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procureur during the period and to have been registered at his office. This rule was the occasion of frequent conflicts during the 17th and 18th centuries between the members of the
Basoche and the procureurs, and on the whole, despite certain decisions favouring the latter, the parlement maintained the rights of the Basoche. Opinion was favourable to it because the
138:, to the sound of tambourines and trumpets. We hear also of satirical and literary entertainments given by clerks of the Palais de Justice, and of the moralities played by them in public, which form an important element in the history of the national theatre; but at the end of the 16th century these performances were restricted to the great hall of the Palais.
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constituted the new
Basoche, which thenceforward consisted only of those who worked as clerks for the procureurs, the richer ones among them aspiring themselves to attain the position of procureur. They all, however, retained some traces of their original conditions. "They are admitted," writes an 18th-century author, "to plead before M. le lieutenant civil
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But this organization eventually became disintegrated, dividing up into more specialized bodies: that of the advocates, whose history then begins; and that of legal representatives, whose profession was regularized in 1344, and speedily became a saleable charge. The remnant of the original clerks
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To the last the
Basoche retained two principal prerogatives. (1) In order to be recognized as a qualified procureur it was necessary to have gone through one's "stage" in the Basoche, to have been entered by name for ten years on its register. It was not sufficient to have been merely clerk to a
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or legal representative) was still free in the sense that persons rendering that service to others when so permitted by the law were not yet public and ministerial officers. For this purpose there was established near each important juridical centre a group of
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issued by the procureurs were dreaded. These certificates held good, moreover, in places where there was no
Basoche. (2) The Basoche had judiciary powers recognized by the law. It had disciplinary jurisdiction over its members and decided personal actions in
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and before M. le juge auditeur; so that the procureurs of these days are but the former clerks of the
Basoche, admitted to officiate in important cases in preference to other clerks and to their exclusion."
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in localities within the jurisdiction of the parlement of Paris, and thus there sprang up a certain number of local basoches. Others were independent in origin; among such being the "regency" of
74:, that is to say, of men skilled in law (or reputed to be so), who at first would probably fill indifferently the rĂ´les of representative or advocate. Such was the origin of the Basoche of the
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had its special basoche, which claimed to be older even than that of the Palais de
Justice, and there was contention between them as to certain rights. The clerks of the procureurs at the
94:," and for a long time its chief, elected each year in general assembly, bore the title of "king." This he had to give up towards the end of the 16th century, by order, it is said, of
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of Paris had their own
Basoche of great antiquity, called the "empire de Galilée." The Basoche of the Palais de Justice had in its ancient days the right to create
118:, etc. In early days, and until the first half of the 16th century, it was organized in companies in a military manner and held periodical reviews or parades (
98:, and was thenceforth called the "chancellor." At this time it is said that the order included 6,000 clerks. The Basoche had besides its
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From its ancient past the
Basoche had also preserved certain picturesque forms and names. It was called the "kingdom of the
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brought by one clerk against another or by an outsider against a clerk. The judgment, at any rate if delivered by a
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155:, was authoritative, and could only be contested by a civil petition before the ancient council of the Basoche.
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Its powers faded over the years and towards the end, it had little genuine authority. It was abolished in the
122:), sometimes taking up arms in the king's service in time of war. Of this there survived later only an annual
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of Paris; which naturally formed itself into a guild, like other professions and trades in the Middle Ages.
47:) were recruited. It was an ancient institution whose roots are unclear. The word itself derives from the
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RĂ©pertoire de jurisprudence des Guyot; Recueil des
Statuts du royaume de la basoche
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308:. Vol. 3 (11th ed.). Cambridge University Press. pp. 484–485.
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Esmein, 1911, writes "no doubt", suggesting this is a presumed origin
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54:, the kind of building in which the legal trade was practiced in the
333: This article incorporates text from a publication now in the
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This article incorporates text from a publication now in the
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A procedure for obtaining a provisional judgment on urgent cases
126:, when the members of the Basoche went to the royal forest of
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134:, which they afterwards set up in the courtyard of the
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by the general decree of
February 13, 1791. In modern
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352:. Vol. 2 (1st ed.). New York: Dodd, Mead.
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338:
321:Études historiques sur les clercs de la basoche
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61:It dated from the time when the profession of
292:Esmein, Jean Paul Hippolyte Emmanuel Adhémar
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342:; Peck, H. T.; Colby, F. M., eds. (1905).
43:, from among whom legal representatives (
39:court system under the pre-revolutionary
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197:for the legal trade as a whole.
349:New International Encyclopedia
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1:
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238:Gilman, Peck & Colby 1905
367:Historical legal occupations
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144:certificats de complaisance
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102:, a grand court-crier, a
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382:Legal history of France
305:Encyclopædia Britannica
174:and the Basoche of the
35:of legal clerks of the
176:Parlement of Toulouse
100:maîtres des requêtes
153:maître des requêtes
183:French Revolution
160:Châtelet of Paris
136:Palais de Justice
112:procureur-général
16:(Redirected from
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392:Guilds in France
387:History of Paris
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164:cour des comptes
108:advocate-general
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195:pejorative term
84:sur les réferés
41:French monarchy
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372:French jurists
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323:(Paris, 1856).
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316:(Paris, 1654).
300:Chisholm, Hugh
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310:This cites:
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223:Esmein 1911
130:to cut the
104:referendary
56:Middle Ages
377:Law clerks
361:Categories
272:References
45:procureurs
344:"Basoche"
294:(1911). "
149:civil law
124:cavalcade
96:Henry III
76:parlement
63:procureur
116:chaplain
67:advocate
52:basilica
31:was the
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302:(ed.).
296:Basoche
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191:basoche
132:maypole
120:montres
92:Basoche
29:Basoche
18:Bazoche
298:". In
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187:French
72:clerks
201:Notes
193:is a
172:Rouen
128:Bondy
106:, an
49:Latin
37:Paris
33:guild
158:The
114:, a
110:, a
27:The
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230:^
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58:.
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20:)
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