Maréchaussée: Difference between revisions

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The Maréchaussée (English: Marshalcy) was a corps of soldiers in charge of policing 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.^[1][2][3] It retained powers of extraordinary justice (known as "prévôtale") until the Revolution.

Reforms carried out in the 18th century created the first national police force.^[2] In 1791, it was renamed the Gendarmerie nationale ^[4] and along with the National Police, is now one of the two national police forces of France.

The term marshalcy is from the French maréchaussée, which is derived from Old French mareschaucie, meaning "the marshalcy." This derives from mairichauciée ^[5] attested in 1287^[6] meaning "royal household", and in 1465 as "the office of the marshal".^[5]

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.^[4][a] 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 ^[fr], with its seat at the marble table ^[fr][b] in the Palais de Justice, Paris.^[3] The provosts appointed by the Grand Constable and the marshals^[clarify] 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.

By a royal decision of Francis I on 25 January 1536, the mission of the Maréchaussée was extended beyond policing the armies to include persons who did not fall under the jurisdiction of the presidial court: vagabonds, wandering foreigners, armed robbery, and highwaymen.^[7][2]

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.

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

According to the Criminal Ordinance of 1670, certain crimes identified as "royal cases" were 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), were judged in first and last instance by the provost courts. ^[fr]

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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. The edict of 1720 established fixed quarters for the units.

The Maréchaussée suffered from numerous problems—an uneven presence, lack of oversight, low number of personnel—aggravated by corruption^[c] of the officers and poor salaries, which led to a series of reforms, carried out between 1720 and 1778.^[8]

A series of reforms (1720, 1731, 1768, 1769, 1778) were instituted to make it more effective, reinforce its military character, and improve coverage in the countryside at a time when vagrancy was subject to increased repression.

The edict of March 1720 profoundly reorganized the Maréchaussée and accentuated its territorial nature. It created a provost court and a company of marshalcy in each of the thirty-six governments or provinces. The Secretary of State for War placed a Provost at the head of each one, residing in the chief town of the province, who could be placed at the disposal of the Intendant. The provostships (prévôtés) were divided into lieutenancies, with a lieutenant in each city heading up a presidial court, which in turn were subdivided into squads (brigade ^[d]) of four to five men distributed along the main roads. Each squad had to watch over about ten kilometers of road on either side of its headquarters.^[9] The "arrondissement" or "district" of a squad also included several dozen rural parishes in the area. From 1760, the archers (archers) of the provosts became known as "cavaliers".

The Royal Order of 25 February 1768 created 200 additional squads and reorganized their location, in order to achieve a more fine-grained and logical coverage of the territory. Nevertheless, in 1779 the Maréchaussée had no more than 3,300 men divided into 34 companies, one for each region (including Corsica), plus one for Paris and the Île-de-France, and another to ensure the king's security when he traveled, and 800 squads for the entire Kingdom.

After the reform of 1778, all the companies formed a single corps of 4,114 men on the eve of the Revolution, thus forming the first national police force in France.^[2]

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During the revolutionary period, the Maréchaussée commanders generally placed themselves under the local constitutional authorities. Despite their connection with the king, they were therefore perceived as a force favoring the reforms of the French National Assembly.

As a result, the Maréchaussée Royale was not disbanded but simply renamed as the gendarmerie nationale.^[10] Its personnel remained unchanged, and the functions of the force remained much as before. However, from this point, the gendarmerie, unlike the Maréchaussée, became a fully militarized force. During the revolutionary period, the main force responsible for policing was the National Guard. Although the Maréchaussée had been the main police force of the ancien regime, the gendarmerie was initially a full-time auxiliary to the National Guard militia.^[2]

In 1791 the newly named gendarmerie nationale was grouped into 28 divisions, each commanded by a colonel responsible for three départements. In turn, two companies of gendarmes under the command of captains were based in each department. This territorial basis of organization continued throughout the 19th and 20th centuries.

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

Notes

Citations

• 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.

• Bevans, Caleb Arundel (1941). The Old French Vocabulary of Champagne: A Descriptive Study Based on Localized and Dated Documents ... University of Chicago. OCLC 1048951173.

• 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.

• Carrot, Georges (1992). Histoire de la police française: tableaux, chronologie, iconographie [History of the French police: tables, chronology, iconography]. Approches #18 (in French). Paris: Tallandier. ISBN 978-2-235-01948-4. OCLC 1035815593.

• "Centre National de Ressources Textuelles et Lexicales" [National Center of Textual and Lexical Resources]. CNRTL.fr (in French). 2012. Retrieved 14 December 2021.

• Coulin, René (Colonel); École des officiers de la gendarmerie nationale (1954). Histoire et traditions de la gendarmerie nationale [History and traditions of the National Gendarmerie]. Paris. OCLC 1136097468.{{cite book}}: CS1 maint: location missing publisher (link)

• Sirpa Gendarmerie; Gendarmerie nationale (16 October 2016). "La gendarmerie, héritière des maréchaussées" [The Gendarmerie, successor of the maréchaussées]. French Ministry of Interior (in French). Retrieved 14 December 2021.{{cite web}}: CS1 maint: url-status (link)

• 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.

• Loi du 16 Février 1791 [Law of 16 February 1791] (Loi) (in French). 1791.</ref>

• 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.

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