The Eve of the French RevolutionLowell, Edward J. (Edward Jackson)
History
The Eve of the French Revolution
Lowell, Edward J. (Edward Jackson)
France -- History -- Revolution, 1789-1799 -- Causes; France -- Social conditions -- 18th century
Having thus fixed the legislative power in the Estates General, and
divided the executive and administrative branches of the government
between the king with his responsible ministers and the Provincial
Estates, the cahiers turned to the judicial function. On the reforms
to be here accomplished there was substantial agreement; although the
Third Order was most emphatic in its demands, as the expensive and
complicated machinery of law weighs more heavily on the poor than on
the rich, on the commercial class than on the land-owner. The great
influence of lawyers among the Commons at this time was also a cause
of the attention given to legal matters in the cahiers of the Third
Estate. The common demand was for the simplification of courts and
jurisdictions, the abolition of the purchase of judicial place, more
uniform laws and customs. The codification of the laws, both civil and
criminal, was sometimes called for. It was an usual request that there
should be only two degrees in the administration of justice: a simple
court in every district of sufficient size to warrant it, and
parliaments in reasonable numbers, with final appellate jurisdiction.
Commercial courts (_consulats_) were, however, to be retained. The
nation was unanimous that the writ of _committimus_, by which cases
could be removed by privileged persons from the regular courts to be
tried by exceptional tribunals, or by distant parliaments, should be
totally abolished. Justices of the peace, or informal courts with
summary processes, were to have the settlement of small cases. The
jurisdiction of the lords' bailiffs was to be much abridged or
entirely done away. [Footnote: _T._, Alençon, _A. P._, i. 717, Section
4. _T._, Amiens, _A. P._, i. 747, Section 1. This cahier gives a very
full statement of existing judicial abuses. Desjardins, xxxv. Poncins,
286. Desjardins (xl.) says that the Nobility tried to save the
jurisdiction of the bailiffs, and in some cases persuaded the Third
Estate. I do not find the instances.]
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