Parlement of Brittany

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.

Contents

Parlements under the Ancien Régime

As with all the parlements 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.

History

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

Appeals

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.[1]

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.[2]

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 Rennes, 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

Notes and references

  1. ^ Séverine debordes-lissillour, The royal sénéchaussées of Brittany, university Press of Rennes, 2006.
  2. ^ Séverine debordes-lissillour, The royal sénéchaussées of Brittany, University Press of Rennes, 2006.

Bibliography