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 courts of law continued to develop on the lines already laid down.
The parlement, which had come to be a judicial committee nominated every
year, but always consisting in fact of the same persons, changed in the
course of the 14th century into a body of magistrates who were permanent
but as yet subject to removal. During this period were evolved its
organization and definitive features (see PARLEMENT). The provincial
parlements had arisen after and in imitation of that of Paris, and had
for the most part taken the place of some superior jurisdiction which
had formerly existed in the same district when it had been independent
(like Provence) or had formed one of the great fiefs (like Normandy or
Burgundy). It was during this period also that the parlements acquired
the right of opposing the registration, that is to say, the promulgation
of laws, of revising them, and of making representations
(_remontrances_) to the king when they refused the registration, giving
the reasons for such refusal. The other royal jurisdictions were
completed (see BAILIFF, CHATELET). Besides them arose another of great
importance, which was of military origin, but came to include all
citizens under its sway. These were the provosts of the marshals of
France (_prevots des marechaux de France_), who were officers of the
_Marechaussee_ (the gendarmerie of the time); they exercised criminal
jurisdiction without appeal in the case of crimes committed by vagabonds
and fugitives from justice, this class being called their _gibier_
(game), and of a number of crimes of violence, whatever the rank of the
offender. Further, another class of officers was created in connexion
with the law courts: the "king's men" (_gens du roi_), the _procureurs_
and _avocats du roi_, who were at first simply those lawyers who
represented the king in the law courts, or pleaded for him when he had
some interest to follow up or to defend. Later they became officers of
the crown. In the case of the _procureurs du roi_ this development took
place in the first half of the 14th century. Their duty was not only to
represent the king in the law courts, whether as plaintiff or defendant,
but also to take care that in each case the law was applied, and to
demand its application. From this time on the _procureurs du roi_ had
full control over matters concerning the public interest, and especially
over public prosecution. In this period, too, appeared what was
afterwards called _justice retenue_, that is to say, the justice which
the king administered, or was supposed to administer, in person. It was
based on the idea that, since all justice and all judicial power reside
in the king, he could not deprive himself of them by delegating their
exercise to his officers and to the feudal lords. Consequently he could,
if he thought fit, take the place of the judges and call up a case
before his own council. He could reverse even the decisions of the
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