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See also: Lat. See also: basilica, in the sense of See also: law courts, a French gild of clerks, from among whom legal representatives (procureurs) were recruited
.
This gild was very See also: ancient, even older than the gild of the procureurs, with which it was often at variance
.
It dated, no doubt, from the See also: time when the profession of procureur (procurator, advocate or legal representative) was still See also: free in the sense that persons rendering that service to others when so permitted by the law were not yet public and ministerial See also: officers
.
For this purpose there wasestablished near each important juridical centre a See also: group of clerks, that is to say, of men skilled in law (or reputed to be so), who at first would probably fill indifferently the roles of representative or advocate
.
Such was the origin of the See also: Basoche of the See also: parlement of See also: Paris; which naturally formed itself into a gild, like other professions and trades in the See also: middle ages
.
But this organization eventually became disintegrated, dividing up into more specialized bodies: that of the See also: advocates, whose See also: history then begins; and that of legal representatives, whose profession was regularized in 1344, and speedily became a sale-able See also: charge
.
The remnant of the See also: original clerks constituted the new Basoche, which thenceforward consisted only of those who worked as clerks for the procureurs, the richer ones among them aspiring themselves to attain the position of procureur
.
They all, however, retained some traces of their original conditions
.
" They are admitted," writes an 18th-century author, " to plead before M. le See also: lieutenant See also: civil sur See also: les referes' and before M. le See also: juge auditeur; so that the procureurs of these days are but the former clerks of the Basoche, admitted to officiate in important cases in preference to other clerks and to their exclusion." From its ancient past the Basoche had also preserved certain picturesque forms and names
.
It was called the " See also: kingdom of the Basoche," and for a long time its chief, elected each See also: year in general See also: assembly, See also: bore the title of " See also: king." This he had to give up towards the end of the 16th century, by
See also: order, it is said, of See also: Henry III., and was thenceforth called the " chancellor." The Basoche had besides its maitres
See also: des regales, a See also: grand See also: court-crier, a referendary, an advocate-general, a procureur-general, a See also: chaplain, &c
.
In early days, and until the first See also: half of the 16th century, it was organized in companies in a military manner and held periodical reviews or parades (montres), sometimes taking up arms in the king's service in time of war
.
Of this there survived later only an See also: annual cavalcade, when the members of the Basoche went to the royal See also: forest of Bondy to cut the maypole, which they afterwards set up in the court-yard of the Palais
.
We hear also of satirical and See also: literary entertainments given by clerks of the Palais de See also: Justice, and of the moralities played by then in public, which See also: form an important See also: element in the history of the See also: national theatre; but at the end of the 16th century these performances were restricted to the See also: great See also: hall of the Palais
.
To the last the Basoche retained two
See also: principal prerogatives
.
(1) In order to be recognized as a qualified procureur it was necessary to have gone through one's "stage" in the Basoche, to have been entered by name for ten years on its See also: register
.
It was not sufficient to have been merely clerk to a procureur during the See also: period and to have been registered at his office
.
This See also: rule was the occasion of frequent conflicts during the 17th and 18th centuries between the members of the Basoche and the procureurs, and on the whole, despite certain decisions favouring the latter, the parlement maintained the rights of the Basoche
.
Opinion was favourable to it because the certificats de complaisance issued by the procureurs were dreaded
.
These certificate held See also: good, moreover, in places where there was no Basoche
.
(2) The Basoche had judiciary See also: powers recognized by the law
.
It had disciplinary jurisdiction over its members and decided See also: personal actions in civil law brought by one clerk against another or by an outsider against a clerk
.
The See also: judgment, at any See also: rate if delivered by a maitre des regales, was authoritative, and could only be contested by a civil petition before the ancient council of the Basoche
.
The See also: Chatelet of Paris had its See also: special basoche, which claimed to be older even than that of the Palais de Justice, and there was contention between them as to certain rights
.
The clerks of the procureurs at the tour des comptes of Paris had their own Basoche of great antiquity, called the " See also: empire de Galilee." The Basoche of the Palais de Justice had in its ancient days the right to create provostships in localities within the jurisdiction of the parlement of Paris, and thus there sprang up a certain number of See also: local basoches
.
Others were See also: independent in origin; among such being the " regency " of See also: Rouen and the Basoche of the parlement of Toulouse
.
1 A procedure for obtaining a provisional judgment on urgent cases
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See also Repertoire de See also: jurisprudence des Guyot; Recueil des Statuts du royaume de la basoche (Paris, 1654); L
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A
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See also: Fabre, Etudes historiques sur les clercs de la basoche (Paris, 1856)
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