History of the Rise of the Huguenots, Vol. 1Baird, Henry Martyn
History
History of the Rise of the Huguenots, Vol. 1
Baird, Henry Martyn
Huguenots
To their judicial functions, the Parliament of Paris, and to a minor
degree the provincial parliaments, had insensibly added other functions
purely political. In order to secure publicity for their edicts, and
equally with the view of establishing the authenticity of documents
purporting to emanate from the crown, the kings of France had early
desired the insertion of all important decrees in the parliamentary
records. The registry was made on each occasion by express order of the
judges, but with no idea on their part that this form was essential to
the validity of a royal ordinance. Presently, however, the novel theory
was advanced that parliament had the right of refusing to record an
obnoxious law, and that, without the formal recognition of parliament,
no edict could be allowed to affect the decisions of the supreme or of
any inferior tribunal.
[Sidenote: Indulgence of the crown.]
[Sidenote: The Chancellor's oath.]
In the exercise or this assumed prerogative, the judges undertook to
send a remonstrance to the king, setting forth the pernicious
consequences that might be expected to flow from the proposed measure if
put into execution. However unfounded in history, the claim of the
Parliament of Paris appears to have been viewed with indulgence by
monarchs most of whom were not indisposed to defer to the legal
knowledge of the counsellors, nor unwilling to enhance the consideration
of the venerable and ancient body to which the latter belonged. In all
cases, however, the final responsibility devolved upon the sovereign.
Whenever the arguments and advice of parliament failed to convince him,
the king proceeded in person to the audience-chamber of the refractory
court, and there, holding a _lit-de-justice_, insisted upon the
immediate registration, or else sent his express command by one of his
most trusty servants. The judges, in either case, were forced to
succumb--often, it must be admitted, with a very bad grace--and admit
the law to their records. We shall soon have occasion to note one of the
most striking instances of this unequal contest between king and
parliament, in which power rather than right or learning won the day. In
spite, however, of occasional checks, parliament manfully and
successfully maintained its right to throw obstacles in the way of hasty
or inconsiderate legislation. In this it was often efficiently assisted
by the Chancellor of France, the highest judicial officer of the crown,
to whom, on his assuming office, an oath was administered containing a
very explicit promise to exercise the right of remonstrance with the
king before affixing the great seal of state to any unjust or
unreasonable royal ordinance.[35]
[Sidenote: Abuses in the administration of justice.]
Public-domain text, read in full here on John Shaqi.
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