Inaugw al Address. 1X 
mined.(1) It appears, however, from the learned research~ 
es of a modern writer,* to have been a fundamental principle 
of the French Monarchy, that every person who held a mili- 
tary command in chief, was, of right, entitled toa civil Ju- 
risdiction over all whom he led to war-(2) Justice, there- 
fore, was distributed by every feodal Seigneur to his vassals, 
within the limits of his Fief, whether he was a layman or an 
ecclesiastic, for he led them in person against the enemy, if 
he was a layman, and by his substitute (advocatus) if he hap- 
pened to be an ecclesiastic,(3) and, upon the same principle, 
the Liberi or tenants of allodial estates who were led to war 
by the Dukes and Counts were subject to ¢heir jurisdiction. 4) 
The rule of Gecision, however, in every court was the general 
Law of the state, and the King, being the acknowledged 
head of the Government, in all matters, civil and military, 
all proceedings were in his name.(5) 
The Dukes, the Counts and the Seigneurs, iu their res« 
pective jurisdictions, originally decided causes in person, (6) 
but they, afterwards, entrusted this part of their duty to 
others. ‘The officer who was appointed for the purpose by 
a Seigneur, was sometimes, called a Seneschal,t+ hut, most 
commonly, a Bailiff which, in the language of those days, 
imported a guardian or protector of Justice, (7) and those 
who were named by the Dukes and Counts, were called 
Viscounts, 
(1) Robertson’s Charles V, 1st p. 304. *Montesquieu. 
(2) Montesquieu, lib. 30, cap. 18—Répert. Svo. vol. 25, p. 6. Loyseau 
des Seigneuries, cap. 1st sect. 72 and 73. 
(3) Montesquieu, liber 30, cap. 17, vol. 2d. p. 377. , 
(4) Montesquieu, lib. 30 cap. Repert. vol. 6, p. 8—8vo. edit. 
(5) Montesquieu, lib, 30, cap. 17, 
(6) Dictionaire de Jurisprudence, vol. 3. p. 18. col. 1. 
{The title of Senechal imported “ an officer of the household”—Vis- 
counts were said to be ‘ quasi comitum vicem gerentes”—Prevosta 
quasi prwpositi juredicendos—Viguieres “ quasi vicarii comitum,”— 
and Chastelans “ quasi castrorum custodes.’—Loyseau de labus de 
Justice des Villages p. 6. quod vide. 
(7) Eney. Method. yerbo ‘bailiff’ vol, 1. p. 710. Dict. de Droit, 
verbo * builif” Loyseau de lAbus de Justice ie Villages, p. 6, and 
Loyseau des Offices, p. 4. & p. 349, 
