The ascendancy of France, 1598-1715Wakeman, Henry Offley
History
The ascendancy of France, 1598-1715
Wakeman, Henry Offley
Europe -- History -- 17th century
As a constitutional check upon misgovernment the States-General in
France were therefore of little use. That function, as far as it was
discharged at all, had by accident devolved upon the Parlement de
Paris. The Parlement was in its origin nothing more than a court of
law which sat at Paris to administer justice between the king and his
subjects, and between subject and subject. In course of time it grew
into a corporation of lawyers and judges, not altogether unlike our
Inns of Court in England amalgamated into one, having just that kind
of political influence which a close and learned corporation, whose
business it was to make by judicial decision a great deal of the law of
the country, could not fail to have. In one point indeed the Parlement
had almost established a definite right. As the highest court of the
realm its duty was to register the edicts of the king, a duty which
was easily turned into a right to refuse to register them if it so
willed. Thus the Parlement claimed an indirect veto upon the royal
legislation. It is true that the king could always override the refusal
of the Parlement to register an edict by coming in person to its
session and holding what was called a _lit de justice_; but this
was a proceeding which involved a good deal of inconvenience, and was
not unlikely to excite tumults; it would not therefore be resorted to
except on critical occasions. [Sidenote: =Position of the Crown.=]
So completely had the constitution of France become in its structure
despotic, that there was absolutely no constitutional means of
exercising control over the king’s will than this very doubtful right
of the Parlement de Paris to refuse to register the king’s edict. And
if there was no constitutional check upon the king’s will, there was
also no machinery which the king could utilise in order to associate
himself with his people in the task of government. He stood on a
pedestal by himself in terrible isolation surrounded by his courtiers,
faced by the nobility, backed by his army, unable to know his people’s
wants, and unable to help them to know their own.
[Sidenote: =Religious toleration.=]
Public-domain text, read in full here on John Shaqi.
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