Henry M. Baird · 23 of 379

CHAPTER I · Claim to the right of remonstrance.

To their judicial functions, the Parliament of Paris, and to a minor degree the provincial parliaments, had insensibly added other functions purely political. In order to secure publicity for their edicts, and equally with the view of establishing the authenticity of documents purporting to emanate from the crown, the kings of France had early desired the insertion of all important decrees in the parliamentary records. The registry was made on each occasion by express order of the judges, but with no idea on their part that this form was essential to the validity of a royal ordinance. Presently, however, the novel theory was advanced that parliament had the right of refusing to record an obnoxious law, and that, without the formal recognition of parliament, no edict could be allowed to affect the decisions of the supreme or of any inferior tribunal.