The same Subject continued.
THE judiciary forms introduced by St. Lewis fell into disuse. This prince had not so much in view the thing itself, that is, the best manner of trying causes, as the best manner of supplying the ancient practice of trial. The principal intent was to give a disrelish of the ancient jurisprudence, and the next to form a new one. But when the inconveniencies of the latter appeared, another soon succeeded.
The institutions of St. Lewis did not therefore so much change the French jurisprudence, as they afforded the means of changing it; they opened new tribunals, or rather ways to come at them. And when once the public had easy access to the superior courts, the judgments which before constituted only the usages of a particular lordship, formed an universal digest. By means of the institutions, they had obtained general decisions, which were entirely wanting in the kingdom: when the building was finished, they let the scaffold fall to the ground.
Thus the institutions produced effects which could hardly be expected from a master-piece of legislation. To prepare great changes, sometimes whole ages are requisite; the events ripen, and the revolutions follow.
The parliament judged in the last resort of almost all the affairs of the kingdom. Before, it took cognizance only of disputes between the dukes, counts, barons, bishops, abbots, or between the king and his vassals, rather in the relation they had to the political, than to the civil order. They were soon obliged to render it permanent, whereas it used to be held only a few times in a year: and, in fine, a great number were created, in order to be sufficient for the decision of all manner of causes.
No sooner was the parliament become a fixed body, than they began to compile its decrees. John de Monluc, under the reign of Philip the Fair, made a collection, which, at present, is known by the name of the Olim registers.