Parlement

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Template:Ancien Régime Parlements (pronounced Image:Ltspkr.png[[Media:Parlement.ogg|Template:IPA]] in French) in ancien régime France were political institutions that developed out of the older king's council. In the thirteenth century, judicial functions were added. Originally, there was only the Parlement of Paris, born out of the king's council (Latin: Curia Regis) in 1307, and located inside the medieval royal palace, now the Paris Hall of Justice. The jurisdiction of the Parlement of Paris covered the entire kingdom. In 1443, following the turmoil of the Hundred Years' War, King Charles VII of France granted Languedoc its own parlement by establishing the Parlement of Toulouse, the first parlement outside of Paris, whose jurisdiction extended over the most part of southern France. From 1443 until the French Revolution several other parlements were created in some provinces of France. However, the Parlement of Paris had the largest jurisdiction of all the parlements, covering the major part of northern and central France, and was simply known as "the Parlement".

All the parlements could issue regulatory decrees for the application of royal edicts or of customary practices; they could also refuse to register laws that they judged contrary to fundamental law or simply as being untimely. Membership in those courts was generally bought from the royal authority; and such positions could be made hereditary by payment of the tax to the King (la Paulette).

1 Political role
2 Judicial proceedings
3 Current usage
4 Notes

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Political role

Image:De Maniban de Cazaubon.jpg In theory, parlements were not legislative bodies. However, they had the duty to record all royal edicts and laws. Some, especially the Parlement de Paris, gradually acquired the habit of refusing to register legislation with which they disagreed until the king held a lit de justice or sent a lettre de cachet to force them to act. Furthermore, the parlements could pass arrêts de réglement, which were laws that applied within their jurisdiction.

In the years immediately before the French Revolution, their extreme concern to preserve ancien régime institutions of bourgeois and noble privilege prevented France from carrying out miscellaneous reforms, especially in the area of taxation, even when those reforms had the support of theoretically absolute monarchs.

This behavior is one of the reasons why, since the French Revolution, French courts have been forbidden by Article 5 of the French civil code to create law and act as legislative bodies, their only mandate being to interpret the law. France, through the Napoleonic Code, was at the origin of the modern system of civil law in which precedents are not as powerful as in countries of common law. Since then, Courts have gradually regained some power, but it is still controversial whether unelected magistrates should gain too much power.

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Judicial proceedings

In civil trials, judges had to be paid épices (literally "spices" – fees) by the parties. Civil justice was out of reach of most of the population, except the most wealthy and well connected.

Regarding criminal justice, the proceedings were markedly archaic. Judges could order suspects to be tortured in order to extract confessions, or induce them to reveal the names of their accomplices: there existed the question ordinaire ("ordinary questioning"), the ordinary form of torture, and the question extraordinaire ("extraordinary questioning"), with increased brutality. There was little presumption of innocence, if the suspect was a mere poor commoner. The death sentence could be pronounced for a variety of crimes, including mere theft; depending on the crime and the social class of the victim, death could be by decapitation with a sword (for nobles), hanging (for most crimes by commoners), the breaking wheel (for some heinous crimes by commoners), and even burning at the stake (for heresy, or advocacy of atheism). Some crimes, such as regicide, exacted even more horrific punishment.