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
As regards the conferring of ecclesiastical benefices, from the 14th
century onwards the papacy encroached more and more upon the rights of
the bishops, in whose gift the inferior benefices generally were, and of
the electors, who usually conferred the superior benefices; at the same
time it exacted from newly appointed incumbents heavy dues, which were
included under the generic name of annates (q.v.). During the Great
Schism of the Western Church, these abuses became more and more crying,
until by a series of edicts, promulgated with the consent and advice of
the parlement and the clergy, the Gallican Church was restored to the
possession of its former liberties, under the royal authority. Thus
France was ready to accept the decrees of reform issued by the council
of Basel (q.v.), which she did, with a few modifications, in the
Pragmatic Sanction of Charles VII., adopted after a solemn assembly of
the clergy and nobles at Bourges and registered by the parlement of
Paris in 1438. It suppressed the annates and most of the means by which
the popes disposed of the inferior benefices: the reservations and the
_gratiae expectativae_. For the choice of bishops and abbots, it
restored election by the chapters and convents. The Pragmatic Sanction,
however, was never recognized by the papacy, nor was it consistently and
strictly applied by the royal power. The transformation of the civil and
criminal law under the influence of Roman and canon law had become more
and more marked. The production of the _coutumiers_, or _livres de
pratiques_, also continued. The chief of them were: in the 14th century,
the _Stylus Vetus Curiae Parlamenti_ of Guillaume de Breuil; the _Tres
ancienne coutume de Bretagne_; the _Grand Coutumier de France_, or
_Coutumier de Charles VI._; the _Somme rural_ of Boutillier; in the 15th
century, for Auvergne, the _Practica forensis_ of Masuer. Charles VII.,
in an article of the Grand Ordonnance of Montil-les-Tours (1453),
ordered the general customs to be officially recorded under the
supervision of the crown. It was an enormous work, which would almost
have transformed them into written laws; but up to the 16th century
little recording was done, the procedure established by the Ordonnance
for the purpose not being very suitable.
Government under the absolute monarchy.
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