(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Political Science Of The State"

INSTITUTIONS,  LOCAL AND  SELF  GOVERNMENTS.      361
decided bore the name of pa?-lament in the thirteenth century.
It would seem that at first the king presided in both, but
rarely took his seat in the court of justice. The separation
which commenced under Philip Augustus (A.D. 1180-1223)
was made complete under Louis IX. (1226-1270). The
sittings were to be at Paris. The members who attended
were chiefly councillors skilled in law, the grandees apparently
feeling their incompetence to deal with such matters. The
process was either by arrets, that is by decisions on prepared
cases submitted by the advocates of the parties, or enquetes,
where the evidence was brought before the parliament itself.
Besides these proceedings, mandates or precepts were issued,
granting a time within which the parties could make up their
cases. The competence of the parliament included especially
cases of appeal from the provinces, cases of the king against
a town, cases where a commune had a litigation with its feud-
al lore! in regard to the extent of its jurisdiction under its
charta.
The parliament of Paris received its substantial form un-
der Louis IX. ; but successive ordinances from the reign of
Philip the Fair to the "great ordinance" so called, of 1453,
completed its organization. Instead of changing at each
session in its composition, it consisted of the same members,
who at length were appointed for life. It was now composed
of both paid and other members ; those who received no pay
answering to the principal persons invited to the old curia
regis, who however tried to get rid of the service, as much as
possible, and only appeared on special occasions. Prelates
could not be chosen as ordinary members of the parliament,
and not long afterwards baillis and seneschals were forbidden
to sit in them. There was, under Philip the Fair, a division
of the parliament into two chambers corresponding with the
special business. The chamber of arrets or decrees, was es-
pecially called the parliament; while that of enquetes was
itself divided into two, and in 1320 a chamber of requ'etes was
added. In the fourteenth and fifteenth centuries other par-
liaments, sometimes looked on as branches of that at Paris,