michel de l’hôpital & christophe de thou withdraw the requirement that its members make a profession of faith.56 A major confrontation between the chancellor and the Parlement of Paris took place in November 1563. L’Hôpital came to the Parlement to deliver a speech, in an assembly which turned out to be a scolding session. He was point-blank with his disapproval of the court’s repeatedremonstrances. He stated: “Even if kings command anything which seems unjust”, it remained the duty of the magistrates “to use modesty and prudence, instead of opposing the kings’ wishes.”57 The judges observed some laws and refused to observe others; this was “a bad example and creates confusion in justice” because the parties, holding in their hands the written laws, did not know why those laws were not observed in their cases.58 The chancellor also broadly chastised the law court for the laxity of discipline among its members. The abuse of épices “has become more serious today than ever before.”59 He stressed that themercuriales must be held and the ordinances must be observed. The mercuriale referred to a general assembly of the chambres of a Parlement, held to monitor the internal discipline of the judges. Thegens du roi –avocat général andprocureur général – gave discourses in which they reprimanded the judges for misbehavior or failure to fulfill their duties.60 The chancellor warned that if the judges failed to observe the ordinances the record of the mercuriales would be sent to the king.61 The Parlement should pay more respect to the petitions from lower courts, as he did not wish to receive any more complaints from the présidiaux and prévots des maréchaux.62 L’Hôpital flatly declared that the judges, obstructing royal efforts for pacification, deserved blame. He stated: “I think the judges are in part responsible for 56 Roelker, Nancy Lyman p. 289. 57 Discourse of 12 November 1563, at the Parlement of Paris, in L’Hospital, Michel de 2013 p. 64. 58 Ibid. p. 67. 59 Ibid. p. 68. 60 The practice of mercuriales was first prescribed by Charles VIII in 1493, to take place every two weeks on Wednesday. In the sixteenth century, the mercuriales took place once a trimester, and eventually once a semester (Ordinance of Blois of 1579, Art. 144). See Gaudemet, Jean (n.d.). 61 Discourse of 12 November 1563, at the Parlement of Paris, in L’Hospital, Michel de 2013 p. 68. 62 Daubresse, Sylvie 2005 p. 162. 146
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