Speech of Mr. Léon Lyon-Caen,
Advocate General at the Court of cassation
THE COSTUME OF THE JUDICIARY
Historical and critical considerations
The first President Sir,
Dear Attorney General,
Gentlemen.
I
A day of the was 1858, - tells the Chronicle - while a heat was in London and was particularly felt in the rooms of meetings of the high courts of Justice, a renowned lawyer, Mr Knowles, who argued a long case in the Court of the Exchequer, to hasarda, while passing sweat, asked shyly to the President a exceptional favour, to remove his wig.
The Lord Chief, which was the same ornament and suffered from the same inconvenience, responded seriously to counsel:
"I seek a precedent." I know that in the climates of permanent heat, where one lives, under English law, judges and lawyers take off their wig to the hearing. Can you say me that England, by the fact of an air revolution added to all its revolutions, is now condemned to a permanent heat?
"I dare, replied the man of law, risking the Court also positive affirmation; "all I can say is he so horribly hot".
Has having unable to cite any previous clean to avoid a constant use, counsel was invited to plead wig head.
The demands of the label and the costume make us smile. Since the revolution, we do carry, thank God, or counsel, the wig. But, we understand more than the pump, if the example is lost magistrates who were once in dress, home as at the Palace, or counsel General Barentin, the keeper of the seals of 1788, which it was said that he was in simarre, the dress the magistrate remains, in our day, inseparable from the performance of duties incidental. It is the distinctive sign of his profession, his work and ceremonial costume.
And none of us, I imagine, was placed in the atmospheric conditions or attended by the high courts English in the incident that I said just above, was even the ermine collar or the cumbersome petit-gris of our chefs spotted coat, does one think to leave his costume to get more uncomfortable.
Is this point, moreover, a sign of attachment to our costume to see both of us express the desire that, after their death, moving their respected dress, symbol of a profession that they have loved and honoured, envelope their coffin?
Our professional garment, the port of which none of us can escape in the exercise of his Office, what is the origin?
It is one of the aspects of our past that we would like to revive, in tracing in a brief sketch 1' evolution, indeed quite hectic, our costume through the ages and up to our days.
II
Balzac, equating the dress of the magistrate of the priest and to what once was the doctor, saw a symbol and said: "these three men can estimate the world." "They have dresses black, because they wear the mourning of all illusions and all virtues": joke of the painter of the Humainequi comedy was too familiar with magistrates, having observed them as all the men of his time, ignore how the daily human misery show can sometimes cast a pall over their souls, but also they inspire a generous mercy. In all cases, the word of the great novelist is just one of these images which have liked his readily emphatic pessimism, and it is in the more positive data from the history that the costume of the judiciary is.
III
In the 11th and 12th centuries settled for men the use, from Italy, to wear long dresses and women. It is to him that we say, in short, be traced the origin of the judicial costume.
The Gauls practiced short clothing, the tunic. The Franks appear well the have adopted and, under the Merovingians as under the Carolingians, the tradition in was retained in the civil suit.
Quicherat, in his "history of Costume", is in the fifth century, civil society was distinguished into three classes by clothing.
Church people, who until then had were as ordinary of the faithful, considered more appropriate not to admit as long tunics Oriental. The depositories of the authority were in short tunic, with substantial coat.
For all others, held consisted of short clothing and small mantle.
It was in the middle ages, to the year 1100, that clothing of the men underwent a radical change. Court that he had been for nearly 600 years, it became long. This revolution that coincided with the triumph of the papacy on the temporal powers, some histoiens have been tempted to see the influence of the clergy. But he did not. The Church, on the contrary, the quite as a symptom of the loosening of sexual mores. It is the influence of the Italy that is due this transformation of the costume. In the North, the main author of this new fashion was Robert short-Heuse, Duke of Normandy, son of William the Conqueror, adopted it one of the first and fit accept by the nobles of his entourage. The English chronicler Orderic Vital, who lived then, blamed for having suffered that young people, it was his company, affectassent the development of women and encouraged the Knights to appear responsible for frisures neck and body wrapped in clothing that swept across the tile.
The Normans had certainly taken the idea of this form of clothing in their travel in Apulia and Sicily, when they went to visit their compatriots. When she appeared in the North of our country, it ruled for long enough already in the South, nearest time to Biscay, Spain and the Italy.
Moreover, it is sufficient to recall the costumes of the French and the Italians during the 12th century and the centuries to satisfy him of their absolute similarity. Italy, Scarlet color fabrics, fur ermine and vair are laid exclusively by the nobility, as a sign of independence and sovereignty. The purple prevail in Italy to all the costumes of magistrates and nobles of the time, especially in Florence. Those who do not belong to the first class of the city are the long dress of different colours.
The doge of Venice wears a scarlet robe, a cap of the same colour and ornate bands of ermine. The clothing of the Venetian senators and doctors of laws of universities closer to more that became, a little later, the costume of the Presidents and Councillors of our parliaments: red dress with same colour, ermine coat, bonnet or toque also chaperone Scarlet in colour.
In France also, the men in almost all conditions, bourgeois, noble, civil servants, magistrates, carried to the 14th century the long dress. It does not however appear that the nobles have adopted the Scarlet color; well, as in Italy, it was a sign of sovereignty; but it was, as such, reserved in France to the King and some of its judges. The King appears, indeed, almost always, and especially in the ceremonies, in red or blue, dress with ermine coat. The ornaments or fur trim, vair and petit-gris, were then rage.
Full clothing was called dress. The dress of a man included a rating, a surcot, a cotardie or in his place another mantle, a clevis or chaperone in fact, two dresses, in the meaning of the term, one of below, any of top, and a coat, including the length and shape changed with the seasons.
As the chaperone, origin of the badge that our dress still on the left shoulder, he was, initially, a real hood that could be back on the head for to save the rain and cold; It took place in the secular costume at the end of the 12th century. The tip, known as cornette, was hanging in the back, and then was aligned on the neck and fell on the shoulder. The chaperone changed its form later, took as a domino, and then a CAP, and ceased to be a hair ornament.
There, in the 13th century, between the costume of men and women, such similarities than archaeologists, even experienced, often confused gender on the monuments, all the more easy confusion that men were fully shaven face, beard and moustache who disappeared under Philippe-Auguste, long hair picked up behind the head and identified on the neck.
IV
Towards the middle of the 14th century, a new transformation occurs in the clothing. The dress, opened under Philippe-Auguste, fell out of favor and died in the reign of Philippe de Valois, probably under the influence of the military spirit. The nobility, the bourgeoisie itself, abandoned the long tunic which is substituted, as the jacket, a narrow camisole barely reaching the knees, to the outrage of some scholars and the high clergy.
The short dress, found clean action, adapted to the needs of a generation which events do not left free to rest, finally entered morals. But - and this observation has importance for the continuation of our history - it was not so in all classes of society.
A significant part of the nation, the King at the head, magistrates, men of administrators and Act, resisted the attractions of the jacket. It is from this time that long and loose-fitting dress itself became the special costume to the judiciary and some other persons of quality, which the perpetuated and breast da modern society and until the revolution. Our dress therefore appears simply as the former civil costume, made immutable by the requirements of use.
The world was, therefore, distinguished between "short dress people" and "people of the long robe."
These included, judges and officers of the Court (lawyers, prosecutors, bailiffs), the doctors of the universities, mayors, aldermen consuls and other magistrates of the corporations, who retained also the costume and wearing at least in ceremonies.
The colors of these dresses ranged from to infinity. The Parliament of Paris is perhaps the only body which has is an exception; He was always dressed in red. Gaignière, in his valuable collection of portraits of the Kings, princes, Lords and people of various professions, which are the different clothing of each reign, tells us that in the XIV and XV centuries, the popular judiciaries dresses, in particular members of the Hôtel de Ville of Paris, were usually parties, i.e. of a color to the right and another left, but that had nothing fixed : part white and purple, white and green, green and vermilion, etc.
Dresses of the characters of the judiciary were distinguished from others and what they were gathered or tight at the waist by a belt. they most often included two layered dresses, the outerwear, called "ganache", very long, closed to the neck, sleeves in pilgrim way, sometimes lined with or, for Presidents, filled with ermine.
Finally, the magistrates of the sovereign courts, as well as the doctors of the faculties, was reserved the chaperone. He still retained the form of a Cap. The part below the opening, overturned on top of the chest, left see the fur with the chaperone was doubled. It is in covered in ceremonies.
Lafaille, in his Annals of the city of Toulouse, described us the opening of the first Parliament of otherwise ephemeral, of this city by Philippe le Bel, in the year 1303; the King, dressed in a dress of cloth of crinkle gold, red, purple silk paperback bottom, dotted with flowers of lys and filled with ermine, fit back by its officers to the new costumes that were intended for judges. The Presidents were Scarlet coats lined ermine, a silk cloth bonnets lined with a circle of gold, robes of purple violet and chaperones of scarlet filled ermine; secular advisors and the Attorney of the King, red dresses with purple facings, and cassocks of green silk from below the dress, with the dressed Scarlet chaperones of ermine.
V
We come to modern times.
Under Royal orders and by the effect of secular became uses, also judges costume takes final shape and colors he held until the revolution. Valuable information we are provided in this regard by the curious and learned book of the President of the rock-Flavin, "Thirteen books of the parliaments of France", which recalls the style to the naive charm in places that of Montaigne and Amyot, his contemporaries.
He tells us. that red is reserved for the sovereign courts judges. The magistrates of the parliaments have only the right to wear the clothes of purple or Scarlet. It is the Royal color and the sign of sovereignty. One day, the sieur de terrace, master of requests, President of the Toulouse Presidial, if being allowed out in red dress, the Parliament he shipped two bailiffs who did so change clothes.
Judges of the non-sovereign seats, as also the lawyers, prosecutors, bailiffs, wearing the black dress, the members of Parliament were also custom to take regular hearing.
Used to wear two dresses on the other had also fallen into disuse.
The chaperon, whose fashion disappeared for others, remained in the costume of the magistrates. Its proportions always went in is narrowing. It was worn now shot on the shoulder. The made or chausse, today is still on our dress and that of teachers, is the last transformation of the ancient chaperone is the small image, and she kept more or less recognizable way the three essential parts: CAP, simulated by the heat of the environment, the leg and the cornette found in two appendices.
At the hearings of red dresses of the Parliament of Paris, the first President and Presidents to mortar appeared to be the head covered with their mortars in stripes of gold, dressed in their hoods of ermine, coats Scarlet fully filled of menu-vair, open closed at the neck on the right side. It was said mantle "split to one side". The first was remembered by three blades or letices of gold and was distinguished by three strips of white fur, sewn in level on each shoulder.
The Dean and the Presidents to investigations and queries were, in those days, their cape or made of lined purple of hermine, who was the distinctive sign of their dignity.
Secular advisors and the people of the King (which the suit was that of advisors), civil and criminal chief clerks wearing their dress, or rather their mantle of wool red wide-sleeved, with velvet, simarre or narrow-sleeved black silk cassock, simarre than a few portraits of the 15th century show us also of red color; their rosette belt and their ties, which the form many times varied. Advisors clerics had their violet Scarlet gown.
The form of the mantle of the Presidents also had variants following parliaments. But it was a tradition that he was the same for all Presidents of a Parliament.
They were used to hold the tail of this coat relieved and retained on the left side, to remind that their forebears, officers who were at the head first courts, had brought the sword.
I note, with the rock-Flavin, the costume of the Presidents was, except the scepter and Crown, that were, in the major circumstances, our ancient kings. It is thus began, in fact, Charles V to receive, in 1378, the Emperor of Germany in Paris. Jean Chartier represents the Chancellor of France paré, "vestu said, in royal dress", at the entrance of Charles VII in Rouen, in 1449. Monstrelet is the same fact and adds that Philippe de Morvilliers, first President, was dressed in Royal clothes when he received the King Henry of England on their entry into Paris. The same author tells us that upon his arrival in Naples, Charles VIII was dressed to Scarlet.
The hat round and flat, black velvet, passementé gold, known as the "mortar", and wore the first President and the Presidents "to mortar", was the former hairdresser of the Kings of France, given by them to, their more senior judges. Its form was not identical in all parliaments. In some, such as in Toulouse, the Presidents are covered; in others, it was so flat, other times so large that it could not put it at the top, which was also little inconvenience, the chaperone first, and then the CAP or later the wig is acting in turn.
In the parliaments of Paris, Pau, Douai, the mortar was double stripe for the first Presidents and adorned with a simple stripe for Presidents.
Presidents to inquiries and requests, which were not the mortar, advisors and people of the King covered a cap of black cloth right with puff, similar to that of the clergy. Round and high in Paris, Bordeaux, Dijon, he was low in Toulouse, square edges highlights, and closes on itself. The bonnet was preserved for the hearing and the inner life. Because, in the old days, magistrates, as clerics to our days, leaving little their costumes in their family, and this use is was even continued in the southern provinces almost up to the eve of the revolution.
Do not leave the former parliamentarians mortar without saying a word of the current toque black velvet of the members of the courts of appeal, is that the imitation,-this toque so often abandoned today and readily discounted in its carton. The mortar from the Presidents, who only had right, all Councillors, had to find another distinction, and it returned to stripes: currently, and after various amendments, two stripes of gold for Councillors, three to the Presidents of Chambers, four to the first Presidents. Members of the public prosecutor, their hair to modela modelling mass on the members of the head office. Until 1825, most of the Attorneys General were that the toque of the simple advisors, some that of President of the Chamber. But then, for the ceremony of Coronation, at the invitation of the Chancery, all took four stripes of early Presidents and them have been preserved. Had he been more appropriate to provide that the insignia of the Presidents of Chambers, because a judicial company has a head, which should grant the highest suit in hierarchical order.
But back to the former monarchy. The differences prevailing between the costumes of the Presidents following parliaments raised, in the 18th century, in the Parliament of Toulouse, a violent conflict which the memory was long perennial in this city, episode of the struggle of parliaments for their independence.
Complying with practices in force, of the new first President said Parliament, François de Bastard, had gone, in 1762, at Fontainebleau, before the King to be admitted to the oath, coated of common badges in its Parliament, mortar single stripe and without made of ermine mantle. Louis XV, surprised to not see wear same ornaments as his colleague at the Parliament of Paris, told him to take in the future those of the latter. This verbal invitation of the monarch for an order, the first was therefore to make a costume similar to that of the first of Paris and won with him in the Languedoc. What lift of shields it raised among his colleagues, when he arbora double stripe of his mortar and the made of ermine! Before the protests of the Presidents, he pointed out "that the double stripe was an attribute of the place of first President, in use in all the parliaments of the Kingdom;" "that he opposed to what Presidents including the shape of his, is offering to leave it and take one of them until they had done to make similar to coats".
A conciliatory proposal, Presidents refused access, believing "that they did nothing to change their clothes without the approval of the compagine;" "that it was the body that were honors attached to their support, that they did that exercise and that they refrain to appear at the hearing until Parliament had décidéé". A General Assembly was held on 17 February 1763, where the first had to explain the innovations introduced in his parliamentary suit and pointed out the incompetence of the company to decide this point of inner discipline, that only the King was entitled to settle.
Before the intransigence of his colleagues, he was forced to withdraw from the hearing. But they did so fetch by Chief Clerk in his hotel and the imminent among them. Finally, the majority voted an order holding that "the first President and residents of the Court would be required to comply with the own company and constantly observed uses thereof". So offensive that was this decision to the self-esteem of the first, the last, great player, took the party to forget the incident and, satisfied to leave to his portrait his children in costume under which he had chaired moment its Parliament, he resumed the mantle and the regular mortar of the Presidents of the second Parliament of the Kingdom.
The pump of the costume affected for centuries the great body of the judiciary was often the verve of the satirical and philosophers. Cordelier Michel Ménot, nicknamed his time "Language d'Or", one of these spirited religion which, at the end of the reign of Henry III, with Jean Boucher and porcine de Montgaillard, were sounding the chairs of the capital of their fanatical sermons, declaimed in his apostrophes: "gentlemen of justice, from which hold you this shine bright." Where do you wear this tunic silk red as the blood of Christ? "I tell you that your tunic demand revenge against you, because it is the blood of the poor people."
Nevertheless, the magnificence of the costume of our former MPs gave their audiences, in particular to those of the Parliament of Paris, a solemnity that attracted many curious kings themselves agreed to attend. Former use was that foreign sovereigns and princes who came to Paris were conducted by the King in Parliament.
Rabelais, which turned much ridiculed what he calls "the Palatine world", did not breach nor send Pantagruel to visit those he named cats thickets. It paints us, in his own way, their attire: "The cats-thicket are upon many horrific and espouventables;" they eat small children and graze on marble stones... They have not off outgoing, but within hidden skin hair and wear their symbol and motto all and has chalcun of eulx a gibbessière open... And to cover testes them mortified aulcuns cups in four gutters or braguettes, others of bonnets on reverse, others of mortars, militia caparassons.
The most horrible, it is Grippeminaud, the "Archduke" of cats thickets: "hands had full of blood, the gryphes and furcula, corbin beak snout, teeth of a boar quadrannier, yeulx brilliant as yeulx of a mouth of hell, all covered with mortars entrelassés of drumsticks: only apparaissoient the gryphes". (Book V, chap. XI).
During the former regime, the royalty and the parliaments themselves, jealous of their prestige, ensured carefully to require judges to respect the dignity of their character into their dress. They attached a great price to what they called the "decency" in the costume, as well in life private in public life. Convinced of the truth of the word of Dufaur de Pibrac, General Counsel to the Parliament of Paris in 1565, "that is not a small argument of the Interior of the character than the habit", they wanted "that the magistrate was clothes or too precious, too vile, too beautiful or too evil, but cut the poor, out of too much and too little.", which are dangerous ends".
They blamed as "the luxury and the triads of the clothes that the vileté, chicheté and sordité of a few judges who came to the Palace with old dresses showing rope, greasy hats and stockings similarly." Judges are great wrong to stand and dress in public people; "it is not decent to them to use clothes too mignards, perfumed, musk affiquets or other things clean and regular women".
In the 17th century, the recommendations of the judicial bodies and Royal edicts are becoming more urgent. because, at that time, abuse enter the customs of the judiciary, which was highly criticised in the opinion of the Kingdom. At the same time as judges, even of negligent whole parliaments duties of their profession, they do to do most of the severe and modest held alumni. Their attitude to the Palace is often unsatisfactory, according to the rock Flavin, that must be always cite when we talk about former parliamentary practice, and to give the magistrates of advice on the conduct to be observed at the hearing: "not looking up, not to bite the lips, not the front rider, or scratch the face."give hands a decent capacity; "the leg, it must be modest, be straight, attached and United, and not leg here and there, or on the other".
It took, in 1602, to make defence to come to the hearing "with low violet or grey" or "with shoes a color other than black. A royal edict of April 1654 was forced to intervene to confirm resolution of the Parliament of Paris and require that Presidents and councillors "wear their robes closed to the Palace, to the outside of the black suits with coats and collars, and are point to the places where they cannot be seen without the decrease of their dignity". But the Chancellor acknowledged that this edict "remained absolutely without execution".
Is this edict that La Bruyère, severe as many of his contemporaries in the place of judges, alluded when he wrote: "It it not that religion and justice go hand in hand in the Republic and that the judiciary enshrined men as the priesthood;" dress man can hardly be dancing at the ball, released to theatres, waive the clothes simple and modest, without consent to his own degradation; "it is strange that it had taken a law (this is the edict of 1654) to adjust its outside and thus force him to be serious and most respected."
This regulation went not without resistance on the part of the judges, who were jealous of the freedom of their costumes. "They preferred, said Lavisse, in its history (t. VII, part 1, p. 298), the grey dress and tortillée tie; they went to the Palace, cane in hand. The galant magistrate that begins to appear, as begins the Abbot of court, considers less than his ancestor to the long coat and long beards. "It is less also."
The label issues sometimes raised serious difficulties on the part of lawyers, which attached importance which is now excessive and childish. Sometimes they claimed the right to the Parliament, during the solemn hearings, "to the good days", as said Loisel, the dress of scarlet, purple or red, submission to which they appear to have given up the XVIèmesiècle. Sometimes they claimed the privilege of general counsel speak gloved hands. A decree of the Parliament of Burgundy of 10 may 1610 had prohibited to appear at the hearing with gloves, winter and summer. The Parliament of Paris, less stringent but is concerned about not placing lawyers on the same footing as the King, entitled to plead one gloved hand.
VI
Came the revolution, which carried off in the torment this former judicial, and costumes with her.
The constituent Assembly, through justice on new bases, anxious to break with the past, hostile to the ancient judicial institutions, whose abuse called a necessary reform, wanted a judiciary also austere and simple as possible in her dress.
It is quite spicy note that whether if justice, civil and criminal, would be made by a jury, requested Duport, Barnave, Lamothe and Sieyès, and if these jurors would be travelling or sedentary, was partly resolved by reasons relating to the costume. Garat, the future keeper of the seals of the Convention, called to notify Louis XVI the death penalty, which decided the Assembly to reject the institution of itinerant criminal jury. He showed that could not find the necessary severity of character and held in judges that would determine position and boots; require the functions of judge of contemplation and passenger judges would be subject to continual distractions (Monit. 1790, p. 494). These reasons determined the National Assembly to consider for the establishment of tribubaux sedentary, justices of the peace, district courts, Court of cassation, later courts of appeal. Fearing that the members of the new courts could, by their appearance, wake up old memories and revive old parliamentary morals, with them she did not want leave them the costumes of the old monarchy.
The Act of September 11, 1790, art. 10, attributed to the judges of the district office trïbunaux the black dress, a round hat by the front and topped with a plume of black feathers. They were also a coat cloth or black silk, with same color siding and a Ribbon in saltire in the three colours of the nation, which was hanging a medal on which were engraved the words: the Act. The costume of the Commissioners of the King differed from the previous by a detail of the hat, identified by a button and a band of gold. But the clerk was without plume.
As justices of the peace they were given no distinctive markings; but art. 12 of the Act of the 6-27 March 1791 entitled to wear, attached to the left side of the dress, a cloth, red border, blue, oval medallion on which were inscribed in white letters these words: the law and peace.
We will talk about in a moment in the costume of the Court of cassation.
Subsequently, history teaches us that the work of the constituent Assembly, in particular the system of election of judges, had not produced good results. Citizens were not judges the consideration and respect due to justice. The hearings were not always conducted with the necessary dignity.
Also the Convention, who was known, the passion of external events, was concerned to raise the large part of the public functions by surrounding a certain brightness. She did a test, remained unsuccessful, amendment to the judicial badges.
She did draw by David of the costumes for the members of the Assembly and public servants. The day before its closure, the 3 brumaire year IV (October 25, 1795), on this day where she passed a host of laws, which some real Codes, such as the Code of the maritime Inscription and the famous Code of offences and penalties, she found still time to write a sort of Code of the costumes, which at least for the judiciary, seems fortunately he never received execution, as it appears today, pompous and childish.
This Act was quite curious discussion, that retraca the monitor of the 12 brumaire year IV.
The Committee of public instruction proposed for members of the Legislative Assembly a white breeches, a large blue dress on the chest and a scarlet coat.
"This is a costume too jacobin", opina MP Hardy. Another, it is true, said for his part: "this habit dates back to the time of François I", "so said Councillor les Sablons Tarbé, in his book"Laws and regulations for the use of the Court of Cassation"that it was not expected to see quote François Ier as an authority before the Convention.
If there was agreement on the colours of the official clothing, which were to be national, i.e. blue, white, red, it does not got on their form; Marie-Joseph Chénier was not enough worthy proposed costume and claimed a dress, "which forms both the respectable and convenient imposassent to the multitude and were conciliatory respect for peoples to higher authorities".
The abbé Grégoire proposed a solution which ultimately prevailed: "forms of our clothes, said, are inartistes", if I may say so. The tables "or the statues will never bear the meanness of our current habits and the narrowed our draperies.". "The long forms are the only suitable for a Legislative Assembly". It was decided, on these remarks, that members of the legislature and the Council of the elders wear a white long dress, a blue belt, a scarlet mantle, all in wool, and a toque of velvet white.
This costume was, let's him see, adopted, with some changes, especially in the color device, for the Court of cassation.
But the dress was not made to the judges of the other courts, in fear that it ressuscitât the apparatus requiring former parliaments.
As the legislature intended yet enhance the prestige outside the judiciary, very compromised at the time, he took measurements, which moreover were not made to produce the desired effect.
It left under the Executive Board to the civil courts, become courts Department, costume set by the constituent Assembly, but on imagina to award a distinctive sign: it was a look of silver, the eye of justice, worn on the chest, suspended by a white, edged Ribbon of blue and red.
The courts of commerce had costume or hallmark.
A metal olive branch, suspended on the chest by a Ribbon with the national colours is awarded to justices of the peace. During the hearing, Justice of the peace had to take a large stick white, topped by an Apple of ivory on which was painted also an eye, but black hand.
VII
The Consulate and the Empire, while again reorganizing the judiciary, considered that "to place, as said Treilhard, to the high priority that must be in the State, it was appropriate to reconnect with the past the chain of traditions and meet throughout trappings of his authority".
At the same time that were reconstituted the former body justice as courts of appeal, that the law society was reborn, the Supreme Court became the Court of cassation, the holding of the past was made to judges. It is an institution of the past that Napoleon however forgot to resurrect, security of tenure!
It was also not without some hesitation that it came back to the old costume.
An order of the 24 germinal year VIII (April 14, 1800) it was first bounded to prescribe that the magistrates and clerks of the courts of the Republic will be dressed in black. Everyone except clerks, had to wear a coat short black silk neck folded, with all around (but only for members of the appeal tribunals and criminal courts) of a blue sky, the width of the collar silk band. A batiste tie was hanging on the chest. The three horns Hat had the form tight by a Ribbon of silk or black velvet and the attached edges to the shape by loops similarly.
On this dark costume ruled the vivid colours of the ushers, who had to take a national blue cloth dress and a red panties.
Symbolic ribbons of the Executive Board, the ridiculous 1790 plumes were banned from the costume, which was still, by more than one side, criticism and jokes.
This is the famous order of the 2 nivôse year XI (23 December 1802), reconstituted judicial, back the dress.
The judges of the courts of appeal and criminals (judges and Government Commissioners) were granted:
Ordinary hearings, the simarre of black silk. the gown of Black wool with large sleeves; black silk to such fringe belt; the toque of black silk United; the decaying tie of white batiste folded; hair long or round; the Presidents and Vice-Presidents, a black velvet stripe edged at the toque; the solemn hearings and public ceremonies, red gown, lined with a black velvet toque and President of two stripes of gold.
The costume of the judges of the courts of first instance was the same, except that the solemn hearings and ceremonies, has no red dress, Black wool toque is topped by a stripe of money, and the belt is light blue silk.
Chief clerks wear the same costume as the judges, but the non-galonnée toque.
It was almost complete return to the costume of the former judiciary. The order of nivôse is today, except the few changes brought by the uses or ordered by the texts, our dress Charter.
VIII
We do not have until then, - and deliberately, - spoke in the costume of our forebears of the Tribunal and the Court of cassation. It was subject to a special treatment.
After the Act, 27 November - 1 December 1790 had created the Court of cassation, another of the 11-12 February 1791, set, in its article 4, the costume of its members, in a manner analogous to that, described above, given by the Act of 11 September 1790 to the judges of the district courts. Austere and undistinguished, this holding at least had the advantage of simplicity. You can see the specimen in the magnificent portrait of Hérault de Séchelle, Commissioner of the Government of the Court of cassation, on May 16, 1791, which adorns the Office of the President of our criminal division.
This costume should be worn long enough by the Tribunal. The Convention, it is true, in his essay of consolidation of the costumes, had assigned many unique dress inspired by the ancient, reproduced, in form, that we saw in the members of the Council of elders and the legislative body, but with otherwise distributed colors: dress long and light blue toque, white coat, red belt. Marie-Joseph Chénier was the Canadiens held, "better after all in the case of military uniform proposed by the Commission and which the streak would have judges resemble the pants of the Italian comedy" (sic).
Tarbé note this costume, except the provision of the national colours, included the simarre, the gown and the toque of former judges. Yet, it seems certain that it was never worn. No doubt, in these times of public misery, it was found too expensive. There he substituted., in practice, the black mantle.
Under the Consulate, the order of the 24 germinal year VIII fixing the costume of the members of the judiciary, attributed, in its article 2, the judges of the Court of cassation, as distinctive signs a band of purple silk which was to decorate the mantle of black silk around it, loops of gold attached to form the edges of the hat, a braid of gold with such a gland with the shape of the hat.
We first that the dress was definitively made, before being, as we saw, 2 nivôse year XI, to the other courts. Indeed, an order of the 20 vendémiaire an XI (October 12, 1802) settled and, at the same time as the costume of the great judge, Minister of Justice, the Court of cassation.
1 ° To the ordinary days of separate chambers: simarre of black silk, red tassels of gold belt. gown of Black wool with large sleeves; toque of black silk United; decaying white Cambric necktie; hair long or round. For Presidents and Vice-Presidents, a stripe of gold of the toque;
2 ° To the hearings of the combined sections and days of ceremony: gown of red wool of the same form as the black; black velvet toque with a stripe of gold and two for the Presidents and Vice-Presidents; tie lace.
The Commissioner of the Government and attorneys had to wear the black gown a red border front and sleeves, a white border at the Red gown.
The Chief Clerk was mime costume as judges, but without gold in the toque and the belt, and the clerk-clerks, the dress without simarre and the toque of Black wool.
This costume was to remain until our days of our company, which became in title "Cour de cassation" under the organic Sénatus-consulte of 18 May 1804.
Minor changes him were, in the application, made later.
Thus the black silk of regular hearing toque, abandoned, was replaced by the black velvet toque. Advocates General, who took the title by a special Decree of 19 March 1810, have, as in a general way members of floors in all courts, waive the specific brands that differentiated their costumes of their colleagues in headquarters.
Let's meet again some interesting texts:
A decree of the 29 messidor year XII (July 18, 1804) recognizes the right to the back of the dress with a white fur the first President and the Attorney General of the Court of cassation: this is what this order incorrectly called "made".
Another decree of 4 June 1806 attributed to the three Presidents of our company the right to also wear the made "like, there is told, the first President and our Attorney General at the same court". The same right was granted to the Presidents of Chambers of the courts of appeal by an order of 25 December 1822.
Tarbé teaches, according to the records of our Court, she asked, on 14 July 1810, a change in his costume, which would including a robe and black velvet chausse, composed of a simarre, lining of the gown red silk lapels and sleeves. "Fortunately, in our view, adds the author, this wish was not fulfilled.
Is there a statutory or regulatory provision which authorized our first President and our Attorney General, and their example our Presidents of Chambers, to endorse in the ceremonies, imitation predecessors of former parliaments, the Mantel of white fur and mantle of petit-gris? It does not appear that what Mr Raynal Attorney calls "this solemn Appendix" has a legal existence.
A certain fact, is that the rite of the Emperor, December 2, 1804, the first President Muraire was already these ornaments, as attested by an engraving made up from an array of Isabey, which is part of the great published book on the sacred and which is our General Prosecutor's Office. "This innovation, said the Attorney General of Raynal, if it is one, which came in the spirit of the new empire, or rather this loan to old things, including the Decree of 29 messidor year XII gave the signal, had to be authorized or ordered by the Emperor, at the time where he intended to print an extraordinary splendour in a borrowed solemnity itself to the monarchical traditions."", and which in its view, should devote to the France and to Europe, the legitimacy of its authority and the perpetuity of his race".
The new costume that the first consul had given them, it seems that our great alumni of the Tribunal and the Court of cassation, proved to be quite profligate early. They were not not to display it at the numerous visits and official receptions, including Sir Caous, three years ago, you place the picturesque narrative, in the years that preceded the first Empire.
Under the Consulate as under the Empire, it was rare that our predecessors did rendissent not visit, every Sunday morning, in body and in uniform, Saint-Cloud or the Tuileries, to the head of State.
These hearings disappeared with the restoration, Louis XVIII not taking no doubt, because of his impotence, to perform. The port of the dress was therefore outside the Palace and the public solemnities, less frequent. President Boyer, who was forty-four years of service to the Court of cassation (a record), tells in his memories and talks (1844), that Court was not having to take the dress when she went in the Duc d ' Orléans, to which he was not yet forgiven to be the son of Philippe-equality. The Duke felt hard this offense and refused to receive the judges in city dress. The court having persisted in his attitude, the incident was brought before the King, who was a perverse pleasure to give reason. The Duke was then know that he would regret not to now receive our company.
IX
The costumes just to describe should be coated by the judges in functions. In the city, the first consul had planned for the members of all the courts, such as ceremony dress, complete, French black dress, coat short silk or wool thrown back, Cambric necktie, hat with three horns (sect. 9, arrested the 2 nivôse, year XI).
For members of the Court of cassation, a previous order of the 23 frimaire year IX had decided that they would outside their duties, a costume consisting of a black dress with embroidery in gold on the siding and the collar.
This costume of city of our predecessors was replaced by a costume more simple on the order of 20 vendémiaire year XI: full dress black, except to regular the Consul or great judge, the habit hearing should be accompanied by the Red MOP of gold, with United French hat and pending lace tie belt.
Under the restoration, on a report of the keeper of the seals, comte de Peyronnet, a decision of May 1827 Charles X authorized the members of the Court of cassation to resume to the City ceremony dress described in order of year IX.
The dress was form that were France peers. Tarbé adds that he could not be well worn only with the sword and that, by those who thought having to adopt it, ceignirent also the sword, which was, long ago, in the uses of the judiciary. We quote a few rare examples, particularly of Mr Guesle, Attorney General in the Parliament of Paris, who, August 1, 1589, struck his sword Jacques Clément, the murderer of Henri III.
The sword appears, admittedly, adapt poorly to the holding of the magistrate. Lenders of Rome were well preceded by axe and beams with licteurs, but did not personally the secret weapon. The consuls themselves did not only take the when, dressed in their military costume, they became General of the Republic, functions that French magistrates were never and will probably never be called upon to exercise.
Under the Second Empire, the custody of the seals Abattucci assigned judges a new costume city, friends of the past can find the detailed description in the orders, not repealed, of 22-28 May and 18-23 June 1852 (March, 1852, p. 414-435). Specifically, with regard to the Court of cassation, our habit of ceremony has the habit of black velvet embroidered on the collar, cuffs, patch and chest; the vest in black silk with embroidered around; rod pants with stripes in black velvet paperback contained sheets of oak and olive; the crop and the lace cuffs; the hat with embroidered band, moiré Ribbon and black feathers, and the sword.
This attire was worn under Napoleon III. Do not regret that he has fallen into disuse, in the absence of any compensation or bonus clothing, unknown, even for the costume of hearing, in favour dice magistrates.
X
The history of judicial costume would be incomplete if we say a few words of the rabat and beards, closely related.
Beard of judges spent by various alternatives. The use of bear beard had reigned without question until the 12th century. In 1143 King Louis-the-young was shaving the Chin as a result prohibited launched against him by the Pope, his subjects followed this example and the new use of shaving beard stood among judges and lawyers to François Ier.
But the Pope Julius II in 1503, left grow his beard. Charles-Quint did as much. François Ier imitating this example, to hide a scar resulting from a wound he had received of a courtier in entertainment. Therefore, nobles and bourgeois could not only adopt new fashion, inaugurated by a Pontiff, an emperor and a King. If the clergy, after some resistance, finally surrendered, the judiciary, she held and was resistant to innovation. The Parliament of Paris, to try to stop the extension, defended, by judgment of 1535, in all other gentlemen, Royal officers and soldiers, to grow their beards. It tells that Chancellor François Olivier, while he was that master of requests in 1536, is presented to Parliament in this quality, as it was entitled to, people of the King he was saying that he "not be received to attend the plea only after having cut his beard". Parliament went further and eventually to seek and obtain, in December 1520, a royal order, "that defence to all judges, lawyers, and others, to wear beards and dissolute clothing".
But this order was powerless to prevent the use of beards, eventually winning the Chancellors and the Parliament itself. The Hospital, as the is its superb portrait of the Condé Museum, the was opulent; It was said of him in Brantôme than "it was an another censor Caton, than this one;" "there the appearance with his big white beard, his pale face, serious way, but told to see that it was a portrait of St. Jerome". René de Birague, successor to the Hospital, arbora beard in his image.
This example of the heads of the judiciary brought the world of people to dress. And while beard had to support if harsh assaults before acceptance among them, thirty years later, it would have been lack of seriousness to not carry point.
The custom was general until the death of Henri IV. The rock-Flavin the notes and the regrets. "Formerly, he said, the Presidents and Councillors wore EBP beard;" "but, for fifty years, it is the contrary, which has carved out of the job to barbers, check how to beards, as much as there are fickle and bizarre moods of some people". The same author complained also that "there are of young advisers magistrates with a beard cut almost along the Chin, overcome the large whiskers very identified, curled and crimped with some hot turquesque how irons".
However, under Louis XIII, beard shall cancel in turn and is gradually dethroned by the moustache and the Royal. We see this new practice adopted by the President Jacques-Auguste de Thou, Omer Talon, Jérôme Bignon General Counsel, the first President of Lamoignon, the Chancellor Letellier, to the bar by the famous Patru, such as we show portraits that adorn the galleries or our court premises.
However some senior judges resisted this mobility of fashion. The first President Achille harlay de Sancy in 1616, the Advocate General Servin in 1626 were still loyal to the beard. And the first President Mathieu Molé, died in 1656, devoutly retained the traditions of the great the Hospital, wanted to revive his long beard, and his example, not the left never.
But soon, under Louis XIV, the introduction of large wigs brought the complete removal of the beard. While appeared in dress people the use of the rabat, first folded shirt collar, and then tie to floating edges, finally rabat as the wear clerics and that we see on the portraits of the Bishops of the 17th century.
It consisted of a piece of square lawn of first blue, then black, shared in two parts equal and bordered of white madtom. This parliamentary and ecclesiastical rabat has reappeared after the revolution, in our costumes of year XI. The text, recalling the origin of the rabat was something other than the two ends of the white tie, the call "tie decaying white folded", in baptiste for the courts and the courts of appeal, lace for the Court of cassation.
If, for some time, magistrates agreed tentatively to large and awkward wigs of Louis XIV, more similar to Manes as headgear, soon, under Louis XV and Louis XVI, they abandoned this whim of the mode confined to a simpler and shorter wig or hair powdered and spread in their lengthforming the bottom one or more loops.
The Revolution did disappear these customs. and for a long time, it was more issue for the people of dress wear beards or whiskers. The use, in the 19th century, wanted much more than higher instructions, that they recognized shaved lips and Chin. Only cut in Bush favorites were tolerated. Barbe Cup was seen as inherent in the costume and to the prestige of the entire judiciary. Senior magistrates of the last century does not bantered on respect for this mode by their colleagues as by counsel.
Master Leon Cléy, in her funny memories of young Parisian lawyer, published in the journal of the Palace (1897, vol. II, p. 12 and s.), tells how, in 1853, the first President Delangle did adjourn a unfortunate student who, before the oath, had the front to appear whiskers in his janitor, to leave his card.
In a still nearest time we, the Le Droit newspaper, in its issue of December 28, 1804, records that in the hearing of the second Chamber of the Court of Paris, then that a young lawyer developed conclusions, the President interrupted him: "master, you should not ignore that use prohibited to appear at the bar with some whiskers." -I thought that mine were so imperceptible that gentlemen could not see them. -It is not a question of quantity, it is a matter of principle. -Then, I ask you to return my trial, so that I could introduce me to the State Court. -Password for once. But please consider my observation in the future! »
Around the same time, beard led to one of these "burlesque trial" one of our distinguished colleagues, that excels to revive legal cases in the past and today, has told hand. As there was the "day of the Dupes" or "the affair of the Poisons", the judicial history was "the case of the whiskers". This dispute mock-heroic, driving the satirical new Boileau verve, was even brought to our predecessors, to the equal of the most serious legal dispute and found asylum in our books classic the Sirey and Dalloz, where the curious of the old things of the past in can find the integral relationship (s. 44.1.577, D. Jur. Gen.) (5Th lawyer No. 304).
The year 1844, three young lawyers the Court of Ambert, which had 19, appeared at the bar having left grow their beards. The Court found that this holding was a travesty unworthy of the respect due to justice under the gown. Without block full beard, the President invited them to shave their moustaches. He had, by twice, their severe admonitions and, before their resistance, to seize the bar of this scandal. One of them bowed; but the other two refused to abandon this irreverent found ornament.
At the hearing on 30 April 1844, where recalcitrant counsel had even appeared with their whiskers, the President did draw up minutes of the incident and the Tribunal, after deliberation in the Council Chamber, gave a judgment where, based on the Royal order of 1540, "on followed by uses without interruption since Louis XIV to the bar and in the judiciary, considering that the findings are a breach of the rules of discipline".", an infringement of the dignity of justice and a lack of respect for the judiciary, did defence said lawyers to appear in the future on the banks of the defence whiskers, and for doing so despite repeated warnings of the President, condemns them to simple censorship".
They stemmed in cassation. The House of the motions, chaired by baron Zangiacomi, Gaujal Advisor presented, in a learned report, history documented the question of beards in the people of dress through the ages.
On the third ground of appeal, alleging an excess of power, in that the Court would have punished a fact that no law place of the reprehensible facts, the rapporteur said: "the breach of discipline would be hard to justify, in the sense that it has been violated any of the rules written in this matter;" but the infringement of the dignity of the justice and the lack of respect for the judiciary can result in many circumstances. The Court saw this violation in the port of the moustache at the hearing by coated lawyers of the official costume with which she appeared to find little in harmony. Can this assessment be criticized, when everyone knows that moustache is of use only among the military, and that if it is made exceptionally in the civil order, she is admitted in the judiciary or lawyers... ».
The Court admitted this view and, on the consistent opinion of Advocate General Delangle, by judgment of 6 August 1844, it dismissed the appeal.
This strictness, which is now childish, furthered the last century, all the details of the costume. Some uses prevailed in this matter, to the equal of dogmas; and our elders of the XIXèmesiècle could stand up, as the concern for correction and external decorum, among the judges and their assistants, old parliamentarians to once.
The baron Séguier, who, first President of the Imperial Court of Paris in 1810, served faithfully as all successive regimes, and whose bad mood is historical, dealt not on offences, if light were, to the holding of anyone who wore the gown. The color of the pants and tie was the importance of the most serious legal controversies. Mr. Cléry tells how, under the Second Empire, one of his young fellow was accosted by a President, shocked to see the unfortunate, happened the summer of the campaign, to attend the appeal of the causes, leaving visible under her dress white trousers and a black tie under his rabat. "Master, exclaimed the President before this heresy, if you had your pants around your neck and your tie around your legs, you would perhaps dress!
We fortunately released chatouilleuses requirements of an excessive decorum. We are more errant. The old magistrate, to the artificial gravity, gourmé air, carved mask Medal, in smooth figure, to severe and dark clothing, could be the look; the morgue was often too haughty insensitivity: type has almost completely disappeared. The magistrate of today is democratic. At the city, nothing distinguishes more than the common man. At the Palace, only the distinguished the sober black dress or the more day red dress, the direct heirs of the costume of the parliamentarians of the former France and such as we made Bonaparte them.
XI
Should you want the disappearance of this centuries-old costume? Not, in my opinion.
Tried, at one time, we have seen, to delete. The test failed and after various trial and error, it was forced to return.
In some body of the State, particularly in secondary and higher education, the port of the dress, once of rigour, fell into disuse. Our fathers have known, in some ancient times that preceded the third Republic, schools amount Chair professors of the gown. Involve the more than in the solemnities. We do not believe that their authority is in is found diminished in their classes. The same practice is established among the teachers of faculties. Even in the defense of doctoral theses, which is singularly lost prestige, the vulgar jacket is allowed the members of the jury. Only remained faithful to the ancient use of law professors, except for rare and too well-known exceptions, endorsed courses and examinations the masterful dress, the same as that of advisers to courts of appeal, but the Red toque, probably after our common origins, affinities and the solidarity of our professions.
Some countries new, born of the post-war period or from the revolution, have abolished or have not restored the judicial costume, in the name of I know what levelling equality, whose excess leads to a vulgar and monotonous uniformity.
Our costume would be again threatened?
It is not, judging by some clothing concerns still remain, - perhaps even to excess,-the order of the day in the judicial sphere.
Master of Monzie, in his book "Magnitude and judicial servitude", tells the recent history of the Justice of the peace of the Lot, forced by the hoeing change of residence, was very concerned about in what costume he would render justice in the two townships now gathered under its jurisdiction. "I only have a dress, he said, to serve two townships; to remain in the spirit of the Decree of my institution, I let my dress instead even assigned me as headquarters. How to get justice in a courtroom where my jacket distinguish me evil of litigants in gown? ». This situation it considered diminished the concern seriously, when he found the solution to this important problem in the order of 18-23-June 1852 (March, 1852, p. 435), which instructs the justices of the peace to wear for outside acts of their duties such as raids of justice, transport, summonses, etc., a belt of silk orange with green silk acorns, small twist. Without this ornament, this brave Justice of the peace was unable to exercise its judiciary.
At the end of the great war, when were created pursuant to the treaties of peace, the ten eight mixed tribunals to judge disputes between the ex-ennemis States and their nationals, the magistrates obtained ideas, neutral democratic modern which should, according to some, lead to mandatory uniformity of the garment, believed able to sit without pomp or outward sign of their new dignity. But soon the simplicity of keeping them inspired discomfort. "They had the impression, said the author at which we borrow this story to life jacket flannel in the middle of the panelling of the rue de Varenne." Thus was composed, in July 1920, a costume to judge international: simarre black satin with two stripes of gold, black toque with four stripes for the Chairman, three for the arbitrators and general agent, two for alternatives to General agent or agents. The same uniform was soon adopted for all the mixed courts sitting in Paris.
Judges of the Permanent Court of international justice in the Hague has been attributed, without discussion it seems, the black dress, with velvet cuffs and lace rabat, as we can see the specimen in portraits that adorn the Council Chamber and the workrooms of the lavish Palace of peace.
Would I remind you that a few years ago a decree of 22 January 1931 (j. Off. 25), to establish between the President of the civil court of the Seine and the President of the tribunal de commerce a certain dress assimilation, decided that the latter, no doubt for its high and important functions, arborerait now, in solemn hearings and public ceremonies, the image of his colleague on the other side, the red dress, silk it is true, and with black velvet facings, then up to that date, and by Imperial Decree of 6 October 1809 on the organisation of the commercial courts, article 8, the members of these courts, including President wore the black silk dress, with same velvet facings.
This order of 1931, can say, upset the ancient tradition. Because until then, the red dress was that the courts holding sovereign; and the only exception concerned the two heads of the civil court of the Seine.
Finally - it is, believe us, the last event of the judicial mode in France - by the end of 1935 where legislative activity by orders in Council was so fertile, a decree of 7 November, which is not, it is true, a decree-law, came to change the Decree of July 7, 1811.
It had authorized the President and the Prosecutor of the Court of first instance of the Seine to wear, in solemn hearings and public ceremonies, the same costume that advisers to the Court. There was a reminder of the former privileges of du Châtelet and some important sénéchaussées, who had the right to judge présidialement, whose Presidents wore the red dress and whose judges were even the title of advisors. The new text has, no doubt with the creation by Decree of 28 December 1934 of the three posts of assistant prosecutors selected general substitutes near the Paris Court, to be distinguished from his collaborators, the Attorney of the Republic, and by the President himself, would be the first President of the Court of appeal toque. And it is true that the hierarchy has even in dress material, its requirements!
These recent developments show so that the traditional badges of our profession do not appear to stay.
On the merits, not the wish not.
We know this word of Pascal on the force of imagination: "our judges were well known this mystery." Their red dresses, their ermine which they cloak in cored cats, the palaces where they, the fleurs de lys, this August equipment was very necessary. "and if physicians had of cassocks and mules and that doctors had square bonnets and dresses too more of the four parties, never they have fooled the world, which cannot withstand this if authentic watch".
Does this a little wry judgment still contains a kernel of truth? Perhaps, if it is true that the Majesty of forms adds to the dignity of the service and a certain ceremonial in the justice system is necessary to maintain its prestige to the crowds, to secure the instinctive worship of peoples, and allow it to be what it is.
It was the opinion of Bridoison in the marriage of Figaro: "so who laughs a judge in short dress Aspen to the aspect of a Prosecutor in dress.
In all cases, without denying that a certain solemnity must surround the discussions and decisions of justice, this ground of psychological would be insufficient to justify the conservation of our costume.
Needless to point out that the dress does not give the magistrate the wisdom or science, nor the deployment of an advantageous channel cannot communicate to the floor the magnitude and the number.
"Of an ignorant magistrate".
"This is the dress that it welcomes,"
rumored with a smile, malicious La Fontaine who is doing we claw shots.
Much better,- and this is the profound truth that emerges from the red dress of Brieux, near surface views where paradoxical of the author on the role or the duties of the magistrate,-the dress is by itself powerless to ensure that if this whole exterior is behind is not, with knowledge, intimate dignity and independence of character which only can argue to the judge trust and consideration of fellow.
A politician leading, doubled a race writer and a remarkable lawyer, in the above cited book "Magnitude and easement judiciary" where do not feed our functions the same admiration professed Vigny for the trade in his work to the similar title, spoke in satirical of "slavery of the gown" terms He alleged that the French "to take to the secular gown in an Ersatz of the cassock for what it represents illusory religion and ghostly belief"; He accused magistrates, - people togata-, to the footprint of this dress easement, origin, - to hear, - trade justice, deformation professional of a certain solemn mentality close, stunted, hostile to any legislative progress and any judicial reform.
"If Napoleon, writing master of Monzie, we had inherited the Code by failing to leave the dress to the guardians of the Code by codicil, there is legislative long that civil law would be expunged of the principles of another age...". Nessus under his tunic was unable to relax the body and mind. Dressed Similarly, the judiciary is incapable of change... "Ab exterioribus ad interiora."
It is support, in brilliant terms, an apparent paradox. We do not believe that the dress of judges exercises over them such a retrograde virtue, nor that it shapes their brains and determines the formation of their character, so close their minds to new ideas. The dress does not make the monk. There, under the gown, more free spirits, enamored of social progress, the author does suggest. And if the true magistrate is slave of the Act, man, at his home following the word of André Gide on his Molinier President in false - Minters, knows, when it must "remove the robe."
Non. Despite the criticism outraged and somewhat bitter, let not, without yet having the fetish, - to impair our ancient costume.
First, it is, in the proper sense of the word, a "uniform". It presents the benefits. It testifies to a certain intellectual relationship between all those who wear. He is the sensitive brand of esprit de corps. At the same time it offers the advantage to delete among all those bearing all the differences of physical condition and social situation and print to legal companies, sitting in body and in public, with unity and cohesion, a character of beautiful and strict equality. At this point of view, is the dress not more democratic that the think its critics?
Then, without placing our ideal, as he we was sometimes criticized, in the full backup of the past, without fear to our workings judicial, if obsolete by some, timely and necessary reforms, reserve the most serious issues for, affecting on the merits of the Organization of our profession, rather than an amendment or suppression of our badges, which, for more than 130 years, has never been seriously claimed.
Finally, in this time of volatility and uncertainty, where both forms, categories, values, our respect, attached to which are dead or ready to die, he is healthy, he is worthy, it is fair to maintain certain traditions, especially when, - such as those I have had the pleasure to discuss before you, - maintained, except in the period of the revolutionary period, through all of the systems that the France is is givenThey recall the distant origins of our institution and are the remnants of a glorious past.
"The most reliable people to hope, said the President Poincaré, is the one who knows best meet his memories".
Gentlemen.
It is also a pious and beloved tradition who wants only to each resumption of our work, diverting our eyes from the restless show of the living, we focus a moment our thoughts on the image of those who have left us along our path.
Death painfully hit our company over the past judicial year, removing us two colleagues particularly appreciated and loved. In making their praise, I craindrais of them displeasing; because modest way to the death, they wanted disappear, as they had lived, without pomp and noise. Me yet allow trace in all simplicity what they were, the example they gave, and see the void that they leaving us.
Mr François, Joseph Casteil
Casteil Advisor was born on November 25, 1860 in Salses, in a sunny corner of Pyrénées-Orientales. Southern, it is in, lunch that, except for six years in Besançon, he made most of his career, assigned successively and the Prosecutor's Office and headquarters interchangeably and showing, by his example, that value magistrate knows assert abilities both in sitting in the functions standing functions.
Doctor of law from the Faculty of Paris in 1885 with a notable thesis on extradition, named Private Secretary to the Under-Secretary of State for the Navy and the Colonies of January 1886 and June 1887, he began as a substitute to Villefranche, on June 22, 1887, and then to Béziers, where his findings to civil, cherished, hearings of the tribunal and the bar, the correctness of his judgment and working habits the highlight. The year 1894 see it head of prosecution to Espalion and Rodez, where he succeeded wonderfully in the foundations of the Aveyron.
At Perpignan, where he remained ten years as Attorney then as President, he had a particular navigate his native country pleasure. Security of relations, the righteousness of his character, the jurisdiction with which he led the civil hearings, he there came undisputed authority.
Affected, on 5 April 1912, as Advocate General at the Court of Besançon, he held with brilliance the service of the 1st House, where he evidence, conclusions carefully designed, solidly supported and fed a great science of the law at the same time to an exceptional acumen in business matters.
His failure in the elections in the first constituency of Perpignan, in 1914, the kept to the bench.
We find on February 16, 1918 in Toulon, where he was, in the administration of a difficult prosecution, an energetic leader and vigilant, inclined, when necessary, to conciliation. His notes point out the assets and useful competition that he brought to the Admiral, maritime prefect, Governor of the entrenched camp, for the duration of the State of siege, in the many circumstances where this officer thought having to appeal to his judicial experience.
Ascension successively and without haste all levels of the hierarchy, ii was appointed on 2 January 1922, Chief Prosecutor in Bastia, then two and a half years after, in Montpellier. He knew, in the direction of the General parquet, never divest its moderation, this tact, this rigorous impartiality, this firmness, prudent and without stiffness, which formed the trait of his character, the constant rule of his conduct.
On November 23, 1926, he was called among you. He would find in the work and the learned deliberate your Civil Chamber, where he took place full employment of his higher faculties.
Many camped in the high and broad stature of his beautiful southern race, the coloured complexion, the courteous and open physiognomy, it attracted the sympathies. It was all modesty, all affability. Its warm welcome, his spiritual courtesy, his kindness, benevolence and the charm of its trade earned him among you many loyal friendships.
Its reports, the result of patient research, hit by security and abundance of documentation. Its judgment projects, always carved with a feather alert, firm and sober, were noted by the concern of the solutions at the same time human and fair. What he saw was well seen. In the deliberations, his lucid mind, weight and balance, knew shed light on the most difficult issues.
The multiplicity and the difficulties of application of the new laws require today, here as in most functions, specialization. Casteil Advisor specialized in the matter of labour accidents. Very quickly, he acquired the perfect control of these issues, often very complex, become the more specific field of its activity.
Act of 9 April 1898 had the good fortune to successive interpreters to the Civil Chamber two judges hand, gentlemen advisors Reynaud and bag. The first, from 1899 to 1913, the second from 1916 to 1926, had had the merit of practical solutions to the many problems caused by the operation of this lively new legislation; seeking to enclose them in specific doctrinal formulas and to ensure harmony with the intentions of Parliament.
Mr Casteil, better qualified than anyone to collect the succession of these eminent two magistrates, sut continue their work in the same spirit, with the same social meaning very sure, without ever losing sight of generous ideas that had inspired the great legislative work. Because, for him, the right was not crystallized and inert thing and the written law must be interpreted in the same spirit that has dictated it.
The body of doctrine that emerges from your judgments in this matter of accidents at work is, certainly, one works, the contemporary period, making the highest honour to our company. As the President Falcimaigne, can quote as one of the best examples "of the heavy task that the interpretation of new laws, and especially so-called social laws, imposes on the Supreme Court". Of this great work to which gave all, Advisor Casteil was one of the more fruitful.
Is not that it contained in judge. The example of the Advisor bag, which he wanted to continue the tradition of both the doctrinal in its support Advisor, area believing that the Treaty of the latter, reached its 7th Edition and which has such authority, had need of an update, it undertook a 8th Edition, of which the first volume was published in 1934; without nothing touching the frame of the work, he wanted to keep it abreast of legislative changes and the new jurisprudence. Death stopped following this redesign, which, hopefully, will be continued.
Advisor Casteil mit also his profound legal knowledge in the service of scholarly or official commissions, groups which were not in vain appeal to her competition. I had the happiness to meet sometimes in meetings of the Union for the unification of private law between the Allied and associated nations, chaired by Dean Larnaude, and I remember the correctness of its interventions in the discussion the persuasive force of its comments, always collected with the greatest care and marked on the corner of a perfect practical sense, due to the more extensive judicial experience.
It is without doubt that did choose as a delegate of this Court to the jury of the contest of aggregation of law for private law schools, where he served on several occasions, even in the weeks before his death. He went, I know, outstanding service and its connaisancas practices of the jurisprudence came useful complement to more theoretical views of his colleagues of the Board, representatives of the enseigneruent of the law.
Loaded in 1928 of the Chancery for the purpose a mission to conduct a survey of some of the incidents raised by the liquidation of potash production facilities of Alsace, he is acquitted, his delicate task with sure-footed and authority that earned him the thanks and congratulations personal of the keeper of the seals, Louis Barthou. "True to your past, wrote to him, and equal to your reputation, you have been great magistrate".
But the inexorable time of retirement was approaching. Who could believe in the light, for 75 years, in full physical force, in full and any child intellectual activity? On November 20, 1935, he was still sitting among you: it was his last hearing. When completed, this delicately that characterized, it is terminated quickly, to conceal his emotion and avoid the farewell of his colleagues. On 25 November, admitted to retirement and appointed Honorary Advisor. But he was to enjoy a few days of rest of the honorary membership. On 29 November, he was gone, full of lively, in the competition of aggregation and his colleagues had, after the meeting, heard tell of old memories that he knew make if living and so interesting. On 3 December, by a brutal blow of fate, an evil which does not forgive the terrassa. Advisor Casteil leaves us the memory and the example of a life just and right. His beautiful and strong personality is not those on which to drop the silence of oblivion.
We respectfully ask his widow of sincerely painful sympathy for the loss that reached us, as it reaches itself.
Mr Pierre, Paul, Gilbert Régnault
Quite different nature was Mr Régnault Advisor.
Born on 24 September 1868 in Bordeaux, he had remarkable studies in law. Received doctorate in 1394, with a thesis on the dowry inalienability which won him an award from the Faculty of Paris and put him immediately in view, he felt worn by its taste, its mindset, his love of the work, the extent of general culture, to the aggregation. It is a difficult competition, which already at the time, had few places for a large number of competitors. His teachers encouraged in this way and he felt certainly attracted to the beautiful independence of a career political influences and the miseries of the Brig have never reached. He tried his forces and approached close to the goal. If it was not, its failure held in the Competition Act, which requires the Board to oust, by comparison, excellent candidates.
Regnault was one whose testing had, in the words of one of the members of the jury at the 1899 competition, Mr Alfred Le Poittevin Professor, found a safe science, a clear form, a methodical and fine spirit. The jury - this is a benefit reserved for those classified at the top of the eligible - the proposed to the Minister for a position of lecturer. He was appointed responsible for conferences of doctorate in the Faculty of Paris, where it enjoyed much its services, at the same time that it is launched to court in the Office of master Morillot practice, the prominent lawyer on the boards, whose son continues to the bar of this Court the traditions.
However his age (he was 31 years old), the hazard of a new competition, to take place in 1901, with a number of very reduced, the desire to immediately find a stable and definitive in its activity, job he made to the great regret of his masters, abandon the path of education.
He turned to the judiciary, asked and managed to be appointed on 3 July 1900, Deputy about the tribunal of the Seine River, where it was attached to the public prosecutor judge. For seven years, he belonged to the category of deprived magistrates, fortunately disappeared today, which provided considerable labour, that the State considered it unnecessary to pay. Immediately his rare qualities did so noted and the declared at the top of the judges of the tribunal.
Appointed counsel in 1907, its leaders like to highlight the maturity of his mind, the extent of his knowledge, the power of its faculties of work, concise elegance and correctness of his word. Of "outstanding" professional value, they noticed, "he brings in the exercise of his duties a degree of perfection that they have rarely seen reach". He had, in particular, the stuff of a true civil law, and its strong studies had formed it at the school in the private, law imprinting in him is never cleared.
It is responsible for all important trials, these so-called "financial" business is hardly that in Paris, which require all together a big job for the settlement of procedures, comprehensive legal jurisdiction and of rare qualities at the hearing.
It has not forgotten with what science he knew resolve year floor of the river Seine, the Affairs of the fund families, and refineries of Egypt, of the financial Rochette, the Prosecutor's Office of the Court, those of the Industrial Bank of China, the cargo French, and other of the same kind, with difficulties, which had their hour of Fame.
He testified the same superiority to civil hearings and served for five years, the formidable headquarters of the Crown to the first Chamber of the Court, with a radiance which the memory is not lost. He liked to say of its passage in the first House that was the most beautiful time of his career. and while those who like him had the same honour in sharing will not contradict the.
Its conclusions, as its closing, were models of judicial oratory. Knowing all of his topic, disdaining, as befits the speaker for the Prosecutor's Office, unnecessary developments and the oratorical Declamation, he knew pruning the retail and the accessory brush for right walking his path towards the goal and discern the outline of the trial. He had the gift of the shortcut, the synthetic statement and excelled to summarize in a few forms, deliberately uncluttered, often startling in their brevity, the bulk of the most complex record. Bright, sober, direct, well stamped of a sharpness which was the clarity of purpose, his word was the same care to motivate its own decisions and to persuade his listeners. In its conclusions, was sacrificed for the demonstration: a demonstration light, timbered, which embrace was irresistible.
It was, moreover, to all the functions of the judiciary. We live well during the war, where while maintaining his duties in the first Chamber, he was responsible for the Organization of service receivers, which was then adopted in the France. It was a new service to set up, raising administrative and legal issues such as private and public international law the most varied and the most difficult. Those who have been affected recall activity needed to deploy and the theoretical and practical difficulties that stood every day under their feet. After the foundation of this service, Mr Regnault had the merit to ensure, for many years, the operation and monitoring. He proved, on this occasion, a Director of the first order.
The year 1917 the sees to the Prosecutor of the Court, where he demonstrated, the ninth Correctional Division and in the first House, same qualities of great hearing magistrate, who say to the heads of the Court "that it is one of the most complete and powerful minds that they have encountered in their careers".
Uploaded by Decree, in the last years of the war, to assist the Attorney General at the Court of justice in a trial then resounding, he knew bring its duties a tact and authority strongly appreciated by the President and members of the Board of education, who had to call in its collaboration.
Accession to the Supreme Court, on October 29, 1926, he was leaving the Prosecutor's Office for judicial sitting. He feared the change of functions. But his impeccable legal science, which made it as safe of his pen for his word, his accuracy close to observe the duties of full independence, which he had always given the example to the public prosecutor by the strength of his character, made that he was as well at his place in the Chair Advisor to General Counsel headquarters.
Assigned to the Civil Chamber, he matured his reports and projects of judgment, always more perfect precision and certainty. He knew that the work of the judge, to the Court of cassation, requires as much as culture and critical reflection and he had willingly endorsed this word of one of our latest and most eminent guards seal that "the magistrate should not be transformed in I know what accountant or Manager, of which the capacity and the merits is love according to the amount of disputed material he was able to manipulate in a given time." Him might have been saying what Fléchier said in his funeral oration of Lamoignon,: "in a profession where mistakes are never small and almost always are irreparable, it is feared nothing until the error in its judgments.
Such was the magistrate.
Human the worth, by his qualities of heart and character.
Private from the age of 18 years from his father, Director General of Manufactures of the State to the Ministry of finance, he had, model son, lived and grew up alongside a dedicated mother, that had made him its support. Between mother and son, the union was close, complete. It was the pain of the loss in the last years of his duties as General Counsel. The death that he had never left and affection met life dug in his home, now deserted, a vacuum that nothing could not fill. Her colleagues and friends saw how much his existence was upset. He knew then what that's worth, to soften a great pain, work and effort, requiring to lift the eyes of a dear falls to life. "The work, said Vigny, is an oversight, but an active oversight, which should be a strong core."But-to be surprised? -of this cruel separation, he always remained in our colleague, rather dark nature and folded on itself, an increasing tendency to melancholy.
Regnault was a modest. A who did not, the first contact with the man produced an effect a little remote. But under the apparent coldness of his face, a long beard, regular features, to Frank and penetrating look hid a deep sensitivity, burning convictions, a profound distinction of the soul. Reserved, he did not like to engage. Only moral probity forced his sympathy. When he had gauged his man and considered it worthy of his confidence, he the gave full and without reluctance. He only did that with those which it had granted really his friendship. but, once given, he remained faithful and the privileged that it had shared retain infinitely sweet remembrance.
The essential feature of its nature was independence, independence land, coming from the most intimate of his personality.
Free of vanity, enemy of any compromise, he did not know the plot; He shunned publicity and honors. No one unless it concerns his progress, which imposed its only personal merits. That time understood it is regrettable some complacency or weaknesses of consciousness, which are, in modern society, we must acknowledge, one of the causes of the current moral malaise! Cynical careerism revolt rectitude. When some baseness was, revealed, he left fall, severe and harsh, the judgment that was appropriate and was not concerned with the potential to compromise to say out loud what he thought just and true.
In the important functions that he long held the Prosecutor's Office, never the less deal with the requirements of justice admitted, and he knew, to take its requisitions, claim full freedom of his pen, and his word.
He died on 13 January 1936, a late careful dental abscess. Hard to suffering, too much for to what touched personally, he had not given his sufficient attention. As a result of the surgical operation that he had to be won. He was sixty-seven years old. The see, a few days yet before, in full force, the look healthy and vigorous man who, throughout his life, had liked the outdoors and walking and did not know, that was the time, port of mantle, who would have imagined a rapid end?
This perfect magistrate will retain, him too, a privileged place in the worship of our memories. Men like the ones I have just mentioned incompletely the merits are the honour of our profession. They added to his titles of nobility and continue beyond the grave, to serve and protect.
Although as it occurred, I cannot ignore the death of Mr honorary first President Paul André. More than any other, his disappearance has struck at the heart of our company. Today, I had to simply pay a grave tribute to his deeply venerated memory. It will be in accordance with our traditions, for my colleagues who will succeed me year next to this place to fix the features of this beautiful, of this great figure of magistrate.
We, gentlemen, to other grief than those of death: they are those that we inflicted the fatal act of retirement; a recent regulation has, this year, significantly aggravated the severity.
Age came out at their headquarters Mr President first, Lescouvé, Sir Scherdlin, Mr Adviser Dean Wattinne, gentlemen advisors Bompard, Fortin, Fabre, Fingal, Béguin, of Barrigue de Montvallon, Paul Dumas, Legris, Lesueur, Thuriet, Zambeaux.
They are parties in retirement, where our affection following, after travelling a long way, leaving behind a career nobly, worthily and effectively met, any of constant work and dedication to our common ideal of justice.
Gentlemen lawyers.
Judges I have just recalled the memory had, I know, your sympathy; better that anyone you know their moral and professional value: you are our best judges. Are we not living, as well, of a common life? Did we belong not to the same judicial family, where close relations, made of deferential courtesy, mutual assistance, mutual esteem, here are the rule?
If it is true, as said Labori, would not be of great bar without a large bench, it cannot design justice without a law society, supporting judges in the performance of their tough task and with their confidence: you have our whole.
