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See also:PROVOST (through O. Fr. See also:prevost, mod. prevot, See also:Lat. praepositus, set over, from praeponere, to See also:place in front)
, a See also:title attached to various ecclesiastical and See also:secular offices
.
In ecclesiastical usage the word praepositus See also:wai at first applied by the See also: The important developments of the title in See also:France are dealt with below . From France the title found its way into See also:Scotland, where it sprvives in the style (provost) of the See also:principal magistrates of the royal boroughs (" See also:lord provost " in See also:Edinburgh, See also:Glasgow, See also:Aberdeen, See also:Perth and See also:Dundee), and into England, where it is applied to certain See also:officers charged with the See also:maintenance of military discipline . A provost-See also:marshal is an officer of the See also:army appointed when troops are on service abroad for the prompt repression of all offences . He may at any See also:time See also:arrest and detain for trial persons subject to military See also:law committing offences, and may also carry into See also:execution any punishments to be inflicted in pursuance of a court See also:martial (Army See also:Act 1881, § 74) . A provost-sergeant is an officer responsible for the maintenance of See also:order when soldiers are in the See also:United See also:Kingdom . A provost-sergeant may be either See also:garrison or regimental, and he has under his superintendence the garrison or regimental See also:police . (W . A . P.) The Provost in France.—The word prevot (provost) in old See also:French law had many applications . In conformity with its See also:etymology (praepositus) it could be applied to any See also:person placed at the See also:head of a See also:branch of the public service, a position which, according to the old principles, habitually carried with it a right of See also:jurisdiction . It is thus that there was at See also:Paris the " provost of Paris," who was a royal See also:judge, and the " provost of the merchants " (prevot See also:des marchands), the head of the Paris See also:municipality ? There were besides—to mention only the principal provosts—the "provosts of the marshals of France " (prevots des marechaux de France), of whom more below; the " provost of the royal See also:palace " (prevot de ''hotel du roi) or " See also:grand provost of France " (grand prevot de France), and the " provost general " (prevot general) or "grand provost of the See also:mint" (grand prevot des monnaies) . But the most important and best known provosts, who formed See also:part of a general and comprehensive organization, were the " royal provosts " (prevots royaux), the See also:lower See also:category of the royal See also:judges . It must be See also:borne in mind, however, that the magistrates belonging to the inferior category of royal judges (juges subalternes) had different designations in many parts of France . In See also:Normandy and See also:Burgundy they were called cheltelains, and elsewhere—especially in the See also:south—viguiers . These were titles which had established themselves in the See also:great fiefs before their See also:reunion with the See also:Crown and had survived this . The royal provosts, on the other hand, were a creation of the Capetian See also:monarchy . The date of this creation is uncertain, but was without doubt some time in the 11th See also:century . The provosts replaced the viscounts wherever the viscounty had not become a See also:fief, and ' Where, however, the head-See also:master, though technically sub-See also:ordinate to the provost, is the effective head of the school . 2 Thus in a See also:register of the See also:Chatelet of Paris in the 14th century, we read : " a Paris est la prev8te de Paris et See also:celle des marchands." it is possible that in creating them the Crown was imitating the ecclesiastical organization in which the provost figured, notably in the chapters . The royal provosts had at first a See also:double See also:character . In the first See also:place they fulfilled all the functions which answered locally to the royal See also:power . They collected all the revenues of the domain and all the taxes and dues payable to the king within the limits of their jurisdiction . Doubtless, too, they had certain military functions, being charged with the See also:duty of calling out certain contingents for the royal service; there survived until the end of the ancien regime certain military provosts prevots d'See also:epee (provosts of the See also:sword) who were re-placed in the See also:administration of See also:justice by a See also:lieutenant .
Finally, the provosts administered justice, though certainly their competence in this See also:matter was restricted
.
They had no jurisdiction over noblemen, or over feudal tenants (hommes de fief ) ,who claimed the jurisdiction of the court of their over-lord, where they were judged by their peers—the other vassals of the same lord
.
Neither had they jurisdiction over the open See also:country, the plat pays, where this belonged to See also:local seigneurs; and even in the towns over which they were set their jurisdiction was often limited by that of the municipal courts established for the benefit of the burgesses
.
The second characteristic of the old provosts was that their office was farmed for a limited time to the highest See also:bidder
.
It was simply an application of the See also:system of farming the taxes
.
The provost thus received the speculative right to collect the revenues of the royal domain in the See also:district under his jurisdiction; this was his principal concern, and his judicial functions were merely See also:accessory
.
By these See also:short appointments the Crown guaranteed itself against another danger: the possible See also:conversion by the functionary of the See also:function into a See also:property
.
Very early, however, certain provostships were bestowed en garde, i.e. the provost had to See also:account to the king for all he collected
.
The prevotes en ferme were naturally a source of abuses and oppression, the former seeking to make the most of the concession he had bought
.
Naturally, too, the See also:people complained
.
From See also:Joinville we learn how under St See also:
Their suppression was promised by See also: The office was restored in 1609 by a See also:simple See also:decree of the royal council, but it was opposed by the parlements, and it seems to have been conferred in but few cases . The " provosts of the marshals of France," mentioned above, were non-legal officials (officiers de la robe courte) forming part of the See also:body of the marechaussee which was under the ancien regime what the See also:gendarmerie was after the Revolution . Their See also:original function was to judge offences committed by persons following the army, but in the course of the 14th and 15th centuries they acquired the right of judging certain crimes and misdemeanours, by whomsoever committed . They became stationary, with fixed See also:spheres of authority, and the offences falling within their competency came to be called cas prevotaux . These were, the worst crimes of violence, and all crimes and misdemeanours committed by old offenders (repris de justice), who were familiarly known as the gibier des prevots des marechaux (See also:gaol-birds) . Theirs was really a See also:kind of military jurisdiction, from which there was no appeal; but the provost was See also:bound to See also:associate with himself a certain number of See also:ordinary judges or graduates in law . The provost of the marshals did not himself judge what was a cas prevotal; this had in each See also:case to be decided by the nearest bailliage or presidial court . The presidial judges also dealt with cas prevOtaux in concurrence with the provosts of the marshals . (J . P . E.) . |
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