jean-louis halpérin the first role to the Parlement de Paris. However, this change was only achieved with the reign of Louis XIV.12 The Parliament kept its functions as organ of government during the sixteenth century and, despite its apparent weakening between the failure and the Fronde (1643) and the death of Louis XIV(1715), it remained a fundamental piece of the French legal order. One of the first features of the new developments since the sixteenth century is the registration by theParlement of the great treaties concluded between the King of France and other great powers. This fact shows that theParlement continued to be associated to the great political affairs and it was also a stop towardsmore legal considerations in these treaties. After the defeat of Pavia and the capture of François I by the emperor Charles V(1525), theParlement had to maintain the government in Paris, whereas the queen mother and regent was in Lyon. The Parlement helped the king first for negotiating the Madrid Treaty (through the first president), then to denounce the treaty as inconsistent with the “rights and constitutions” of the kingdom (through the general procurator). Some years before, the situation was more a source of conflicts about the registration of the 1516 Concordat of Bologna. The king had to threaten theParlement to impose a treaty that was considered by the judges as inconsistent with the liberties of the Church of Gaul (according to the doctrine of “Gallicanism”). Here again, the apparent fight between the king and theParlement is less important that the common agreement about a fundamental question: every norm of canon law, emanating from the papacy, had to be submitted to registration and to be “accepted” to enter the French legal order. One of the most important consequences was the rejection in France of the canons of the Council of Trent. The “nationalization” of the French legal order was reinforced by this policy to restrict the influence of the papacy on the canon law as applied in France. The return of François I from his captivity in Spain was associated with an act of authority of a new kind in 1527: the first “lit de justice,”13 12 Antoine, Michel 1970 passim. 13 Hanley, Sarah 1983 p. 48. 123
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