The political testament of M. Jean Baptist Colbert, minister and Secretary of State wherein is contain'd all that hath pass'd under the reign of Lewis the XIV unto the year 1684 : with remarks upon the government of the kingdom of France / translated out of French.

CHAP. XIII. Of Lawyers, or those concern'd in the admini∣stration of Justice.

IT may be thought strange, I should main∣tain, that they who are employ'd in the ad∣ministration of Justice, are a Sort of People that ought to be destroy'd: As if I thereby de∣sign'd to introduce Libertinism and Violence, two Things intolerable in a Kingdom. But tho' I maintain that the rooting out of these People, is the way to reform all Abuses, and make the Kingdom flourish; yet let it not be thought, I any more intend Justice should be banish'd, than the Fear of God and the King. There are ways of doing Justice, without making it so charge∣able to the People, and it may be done with ease, by putting what I am about to say, in practice.

That which makes those who administer Ju∣stice, so burthensome to the People; is the Sale of their Offices and Places, introduc'd by the Kings your Majesty's Predecessors, and by Taxes from time to time laid upon them, which they must have out of those that unhappily fall into

their Clutches; but fearing it would make too great a Noise, should they flea them all at once, they prolong suits, and fleece them by Degrees, that their Robberies may not be perceiv'd. They will have the last drop of their Clients Blood, a Misery to which all they that go to Law are ex∣pos'd; a Man must leave his Business at home, to run about solliciting, and sometimes lye in Town many Years, to lose his Quiet and waste his Estate, and in truth, to lead as wretched a Life as the Galley Slaves. Would there be any need of this, if Justice were honestly and duly administred? Of what nature soever any Cause be, is there a necessity of disguising it with so many Forms of Proceedings? If Truth be uni∣form and naked, why is it represented in so ma∣ny Colours? To remedy this, let all the present Forms of Prosecuting Law Suits be abo∣lish'd; and for the future, let Causes be deter∣min'd as they are in Turky, or by Consuls upon the Place, without having any thing to do with green Bags, and Bundles of old Papers. But it being impossible to make Men leave a Knavish Trade, by which they get their Living, there is no way to reform so great an Abuse, but to cut it up by the Roots.

This may be easily done, if your Majesty will but sup∣press the Paulette, which

tho' it brings a great Revenue to your Majesty, by annual Payments and Loanes, yet not compa∣rable to the Benefit which the taking of it quite away will be, not only to the Publick, but to your Majesty in particular. I have already said, that they who are concern'd in the administra∣tion of Justice, cost your People Two Hundred Millions Yearly; which will be easily made out, if we consider what a vast number of Blood-Suckers are to be maintain'd, and what great Charges People are put to in going to Law. A poor Country-man that is Plaintif or Defendant, doth not only lose his Money, but what is dearer to him his Time. How can he get his Living, when he is forc'd to run solliciting from House to House, the Doors being often shut against him, if he has not a Silver Key to open 'em.

The Benefit all People would find, by having Justice administer'd in another manner than now it is; is so visible, that I need not say much to prove it. 'Tis evident that your Majesty and the whole Kingdom, will reap very great advan∣tage by it. Your People would be much eas'd, their Purses less drain'd, and they would be bet∣ter able to supply your Majesty's Wants; and when this Generation of Leeches has nothing to do, they will be forc'd to follow some other Trade, more beneficial to Monarchy. Some would turn Souldiers, especially those that are Rich, and would vie with People of Quality: others would become Merchants or Bankers, which would be of equal Advantage to your Majesty▪ For the more Souldiers you have, the more Formidable you will be to your Enemies;

and the more Merchants you have, the more will your Kingdom flourish. These two Professions and Tillage, are enough to compleat its prospe∣rity, but I will add one thing more, which shall be mention'd hereafter; and when I have given my Reasons for it, let Peoples Prejudice against it be never so great, yet I hope they will be of my mind. But I must first finish this Chapter, which would be very imperfect, if I did not shew in what manner I would have Justice admi∣nister'd, when the present practice in the Admi∣nistration of it, and all Offices and Places be longing to it, are quite laid aside and supprest.

In the Jurisdiction of every Bayliwick, I would have your Majesty make choice of Three understanding Persons; and make them Judges of all Differences that should arise there; these Three should be chosen out of the Clergy, the Gentry, and the Third State. Every one should plead his own Cause, and he that was not able to do it himself, should get a Friend to plead for him. All Papers and Writings relating to the Cause, should be brought in, and laid on the Ta∣ble. No Process should be issued, nor any Mo∣ney paid for hearing the Cause. The Party condemn'd should not only pay Costs, but like∣wise a Fine. There may lie an Appeal to your Majesty, and for that, there should be a certain number of Judges establish'd in Paris, whereof, some should take Cognizance of the Appeals of one Province, and some of another, but no long∣er than for one Year only, and at the end of that time they should change their Offices one with another. Their Salaries like those given

to the Judges of Provinces, should be paid by the People, for which there should be a Tax laid upon them▪ like that which is levied for your Majesty.

If this were done, there would be an end of all Process, and your People will eternally bless your Majesty, for having restor'd to them Peace and Plenty, by so excellent a Regulation.

Notes

• Is the Sixtieth part of the Price of any Of∣fice in the Law or the Finances, which is annu∣ally paid▪ to the King by all Officers, that they may have leave to sell or to dispose of their Pla∣ces during that Year, and when an Officer dies without paying la Paulette his Heirs lose the Benefit of his place. It takes its Name from Charles Paulet, who invented it about the Year 1600▪ and was authoriz'd by an Arrest of the Privy Council the 12th of Dec. 1604.