parlement

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parlement

(pär`ləmənt, Fr. pärləmäN`), in French history, the chief judicial body under the ancien régime. The parlement consisted of a number of separate chambers: the central pleading chamber, called the Grand-Chambre; the Chambre des Requêtes (to deal with petitions) and the Chambre des Enquêtes (to handle inquests); the Chambre de la Tournelle (to settle criminal cases); and finally the Chambre de l'Édit (to process Huguenot affairs), which was active only in the 16th and 17th cent.

Judges

Composed at first of bourgeois judges who obtained vacant seats by election or cooptation, the law courts increasingly became strongholds of a hereditary caste of magistrates. As early as the 14th cent. seats were bought, although the premier président, or parlement head, could only be a royal nominee. Despite several attempts to suppress venality, French monarchs, notably Louis XIV, actually encouraged the trend toward salable judgeships and even attached titles of nobility to them in order to raise funds.

Duties and Powers

At first the duties of the parlement were strictly judicial, but it gradually gained considerable political power through its function of registering all royal edicts and letters patent before they became law. The "right of remonstrance" empowered the parlement to point out any breach of monarchic tradition and thus provided a substantive check on capricious royal authority. The king, however, could force registration if he ordered a special lettre de jussion [peremptory order] or if he held a lit de justice, a solemn meeting of the parlement with the king in personal attendance. Moreover, the parlement lacked any right of political initiative. Its own moves were often dictated by the entrenched selfish interests of its almost exclusively noble members.

History

Origins

Originally there was only the Parlement of Paris, which grew out of the feudal Curia Regis [king's court] and may be said to have had a separate existence from the reign of Louis IX (1226–70). Provincial parlements, similar in organization but less extensive in jurisdictional authority, were established from the 15th cent. onward. In 1789 there were, besides the Parlement of Paris, provincial parlements at Aix-en-Provence, Arras, Besançon, Bordeaux, Colmar, Dijon, Douai, Grenoble, Metz, Nancy, Pau, Rennes, Rouen, and Toulouse.

Opposition to Royal Reforms

From the late 16th cent. onward the parlements systematically opposed royal reform measures. They joined the FrondeFronde
, 1648–53, series of outbreaks during the minority of King Louis XIV, caused by the efforts of the Parlement of Paris (the chief judiciary body) to limit the growing authority of the crown; by the personal ambitions of discontented nobles; and by the grievances of
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 (1648–53), the abortive aristocratic revolution against Cardinal Mazarin. A century later in the parlements protests against a tax on all income from property, including offices such as judgeships, aroused such an uproar that the project eventually collapsed. In the decade after the conclusion (1763) of the Seven Years War, the continuance of wartime taxes was vigorously opposed by the parlements.

Attempts to Abolish the Parlements

Through his chancellor, René de MaupeouMaupeou, René Nicolas de
, 1714–92, chancellor of France (1768–74). He was president of the parlement of Paris before he succeeded his father as chancellor.
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, Louis XV attempted to centralize political control by abolishing the parlements (1771) and substituting law courts that had no influence over policy. The new judicial system eliminated the sale of magistracies, judges becoming appointive salaried officials. After Louis XV's death (1774), however, Louis XVI pacified the privileged classes by restoring the old parlements.

Thereafter clashes over taxation between the crown and the parlements gained momentum. In 1787 and 1788 the Parlement of Paris and the provincial parlements successfully opposed the fiscal reforms proposed by Archbishop Loménie de BrienneLoménie de Brienne, Étienne Charles
, 1727–94, French statesman, cardinal of the Roman Catholic Church. He was archbishop of Toulouse (1763–88) and of Sens (1788) and a member of the French Academy.
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 to save France from bankruptcy; they claimed that only the three estates of the kingdom gathered in the States-General possessed the authority to pass on new taxes. In May, 1789, Louis XVI finally summoned the States-GeneralStates-General
or Estates-General,
diet or national assembly in which the chief estates (see estate) of a nation—usually clergy, nobles, and towns (or commons)—were represented as separate bodies.
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, a move that started the French RevolutionFrench Revolution,
political upheaval of world importance in France that began in 1789. Origins of the Revolution

Historians disagree in evaluating the factors that brought about the Revolution.
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. As bastions of reaction and privilege, the parlements were among the first institutions to be abolished in the early days of the Revolution.

Bibliography

See J. H. Shennan, The Parlement of Paris (1968).

References in periodicals archive ?
Thus, from approximately page 50 onward, Neely provides the story of the decision of the Parlement of Paris that the Estates General should meet in the forms of 1614 favorable to the privileged orders.
And he has shown how much in accordance it was with secular judicial bodies, such as the Parlement of Paris with regard to witchcraft and possession.
41) The Parlement of Paris required this oath of both its avocats and procureurs from 1562; in June of that year two hundred-and-one procureurs took the oath in front of an effigy of Christ on the cross.
Expelled from most of France by the parlement of Paris and by several other parlements, the Jesuits returned when the king granted them clemency.
Twenty-nine "parishioners," many of them well connected with the parlement of Paris or the court and all of them famished for news, gathered regularly in Mme.
The first two volumes covered Rousseau's picaresque early life and his literary career until his sudden flight from France in 1762, following the warrant issued for his arrest after the condemnation of Emile by the parlement of Paris.
Gruder's presentation of the political writings of the period undermines the belief commonly held by historians that the ruling of the Parlement of Paris of September 1788 stirred the third estate to action and turned it against the privileged orders.
47) Yet while the Jansenists remained on the defensive throughout the period from 1729 to 1751, their ideological and organizational development during these years formed the basis, both of their resurgence during the refusal of the sacraments controversy, and their alliance with the Parlement of Paris throughout much of the period from 1751 to 1771.
The author's focus is on the relations between the Parlement of Paris and the king during the reigns of the last three Valois Kings of France.
Here, Garrioch focuses on the middle of the century with extended looks at the riots of 1750 and the battles between the crown and the Parlement of Paris.
The first two substantive chapters of the book focus on the execution of Anne du Bourg, a counselor on the Parlement of Paris, in 1559 and show how some inconvenient realities were edited out of the story of du Bourg's execution so as to represent him as a loyal magistrate sent to death for his faith alone.
The author sets out to explore the full range of positions addressed in this literature concerning the monarchy, the Parlement of Paris, the princes of the blood, the nobility, and the various bodies of the Third Estate as the Frondeurs challenged Anne of Austria and Cardinal Mazarin's management of the country during the minority of Louis XIV.