Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
The sale of royal offices is one of the characteristic features of the
_ancien regime_. It had begun early, and, apparently, with the office of
councillor of the parlement of Paris, when this became permanent, in the
second half of the 14th century. It was first practised by magistrates
who wished to dispose of their office in favour of a successor of their
own choice. The _resignatio in favorem_ of ecclesiastical benefices
served as model, and at first care was taken to conceal the money
transaction between the parties. The crown winked at these resignations
in consideration of a payment in money. But in the 16th century, under
Francis I. at the latest, the crown itself began officially to sell
offices, whether newly created or vacant by the death of their
occupiers, taking a fee from those upon whom they were conferred. Under
Charles IX. the right of resigning _in favorem_ was recognized by law in
the case of royal officials, in return for a payment to the treasury of
a certain proportion of the price. In the case of judicial offices there
was a struggle for at least two centuries between the system of sale and
another, also imitated from canon law, i.e. the election or presentation
of candidates by the legal corporations. The ordinances of the second
half of the 16th century, granted in answer to complaints of the states
general, restored and confirmed the latter system, giving a share in the
presentation to the towns or provincial notables and forbidding sales.
The system of sale, however, triumphed in the end, and, in the case of
judges, had, moreover, a favourable result, assuring to them that
irremovability which Louis XI. had promised in vain; for, under this
system, the king could not reasonably dismiss an official arbitrarily
without refunding the fee which he had paid. On the other hand, it
contributed to the development of the _epices_, or dues paid by
litigants to the judges. The system of sale, and with it irremovability,
was extended to all official functions, even to financial posts. The
process was completed by the recognition of the rights in the sale of
offices as hereditary, i.e. the right of resigning the office on payment
of a fee, either in favour of a competent descendant or of a third
party, passed to the heirs of an official who had died without having
exercised this right himself. It was established under Henry IV. in 1604
by the system called the _Paulette_, in return for the payment by the
official of an annual fee (_droit annuel_) which was definitely fixed at
a hundredth part of the price of the office. Thus these offices, though
the royal nomination was still required as well as the professional
qualifications required by the law, became heritable property in virtue
of the finance attached to them. This led to the formation of a class of
men who, though bound in many ways to the crown, were actually
independent. Hence the tendency in the 18th century to create new and
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