Rouen (France) -- Description and travel; Rouen (France) -- History
It had been recognised as early as 1269 that all previous crimes were
pardoned, for the act of pardon granted by the bailli to Nicole
Lecordier in that year speaks of him as "delivre franc et quite de
tous forfes ... quielz qil soient, del tens en arriere jusques au jor
dui." And by 1446 the charter of Charles VII., which is still
preserved in the archives of the Cathedral, announces in May of that
year that the prisoner who raises the Fierte "est absolz du cas pour
le quel il l'a levee et de tous crismes precedents." So that we reach
the astonishing proposition that the Chapterhouse of Rouen enjoyed a
far greater power than even the royal prerogative of mercy, which only
pardoned a specified crime; whereas the Chapterhouse by a kind of
baptism and regeneration from sin, started their prisoner afresh on a
new life without any reference to his past misdeeds. What this
involved I shall show when opportunity arises; but the release of the
accomplices as well as the prisoner was an even more extraordinary
extension of powers. It had already taken place before this test case,
in a tavern brawl in 1370, in the crime of two drapers in 1356, and in
a very important example when Guillaume Yon with another man of
Pavilly were released after the slaying of a butcher; and the Seigneur
d'Esneval gave sworn testimony that when a friend of the dead butcher
publicly called the accomplice in the crime "a murderer," that
accomplice would have been delivered up to justice if the principal
had not carried the Fierte. The retrospective action of the pardon on
the principal also extended to his accomplices, who began life afresh
just as he did. And this extension was solemnly confirmed at the
inquiry, from which I have just quoted. There is no doubt, however,
that so excessive a "prolongation" of the powers of pardon cannot have
been allowed throughout the whole history of the Fierte; for public
opinion could scarcely have permitted a gang of ruffians every year to
return to the full privileges enjoyed by their more honest comrades.
So at the end of the fifteenth, and again at the end of the sixteenth
century, we find it laid down that only those crimes _named_ by the
prisoner should be pardoned, if the Chapter thought fit, and that only
those accomplices who appeared _with him_ in the procession should
share in his pardon.
It was only in April 1407 that this long appeal was finally decided in
favour of the two accomplices of Maignart, who bore the Fierte
thirteen years before. But the Chapterhouse took good care that so
much tedious and costly legal work should not be thrown away, and the
strength of the precedents and charters they secured at this time was
never entirely lost while the "Privilege" existed in Rouen at all.
Public-domain text, read in full here on John Shaqi.
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