Parliament of Brittany
Encyclopedia
The Parlement of Brittany (Fr: parlement de Bretagne) was a court of justice
, under France
’s Ancien Régime, with its seat at Rennes
. The last building to house the parlement still stands and is now the Rennes Court of Appeal, the natural successor of the parlement.
s of France under the Ancien Régime, the parlement of Brittany was a sovereign court of justice
, principally listening to appeals of sentences issued by lower jurisdictions.
The parlement also possessed legislative powers, asserting some autonomy with respect to the royal prerogative. The nobles of Brittany
were keen to defend the rights of the province
, known as the "Breton liberties", maintained by the treaty of union with France. They were determined to exercise these powers and to play a big part in the life of the parlement and consequently in the life of the whole province.
This resistance to royal powers, involving the defending of its institutions and the privileges of the nobility
, was widespread. Composed of similar members with many interests in common, the Estates of Brittany
were invariably united with the parliament of Brittany in defence of their rights.
It had to instruct and to judge across wide-ranging areas of litigation and question all that which may have escaped the attention, for various reasons, of the lower provincial jurisdictions.
With that same sample of judgements, parliament confirmed the judgement in 60% of cases. It was divided in 30% of cases, some being the object of an evocation before the Court. The remaining 10% of judgements were left unfinished as “having to be done right”).
More half of the procedures concerned questions of succession, of property and of obligations.
The parishes had to ask for parliament’s agreement when they wanted to raise money for their own needs (repairs, for example). Forty parishes asked for such during a single term during the year 1693. The parish rector had to publicise any judgements.
, where the parliamentary representatives have sat ever since 1655.
The building has been recently restored, following severe fire damage on February 5, 1994, a consequence linked to the violent demonstrations of the local fishermen. Adapted to the requirements of the 21st century, the Court of Appeal of Rennes was able to resume the activities of the previous centuries. Other, newer buildings in the city are home to the various forms of justice (Law courts, civil courts etc.).
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, under France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
’s Ancien Régime, with its seat at Rennes
Rennes
Rennes is a city in the east of Brittany in northwestern France. Rennes is the capital of the region of Brittany, as well as the Ille-et-Vilaine department.-History:...
. The last building to house the parlement still stands and is now the Rennes Court of Appeal, the natural successor of the parlement.
Parlements under the Ancien Régime
As with all the parlementParlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
s of France under the Ancien Régime, the parlement of Brittany was a sovereign court of justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, principally listening to appeals of sentences issued by lower jurisdictions.
The parlement also possessed legislative powers, asserting some autonomy with respect to the royal prerogative. The nobles of Brittany
Brittany
Brittany is a cultural and administrative region in the north-west of France. Previously a kingdom and then a duchy, Brittany was united to the Kingdom of France in 1532 as a province. Brittany has also been referred to as Less, Lesser or Little Britain...
were keen to defend the rights of the province
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...
, known as the "Breton liberties", maintained by the treaty of union with France. They were determined to exercise these powers and to play a big part in the life of the parlement and consequently in the life of the whole province.
This resistance to royal powers, involving the defending of its institutions and the privileges of the nobility
Nobility
Nobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
, was widespread. Composed of similar members with many interests in common, the Estates of Brittany
Estates of Brittany
The Estates of Brittany was the States Provincial for the province of Brittany in ancien regime France. It gathered members of the high clergy, a large number of nobles and delegates from the 42 towns and cities of Brittany...
were invariably united with the parliament of Brittany in defence of their rights.
History
- 1485 : Duke Francis II establishes a sovereign parlement at VannesVannesVannes is a commune in the Morbihan department in Brittany in north-western France. It was founded over 2000 years ago.-Geography:Vannes is located on the Gulf of Morbihan at the mouth of two rivers, the Marle and the Vincin. It is around 100 km northwest of Nantes and 450 km south west...
, first sitting in the autumn. - 1532 : Cancelled by a special tribunal of Charles VIII, after which, all appeals are judged by the Parlement of Paris, contributing to delays in the restoration of a sovereign court in the province.
- March 1553 : Recreation of the parlement of Brittany, sitting alternately at Rennes (August -October) and to NantesNantesNantes is a city in western France, located on the Loire River, from the Atlantic coast. The city is the 6th largest in France, while its metropolitan area ranks 8th with over 800,000 inhabitants....
(February–April). - August 2, 1554 : First meeting at Rennes followed by the second one at Nantes on February 4, 1555
- June 1557 : Meeting bi-annually, but only at Nantes. The meetings are shared between the “Grand Chamber” and the “Inquiry Chamber”. Sixty judges preside.
- 1561 : Meeting solely at Rennes, at the convent of the Cordeliers.
- December 1575 : Creation of the criminal room, the Tournelle
- September 1580 : Creation of the “Repeal Chamber”, where appeals against sentences of the parliament itself were made.
- 1591 : Beginning of extended meetings, but with no increase in payments.
- March 20, 1598 : Duke Philippe-Emmanuel of Lorraine grants an amnesty for the parliamentarians that established a court at Nantes in 1589.
- 1599-1600 : Ban on magistrates meeting in August
- 1578 : Rennes is permitted to raise taxes for the construction of a new parlement building - notably a tax on cider jars.
- July 1600 : The meetings become bi-annual: February to July and August to January.
- September 15, 1618 : First stone laid for the new building
- 1631 : Conflict with Cardinal Richelieu after the restoration of mooring fees.
- January 16, 1655 : The new building officially opened by the oldest of the presidents of the parlement
- January 22, 1668 : Creation of the “Upper Chamber” of the nobilityNobilityNobility is a social class which possesses more acknowledged privileges or eminence than members of most other classes in a society, membership therein typically being hereditary. The privileges associated with nobility may constitute substantial advantages over or relative to non-nobles, or may be...
of Brittany - September 18, 1675 : Louis XIV transfers the court to VannesVannesVannes is a commune in the Morbihan department in Brittany in north-western France. It was founded over 2000 years ago.-Geography:Vannes is located on the Gulf of Morbihan at the mouth of two rivers, the Marle and the Vincin. It is around 100 km northwest of Nantes and 450 km south west...
to punish Rennes for participating in the Stamp Duty Revolt - February 1, 1690 : First meeting after the court returns to Rennes
- February 1704 : Creation of an Appeal Chamber for matters concerning water and forests.
- March 1724 : A single annual meeting from November to August. Creation of a chamber to be assembled during the summer vacation. A second ‘Inquiry Chamber’ was created, as well as fa second ‘Repeal Chamber’.
- July 15, 1769 : Parliament restored after 3 years’ suspension by the military governor, Emmanuel Armand de Vignerot.
- September 1771 : Parliament closed by Louis XVLouis XV of FranceLouis XV was a Bourbon monarch who ruled as King of France and of Navarre from 1 September 1715 until his death. He succeeded his great-grandfather at the age of five, his first cousin Philippe II, Duke of Orléans, served as Regent of the kingdom until Louis's majority in 1723...
on the advice of René Nicolas de Maupeou - December 1774 : Parliament recalled on the accession of Louis XVILouis XVI of FranceLouis XVI was a Bourbon monarch who ruled as King of France and Navarre until 1791, and then as King of the French from 1791 to 1792, before being executed in 1793....
- 1788 : Strong opposition of the parliament of Brittany to the edicts setting up the creation of the new large administrative areas of France. It refuses to name any representatives to the “États Généraux”.
- 1789 : Last meeting.
- February 3, 1790 : Legal existence ended. The closure, by the National AssemblyNational AssemblyNational Assembly is either a legislature, or the lower house of a bicameral legislature in some countries. The best known National Assembly, and the first legislature to be known by this title, was that established during the French Revolution in 1789, known as the Assemblée nationale...
, was never ratified by the Breton parliamentarians, who, on the same day, declared the decision “null and void forever” (Thesis Toublanc).
Judicial Competence
The parliament of Brittany’s foremost responsibilities were the processing of appeals against judgements in civil matters rather than criminal matters.It had to instruct and to judge across wide-ranging areas of litigation and question all that which may have escaped the attention, for various reasons, of the lower provincial jurisdictions.
Main responsibilities
- Matters relating to the "privileges, prerogatives and pre-eminences” of the barons of Brittany
- Matters concerning the bishops chapter
- Matters concerning Royal officers and the Clergy
- Matters arising within the parliament itself
- Abuse or embezzlement by clerks, ushers and prosecutors
- Matters concerning privileges of cities, towns, communities and parishes
- Establishment of regulations for fairs and markets
- Questions of general policy
- Matters of vested interest
- Disputes of judges relating to their workloads
- Jurisdiction conflict
- Taxation disputes
- Questions of choice of place of judgement where the matters may cover many jurisdictions.
- Questions regarding guardianship of children or the insane
Appeals
- Appeals as a result of "an incompetent judge"
- Appeals of royal jurisdictions (outside of tribunals) concerning ownership of land
- Appeals as a result of "denial of justice" and of "dismissal"
- Appeals against sentences passed by the Provost of the university of Nantes
- Appeals as a result of the jurisdiction of the chapter-house.
- Appeals as a result of abuse
- Appeals as a result of legal confiscation or permission to confiscate
- Appeals against leases and auctions of buildings
- Appeals against judgements regarding the beneficiaries of wills
- Appeals against consular and arbitration sentences
Civil Process
The judgements of the Chamber (excluding a few processes that lasted more than ten years) had an average delay between the initial sentence and the appeal decision of two or three years at the beginning of the 18th century, but this increased steadily until it was over five years at the end of the century.With that same sample of judgements, parliament confirmed the judgement in 60% of cases. It was divided in 30% of cases, some being the object of an evocation before the Court. The remaining 10% of judgements were left unfinished as “having to be done right”).
More half of the procedures concerned questions of succession, of property and of obligations.
Administrative Competence
The parliament of Brittany possessed many administrative prerogatives such as guardianship of parishes and control of policing. The contentions and complaints that it processed allowed for it to be fairly informed of general difficulties justifying the sentences passed or to override the strict judicial framework. All the same, royal orders and edicts could demand implementation more or less immediately. One of the innovations of the laws of August 16 and August 24, 1790 was the separation of the judicial and the administrative courts.The parishes had to ask for parliament’s agreement when they wanted to raise money for their own needs (repairs, for example). Forty parishes asked for such during a single term during the year 1693. The parish rector had to publicise any judgements.
The parliament building
Plans were drawn by the city architect, German Gaultier and reviewed by Salomon of Brush (designer of the facades). Built in a restrained style, the parliament of Brittany decided to site the palace in the heart of the city of RennesRennes
Rennes is a city in the east of Brittany in northwestern France. Rennes is the capital of the region of Brittany, as well as the Ille-et-Vilaine department.-History:...
, where the parliamentary representatives have sat ever since 1655.
The building has been recently restored, following severe fire damage on February 5, 1994, a consequence linked to the violent demonstrations of the local fishermen. Adapted to the requirements of the 21st century, the Court of Appeal of Rennes was able to resume the activities of the previous centuries. Other, newer buildings in the city are home to the various forms of justice (Law courts, civil courts etc.).
See also
- Ancien Régime in FranceAncien Régime in FranceThe Ancien Régime refers primarily to the aristocratic, social and political system established in France from the 15th century to the 18th century under the late Valois and Bourbon dynasties...
- History of BrittanyHistory of BrittanyThe history of Brittany may refer to the entire history of the Armorican peninsula or only to the creation and development of a specifically Brythonic culture and state in the Early Middle Ages and the subsequent history of that state....