spain in Pursuance of his Right to those Countries in the Netherlands that were laps'd and devolv'd to the Queen and had already made himself Master of several Places the Principal of which were Doüay Tournay Lille Courtray Oudenarde and Charleroy with all the Franche-Comté Clement IX who was lately made Pope had employ'd his Ministers to negotiate a Peace between the two Crowns and the Conferences were appointed to be held at Aix la Chapelle Colbert procur'd the Dignity of his Majesty's Plenipotentiary for his Brother Charles who arriv'd at that City with a Magnificent Equipage and was shortly after follow'd by the Baron de Bergeyk sent in the same Quality by his Catholick Majesty Franciotti the Pope's Nuncio Sir William Temple the English Ambassador and Beverning Ambassador from the States-General performing the Office of Mediatours The French maintain'd that by Right of Devolution which takes place and is in force in the Dutchy of Brabant the Lordship of Mechlin the Marquisate of the Holy Empire the County of Aloste High Guelderland of which Ruremond is the Capital City the County of Namur the Dutchy of Limburg the Lordships of Dalem Valquemburg or Fauquemont Roder-le-Duc and other places beyond the Meuse the County of Arlon the Dutchy of Cambray Franche-Comté and the Dutchy of Luxemburg the Daughters of the first Marriage excluded the Males born in the second To this Right the Spaniards oppos'd the Queen's Renunciation by her Contract of Marriage of her Claim to the Inheritance of the Estates belonging to her Father and Mother pretending that her Renunciation was a Part of the Pyrenean Treaty The French wou'd not allow of that Connexion affirming that they were two separate Acts and besides that the Renunciation was void as relating to an Inheritance that was not yet fall'n and that she cou'd not abrogate the local Custom of those Provinces especially since the Condition of the Renunciation was not accomplish'd the Dowry stipulated by the Contract not being paid and 't was further alledg'd that she never renounc'd the Inheritance of her Brother Prince Baltasar who inherited the Dowry of Elizabeth of France his Mother Tho' all these Reasons were more than sufficient to assert the Queen's Right and tho' the King was able to maintain her Title by his Arms he chose rather to relinquish part of it for the Love of Peace He offer'd to restore Franche-Comté that belong'd to him both by Right of Succession and of Conquest and to content himself with the Places he had taken in Flanders Charles Colbert made the Spaniards and Mediators so sensible of the Reasons on which the King his Master's Claim was founded that the Baron de Bergeyk receiv'd as a Favour the Offers of his most Christian Majesty Thus the Treaty was sign'd on the second of May 1668. and the Brother of our Minister by so successful a Negotiation open'd a way to a higher Preferment Colbert had no reason to complain of the Ingratitude of his Master He was made Secretary of State in the room of Guenegaud and was entrusted with the Management of Affairs relating to the Sea nor were his Performances in that Post unsuitable to the Confidence his Majesty repos'd in him For he was so industrious to augment the Naval Forces that the King may style himself Master of the Sea since in the time of Peace there is no Nation that dares refuse to salute his Flags That Minister who made it his principal Care to enrich his Master by suppressing all the Rights and Offices that might be chargeable to him began with the Parisis and the Rents upon the Entries that were created on the Third Peny and a half and yielded Interest at the Seventh Peny there being only a Fund for two Quarters The Duties on the Gabels of Languedoc and the Offices of the King's Advocate and Attorney for the Garners and Chambers of that Province had the same Fate and since he cou'd easily exact the Taxes impos'd on those who had been concern'd in publick Business out of the Reimbursements that were due to 'em from the suppress'd Rights Rents and Offices he procur'd by the Edict that abrogated the Chamber of Justice all those that were tax'd to be restor'd to their Lands or Immoveable Estates that had been seiz'd and even order'd to be sold contenting himself with retaining their Reimbursements But he excluded from receiving any Benefit by that Act of Grace the three Treasurers of the Exchequer the Monerot's Languet Bance and the Heirs of Girardin for the Reasons alledg'd in the Beginning of his Life In the mean time perceiving the King's Zeal for the Extirpation of Heresie he suppress'd the Chamber instituted by the Edicts of Paris and Rhoan tho' they were not equally divided as those of Castres and Guien which were abrogated some Years before but admitted only one Huguenot Counsellour every Year 'T is true there was also one of that Perswasion in each of the Courts of Inquest but afterwards as their Places became vacant they were supply'd by Catholicks At the same time there was a Tournelle Civile erected to judge of all Causes under 1000 Crowns to ease the Great Chamber and Courts of Inquest whither all the Suits were transferr'd that were depending in the Chamber of the Edict at the time of its Suppression And besides the Form of the Court of Vacations was chang'd for whereas formerly each President à Mortier presided in it for the Space of a Week and Affairs of small Importance were determin'd there by a definitive Sentence two Presidents were appointed every Year one to preside in the others Absence from the 9th of September to S. Simon and Jude's Day and its Jurisdiction was confin'd to Matters implying a Condition or Proviso These new Creations are of no great Importance nor do they afford Matter for Variety of Reflections but 't will not be improper to insist somewhat longer on the Examination of the Criminal Code the Regulation of the Council and the
Orders for the Committimus or Special Letters of Priviledge The Criminal Code is as useless as the Civil for Affairs of small Importance are oftentimes kept longer in Agitation than Prosecutions for the most enormous Crimes and the Judges neglect these Cases in which the Publick is most deeply concern'd especially if there be no private Person to carry on the Pursuit at his proper Cost These Abuses proceed from a twofold Cause First the Lieutenant Criminal of the Chastelet is overcharg'd with Multiplicity of Business for I mention only that Officer because in other Courts of Justice Affairs are dispatch'd with greater Expedition Secondly the Forms of Proceeding are too long both at the first hearing and after an Appeal Now to enable the Lieutenant Criminal to use greater Expedition in the dispatching of all sorts of Affairs and not to neglect those that are not manag'd by a private Person I wou'd appropriate to the Courts of Request in the Palace the Cognizance and Judgment of all Actions and Pursuits against Gentlemen and to restrain private Persons from entering their Accusations against Noble Persons before the above-mention'd Officer I would have the Courts of Request in the Palace abrogate and cancel all that is done at the Chastelet to the Prejudice of their Jurisdiction and if Gentlemen be not directly comprehended in the Accusation but involv'd in it by the Examination of others that are accus'd in that Case the Lieutenant Criminal shou'd be oblig'd to remit the Process to the Courts of Request and in Case of Failure shou'd be liable to be call'd in question and even interdicted by those Courts if they think fit I wou'd also appropriate to the Provost of the Isle of France and the Lieutenant of the short Robe the Cognizance of all Causes and Criminal Actions against Persons that have no Habitation in which number shou'd be comprehended all Pages or Valets de Chambre Servants that wear Livery and Vagabonds that have no other Employment than to wander about the Streets tho' they lodge not in a furnish'd Room One of these Officers might be appointed to judge and take Cognizance of all Crimes committed in the Country and the other of those that are committed in the City with an express Prohibition to the Lieutenant Criminal and Commissaries of the Chastelet to proceed against Persons of that Character And to oblige the King's Attorney and Lieutenant of the Short Robe not to suffer those to go unpunish'd who are not charg'd by a private Person I wou'd have all those that are condemn'd to undergo corporal Punishment by the Lieutenant Criminal or Courts of Request to be fin'd also in considerable Summs which shou'd remain as a Fund in the Hands of the Receiver never to be diverted to any other Use but only for the Payment of the Charges and Damages of those who shall pursue these Vagabonds who have nothing to lose and can make no Reparation for private Persons wou'd willingly become Prosecutors if they were sure to recover their Damages As for the Forms of Proceeding 't wou'd be convenient to abolish all Assignments or Appointments over to be heard on a Personal Summons and from the Summons on an Order for Corporal Seizure If there be no cause to require a Warrant for Corporal Seizure 't wou'd be sufficient to take out an Order of the Judge to cite the Person accus'd to appear before him on such a Day and Hour there to be examin'd and interrogated and in case of Non-appearance for the Profit of the Failure the Reparations awarded by a definitive Sentence might be adjudg'd to the King's Attorney and the Accuser without leaving room for an Appeal But the Judges ought to proceed with more Caution in issuing out Orders of Corporal Seizure against Gentlemen and never to give any such Warrants but in case of Capital Crimes whereas on the contrary the Prosecution of Vagabonds shou'd begin with Seizure of their Bodies which shou'd be immediately follow'd with Examination on the Complaint made against 'em and that with Information Banishment is in my Opinion a Punishment that ought never to be inflicted on those who have no Reputation or Sense of Honour for to what purpose shou'd a Sentence be given against a Criminal who is neither afraid of its Execution nor will perform what it ordains 'T is plain then that 't wou'd be a great deal better to order the Men into the King's Service and the Women to be imprison'd or for great Offences to be transported to the American Colonies and the best way to punish those that are rich is to drain their Purses As for Prosecutions of Persons without a particular Description of the Party accus'd the Action ought never to be prepar'd for Hearing nor proceed further than a bare Information for under that Disguise a Design may be carry'd on against Persons of Quality to charge 'em with Crimes of which they were never guilty And besides 't wou'd be highly convenient to regulate the Jurisdictions of Courts and Officers of Justice that there might be no Contests between 'em either by settling the Extent of their Authority or by ordaining that every Action shou'd remain where 't was first enter'd till it be determin'd by a definitive Sentence As for the Council I wou'd take away all Evocations or Removals of Causes from one Court to another and the Rules of Judges which put the Parties to a vast Charge without deciding the Main Suit and create for that Effect a Court of Evocations to sit at Lions or Poictiers which shou'd be compos'd of a President à Mortier and two Counsellours of the Parliament of Paris a President and two Counsellers of the Great Council a President and two Counsellours of the Court of Aids and two Counsellours out of each Parliament and Court of Aids in the Kingdom to be taken one from the Seniors and another from the Juniors and chang'd yearly This Court shou'd judge all Causes remov'd or transferr'd from any other Court whatsoever and to avoid troublesome Enquiries into contested Parentages all the Officers of each Company shou'd be oblig'd to remit their Genealogies into the hands of the Attorney-General containing 16. Quarters of which a Book shou'd be compos'd and re-printed every Year as the State of France with all the Changes and Alterations happening by Death Marriage or Sale of Office Thus when a Cause shou'd happen to be transferr'd the Book of the Genealogies of the Company where the Cause was in dependence might be consulted for a Proof of the controverted Parentage and without further Trouble Letters might be granted under the Great Seal importing a Referment to the Court of Evocations As for the Rules of Judges assoon as a Conflict is form'd instead of taking out a Writ in pursuance of a Judge's Rule Letters of Referment wou'd be dispatch'd to the Court of Evocations The same Court might also be impower'd to judge of Reviews or Appeals of Judgment after the Council upon a Petition
communicated to the Party and his Answer without any other Instruction shou'd conclude that there was an Overture for a Repeal or Review The Constitution of this Court wou'd be attended with one very considerable Advantage as being compos'd of Officers belonging to all the other Courts so that they cou'd not be ignorant of the Customs and Manner of Proceeding in the Companies from whence any Suit might happen to be transferr'd which is the usual Inconveniency of the Removal of a Cause to another Parliament or Court of Aids tho' next to that where the Cause was depending since 't is certain that the Parliament of Paris is not better acquainted with the Customs and Manner of Proceeding in the Parliament of Rhoan than with those that are observ'd in the Parliament of Thoulouse and the same Remark is equally applicable to the rest As for the Reviews of Judgment since they are remitted to the same Chamber the Sentence formerly given is very rarely annull'd afterwards It must be acknowledg'd that the New Regulation of Committimus's or Special Commissions in behalf of priviledg'd Persons to their proper Judges has in a very considerable measure taken care to prevent the abusing of that Privilege by depriving those who have a Right to it of the Power of making use of it for small Summs or of lending their Name to their Friends since they are oblig'd to signifie and give notice of the Assignments they have obtain'd a Year before they can put in their Claims at the Courts of Requests either in the Palace or Town-house for the Payment of what is made over to ' em But 't is no less certain that many important Additions might be made to that Regulation for tho' the Officers of the King and Princes and other priviledg'd Persons ought not to be diverted from giving personal Attendance by going to manage Law-Suits in Places remote from the Court yet their Privileges are attended with this Inconveniency that many Persons are forc'd to relinquish their undoubted Rights merely to avoid a chargeable Journey to Paris And therefore there ought to be a middle way found out to save the Privileges of one Party and the Rights of the other Thus the Intendants of the Place where such Differences arise might take cognizance of those Cases and endeavour to reconcile the contending Parties but if the Agreement seem impracticable the same Officers might transmit to one of the Masters of Requests the respective Instructions and Claims of both Parties with an Extract of 'em and their own Opinion at the end of it And a Report of those Pieces might be made to the Council without further Charge or other Writings on which a Mandamus might be issu'd out In the mean time since the Courts of Request in the Palace ought not in Justice to be left without Employment besides the Right of Judging in Criminal Cases in which Gentlemen are concern'd these Courts ought to have the first Hearing of all Suits and Cases relating to Marriage Separation Controversies about Estates Reclaiming of Vows Testaments Substitutions or Deputations Deeds of Gift and all other provisional Cases whether the Parties concern'd have a Right to the Committimus or not For 't is not suitable to the Dignity of these Courts that consist of Members of Parliament to determine Controversies concerning Heirs Seizures Repairing of Houses Conditions of Service Servants Wages and other petty Cases that ought not to be remov'd out of the Chastelet Besides since there are two of those Courts they might by Turns and from Month to Month take cognizance of Civil and Criminal Cases and 't wou'd be sufficient for the Courts of Request in the Town-House to meddle only with those Cases which they are empower'd to determine Sovereignly and without Appeal There were also Two Edicts publish'd in 1669 one for the Controllment of Warrants or Dispatches and the other relating to the Fines that are to be consign'd for Appeals The first is most certainly advantageous to the Publick because it prevents Ante-dates which were very frequent before tho' at the same time 't wou'd be no less convenient to hinder the counterfeiting of Warrants which might be easily done by obliging the Sergeants to cause 'em to be sign'd by those on whom they are serv'd or in case of Refusal by any other Persons who might be call'd for that purpose and the Refusers might be fin'd on the Verbal Report of the Sergeant attested by two Witnesses signing the same with him But the same Character cannot be given of the other Edict which augments the Charges of those who have the best Right since they must advance the Fine before the Appeal can be judg'd And therefore to make this Edict useful it ought to be provided that the Sentence might be executed without giving Bail till the Appealer had consign'd the Fine which wou'd be more effectual if it were augmented And besides 't wou'd be convenient to oblige the Opponents to acquiesce in the Sentence and the rest to consign before they be admitted to oppone for such a Regulation wou'd lessen the Number of Judgments on Default The Parliament of Thoulouse resolving to hinder the Execution of the Edict for the Controllment of Warrants issu'd out an Order to oblige those who were appointed to levy that Duty to restore a Horse that had been sold for the Payment of the Fine awarded against Deficients The first President was not accessory to the passing of the Order but Colbert gave him to understand that 't was expected the Parliament wou'd cancel it unless they were resolv'd to draw a severe Punishment on the whole Body The same Minister wrote also to the Sollicitor-General and to the Advocates-General exhorting 'em to a more diligent Performance of their Duties for the future The Parliament endeavour'd to ward the Blow and propos'd several other Expedients by which they thought to save their Honour yet at last they were oblig'd to buy their Peace by cancelling the Order But they were not the only Objects of Colbert's Severity for the Lieutenant of the Polity met with a no less rigorous Treatment for endeavouring to oppose the Lease of the little Shops that belong to the King's Domaine under Pretext that it wou'd occasion a Mutiny among the Herring-Sellers nevertheless the Lease pass'd and the Lieutenant was forc'd to truckle The main Design of that Minister in reforming the Manner of Proceeding at Law was to give the People more leisure to apply themselves to Trading for the Advancement of which he procur'd an Edict containing 29 Articles to be register'd the same Year importing the Creation of a Company or Office for Ensuring the Adventurers of France in the City of Paris Several Merchants had found a way to avoid considerable Losses by paying moderate Rates for Ensuring their Vessels and Goods And that all Traders might have the same Advantage of lessening the Hazards they run in the ordinary Course of their Trade for their further Encouragement to undertake and