Law of Customs and Roman Law Under the Old Monarchy

canon, procedure, decrees, louis and criminal

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Despite its power, Roman law was nowhere the only one applied in the south of France; in provinces governed by customs, Roman law was applied if the customs were mute, while in provinces where written law prevailed cus toms settled all points not provided for by Roman law. These customs, moreover, were local ones except, however, those pertaining to Bordeaux or covered by the Provincial Statutes.

Royal From the 16th century onward the kings undertook the task of unify ing the law throughout the country; this was done with the object of facilitating the admin istration of justice, hampered by the multi formity of the Customs and the judicial con fusion resulting from their coexistence with the Roman texts. Its further aim was to con ciliate the "Etats Generaux" (General States), which had showed a marked tendency toward centralization.

The Decrees covered a multiplicity of sub jects: administration, civil procedure, criminal procedure, etc. Many of these Decrees bore the signature of Francois I, Charles IX, Henri III and Louis XIII.

Special mention should be made of the Code Michau, a decree compiled in 1629 by Chance lier Michel de Marillac from the records of "Etats Generaux" of 1614 and the Assemblies succeeding it. It was a considerable work for the epoch, comprising as it did 461 articles. But this initial trial at codification, despite undoubted and useful reforms, encountered parliamentary resistance which accepted these innovations with a bad will, modified them in every possible manner, and in some cases even ignoring them.

Under Louis XIV, and particularly due to the untiring efforts of Colbert, the unification and codification of French law made great strides. The most important matters covered were publicity of mortgages, land and water, civil procedure, criminal procedure, trade regu lations, etc. Many of the articles of the pres ent day French code have their origin in these decrees. Colbert's work was carried on under Louis XV by the Chancelier d'Aguesseau to whom we are indebted, inter alia, for two very important texts regarding deeds of gift and legacies.

Canon Canon law held the fore most place in the universities, and every seri ous barrister made it a point of honor to become a doctor in utroque jure of both Roman and Canon law.

The latter alone was applied by the Ecclesi astical Tribunals, unless modified by Royal de cree, as for instance from 1667 to 1670 the two decrees covering civil and criminal procedure were substituted in the aforesaid Tribunals for Canon law which had previously prevailed.

Canon law also played a role in the secular tribunals, account being taken concerning those institutions under the protection of the Church, or interests involving the salvation of souls ((saint des To the Influence of Canon law was due the prohibition of the rate of in terest which was maintained in principle up to the Great Revolution, various rules govern ing legacies and numerous other forms of pro cedure such as matrimonial legislation, etc., all incorporated in the Decrees of Louis XIV.

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