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
important functions under the form, not of offices, but of simple
commissions.
Fundamental laws of France.
In this period of the history of France were evolved and defined the
essential principles of the old public law. There were, in the first
place, the _fundamental laws of the realm_, which were true
constitutional principles, established for the most part not by law but
by custom, and considered as binding in respect of the king himself; so
that, although he was sovereign, he could neither abrogate, nor modify,
nor violate them. There was, however, some discussion as to what rules
actually came under this category, except in the case of two series
about which there was no doubt. These were, on the one hand, those which
dealt with the succession to the crown and forbade the king to change
its order, and those which proclaimed the inalienability of the royal
domain, against which no title by prescription was valid. This last
principle, introduced in the 14th century, had been laid down and
defined by the edict of Moulins in 1566; it admitted only two
exceptions: the formation of appanages (q.v.), and selling
(_engagement_), to meet the necessities of war, with a perpetual option
of redeeming it.
There was in the second place the theory of the rights, franchises and
liberties of the Gallican Church, formed of elements some of which were
of great antiquity, and based on the conditions which had determined the
relations of the Gallican Church with the crown and papacy during the
Great Schism and under the Pragmatic Sanction of Bourges, and defined at
the end of the 16th and the beginning of the 17th century. This body of
doctrine was defined by the writings of three men especially, Guy
Coquille, Pierre Pithou and Pierre Dupuy, and was solemnly confirmed by
the declaration of the clergy of France, or _Declaration des quatres
articles_ of 1682, and by the edict which promulgated it. Its substance
was based chiefly on three principles: firstly, that the temporal power
was absolutely independent of the spiritual power; secondly, that the
pope had authority over the clergy of France in temporal matters and
matters of discipline only by the consent of the king; thirdly, that
the king had authority over and could legislate for the Gallican Church
in temporal matters and matters of discipline. The old public law
provided a safeguard against the violation of these rules. This was the
process known as the _appel comme d'abus_, formed of various elements,
some of them very ancient, and definitely established during the 16th
century. It was heard before the parlements, but could, like every other
case, be evoked before the royal council. Its effect was to annul any
act of the ecclesiastical authority due to abuse or contrary to French
law. The clergy were, when necessary, reduced to obedience by means of
arbitrary fines and by the seizure of their temporalities. The Pragmatic
Sanction had been abrogated and replaced by the Concordat of 1515,
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