Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
The legislative power of the crown again began to be exercised during
the 12th century, and in the 13th century had full authority over all
the territories subject to the crown. Beaumanoir has a very interesting
theory on this subject. The right of war tends to regain its natural
equilibrium, the royal power following the Church in the endeavour to
check private wars. Hence arose the _quarantaine le roi_, due to Philip
Augustus or Saint Louis, by which those relatives of the parties to a
quarrel who had not been present at the quarrel were rendered immune
from attack for forty days after it; and above all the _assurements_
imposed by the king or lord; on these points too Beaumanoir has an
interesting theory. The rule was, moreover, already in force by which
private wars had to cease during the time that the king was engaged in a
foreign war. But the most appreciable progress took place in the
administrative and judicial institutions. Under Philip Augustus arose
the royal _baillis_ (see BAILIFF: section _Bailli_), and seneschals
(q.v.), who were the representatives of the king in the provinces, and
superior judges. At the same time the form of the feudal courts tended
to change, as they began more and more to be influenced by the
Romano-canonical law. Saint Louis had striven to abolish trial by
combat, and the Church had condemned other forms of ordeal, the
_purgatio vulgaris_. In most parts of the country the feudal lords began
to give place in the courts of law to the provosts (_prevots_) and
_baillis_ of the lords or of the crown, who were the judges, having as
their councillors the _avocats_ (advocates) and _procureurs_
(procurators) of the assize. The feudal courts, which were founded
solely on the relations of homage and tenure, before which the vassals
and tenants as such appeared, disappeared in part from the 13th century
on. Of the seigniorial jurisdictions there soon remained only the
_hautes_ or _basses justices_ (in the 14th century arose an intermediate
grade, the _moyenne justice_), all of which were considered to be
concessions of the royal power, and so delegations of the public
authority. As a result of the application of Roman and canon law, there
arose the _appeal_ strictly so called, both in the class of royal and of
seigniorial jurisdictions, the case in the latter instance going finally
before a royal court, from which henceforth there was no appeal. In the
13th century too appeared the theory of crown cases (_cas royaux_),
cases which the lords became incompetent to try and which were reserved
for the royal court. Finally, the _curia regis_ was gradually
transformed into a regular court of justice, the _Parlement_ (q.v.), as
it was already called in the second half of the 13th century. At this
time the king no longer appeared in it regularly, and before each
session (for it was not yet a permanent body) a list of properly
qualified men was drawn up in advance to form the parlement, only those
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