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s or Institutions of St。 Louis； and of the Roman law。 Beaumanoir made very little use of the latter； but he reconciled the ancient French laws to the regulations of St。 Louis。
I have a notion； therefore； that the law book known by the name of the Institutions was compiled by some bailiffs； with the same design as that of the authors of those two Works； and especially of Défontaines。 The title of this work mentions that it is written according to the usage of Paris； Orleans； and the court of Barony； and the preamble says that it treats of the usage of the whole kingdom； of Anjou and of the court of Barony。 It is plain that this work was made for Paris； Orleans and Anjou； as the works of Beaumanoir and Défontaines were framed for the counties of Clermont and Vermandois； and as it appears from Beaumanoir that divers laws of St。 Louis had been received in the courts of Barony； the compiler was in the right to say that his work related also to those courts。＇285＇
It is manifest that the person who composed this work compiled the customs of the country together with the laws and Institutions of St。 Louis。 This is a very valuable work； because it contains the ancient customs of Anjou； the Institutions of St。 Louis； as they were then in use； and； in fine； the whole practice of the ancient French law。
The difference between this work and those of Défontaines and Beaumanoir is its speaking in imperative terms as a legislator； and this might be right； since it was a medley of written customs and laws。
There was an intrinsic defect in this compilation； it formed an amphibious code； in which the French and Roman laws were mixed； and where things were joined that were in no relation； but often contradictory to each other。
I am not ignorant that the French courts of vassals or peers； the judgments without power of appealing to another tribunal； the manner of pronouncing sentence by these words 〃I condemn〃 or 〃I absolve；〃＇286＇ had some conformity to the popular judgments of the Romans。 But they made very little use of that ancient jurisprudence； they rather chose that which was afterwards introduced by the emperor； in order to regulate； limit； correct； and extend the French jurisprudence。
39。 The same Subject continued。 The judiciary forms introduced by St。 Louis 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 inconveniences of the latter appeared； another soon succeeded。
The Institutions of St。 Louis 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 a 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 masterpiece of legislation。 To prepare great changes whole ages are sometimes requisite； the events ripen； and the revolutions follow。
The parliament judged in the last resort of almost all the affairs of the kingdom。 Before；＇287＇ it took cognizance only of disputes between the dukes； counts； barons； bishops； abbots； or between the king and his vassals；＇288＇ rather in the relation they bore 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 had the parliament become a fixed body； than they began to compile its decrees。 Jean de Monluc； in the reign of Philip the Fair； made a collection which at present is known by the name of the Olim registers。＇289＇
40。 In what Manner the judiciary Forms were borrowed from the Decretals。 But how comes it； some will ask； that when the Institutions were laid aside； the judicial forms of the canon law should be preferred to those of the Roman？ It was because they had constantly before their eyes the ecclesiastic courts； which followed the forms of the canon law； and they knew of no court that followed those of the Roman law。 Besides； the limits of the spiritual and temporal jurisdiction were at that time very little understood； there were people who sued indifferently＇290＇ and causes that were tried indifferently； in either court。＇291＇ It seems＇292＇ as if the temporal jurisdiction reserved no other cases exclusively to itself than the judgment of feudal matters；＇293＇ and of such crimes committed by laymen as did not relate to religion。 For＇294＇ if on the account of conventions and contracts； they had occasion to sue in a temporal court； the parties might of their own accord proceed before the spiritual tribunals； and as the latter had not a power to oblige the temporal court to execute the sentence； they commanded submission by means of excommunications。 Under those circumstances； when they wanted to change the course of proceedings in the temporal court； they took that of the spiritual tribunals； because they knew it； but did not meddle with that of the Roman law； by reason they were strangers to it： for in point of practice people know only what is really practised。
41。 Flux and Reflux of the ecclesiastic and temporal Jurisdiction。 The civil power being in the hands of an infinite number of lords； it was an easy matter for the ecclesiastic jurisdiction to gain daily a greater extent。 But as the ecclesiastic courts weakened those of the lords； and contributed thereby to give strength to the royal jurisdiction； the latter gradually checked the jurisdiction of the clergy。 The parliament； which in its form of proceedings had adopted whatever was good and useful in the spiritual courts； soon perceived nothing else but the abuses which had crept into those tribunals； and as the royal jurisdiction gained ground every day； it grew every day more capable of correcting those abuses。 And； indeed； they were intolerable； without enumerating them I shall refer the reader to Beaumanoir； to Boutillier and to the ordinances of our kings。＇295＇ I shall mention only two in which the public interest was more directly concerned。 These abuses we know by the decrees that reformed them； they had been introduced in the times of the darkest ignorance； and upon the breaking out of the first gleam of light； they vanished。 From the silence of the clergy it may be presumed that they forwarded this reformation： which； considering the nature of the human mind； deserves commendation。 Every man that died without bequeathing a part of his estate to the church； which was called dying 〃without confession；〃 was deprived of the sacrament and of Christian burial。 If he died intestate； his relatives were obliged to prevail upon the bishop that he would； jointly with them； name proper arbiters to determine what sum the deceased ought to have given； in case he had made a will。 People could not lie together the first night of their nuptials； or even the two following nights； without having previously purchased leave； these； indeed； were the best three nights to choose； for as to the others； they were not worth much。 All this was redressed by the parliament： we find in the glossary of the French law；＇296＇ by Ragau； the decree which it published against the Bishop of Amiens。＇297＇
I return to the beginning of my chapter。 Whenever we observe in any age or government the different bodies of the state endeavouring to increase their authority； and to take particular advantages of each other； we should be often mistaken were we to consider their encroachments as an evident mark of their corruption。 Through a fatality inseparable from human nature； moderation in great men is very rare： and as it is always much easier to push on force in the direction in which it moves than to stop its movement； so in the superior class of the people； it is less difficult； perhaps； to find men extremely virtuous； than extremely prudent。
The human mind feels such an exquisite pleasure in the exercise of power； even those who are lovers of virtue are so excessively fond of themselves that there is no man so happy as not still to have reason to mistrust his honest intentions； and； indeed； our actions depend on so many things that it is infinitely easier to do good； than to do it well。
42。 The Revival of the Roman Law； and the Result thereof。 Change of Tribunals。 Upon the discovery of Justinian's digest towards the year 1137； the Roman law seemed to rise out of its ashes。 Schools were then established in Italy； where it was publicly taught； they had already the Justinian code and the Novell？。 I mentioned before that this code had been so favourably received in that country as to eclipse the law of the Lombards。
The Italian doctors brought the law of Justinian into France； where they had only the Theodosian code