Procedure relative to court transcripts.
12
TITLE II.
Specific Procedures for
Provosts of the Marshals of
France, Vice-bailiffs, Vice-
seneschals & lower
court Criminal Lieutenants.
[...]
21
ARTICLE XXVI.
IF the Accused is subjected to torture, the report of the torture will
be done by the court Reporter in the presence of a Counsellor from the Seat
& the Provost.
[...]
[...]
30
TITLE VI.
Information.
33
ARTICLE IX.
THE deposition will be transcribed by the Clerk in the presence of the
Judge, & signed by him, by the Clerk & by the Witness, if he knows
how or is able to sign; if not this will be noted, & each page will be
numbered & signed by the Judge, under penalty of incurred expenses, damages
& dues.
[...]
[...]
ARTICLE XII.
NO insertions between the lines will be allowed, &
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the Clerk will be required to have the erasures ratified, & the notes
in the margin signed by the Witness & the Judge, all subject to the same
penalties.[...]
ARTICLE XV.
WE forbid Clerks from revealing the Testimonies & other secret documents
of the trial, or parting with the minutes, except into the hands of our Prosecutors,
or those of the Seigneurs, who will take responsibility for them, & will
indicate the day & hour in the register, to remit them momentarily &
at the latest within three days, under
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penalty of suspension against the Clerk, & of a one hundred livres
fine, a half of it to Us, & a half to the parties.
[...]
[...]
ARTICLE XVII.
CLERKS appointed by the Officers of our Courts, will be required to remit
their minutes to the Court that has appointed them, within three days following
the end of the procedure; if it took place at the seat of the Jurisdiction,
[...] under penalty of four hundred livres, half to Us, & half to the
parties, [...]
83
TITLE XIV.
Interrogations of the Accused.
[...]
87
ARTICLE XII.
NO erasures nor insertions between the lines will be permitted in the minutes
of the interrogations; & if the Accused makes any change to it, it will
be noted at the conclusion of the interrogation.
ARTICLE XIII.
THE INTERROGATION will be read to the Accused at the conclusion of each
session, and all of its pages numbered & initialled, & signed by the
Judge, & by the Accused, if he wishes or is able to sign; if not his refusal
will be noted: all under penalty
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of being nullified, & incurred expenses, damages & dues against
the Judge.
[...]
[...]
91
TITRE XV.
Re-examination & Confrontation of Witnesses.
[...]
92
ARTICLE V.
WITNESSES will be re-examined [...]
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what they wish to add or diminish will be written, & a reading will
be done to them of their re-examination, which will be initialled & signed
on all of its pages by the Judge, & by the witness, if he is able or wishes
to sign; if not his refusal will be noted.
[...]
[...]
ARTICLE VII.
THE re-examination of the witnesses will be placed in a separate book from
other procedures.
[...]
[...]
95
ARTICLE XIII.
THE confrontation will be inscribed in a separate quire, & each one
initialled & signed by the Judge on all of its pages, by the Accused &
by the witness, if they are able or wish to sign; if not the reasons for their
refusals will be noted.[...]
Source: Louis XIV, "Procedure relative to court transcripts, in l'Ordonnance ... pour les matières criminelles " (: Chez les Associés, 1670).