utioner distinguished men of learning and science
in advance of the times in which they lived, because they were falsely
accused of witchcraft, and also doing the same towards unfortunate
maniacs who fancied they had dealings with the devil.
[Illustration: Fig. 305.--Trial of the Constable de Bourbon before the
Peers of France (1523).--From an Engraving in "La Monarchie Francoise" of
Montfaucon.]
In the fourteenth and fifteenth centuries all the members of Parliament
formed part of the council of State, which was divided into the Smaller
Council and the Greater Council. The Greater Council only assembled in
cases of urgency and for extraordinary and very important purposes, the
Smaller Council assembled every month, and its decisions were registered.
From this arose the custom of making a similar registration in Parliament,
confirming the decisions after they had been formally arrived at. The most
ancient edict placed on the register of the Parliament of Paris dates from
the year 1334, and is of a very important character. It concerns a
question of royal authority, and decides that in spiritual matters the
right of supremacy does not belong more to the Pope than to the King.
Consequently Philippe de Valois ordered "his friends and vassals who shall
attend the next Parliament and the keepers of the accounts, that for the
perpetual record of so memorable a decision, it shall be registered in the
Chambers of Parliament and kept for reference in the Treasury of the
Charters." From that time "cases of complaint and other matters relating
to benefices have no longer been discussed before the ecclesiastical
judges, but before Parliament or some other secular court."
During the captivity of King John in England, royal authority having
considerably declined, the powers of Parliament and other bodies of the
magistracy so increased, that under Charles VI. the Parliament of Paris
was bold enough to assert that a royal edict should not become law until
it had been registered in Parliament. This bold and certainly novel
proceeding the kings nevertheless did not altogether oppose, as they
foresaw that the time would come when it might afford them the means of
repudiating a treaty extorted from them under difficult circumstances
(Fig. 306).
The close connection which existed between the various Parliaments and
their political functions--for they had occasion incessantly to interfere
between the acts of the government and the res
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