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
courts of final appeal, and in some cases used this means of appealing
against the decrees of the parlements (_proposition d'erreur, requete
civile, pourvoi en revision_). In these cases the king was supposed to
judge in person; in reality they were examined by the _maitres des
requetes_ and submitted to the royal council (_conseil du roi_), at
which the king was always supposed to be present and which had in itself
no power of giving a decision. For this purpose there was soon formed a
special committee of the council, which was called the _conseil prive_
or _de justice_. At the end of the 15th century, Charles VIII., in order
to relieve the council of some of its functions, created a new final
court, the _grand conseil_, to deal with a number of these cases. But
before long it again became the custom to appeal to the _conseil du
roi_, so that the _grand conseil_ became almost useless. The king
frequently, by means of _lettres de justice_, intervened in the
procedure of the courts, by granting _benefices_, by which rules which
were too severe were modified, and faculties or facilities for
overcoming difficulties arising from flaws in contracts or judgments,
cases at that time not covered by the common law. By _lettres de grace_
he granted reprieve or pardon in individual cases. The most extreme form
of intervention by the king was made by means of _lettres de cachet_
(q.v.), which ordered a subject to go without trial into a state prison
or into exile.
The Church.
The condition of the Church changed greatly during this period. The
jurisdiction of the _officialites_ was very much reduced, even over the
clergy. They ceased to be competent to judge actions concerning the
possession of real property, in which the clergy were defendants. In
criminal law the theory of the _cas privilegie_, which appears in the
14th century, enabled the royal judges to take action against and judge
the clergy for all serious crimes, though without the power of
inflicting any penalties but arbitrary fines, the ecclesiastical judge
remaining competent, in accordance with the privileges of clergy, to try
the offender for the same crime as what was technically called a _delit
commun_. The development of jurisprudence gradually removed from the
_officialites_ causes of a purely secular character in which laymen only
were concerned, such as wills and contracts; and in matrimonial cases
their jurisdiction was limited to those in which the _foedus matrimonii_
was in question. For the acquisition of real property by ecclesiastical
establishments the consent of the king to the amortizement was always
necessary, even in the case of allodial lands; and if it was a case of
feudal tenures the king and the direct overlords alone kept their
rights, the intermediate lords being left out of the question.
Papal encroachments.
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