Maréchaussée

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The Maréchaussée (English: Marshalcy) was a corps of soldiers in charge of police and justice in the armies of France since the Middle Ages, which gradually became a police force with jurisdiction over the entire population on almost the entire territory of France. It retained powers of extraordinary justice (known as "prévôtale") until the Revolution.

In 1720, the Maréchaussée was symbolically placed under the administrative authority of the Gendarmerie de France, a heavy cavalry corps integrated into the Household of the King (Maison du Roi) which was dissolved on 1 April 1788. In 1791, it was renamed the Gendarmerie nationale and along with the National Police, is now one of the two national police forces of France.

End of the Middle Ages

In the Middle Ages and to a lesser extent until the end of the Ancien Régime, the functions of the police and the justice system were closely intertwined. Kings, lords and high dignitaries rendered justice. In that sense, justice in the armies was part of the remit of the Grand Constable of France, who succeeded the Seneschal in 1191 as head of the armies, and of the Marshals of France who were his lieutenants. The Grand Constable and the marshals delegated their powers to their provosts.

Their jurisdictions, at first itinerant in nature, merged under Francis I and were established in Paris under the name of the Constabulary and Marshalcy Tribunal, with its seat at the marble table in the Palais de Justice, Paris. The provosts appointed by the Grand Constable and the marshals also rendered justice to the armies in provostal courts (tribunaux prévôtaux). The enforcement bodies of these different jurisdictions were the company of the Constabulary and the companies of the Maréchaussée, which were composed of archers (they were called "sergeants" before 1501).

The Maréchaussée were initially in charge of cracking down on misdeeds committed by soldiers and deserters, and also by mercenaries who formed roving bands of looters known as the "free companies" (Grandes compagnies), but over time the Maréchaussée gradually became more sedentary. After the appearance in 1445 of the compagnies d'ordonnance which were the first permanent paid army in France, the Maréchaussée was no longer satisified following armies around on campaign, and began to establish itself permanently on the territory under Louis XII.

Under Francis I

By a royal decision of Francis I in 1536, the mission of the Maréchaussée was extended to the policing of persons who did not fall under the jurisdiction of the presidial court: vagabonds, wandering foreigners, armed robbery, and highwaymen.

From that time on, the Maréchaussée was responsible for establishing and prosecuting provostal cases (i.e., cases that fell under the jurisdiction of the provost), but in fact it intervened in many cases that fell under the jurisdiction of the ordinary courts. The provosts now had a fixed residence.

Under Louis XIII

After the suppression of the Constabulary in 1626, the Constabulary and Marshalcy Tribunal was placed under the command of the Marshal of France.

Under Louis XIV

According to the Criminal Ordinance of 1670, certain crimes identified as "royal cases" are investigated by the Maréchaussée but judged by a chamber of the Parliament dealing with criminal matters, while the others, identified as "provost cases" (cas prévôtaux), are judged in first and last instance by the provost courts.

See also

• Criminal justice system of France
• Criminal law in France
• Judiciary of France
• Law enforcement in France

References

Notes

Citations

Works cited

• Besson, Jean; Rosière, Pierre (2004). La Gendarmerie nationale: An 1000 à 1899. Vol. I. Paris: SPE-Barthélémy. ISBN 978-2-912838-28-5. OCLC 420203290.

• Brouillet, Pascal (2003). Brouillet, Pascal (ed.). De la maréchaussée à la gendarmerie: histoire et patrimoine [From the maréchaussée à to the gendarmerie: history and heritage]. Service historique de la gendarmerie nationale. ISBN 978-2-11-093655-4. OCLC 469653906.

• Brouillet (2013). "Au commencement était la Maréchaussée". In Luc, Jean-Noël; Médard, Pascal (eds.). Histoire et dictionnaire de la gendarmerie: de la Maréchaussée à nos jours. Paris: Éditions Jacob-Duvernet. ISBN 978-2-84724-496-0. OCLC 869914346.

• Larrieu, Louis; Service historique de la gendarmerie nationale (2002). Histoire de la maréchaussée et de la gendarmerie: des origines à la quatrième république [History of the Marshalsea and the Gendarmerie: from the origins to the fourth republic]. Ivry-sur-Seine: Phénix éd. ISBN 978-2-7458-0796-0. OCLC 469644979.

• Centre de recherches sur l'histoire du XIXe siècle (Paris, France) (2002). Luc, Jean-Noël; Centre de recherches sur l'histoire du XIXe siècle (Paris, France) (eds.). Gendarmerie, état et société au XIXe siècle. Publications de la Sorbonne. ISBN 978-2-85944-449-5. OCLC 1050482324.

fr:Histoire de la Gendarmerie nationale (France)