Parliament (Old Mode)

A Parliament was a sovereign court of justice - higher court as from 1661 - under the Ancien Mode. The Parliaments have also political powers and administrative.

Role

Legal role

The Parliament functions like a Court of Appeal for the businesses concerning the Tiers state and like a county court for the Noblesse.

Since the ordinance of March 11th, 1345 the Parliament includes/understands three rooms: the large-room or room of the plaids, the room of the investigations, and the room of the requests. Its capacity to rule in equity is usually perceived like generator of Arbitraire, and a famous proverb proclaims: “God protects us from the equity of the Parliaments. ”

Legislative role

A Parliament must record the edicts, the royal decrees, and the letters patent, i.e. to transcribe them on the official register so that they become public. The laws thus transcribed are then applicable and opposable with the thirds in the district of the Parliament.

On this occasion, the Parliament has the right of remonstrance, i.e. it can emit of the remarks, even criticisms on the legality of the texts which it must record. This right of remonstrance was allotted to the Parliaments so that they check the agreement of the edict or the ordinance with the former right, the preferences and the habits of the province. Little by little, the Parliaments used this right to become a countervailing power vis-a-vis it monarchical capacity. The king can then address to the Parliament “letters of jussion” and, in the event of refusal of obtempérer, impose his decision on the Parliament by a Lit of justice. The royal decision is then recorded “of the express command of the king”. Henri IV was obliged to move personally in each Parliament to make record the edict of Nantes of 1598 by beds of justice.

Personnel

These courts of justice function with a personnel of Officier S, i.e. administrative officers owners of their load, which forms the “Noblesse de robe” different from the “old nobility”. One distinguishes from the advisers and the presidents who meet for the judgments in various rooms: the large-room, for the most important businesses, the Small tower for the criminal cases, even the room of the tide for the litigations related to the sale of fish.

The Parlement of Paris includes/understands also the even France until the end of the 12th century.

History

At the beginning of the Middle Ages, the court of the king, '' Curia Regis '' surrounded the king for all the businesses of the kingdom. But the development of the royal capacity involved the separation of the Curia Regis in three distinct bodies: the the Council of the king for the political matters, the Room of the accounts for the financial questions, and the Parliament for justice. It is the origin of the Parlement of Paris at the 13th century. The Parliament of Paris is competent on all the kingdom until the 15th century. The clerks are excluded from it in 1319. The Ordonnance of March 11th 1345 organizes it definitively.

Starting from 1422, new Parliaments are created: in Toulouse, in Bordeaux then in large the strongholds attached to the royal field. In all, thirteen Parliaments were set up of 13th at the 18th century.

The Parliaments, and in particular the Parliament of Paris, were always a support of the royalty vis-a-vis papacy for the defense of the church gallicane. During the wars of religion, they are opposed thus to the introduction of the reform tridentine in France, which would reinforce the capacities of the pope. At the end of the wars of religion, Henri IV establishes Parliaments which are faithful for him, in parallel of each existing Parliament (the Parliament of Paris has its double faithful to the monarch with Tours). Gradually, the members of Parliament pass from the one to the other.

The fees registration and of remonstrance allow the Parliaments and mainly the Parliament of Paris to assert a power to control on monarchy. It is in particular the case during the Fronde, of 1648 to 1652. The Parliament of Paris claims the right to control finances of the kingdom. By doing this, he asserts competences of the Parlement of England from which one of the two rooms, the Room of communes, is made up of elected officials, whereas the French Parliament at the time are composed officers whose loads are hereditary.

In 1673, Louis XIV interdict at the Parliaments to make some remark that it is before the recording of the edicts. This muzzled the Parliaments during all its reign. The Parliaments raise the head after death of Louis XIV in 1715, by negotiating their right of remonstrance with the regent Philippe of Orleans, at which they allot, by breaking the will of Louis XIV, the capacities that this last, uncle of the regent, had very strongly limited.

As from 1750, the Parliaments block the reforms of the royal capacity, in particular the principle of equality in front of the tax. Louis XV from now on is decided to limit the Parliaments: in 1771, the chancellor of Maupeou, recently named, removes at the Parliaments of Paris and of Province their political attributions and divides them into six Superior councils. But in 1774, Louis XVI, advised by Maurepas ( “Without Parliament, not of monarchy” ), makes the error to make point out the Parliaments, that which its new chancellor Lamoignon undertakes. Louis XVI will move back from now on each time in front of their opposition. They play a big role in the agitation pre-revolutionist of the years 1780. They are supported by part of the people of which they claim to be the guards against the royal “despotism”. By preventing any reform of this one, they prepare the Révolution, of which they are the first victims: since 1790, the Parliaments are replaced by judges elected and sharpened by the State.

List Parliaments

Resources

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