“To Introduce into Office Possession and Seisin”. The Legal Basis of the “Property to Power” in French Royal Administration in 14th — 15th Centuries
“To Introduce into Office Possession and Seisin”. The Legal Basis of the “Property to Power” in French Royal Administration in 14th — 15th Centuries
Read   Download pdf
Annotation
The article is devoted to the investigation of the formula for the appointment of officials in the French royal administration of the fourteenth and fifteenth centuries: “to introduce into office possession and seisin”. It’s appearance in the 1360's. is established, as well as the stages of the posts’transformation into the object of ownership (fixing the staffs of departments and services of the crown of France, formalizing the contract with the king, developing criteria for selection for service on the principle of professional suitability, etc.) in the context of the transformation of the nature of the royal authority towards public power. The legal status of the offices changed under the influence of canon law (“clericalization of services” and their conversion into benefices). At the same time, private legal practices developed in the transfer of posts: a lifetime salary, a concession and the sale of offices. They were allowed to officials after a long period of service and impeccable performance of their official duties. To attract officials to the service was introduced a rule on the right of possession and seizin for positions held. Both components of the formula, taken from Roman and customary law, underwent a transformation within the framework of the medieval legal space. The article gives an analysis of the origin and evolution of both concepts in French law. As a result, it was shown that the introduction to the seizin of the office guaranteed the retention of the status of an official if he held a position for a long time and flawlessly fulfilled all the obligations on it, enshrined in the oath that he swore upon admission to the service. The conversion of office into possession on the status of the seizin gave the officials then the right to dispose of them from the moment they took office. The ritual of taking possession and seizin of the post reflected the public-legal nature of the royal administration: the publicity of the act of acceptance for service, performed not by the monarch, but by authorized agencies. As a result, the royal administration received legal guarantees of autonomy from the person of the monarch and political neutrality.
About authors
Susanna Tsaturova
Senior Research Fellow of the Institute of World History
Полная версия доступна только подписчикам
Подпишитесь прямо сейчас