to which every vassal had the right to be tried by his peers, i.e.
by the vassals holding fiefs from the same lord, who sat in
judgment with that lord as their president. This, it is well
known, resulted in the formation of the ancient college of the
peers of France, which consisted of six laymen and six ecclesiastics.
But although in strict logic the feudal causes concerning
them should have been judged by them alone, they could not
maintain this right in the curia regis; the other persons sitting
in it could also take part in judging causes which concerned the
peers. Finally the peers of France, the number of whom was
increased in course of time by fresh royal creations of peerages,
became ex officio members of the Parlement; they were the
hereditary councillors, taking the oath as official magistrates,
and, if they wished, sitting and having a deliberative function
in the Parlement. In suits brought against them personally
or involving the rights of their peerage they had the right of
being judged by the Parlement, the other peers being present,
or having been duly summoned.
While maintaining its unity, the Parlement had been subdivided into several chambres or sections. In the first place there was the Grand Chambre, which represented the primitive Parlement. To it was reserved the judgment in certain important cases, and in it a peculiar procedure was followed, known as oral, though it admitted certain written documents. Even after the offices of the Parlement had become legally saleable the councillors could only pass from the other chambers into the Grand Chambre by order of seniority. The Chambres des enquetés and des requêtes originated at the time when it became customary to draw up lists for each session of the Parlement. The enquêteurs or auditeurs of the Parlement had at first been an auxiliary staff of clerks to whom were entrusted the inquests ordered by the Parlement. But later, when the institution of the appeal was fully developed, and the procedure before the various jurisdictions became a highly technical matter, above all when it admitted written evidence, the documents connected with other inquests also came before the Parlement. A new form of appeal grew up side by side with the older form, which had been mainly an oral procedure, namely the appeal by writing (appel par écrit). In order to judge these new appeals the Parlement had above all to study written documents, the inquests which had been made and written down under the jurisdiction of the court of first instance. The duty of the enquêteurs was to make an abstract of the written documents and report on them. Later the reporters (rapporteurs) were admitted to judge these questions together with a certain number of members of the Parlement, and from 1316 onwards these two kinds of member formed together a chambre des enquetes. As yet, no doubt, the rapporteur only gave his opinion on the case which he had prepared, but after 1336 all those who formed part of the chamber were put on the same footing, taking it in turn to report and giving judgment as a whole. For a long time, however, the Grand Chambre received all cases, then sent them to the Chambre des enquetés with directions; before it too were argued questions arising out of the inquiry made by the Chambre des enquetés, to the decisions of which it gave effect and which it had the power to revise. But one by one it lost all these rights, and in the 16th century they are no longer heard of. Several Chambres des enquetes were created after the first one, and it was they who had the greater part of the work.
The Chambre des requêtes was of an entirely different nature. At the beginning of the 14th century a certain number of t Dse who were to hold the session of the Parlement were set apart to receive and judge the petitions (requêtes) on judicial questions which had been presented to the king and not yet dealt with. This eventually led to the formation of a chamber, in the strict sense of the word, the Requêtes du palais. But this became purely a jurisdiction for privileged persons; before it (or before the Requêtes de l’hôtel, as the case might be) were brought the civil suits of those who enjoyed the right of Committimus. The Chambre des requêtes had not supreme jurisdiction, but appeals from its decisions could be made to the Parlement proper.
The Parlement had also a criminal chamber, that of La Tournelle, which was not legally created until the 16th century, but was active long before then. It had no definite membership, but the conseillers lais served in it in turn.
Originally there was only one Parlement, that of Paris, as was indeed logical, considering that the Parlement was simply a continuation of the curia regis, which, like the king, could only be one. But the exigencies of the administration of justice led to the successive creation of a certain number of provincial parlements. Their creation, moreover, was generally dictated by political circumstances, after the incorporation of a province in the domain of the Crown. Sometimes it was a question of a province which, before its annexation, possessed a superior and sovereign jurisdiction of its own, and to which it was desired to preserve this advantage. Or else it might be a province forming part of feudal France, which before the annexation had had a superior jurisdiction from which the Crown had endeavoured to institute an appeal to the Parlement of Paris, but for which after the annexation it was no longer necessary to maintain this appeal, so that the province might now be given a supreme court, a parlement. Sometimes an intermediate regime was set up between the annexation of the province and the creation of its provincial parlement, under which delegates from the Parlement of Paris went and held assizes there. Thus were created successively the parlements of Toulouse, Grenoble, Bordeaux, Dijon, Rouen, Aix, Rennes, Pau, Metz, Douai, Besançon and Nancy. From 1762 to 1771 there was even a parlement for the principality of Dombes. The provincial parlements reproduced in a smaller scale the organization of that of Paris; but they did not combine the functions of a court of peers. They each claimed to possess equal powers within their own province. There were also great judicial bodies exercismg the same functions as the parlements, though without bearing the name, such as the Conseil souverain of Alsace at Colmar, the Conseil supérieur of Roussillon at Perpignan; the provincial council of Artois had not the supreme jurisdiction in all respects.
The parlements, besides their judicial functions, also possessed political rights; they claimed a share in the higher policy of the realm, and the position of guardians of its fundamental laws. In general the laws did not come into effect within their province until they had been registered by the parlements. This was the method of promulgation admitted by the ancient law of France, but the parlements verified the laws before registering them, i.e. they examined them to see whether they were in conformity with the principles of law and justice, and with the interests of the king and his subjects; if they considered that this was not the case they refused their registration and addressed remonstrances (remontrances) to the king. In acting thus they were merely conforming to the duty of counselling (devoir de conseil) which all the superior authorities had towards the king, and the text of the ordinances (ordonnances) had often invited them to do so. It was natural, however, that in the end the royal will should seek to impose itself. In order to enforce the registration of edicts the king would send lettres de cachet, known as lettres de jussion, which were not, hoy, fever, always obeyed. Or he could come in person to hold the parlement, and have the law registered in his presence in a lit de justice. This was explained in theory by the principle that if the king himself held his court, it lost, by the fact of his presence, all the authority which he had delegated to it; for the moment the only authority existing in it was that of the king, just as in the ancient curia regis there was the principle that apparente rege cessat magistratus. But, principally in the i8th century, the parlements maintained that only a voluntary registration, by the consent of the parlement, was valid.
The parlements had also a wide power of administration. They could mak: regulations (pouvoir réglementaire) having the force of law within their province, upon all points not settled by law, when the matter with which they dealt fell within their judicial competence, and for this it was only necessary that their interference in the matter was not forbidden by law. These were what were called arrête de règlement.
