Manners, Customs, and Dress During the Middle Ages and During the Renaissance Part 24

In addition to the courts of the counts and bailiffs established in certain of the large towns, aldermanic or magisterial courts existed, which rather resembled the Chatelet of Paris. Thus the _capiloulat_ of Toulouse, the senior alderman of Metz, and the burgomaster of Strasburg and Brussels, possessed in each of these towns a tribunal, which judged without appeal, and united the several functions of a civil, criminal, and simple police court. Several places in the north of France had provosts who held courts whose duties were various, but who were princ.i.p.ally charged with the maintenance of public order, and with suppressing disputes and conflicts arising from the privileges granted to the trade corporations, whose importance, especially in Flanders, had much increased since the twelfth century.

"On his return from abroad, Louis IX. took his seat upon the bench, and administered justice, by the side of the good provost of Paris." This provost was no other than the learned Estienne Boileau, out of respect to whom the provosts.h.i.+p was declared a _charge de magistrature_. The increase of business which fell to the provost's office, especially after the boundaries of Paris were extended by Philip Augustus, caused him to be released from the duty of collecting the public taxes. He was authorised to furnish himself with competent a.s.sistants, who were employed with matters of minor detail, and he was allowed the a.s.sistance of _juges auditeurs_. "We order that they shall be eight in number," says an edict of Philippe le Bel, of February, 1324, "four of them being ecclesiastics and four laymen, and that they shall a.s.semble at the Chatelet two days in the week, to take into consideration the suits and causes in concert with our provost...." In 1343, the provost's court was composed of one King's attorney, one civil commissioner, two King's counsel, eight councillors, and one criminal commissioner, whose sittings took place daily at the Chatelet.

From the year 1340 this tribunal had to adjudicate in reference to all the affairs of the university, and from the 6th of October, 1380, to all those of the salt-fish market, which were no less numerous, so that its importance increased considerably. Unfortunately, numerous abuses were introduced into this munic.i.p.al jurisdiction. In 1313 and 1320, the officers of the Chatelet were suspended, on account of the extortions which they were guilty of, and the King ordered an inquiry to be made into the matter. The provost and two councillors of the Parliament sat upon it, and Philip de Valois, adopting its decisions, prescribed fresh statutes, which were naturally framed in such a way as to show the distrust in which the Chatelet was then held. To these the officers of the Chatelet promised on oath to submit. The ignorance and immorality of the lay officers, who had been subst.i.tuted for the clerical, caused much disturbance. Parliament authorised two of its princ.i.p.al members to examine the officers of the Chatelet. Twenty years later, on the receipt of fresh complaints, Parliament decided that three qualified councillors, chosen from its own body, should proceed with the King's attorney to the Chatelet, so as to reform the abuses and informalities of that court.

[Ill.u.s.tration: Fig. 304.--The King's Court, or Grand Council.--Fac-simile of a Miniature in the "Chroniques" of Froissart, Ma.n.u.script of the Fifteenth Century (formerly in the possession of Charles V), in the Library of the a.r.s.enal, Paris.]

In the time of Philippe le Bel there existed in reality but one Parliament, and that was the _King's Court_. Its action was at once political, administrative, financial, and judicial, and was necessarily, therefore, of a most complicated character. Philippe le Bel made it exclusively a judicial court, defined the territorial limit of its power, and gave it as a judicial body privileges tending to strengthen its independence and to raise its dignity. He a.s.signed political functions to the Great Council (_Conseil d'Etat_); financial matters to the chamber of accounts; and the hearing of cases of heresy, wills, legacies, and dowries to the prelates. But in opposition to the wise edict of 1295, he determined that Jews should be excluded from Parliament, and prelates from the palace of justice; by which latter proceeding he was depriving justice of the abilities of the most worthy representatives of the Gallican Church. But Philippe le Bel and his successors, while incessantly quarrelling either with the aristocracy or with the clergy, wanted the great judicial bodies which issued the edicts, and the urban or munic.i.p.al magistrates--which, being subject to re-election, were princ.i.p.ally recruited from among the bourgeois--to be a common centre of opposition to any attempt at usurpation of power, whether on the part of the Church, the n.o.bility, or the crown.

The Great Days of Troyes (_dies magni Trecenses_), the a.s.sizes of the ancient counts of Champagne, and the exchequer of Normandy, were also organized by Philipe le Bel; and, further, he authorised the maintenance of a Parliament at Toulouse, a court which he solemnly opened in person on the 10th of January, 1302. In times of war the Parliament of Paris sat once a year, in times of peace twice. There were, according to circ.u.mstances, during the year two, three, or four sittings of the exchequer of Normandy, and two of the Great Days of Troyes, tribunals which were annexed to the Parliament of Paris, and generally presided over by one of its delegates, and sometimes even by the supreme head of that high court. At the King's council (Fig. 304) it was decided whether a case should be reserved for the Parliament of Paris, or pa.s.sed on either to the exchequer or to the Great Days of Troyes.

As that advanced reformer, Philippe le Bel, died before the inst.i.tutions he had established had taken root, for many years, even down to the time of Louis XI., a continual conflict for supremacy was waged between the Parliament of Paris and the various courts of the kingdom--between the counts and the Parliament, and between the latter and the King, which, without lessening the dignity of the crown, gradually tended to increase the influence which the judges possessed. Immediately on the accession of Louis le Hutin, in 1314, a reaction commenced--the higher clergy re-entered Parliament; but Philippe le Long took care that the laity should be in a majority, and did not allow that in his council of State the t.i.tled councillors should be more numerous than the lawyers. The latter succeeded in completely carrying the day on account of the services they rendered, and the influence which their knowledge of the laws of the country gave them. As for centuries the sword had ruled the gown, so, since the emanc.i.p.ation of the bourgeois, the lawyers had become masters of the administrative and judicial world; and, notwithstanding the fact that they were still kept in a somewhat inferior position to the peers and barons, their opinion alone predominated, and their decision frequently at once settled the most important questions.

An edict issued at Val Notre-Dame on the 11th of March, 1344, increased the number of members of Parliament, which from that time consisted of three presidents, fifteen clerical councillors, fifteen lay councillors, twenty-four clergymen and sixteen laymen of the Court of Inquiry, and five clergymen and sixteen laymen of the Court of Pet.i.tions. The King filled up the vacant seats on the recommendation of the Chancellor and of the Parliament. The reporters were enjoined to write the decisions and sentences which were given by the court "in large letters, and far apart, so that they might be more easily read." The duties of police in the courts, the keeping of the doors, and the internal arrangements generally for those attending the courts and the Parliament, were entrusted to the ushers, "who divided among themselves the gratuities which were given them by virtue of their office." Before an advocate was admitted to plead he was required to take oath and to be inscribed on the register.

The Parliament as then established was somewhat similar in its character to that of the old national representative government under the Germans and Franks. For centuries it protected the King against the undue interference of the spiritual power, it defended the people against despotism, but it often lacked independence and political wisdom, and it was not always remarkable for its correct appreciation of men and things.

This tribunal, although supreme over all public affairs, sometimes wavered before the threats of a minister or of a court favourite, succ.u.mbed to the influence of intrigues, and adapted itself to the prejudices of the times.

We see it, in moments of error and of blindness, both condemning eminent statesmen and leading citizens, such as Jacques Coeur and Robertet, and handing over to the executioner distinguished men of learning and science in advance of the times in which they lived, because they were falsely accused of witchcraft, and also doing the same towards unfortunate maniacs who fancied they had dealings with the devil.

[Ill.u.s.tration: Fig. 305.--Trial of the Constable de Bourbon before the Peers of France (1523).--From an Engraving in "La Monarchie Francoise" of Montfaucon.]

In the fourteenth and fifteenth centuries all the members of Parliament formed part of the council of State, which was divided into the Smaller Council and the Greater Council. The Greater Council only a.s.sembled in cases of urgency and for extraordinary and very important purposes, the Smaller Council a.s.sembled every month, and its decisions were registered.

From this arose the custom of making a similar registration in Parliament, confirming the decisions after they had been formally arrived at. The most ancient edict placed on the register of the Parliament of Paris dates from the year 1334, and is of a very important character. It concerns a question of royal authority, and decides that in spiritual matters the right of supremacy does not belong more to the Pope than to the King.

Consequently Philippe de Valois ordered "his friends and va.s.sals who shall attend the next Parliament and the keepers of the accounts, that for the perpetual record of so memorable a decision, it shall be registered in the Chambers of Parliament and kept for reference in the Treasury of the Charters." From that time "cases of complaint and other matters relating to benefices have no longer been discussed before the ecclesiastical judges, but before Parliament or some other secular court."

During the captivity of King John in England, royal authority having considerably declined, the powers of Parliament and other bodies of the magistracy so increased, that under Charles VI. the Parliament of Paris was bold enough to a.s.sert that a royal edict should not become law until it had been registered in Parliament. This bold and certainly novel proceeding the kings nevertheless did not altogether oppose, as they foresaw that the time would come when it might afford them the means of repudiating a treaty extorted from them under difficult circ.u.mstances (Fig. 306).

The close connection which existed between the various Parliaments and their political functions--for they had occasion incessantly to interfere between the acts of the government and the respective pretensions of the provinces or of the three orders--naturally increased the importance of this supreme magistracy. More than once the kings had cause to repent having rendered it so powerful, and this was the case especially with the Parliament of Paris. In this difficulty it is interesting to note how the kings acted. They imperceptibly curtailed the various powers of the other courts of justice, they circ.u.mscribed the power of the Parliament of Paris, and proportionately enlarged the jurisdiction of the great bailiwicks, as also that of the Chatelet. The provost of Paris was an auxiliary as well as a support to the royal power, which nevertheless held him in its grasp. The Chatelet was also a centre of action and of strength, which counteracted in certain cases parliamentary opposition.

Thence arose the most implacable rivalries and dissensions between these various parties.

[Ill.u.s.tration: Fig. 306.--Promulgation of an Edict.--Fac-simile of a Miniature in "Anciennetes des Juifs," (French Translation from Josephus), Ma.n.u.script of the Fifteenth Century, executed for the Duke of Burgundy (Library of the a.r.s.enal of Paris.)]

It is curious to notice with what ingenuity and how readily Parliament took advantage of the most trifling circ.u.mstances or of charges based upon the very slightest grounds to summon the officers of the Chatelet before its bar on suspicion of prevarication or of outrages against religion, morals, or the laws. Often were these officers and the provost himself summoned to appear and make _amende honourable_ before the a.s.sembly, notwithstanding which they retained their offices. More than once an officer of the Chatelet was condemned to death and executed, but the King always annulled that part of the sentence which had reference to the confiscation of the goods of the condemned, thus proving that in reality the condemnation had been unjust, although for grave reasons the royal authority had been unable to save the victim from the avenging power of Parliament. Hugues Aubriot, the provost, was thus condemned to imprisonment for life on the most trivial grounds, and he would have undergone capital punishment if Charles V. had abandoned him at the time of his trial. During the English occupation, in the disastrous reign of Charles VI., the Chatelet of Paris, which took part with the people, gave proof of extraordinary energy and of great force of character. The blood of many of its members was shed on the scaffold, and this circ.u.mstance must ever remain a reproach to the judges and to those who executed their cruel sentences, and a lasting crown of glory to the martyrs themselves.

An edict of King John, issued after his return from London in 1363, a short time before his death, clearly defined the duties of Parliament.

They were to try cases which concerned peers of France, and such prelates, chapters, barons, corporations, and councils as had the privilege of appealing to the supreme court; and to hear cases relating to estates, and appeals from the provost of Paris, the bailiffs, seneschals, and other judges (Fig. 307). It disregarded minor matters, but took cognizance of all judicial debates which concerned religion, the King, or the State. We must remark here that advocates were only allowed to speak twice in the same cause, and that they were subjected to fine, or at least to remonstrance, if they were tedious or indulged in needless repet.i.tion in their replies, and especially if they did not keep carefully to the facts of the case. After pleading they were permitted to give a summary in writing of "the princ.i.p.al points of importance as well as their clients'

grounds of defence." Charles V. confirmed these orders and regulations with respect to advocates, and added others which were no less important, among which we find a provision for giving "legal a.s.sistance to poor and dest.i.tute persons who go to law." These regulations of Charles also limited the time in which officers of justice were to get through their business under a certain penalty; they also proclaimed that the King should no longer hear minor causes, and that, whatever might be the rules of the court, they forbad the presidents from deferring their judgment or from r.e.t.a.r.ding the regular course of justice. Charles VI., before he became insane, contributed no less than his father to the establishment on a better footing of the supreme court of the kingdom, as well as that of the Chatelet and the bailiwicks.

[Ill.u.s.tration: Fig. 307.--Bailiwick.--Fac-simile of a Woodcut in the "Cosmographie Universelle" of Munster: in folio, Basle, 1552.]

In the fifteenth century, the Parliament of Paris was so organized as not to require material change till 1789. There were n.o.ble, clerical, and lay councillors, honorary members, and _maitres de requete_, only four of whom sat; a first president, who was supreme head of the Parliament, a master of the great chamber of pleas, and three presidents of the chamber, all of whom were nominated for life. There were fifteen masters (_maistres_) or clerical councillors, and fifteen who were laymen, and these were annually approved by the King on the opening of the session. An attorney-general, several advocates-general, and deputies, who formed a committee or college, const.i.tuted the active part of this court, round which were grouped consulting advocates (_consiliarii_), pleading advocates (_proponentes_), advocates who were mere listeners (_audientes_), ushers and serjeants, whose chief, on his appointment, became a member of the n.o.bility.

The official costume of the first president resembled that of the ancient barons and knights. He wore a scarlet gown lined with ermine, and a black silk cap ornamented with ta.s.sels. In winter he wore a scarlet mantle lined with ermine over his gown, on which his crest was worked on a s.h.i.+eld. This mantle was fastened to the left shoulder by three gold cords, in order to leave the sword-side free, because the ancient knights and barons always sat in court wearing their swords. Amongst the archives of the mayoralty of London, we find in the "account of the entry of Henry V., King of England, into Paris" (on the 1st of December, 1420), that "the first president was in royal dress (_estoit en habit roial_), the first usher preceding him, and wearing a fur cap; the church dignitaries wore blue robes and hoods, and all the others in the procession scarlet robes and hoods." This imposing dress, in perfect harmony with the dignity of the office of those who wore them, degenerated towards the fifteenth century.

So much was this the case, that an order of Francis I. forbad the judges from wearing pink "slashed hose" or other "rakish garments."

In the early times of monarchy, the judicial functions were performed gratuitously; but it was the custom to give presents to the judges, consisting of sweetmeats, spices, sugar-plums, and preserves, until at a subsequent period, 1498, when, as the judges "preferred money to sweetmeats," says the Chancellor Etienne Pasquier, the money value of the spices, &c., was fixed by law and made compulsory. In the bills of expenses preserved among the national archives, we find that the first president of the Parliament of Paris received a thousand _livres parisis_ annually, representing upwards of one hundred thousand francs at the present rate of money; the three presidents of the chamber five hundred livres, equal to fifty thousand francs; and the other n.o.bles of the said Parliament five _sols parisis_, or six sols three deniers--about twenty-five francs--per day for the days only on which they sat. They received, besides, two mantles annually. The prelates, princes, and barons who were chosen by the King received no salaries--_ils ne prennent nuls guaiges_ (law of 27th January, 1367). The seneschals and high bailiffs, like the presidents of the chambers, received five hundred livres--fifty thousand francs. They and the bailiffs of inferior rank were expressly forbidden from receiving money or fees from the parties in any suit, but they were allowed to accept on one day refreshment and bottles of wine.

The salaries were paid monthly; but this was not always done regularly; sometimes the King was to blame for this, and sometimes it was owing to the ill-nature of the chiefs of finance, or of the receivers and payers.

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.]