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
whose names were on the list being capable of sitting in it. Its main
function had come to be that of a final court of appeal. At the various
sessions, which were regularly held at Paris, appeared the _baillis_ and
seneschals, who were called upon to answer for the cases they had judged
and also for their administration. The accounts were received by members
of the parlement at the Temple, and this was the origin of the Cour or
Chambre des Comptes.
Nobles, commons and the Church in the 13th century.
At the end of this period the nobility became an exclusive class. It
became an established rule that a man had to be noble in order to be
made a knight, and even in order to acquire a fief; but in this latter
respect the king made exceptions in the case of _roturiers_, who were
licensed to take up fiefs, subject to a payment known as the _droits de
franc-fief_. The _roturiers_, or villeins who were not in a state of
thraldom, were already a numerous class not only in the towns but in the
country. The Church maintained her privileges; a few attempts only were
made to restrain the abuse, not the extent, of her jurisdiction. This
jurisdiction was, during the 12th century, to a certain extent
regularized, the bishop nominating a special functionary to hold his
court; this was the _officialis_ (Fr. _official_), whence the name of
_officialite_ later applied in France to the ecclesiastical
jurisdictions. On one point, however, her former rights were diminished.
She preserved the right of freely acquiring personal and real property,
but though she could still acquire feudal tenures she could not keep
them; the customs decided that she must _vider les mains_, that is,
alienate the property again within a year and a day. The reason for this
new rule was that the Church, the ecclesiastical establishment, is a
proprietor who does not die and in principle does not surrender her
property; consequently, the lords had no longer the right of exacting
the transfer duties on those tenures which she acquired. It was
possible, however, to compromise and allow the Church to keep the tenure
on condition of the consent not only of the lord directly concerned, but
of all the higher lords up to the _capitalis dominus_; it goes without
saying that this concession was only obtained by the payment of
pecuniary compensations, the chief of which was the _droit
d'amortissement_, paid to these different lords. In this period the form
of the episcopal elections underwent a change, the electoral college
coming to consist only of the canons composing the chapter of the
cathedral church. But except for the official candidatures, which were
abused by the kings and great lords, the elections were regular; the
Pragmatic Sanction, attributed to Saint Louis, which implies the
contrary, is nowadays considered apocryphal by the best critics.
Changes in criminal law.
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