The Close of the Middle Ages, 1272-1494, 3rd Ed.Lodge, Richard, Sir
History
The Close of the Middle Ages, 1272-1494, 3rd Ed.
Lodge, Richard, Sir
Middle Ages
(3) The most famous of the three bodies was the great law-court of
France, the Parliament of Paris. Its functions correspond to those of
the courts of King’s Bench and Common Pleas in England, but its peculiar
history arises from the maintenance of a corporate unity and authority
which the English judges never possessed. Philip IV. not only gave to
the Parliament a separate existence, he also fixed its sessions in
Paris, and organised its three earliest sub-divisions. The _chambre des
requêtes_ decided the lesser cases of first instance brought directly
before the Parliament. The _chambre des enquêtes_ received and prepared
for further consideration all appeals from lower courts. The _grande
chambre_ was the largest and most important of the sub-divisions, and is
often called the Parliament by itself. In it the peers retained the
right of sitting down to the Revolution, but they only appeared on
formal occasions. The _grande chambre_ decided all important appeals,
and cases of first instance concerning the peers, the royal officers,
and the members of the sovereign courts. At first the Parliament only
met twice a year, at Easter and All Saints. But the two sessions proved
insufficient to discharge the growing business of the court, and, later
in the century, it was made a permanent court, and its members were
appointed for life or during the royal pleasure. In addition to its
judicial work, the Parliament had to register all royal edicts, treaties
of peace, and other formal documents. This was originally a duty rather
than a right; and it was not till much later that the Parliament based
upon this practice a claim to remonstrate against, or even to veto, the
edicts of the king.
The organisation of this administrative machinery is the greatest
achievement of Philip IV.’s domestic government. [Sidenote: The
States-General.] But his reign is also noteworthy for the origin of the
States-General, which at one time promised to become the basis of a
constitutional system of government such as was our Parliament
established in England, but was ultimately crushed into insignificance
by the crown which had created it as a mere instrument to serve its own
ends. The first meeting was held in 1302, when Philip wished to parade
the unanimity of his subjects in opposing the pretensions of Boniface
VIII. They were summoned again in 1308 to condemn the Templars, and in
1314 to support the king in a renewed war with Flanders. Philip may have
found a model for these assemblies either in the provincial estates of
Languedoc and Brittany, or in the Cortes of Castile and Aragon, but it
is more than probable that he was inspired by the example of his great
contemporary, Edward I. of England, who in 1295 had summoned the famous
‘model parliament,’ and had himself in 1301 obtained a protest against
the papal claims from a parliament at Lincoln.
Public-domain text, read in full here on John Shaqi.
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