RS 27

the legacy of the parliament of paris influence of the President of the Parlement Christofle de Thou to make the ideas of Dumoulin triumph in the new custom of Paris (1580). It can be said that the wholeParlement, i.e. the judges, the general advocates in the publicministry and the barristers pleading before the court (like René Choppin), acted as an advocate of the “French law”, mixing customs, romanized elements and royal legislation in its case law. For these reasons, one not must be obsessed with the political conflicts between theParlement and the king during the seventeenth and the eighteenth century: from the Fronde (a 1648-1653 revolt at the beginning of the reign of Louis XIV, triggering an alliance between the courts’ members who were guaranteed by the right to send or transmit their office through inheritance since 1604) to the parliamentary opposition during the reign of Louis XVand Louis the XVI (made possible by the reintroduction of the right to remonstrate against royal legislation in 1715 after the death of Louis XIV). Despite the violence of these conflicts, with attempts to obstruct legislation and strikes on the side of theParlement and arrests or exile outside Paris of the members of theParlement on the side of the Crown, the two institutions remained linked as “partner”. Many royal counsellors continued to be chosen inside theParlement and the public ministry before theParlements, whose members were freely chosen by the king, was a powerful group of middlemen between the king and the Parlement (politically it was the role of the general advocate Omer Talon during the Fronde). If one considers the careers of these great royal “legists” like Daguesseau (general advocate at the Parlement in 1691, then procureur general in 1700, finally chancellor from 1717 to 1750) or Joly de Fleury (grandson of Omer Talon, general advocate at the Parlement from 1705, then procureur general after Daguesseau from 1717 to 1746), the role of theParlement appears as a strong instrument to organize the French (and royal) legal order of the seventeenth and the eighteenth century. Through its case law (concerning several customs and one part of the provinces submitted to written law from Roman inspiration), its general rulings called arrêts de règlement (initiated by the public ministry and containing many 126

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