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 ecclesiastical jurisdictions survived to the end, but with
diminished scope. Their competency had been considerably reduced by the
Ordinance of Villers Cotterets of 1539, and by an edict of 1693. But a
series of ingenious legal theories had been principally efficacious in
gradually depriving them of most of the cases which had hitherto come
under them. In the 18th century the privilege of clergy did not prevent
civil suits in which the clergy were defendants from being almost always
taken before secular tribunals, and ever since the first half of the
17th century, for all grave offences, or _cas privilegies_, the royal
judge could pronounce a sentence of corporal punishment on a guilty
cleric without this necessitating his previous degradation. The inquiry
into the case was, it is true, conducted jointly by the royal and the
ecclesiastical judge, but each of them pronounced his sentence
independently. All cases concerning benefices came before the royal
judges. Finally, the _officialites_ had no longer as a rule any
jurisdiction over laymen, even in the matter of marriage, except in
questions of betrothals, and sometimes in cases of opposition to
marriages. The parish priests, however, continued to enter declarations
of baptisms, marriages and burials in registers kept according to the
civil laws.
The "customs."
The general customs of the _pays coutumiers_ were almost all officially
recorded in the 16th century, definite procedure for this purpose having
been adopted at the end of the 15th century. Drafts were prepared by the
officials of the royal courts in the chief town of the district in which
the particular customs were valid, and were then submitted to the
government. The king then appointed commissioners to visit the district
and promulgate the customs on the spot. For the purpose of this
_publication_ the lords, lay and ecclesiastical, of the district, with
representatives of the towns and of various bodies of the inhabitants,
were summoned for a given day to the chief town. In this assembly each
article was read, discussed and put to the vote. Those which were
approved by the majority were thereupon decreed (_decretes_) by the
commissioners in the king's name; those which gave rise to difficulties
were put aside for the parlement to settle when it registered the
_coutume_. The _coutumes_ in this form became practically written law;
henceforward their text could only be modified by a formal revision
carried out according to the same procedure as the first version.
Throughout the 16th century a fair number of _coutumes_ were thus
revised (_reformees_), with the express object of profiting by the
observations and criticisms on the first text which had appeared in
published commentaries and notes, the most important of which were those
of Charles Dumoulin. In the 16th century there had been a revival of the
study of Roman law, thanks to the historical school, among the most
Public-domain text, read in full here on John Shaqi.
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