Brittany, an old Duchy definitely joined to the Crown of France in 1532, is judicially governed by the "Breton Common Law”, written down for the first time in about 1320, and formally by the order of King François the 1st in 1539.
Brittany, an old Duchy definitely joined to the Crown of France in 1532, is judicially governed by the "Breton Common Law”, written down for the first time in about 1320, and formally by the order of King François the 1st in 1539. The 685 articles of the text were then finally reformed in 1580, and remained in force until the French Revolution. In spite of its precision, however, in the later centuries this fundamental text needed to be interpreted and adapted to the relevant time: the very important responsibility for this lay with the magistrates of the Supreme Court of Parliament, established at Rennes, organized upon the French model by an edict of King Henri II, since 1554. It is quite difficult to provide a detailed account of their interpretative approach, due to the absence of justification of judgments, in Brittany as well as in the whole kingdom. Fortunately, however, it is possible to study the Books of Chief-Judges of the Parliament, such as those of Guillaume de Lesrat (1545–1586) or René de La Bigotière de Perchambault (1640–1727). The former published in 1581 the most famous judgments that he pronounced, during the audiences "in red dress”, stating precisely both the case and, even if indirectly, the true grounds of the judgment adopted by the Court. The latter is the author of well-known "Institution to the French law, according to the customs of Brittany”, using an historical method and a method of precedent. The present paper focuses on his analysis of two articles of the Custom: Art. 82 on the feudal Right of assistance and Art. 311 on the "Right of Premesse”, i.e. the pre-emptive right, for family members, to purchase real estate in the event of a planned sale outside of the family. Very proud of himself, President Perchambault cannot resist comparing himself to the Emperor Justinian! However, forty years after his death, some of his interpretations were strongly attacked by another famous Doctor in Law: Augustin-Marie Poullain du Parc (1703–1782), Professor of French Law in the Rennes’ Faculty of Law and Chairman of the local Bar. He also makes a notable contribution to a better understanding of the "Breton Customary Law”, by listing and publishing, in 1779, all the sworn affidavits certified by the lawyers since 1669, after "judgments in red dress” have been prohibited by the "Great” Law on Civil Procedure.