Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
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Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
illustrious representatives of which were Jacques Cujas, Hugues Doneau
and Jacques Godefroy; but this study had only slight influence on
practical jurisprudence. Certain institutions, however, such as
contracts and obligations, were regulated throughout the whole of France
by the principles of Roman law.
Legislation by _ordonnances, edits, declarations_ or _lettres patentes_,
emanating from the king, became more and more frequent; but the
character of the _grandes ordonnances_, which were of a far-reaching and
comprehensive nature, underwent a change during this period. In the
14th, 15th and 16th centuries they had been mainly _ordonnances de
reformation_ (i.e. revising previous laws), which were most frequently
drawn up after a sitting of the states general, in accordance with the
suggestions submitted by the deputies. The last of this type was the
ordinance of 1629, promulgated after the states general of 1614 and the
assemblies of notables which had followed it. In the 17th and 18th
centuries they became essentially _codifications_, comprising a
systematic and detailed statement of the whole branch of law. There are
two of these series of codifying ordinances: the first under Louis XIV.,
inspired by Colbert and carried out under his direction. The chief
ordinances of this group are that of 1667 on civil procedure (code of
civil procedure); that of 1670 on the examination of criminal cases
(code of penal procedure); that of 1673 on the commerce of merchants,
and that of 1681 on the regulation of shipping, which form between them
a complete code of commerce by land and sea. The ordinance of 1670
determined the formalities of that secret and written criminal
procedure, as opposed to the hearing of both parties in a suit, which
formerly obtained in France; it even increased its severity, continuing
the employment of torture, binding the accused by oath to speak the
truth, and refusing them counsel save in exceptional cases. The second
series of codifications was made under Louis XV., through the action of
the chancellor d'Aguesseau. Its chief result was the regulation, by the
ordinances of 1731, 1735 and 1747, of deeds of gift between living
persons, wills, and property left in trust. Under Louis XVI. some
mitigation was made of the criminal law, notably the abolition of
torture.
Land tenure.
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