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 (remon trances) 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 or dinances (ordonnances) had of ten invited them to do so. It was natural, however, that in the end the royal will should seek to im pose itself. In order to enforce the registration of edicts the king would send lettres de cachet, known as lettres de jussion, which were not, however, 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 18th
century, the parlements maintained that only a voluntary registra tion, by the consent of the parlement, was valid. The parlements had also a wide power of administration. They could make regula tions (pouvoir reglementaire) 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 arrete de regle ment. By this means the parlements took part in the administra tion, except in matters the cognizance of which was attributed to another supreme court as that of taxation was to the tours des aides. They could also, within the same limits, address injunctions (injonctions) to officials and individuals.
See La Roche-Flavin, Treize livres des parlements de France (1617) ; Felix Aubert, Histoire du parlement de Paris, des origines a Francois I. (2 vols., 1894) ; Ch. V. Langlois, Textes relatifs a l'histoire du parlement depuis les origines jusqu'en 1314 (1888) ; Guilhiermoz, Enquetes et proces (1892) ; Glasson, Le Parlement de Paris, son role politique depuis le regne de Charles VII. jusqu'cl la revolution (2 vols., 1901). (J. P. E.)