Procedure relative to sentencing
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TITLE XXV.
Sentences, Judgments
& Arrests.
144
ARTICLE IX.
NO trial will be judged in the afternoon, if our prosecutors or those
of the Seigneurs have in their conclusions found in favour of death, or if
a sentence is to be rendered of
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natural death or of civil death, or of the galleys or of banishment for
a period of time. [...]
ARTICLE X.
AT trials that require an appeal to be judged by the king's judges, or
by those of the Seigneurs, and at which afflictive punishment will be called
for, at least three Judges who are Officers will attend, if there are as many
at the Seat, or Graduates; & they will make their way to where the Court
meets, if the Accused is a prisoner, & will be present at the last interrogation.
ARTICLE XI.
FINAL judgments without possible appeal will be rendered by at least seven
Judges; & if this number cannot be found at the Seat, or if some Officers
are absent, decline or abstain for a reason deemed legitimate by the Seat,
Graduates will be called.
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ARTICLE XII.
JUDGMENTS that are definitive or based on evidence, will be subject to
the least severe decision, if the most severe one prevails by but one voice in trials
to be judged and appealed, & by but two in those whose judgment is final,
without possible appeal.
ARTICLE XIII.
FOLLOWING the penalty of natural death, the most severe [sentence] is
torture under reserve of absolute proof, [followed by] the galleys in perpetuity,
banishment in perpetuity, torture without reserve of proof, the galleys for
a period of time, the whip, honourable amends, & banishment for a period
of time.
ARTICLE XIV.
ALL Judgments whether they will be appealed, or are in the last instance,
will be signed by all of the Judges who will have been present; under penalty
of suspension, damages & dues to the parties, & a five hundred livres
fine. [...]
Source: Louis XIV, "Procedure relative to sentencing, in l'Ordonnance ... pour les matières criminelles " (Paris: Chez les Associés, 1670).