Part 24 (2/2)
When the blame rested with the King, the Parliament humbly remonstrated or closed the court. When, on the contrary, an officer of finance did not pay the salaries, Parliament sent him the bailiff's usher, and put him under certain penalties until he had done so. The question of salaries was frequently arising. On the 9th of February, 1369, ”the court having been requested to serve without any remuneration for one Parliament, on the understanding that the King would make up for it another time, the n.o.bles of the court replied, after private deliberation, that they were ready to do the King's pleasure, but could not do so properly without receiving their salaries” (Register of the Parliament of Paris).
At the commencement of the fifteenth century, the scale of remuneration was not increased. In 1411 it was raised for the whole Parliament to twenty-five thousand livres, which, calculated according to the present rate, amounted to nearly a million francs. In consequence of financial difficulties and the general distress, the unpleasant question in reference to claims for payment of salaries was renewed, with threats that the course of justice would be interrupted if they were not paid or not promised. On the 2nd of October, 1419, two councillors and one usher were sent to the house of one of the chiefs of finance, with orders to demand payment of the salaries of the court. In October, 1430, the government owed the magistrates two years of arrears. After useless appeals to the Regent, and to the Bishop of Therouanne, the then Chancellor of France, the Parliament sent two of its members to the King at Rouen, who obtained, after much difficulty, ”one month's pay, on the understanding that the Parliament should hold its sittings in the month of April.” In the month of July, 1431, there was another deputation to the King, ”in order to lay before him the necessities of the court, and that it had for some time been prorogued, and was still prorogued, on account of the non-payment of salaries.” After two months of repeated remonstrance, the deputies only bringing back promises, the court a.s.sumed a menacing aspect; and on the 11th of January, 1437, it pointed out to the chancellor the evil which would arise if Parliament ceased to hold its sittings; and this time the chancellor announced that the salaries would be paid, though six months pa.s.sed without any resuit or any practical step being taken in the matter.
This state of affairs grew worse until the year 1443, when the King was obliged to plead with the Parliament in the character of an insolvent debtor, and, in order to obtain remission of part of his debt to the members, to guarantee to them a part of the salt duties.
Charles VII, after having reconquered his states, hastened to restore order. He first occupied himself with the System of justice, the Parliament, the Chatelet, and the bailiwicks; and in April, 1453, in concert with the princes, the prelates, the council of State, the judges, and others in authority, he framed a general law, in one hundred and twenty-five articles, which was considered as the great charter of Parliament (Fig. 308). According to the terms of these articles, ”the councillors are to sit after dinner, to get through the minor causes.
Prisoners are to be examined without delay, and to hold no communication with any one, unless by special permission. The cases are to be carefully gone through in their proper order; for courts are instructed to do justice as promptly for the poor as for the rich, as it is a greater hards.h.i.+p for the poor to be kept waiting than the rich.” The fees of attorneys were taxed and reduced in amount. Those of advocates were reduced ”to such moderation and fairness, that there should be no cause for complaint.” The judgments by commissary were forbidden. The bailiffs and seneschals were directed to reside within their districts. The councillors were ordered to abstain from all communication with the parties in private, and consultations between themselves were to be held in secret. The judgments given in lawsuits were inscribed in a register, and submitted every two months to the presidents, who, if necessary, called the reporters to account for any neglect of duty. The reporter was ordered to draw attention to any point of difficulty arising in a suit, and the execution of sentences or judgments was entrusted to the ushers of the court.
In 1454 the King, in consequence of a difficulty in paying the regular instalments of the usual salaries of the Parliament, created ”after-dinner fees” (_des gages d'apres dinees_) of five sols parisis--more than ten francs of our money--per day, payable to those councillors who should hold a second hearing. Matters did not improve much, however; nothing seemed to proceed satisfactorily, and members of Parliament, deprived of their salaries, were compelled to contract a loan, in order to commence proceedings against the treasury for the non-payment of the amount due to them. In 1493, the annual salaries of Parliament were raised to the sum of 40,630 livres, equal to about 1,100,000 francs.
[Ill.u.s.tration: Fig. 308.--Supreme Court, presided over by the King, who is in the act of issuing a Decree which is being registered by the Usher.--Fac-simile of a Miniature in Camareu of the ”Information des Rois,” Ma.n.u.script of the Fifteenth Century, in the Library of the a.r.s.enal of Paris.]
The first president received 4 livres, 22 solis parisis--about 140 francs--per day; a clerical councillor 25 sols parisis--about 40 francs--and a lay councillor 20 sols--about 32 francs. This was an increase of a fifth on the preceding year. Charles VIII., in thus improving the remuneration of the members of the first court of the kingdom, reminded them of their duties, which had been too long neglected; he told them ”that of all the cardinal virtues justice was the most n.o.ble and most important;” and he pointed out to them the line of conduct they were to pursue. The councillors were to be present daily in their respective chambers, from St. Martin's day to Easter, before seven o'clock in the morning; and from Easter to the closing of Parliament, immediately after six o'clock, without intermission, under penalty of punishment.
Strict silence was enforced upon them during the debates; and they were forbidden to occupy themselves with anything which did not concern the case under discussion. Amidst a ma.s.s of other points upon which directions are given, we notice the following: the necessity of keeping secret the matters in course of deliberation; the prohibition to councillors from receiving, either directly or indirectly, anything in the shape of a douceur from the parties in any suit; and the forbidding all attorneys from receiving any bribe or claiming more than the actual expenses of a journey and other just charges.
The great charter of the Parliament, promulgated in April, 1453, was thus amended, confirmed, and completed, by this code of Charles VIII., with a wisdom which cannot be too highly extolled.
The magistrature of the supreme courts had been less favoured during the preceding reign. Louis XI., that cautious and crafty reformer, after having forbidden ecclesiastical judges to examine cases referring to the revenues of vacant benefices, remodelled the secular courts, but he ruthlessly destroyed anything which offended him personally. For this reason, as he himself said, he limited the power of the Parliaments of Paris and Toulouse, by establis.h.i.+ng, to their prejudice, several other courts of justice, and by favouring the Chatelet, where he was sure always to find those who would act with him against the aristocracy. The Parliament would not give way willingly, nor without the most determined opposition. It was obliged, however, at last to succ.u.mb, and to pa.s.s certain edicts which were most repugnant to it. On the death of Louis XI., however, it took its revenge, and called those who had been his favourites and princ.i.p.al agents to answer a criminal charge, for no other reason than that they had exposed themselves to the resentment of the supreme court.
The Chatelet, in its judicial functions, was inferior to the Parliament, nevertheless it acquired, through its provost, who represented the bourgeois of Paris, considerable importance in the eyes of the supreme court. In fact, for two centuries the provost held the privilege of ruling the capital, both politically and financially, of commanding the citizen militia, and of being chief magistrate of the city. In the court of audiences, a canopy was erected, under which he sat, a distinction which no other magistrate enjoyed, and which appears to have been exclusively granted to him because he sat in the place of _Monsieur Saint Loys_ (Saint Louis), _dispensing justice to the good people of the City of Paris_. When the provost was installed, he was solemnly escorted, wearing his cap, to the great chamber of Parliament, accompanied by four councillors.
[Ill.u.s.tration: Fig. 309.--The Court of a Baron.--Fac-simile of a Woodcut in the ”Cosmographie Universelle” of Munster: in folio, Basle, 1552.]
After the ceremony of installation he gave his horse to the president, who had come to receive him. His dress consisted of a short robe, with mantle, collar turned down, sword, and hat with feathers; he also carried a staff of office, profusely ornamented with silver. Thus attired he attended Parliament, and a.s.sisted at the levees of the sovereign, where he took up his position on the lowest step of the throne, below the great Chamberlain. Every day, excepting at the vintage time, he was required to be present at the Chatelet, either personally or by deputy, punctually at nine in the morning. There he received the list of the prisoners who had been arrested the day before; after that he visited the prisons, settled business of various kinds, and then inspected the town. His jurisdiction extended to several courts, which were presided over by eight deputies or judges appointed by him, and who were created officers of the Chatelet by Louis XII. in 1498. Subsequently, these received their appointments direct from the King. Two auditing judges, one king's attorney, one registrar, and some bailiffs, completed the provost's staff.
[Ill.u.s.tration: Fig. 310.--Sergeants-at-Arms of the Fourteenth Century, carved in Stone.--From the Church of St. Catherine du Val des Ecoliers, in Paris.]
The bailiffs at the Chatelet were divided into five cla.s.ses: the _king's sergeant-at-arms,_ the _sergeants de la douzaine_, the _sergeants of the mace_, or _foot sergeants,_ the _sergeants fieffes_, and the _mounted sergeants_. The establishment of these officers dated from the beginning of the fourteenth century, and they were originally appointed by the provost, but afterwards by the King himself. The King's sergeants-at-arms (Fig. 310) formed his body-guard; they were not under the jurisdiction of the high constable, but of the ordinary judges, which proves that they were in civil employ. The sergeants _de la douzaine_ were twelve in number, as their name implies, all of whom were in the service of the provost; the foot sergeants, who were civilians, were gradually increased to the number of two hundred and twenty as early as the middle of the fifteenth century. They acted only in the interior of the capital, and guarded the city, the suburbs, and the surrounding districts, whereas the mounted sergeants had ”to watch over the safety of the rural parishes, and to act throughout the whole extent of the provost's jurisdiction, and of that of the viscount of Paris.”
In the midst of the changes of the Middle Ages, especially after the communes became free, all those kings who felt the importance of a strict system of justice, particularly St. Louis, Philippe le Bel, and Charles VIII., had seen the necessity of compiling a record of local customs. An edict of 1453 orders that ”the custom shall be registered in writing, so as to be examined by the members of the great council of the Parliament.”
Nevertheless, this important work was never properly carried out, and to Louis XII. is due the honour of introducing a customary or usage law, and at the same time of correcting the various modes of procedure, upon which customs and usages had been based, and which had become singularly antiquated since the edict of 1302.
No monarch showed more favour to Parliament than Louis XII. During his reign of seventeen years we never find complaints from the magistracy for not having been paid punctually. But in contrast with this, on the accession of Francis I., the court complained of not having been paid its first quarter's salary. From that moment claims were perpetually being made; there were continually delays, or absolute refusals; the members were expecting ”remuneration for their services, in order absolutely to enable them to support their families and households.” We can thus judge of the state of the various minor courts, which, being less powerful than the supreme tribunals, and especially than that of Paris, were quite unable to get their murmurings even listened to by the proper authorities.
This sad state of things continued, and, in fact, grew worse, until the a.s.sembly of the League, when Mayenne, the chief of the leaguers, in order to gratify the Parliament, promised to double the salaries, although he was unable to fulfil his promise.
[Ill.u.s.tration: Fig. 311.--Inferior Court in the Great Bailiwick. Adoption of Orphan Children.--Fac-simile of a Woodcut in J. Damhoudere's ”Refuge et Garand des Pupilles, Orphelins:” Antwerp, J. Bellere, 1557.]
Towards the end of the sixteenth century the highest French tribunal was represented by nine superior courts--namely, the Parliament of Bordeaux, created on the 9th of June, 1642; the Parliament of Brittany, which replaced the ancient _Grands-Jours,_ in March, 1553, and sat alternately at Nantes and at Rennes; the Parliament of the Dauphine, established at Gren.o.ble in 1451 to replace the Delphinal Council; the Parliament of Burgundy, established at Dijon in 1477, which took the place of the _Grands-Jours_ at Beaune; the movable Parliament of Dombes, created in 1528, and consisting at the same time of a court of excise and a chamber of accounts; the Parliament of Normandy, established by Louis XII. in April, 1504, intended to replace the Exchequer of Rouen, and the ancient ducal council of the province; the Parliament of Provence, founded at Aix in July, 1501; the Parliament of Toulouse, created in 1301; and the Parliament of Paris, which took precedence of all the others, both on account of its origin, its antiquity, the extent of its jurisdiction, the number of its prerogatives, and the importance of its decrees. In 1551, Henry II. created, besides these, an inferior court in each bailiwick, the duties of which were to hear, on appeal, all matters in which sums of less than two hundred livres were involved (Fig. 311). There existed, besides, a branch of the _Grands-Jours,_ occasionally sitting at Poitiers, Bayeux, and at some other central towns, in order to suppress the excesses which at times arose from religious dissensions and political controversy.
The Parliament of Paris--or _Great French Parliament_, as it was called by Philip V. and Charles V., in edicts of the 17th of November, 1318, and of the 8th of October, 1371--was divided into four princ.i.p.al chambers: the Grand Chamber, the Chamber of Inquiry, the Criminal Chamber, and the Chamber of Appeal. It was composed of ordinary councillors, both clerical and lay; of honorary councillors, some of whom were ecclesiastics, and others members of the n.o.bility; of masters of inquiry; and of a considerable number of officers of all ranks (Figs. 312 to 314). It had at times as many as twenty-four presidents, one hundred and eighty-two councillors, four knights of honour, four masters of records; a public prosecutor's office was also attached, consisting of the king's counsel, an attorney-general and deputies, thus forming an a.s.sembly of from fifteen to twenty persons, called a _college_. Amongst the inferior officers we may mention twenty-six ushers, four receivers-general of trust money, three commissioners for the receipt of goods which had been seized under distress, one treasurer and paymaster, three controllers, one physician, two surgeons, two apothecaries, one matron, one receiver of fines, one inspector of estates, several keepers of refreshment establishments, who resided within the precincts of the palace, sixty or eighty notaries, four or five hundred advocates, two hundred attorneys, besides registers and deputy registers. Down to the reign of Charles VI. (1380--1422) members of Parliament held their appointment by commissions granted by the King, and renewed eaeh session. From Charles VI. to Francis I. these appointments became royal charges; but from that time, owing to the office being so often prost.i.tuted for reward, it got more and more into disrepute.
[Ill.u.s.tration: Fig. 312.--Judge.--From a Drawing in ”Proverbes, Adages, &c.,” Ma.n.u.script of the Fifteenth Century, in the Imperial Library of Paris.]
Louis XI. made the office of member of the Parliament of Paris a permanent one, and Francis I. continued this privilege. In 1580 the supreme magistracy poured 140,000,000 francs, which now would be worth fifteen or twenty times as much, into the State treasury, so as to enable members to sit permanently _sur les fleurs de lis_, and to obtain hereditary privileges. The hereditary transmission of office from father to son dealt a heavy blow at the popularity of the parliamentary body, which had already deeply suffered through shameful abuses, the enormity of the fees, the ignorance of some of the members, and the dissolute habits of many others.
[Ill.u.s.tration: Fig. 313.--Lawyer.--From the ”Danse des Morts” of Basle, engraved by Merian: in 4to, Frankfort, 1596.]
[Ill.u.s.tration: Fig. 314.--Barrister.--From a Woodout in the ”Danse Macabre:” Guyot's edition, 1490.]
[Ill.u.s.tration: Fig. 315.--a.s.sembly of the Provosts.h.i.+p of the Merchants of Paris.--Fac-simile of a Woodcut in ”Ordonnances Royaux de la Jurisdiction de la Prevote des Marchands et Eschevinage de la Ville de Paris:” in small folio, goth. edition of Paris, Jacques Nyverd, 1528.]
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