Grand Conseil
Encyclopedia
The term Grand Conseil or Great Council refers two different institutions during the Ancien Régime in France
. It also is the name of parliament
s in several Swiss
cantons
.
, in contrast to the smaller and more elite "Conseil étroit" ("narrow council") or "Conseil secret".
, a subcouncil of the King's council appeared to handle particularly contentious affairs. An ordinance by Charles VIII
in 1497, and reissued by Louis XII
in 1498, removed this section entirely from the King's Council and made it a superior court of justice under the institutional name "Grand Conseil". The "Grand Conseil" was not attended by the king, and it was furnished with its own legal and judicial personnel and with a purview over contentious affairs submitted directly to the king (affairs of "justice retenue", or "justice reserved" for the king). This removal of the Grand Conseil from the council apparatus permitted the remaining sections of the King's council to focus on political and administrative affairs.
The "Grand Conseil" had a jurisdiction over the entire kingdom, but could only be convoked by the king. The king sought the Grand Conseil's intervention in affairs considered to be too contentious for the parlement
. The Grand Conseil was convoked on contentious issues pertaining to:
At its creation, the "Grand Conseil" was presided by the Chancellor of France, assisted by the maîtres des requêtes, and included several specialized officers (initially 17 consellors, increased to 20 (dividing their service in two semester) by Louis XII). Under Francis I
, the positions of First President and four secondary (or so-called "mortar board" magistrates) "président à mortier
" were added, and the chancellor ceased to preside over the court, other than in exceptional circumstances. In this way, the "Grand Conseil" slowly developed an internal structure similar to other sovereign courts of the realm. By the end of the Ancien Régime, the court consisted of a first president, eight presidents, 48 consellors, a prosecutor ("procureur général"), several attorneys (an ""avocat général" and eight substitutes), and various secretaries, baillifs and scribes.
The "Grand Conseil" was permanently situated in Paris from the reign of Henry II
on; its exact location varied over time: first at the Louvre
, then at the Augustins, the cloister of Saint-Germain l'Auxerrois
, the hôtel d'Aligre (from 1686 on), and again at the Louvre (from 1754 on).
Extremely criticized for its extended jurisdiction, the Grand Conseil nevertheless remained in existence until the French Revolution
.
Note: The "Grand Conseil" should not be confused with the "Conseil privé" or "Conseil des parties", which first appeared in 1557. With the "Grand Conseil" being a completely autonomous court of justice separated from the king's council, the need was seen for certain judicial affairs to be discussed and judged within the king's council, especially those in which the impartiality of the courts was called into question. These special session trials gave rise to a new section of the king's council overseeing contentious issues, which took the name "Conseil privé" ("Privy Council") or "Conseil des parties" ("Council of Parties", i.e. the party in a legal suit). The main area of jurisdiction of the "Conseil privé" was civil trials between individuals (especially in cases involving the presigious families and possible conflicts of interest among parlementary judges) and conflicts of judicial or administrative jurisdiction. The "Conseil privé" was presided by the chancellor, and made up of the maîtres des requêtes and the conseillers d'État. Like the "Grand Conseil", the Privy Council acted as a supreme court, pronounced judgements on the various sovereign courts of the realm (including the parlements and the "Grand Conseil"), and provided final judicial review and interpretation of law, oversight of the judicial corps, and judged disputes on royal offices, church benefices and problems between Catholics and Protestants.
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. It also is the name of parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
s in several Swiss
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
cantons
Cantons of Switzerland
The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...
.
Part of the King's Council
Starting in the 13th century, the "Grand Conseil" was the name given to the largest of the King's CouncilsConseil du Roi
The Conseil du Roi or King's Council is a general term for the administrative and governmental apparatus around the king of France during the Ancien Régime designed to prepare his decisions and give him advice...
, in contrast to the smaller and more elite "Conseil étroit" ("narrow council") or "Conseil secret".
Superior Court
Under Charles VIICharles VII of France
Charles VII , called the Victorious or the Well-Served , was King of France from 1422 to his death, though he was initially opposed by Henry VI of England, whose Regent, the Duke of Bedford, ruled much of France including the capital, Paris...
, a subcouncil of the King's council appeared to handle particularly contentious affairs. An ordinance by Charles VIII
Charles VIII of France
Charles VIII, called the Affable, , was King of France from 1483 to his death in 1498. Charles was a member of the House of Valois...
in 1497, and reissued by Louis XII
Louis XII of France
Louis proved to be a popular king. At the end of his reign the crown deficit was no greater than it had been when he succeeded Charles VIII in 1498, despite several expensive military campaigns in Italy. His fiscal reforms of 1504 and 1508 tightened and improved procedures for the collection of taxes...
in 1498, removed this section entirely from the King's Council and made it a superior court of justice under the institutional name "Grand Conseil". The "Grand Conseil" was not attended by the king, and it was furnished with its own legal and judicial personnel and with a purview over contentious affairs submitted directly to the king (affairs of "justice retenue", or "justice reserved" for the king). This removal of the Grand Conseil from the council apparatus permitted the remaining sections of the King's council to focus on political and administrative affairs.
The "Grand Conseil" had a jurisdiction over the entire kingdom, but could only be convoked by the king. The king sought the Grand Conseil's intervention in affairs considered to be too contentious for the parlement
Parlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
. The Grand Conseil was convoked on contentious issues pertaining to:
- questions of legal interpretation (the so-called process of "évocation"):
- "évocation générale": disputes concerning religious benefices after the Concordat of BolognaConcordat of BolognaThe Concordat of Bologna , marking a stage in the evolution of the Gallican Church, was an agreement between King Francis I of France and Pope Leo X that Francis negotiated in the wake of his victory at Marignano in September 1515...
of 1516 (the parlementParlementParlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
s tended to ignore or refuse to honor the clauses of the Concordat) or problems with the implementation of the clauses of the papal bullPapal bullA Papal bull is a particular type of letters patent or charter issued by a Pope of the Catholic Church. It is named after the bulla that was appended to the end in order to authenticate it....
UnigenitusUnigenitusUnigenitus , an apostolic constitution in the form of a papal bull promulgated by Pope Clement XI in 1713, opened the final phase of the Jansenist controversy in France... - "évocation particulière": on the request of the king or a member of the high nobility.
- "évocation générale": disputes concerning religious benefices after the Concordat of Bologna
- as an appellate court concerning conflicts of judicial or administrative jurisdiction (as, say. between the different parlementParlementParlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
s). - questions concerning counterfeit royal letters.
At its creation, the "Grand Conseil" was presided by the Chancellor of France, assisted by the maîtres des requêtes, and included several specialized officers (initially 17 consellors, increased to 20 (dividing their service in two semester) by Louis XII). Under Francis I
Francis I of France
Francis I was King of France from 1515 until his death. During his reign, huge cultural changes took place in France and he has been called France's original Renaissance monarch...
, the positions of First President and four secondary (or so-called "mortar board" magistrates) "président à mortier
Président à mortier
The office of président à mortier was one of the most important legal posts of the French ancien régime. The présidents were principal magistrates of the highest juridical institutions, the parlements, which were the appeal courts....
" were added, and the chancellor ceased to preside over the court, other than in exceptional circumstances. In this way, the "Grand Conseil" slowly developed an internal structure similar to other sovereign courts of the realm. By the end of the Ancien Régime, the court consisted of a first president, eight presidents, 48 consellors, a prosecutor ("procureur général"), several attorneys (an ""avocat général" and eight substitutes), and various secretaries, baillifs and scribes.
The "Grand Conseil" was permanently situated in Paris from the reign of Henry II
Henry II of France
Henry II was King of France from 31 March 1547 until his death in 1559.-Early years:Henry was born in the royal Château de Saint-Germain-en-Laye, near Paris, the son of Francis I and Claude, Duchess of Brittany .His father was captured at the Battle of Pavia in 1525 by his sworn enemy,...
on; its exact location varied over time: first at the Louvre
Louvre
The Musée du Louvre – in English, the Louvre Museum or simply the Louvre – is one of the world's largest museums, the most visited art museum in the world and a historic monument. A central landmark of Paris, it is located on the Right Bank of the Seine in the 1st arrondissement...
, then at the Augustins, the cloister of Saint-Germain l'Auxerrois
Saint-Germain l'Auxerrois
The Church of Saint-Germain-l'Auxerrois is situated at 2, Place du Louvre, Paris 75001; the nearest Métro station is Louvre-Rivoli.Located at the center of Paris, by the Seine and near the Louvre, this former parish of the kings of France is generally regarded as the Church of the Louvre...
, the hôtel d'Aligre (from 1686 on), and again at the Louvre (from 1754 on).
Extremely criticized for its extended jurisdiction, the Grand Conseil nevertheless remained in existence until the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
Note: The "Grand Conseil" should not be confused with the "Conseil privé" or "Conseil des parties", which first appeared in 1557. With the "Grand Conseil" being a completely autonomous court of justice separated from the king's council, the need was seen for certain judicial affairs to be discussed and judged within the king's council, especially those in which the impartiality of the courts was called into question. These special session trials gave rise to a new section of the king's council overseeing contentious issues, which took the name "Conseil privé" ("Privy Council") or "Conseil des parties" ("Council of Parties", i.e. the party in a legal suit). The main area of jurisdiction of the "Conseil privé" was civil trials between individuals (especially in cases involving the presigious families and possible conflicts of interest among parlementary judges) and conflicts of judicial or administrative jurisdiction. The "Conseil privé" was presided by the chancellor, and made up of the maîtres des requêtes and the conseillers d'État. Like the "Grand Conseil", the Privy Council acted as a supreme court, pronounced judgements on the various sovereign courts of the realm (including the parlements and the "Grand Conseil"), and provided final judicial review and interpretation of law, oversight of the judicial corps, and judged disputes on royal offices, church benefices and problems between Catholics and Protestants.