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
They also possessed no small part of the judiciary power. The custom of
removing private causes from the regular courts, and trying them before
one or another of the royal councils, was a great and, I think, a
growing one. This appellate jurisdiction was due in theory partly to the
doctrine that the king was the origin of justice; and partly to the idea
that political matters could not safely be left to ordinary tribunals.
The notion that the king owes justice to all his subjects and that it is
an act of grace, perhaps even a duty on his part, to administer it in
person when it is possible to do so, is as old as monarchy itself.
Solomon in his palace, Saint Louis under his oak, when they decided
between suitors before them, were exercising the inherent rights of
sovereignty, as understood in their day. The late descendants of the
royal saint did not decide causes themselves except on rare occasions,
but in questions between parties followed the decision of the majority
of the council that heard the case. Thus the ancient custom of seeking
justice from a royal judge merely served to transfer jurisdiction to an
irregular tribunal.[Footnote: De Lucay, _Les Secrétaires d'État_,
465.]
The executive power was both nominally and actually in the hands of the
councils. Great questions of foreign and domestic policy could be
settled only in the Council of State.[Footnote: Sometimes called
Conseil d'en haut, or Upper Council.] But the whole administration
tended more and more in the same direction. Questions of detail were
submitted from all parts of France. Hardly a bridge was built or a
steeple repaired in Burgundy or Provence without a permission signed by
the king in council and countersigned by a secretary of state. The
Council of Despatches exercised disciplinary jurisdiction over authors,
printers, and booksellers. It governed schools, and revised their rules
and regulations. It laid out roads, dredged rivers, and built canals. It
dealt with the clergy, decided differences between bishops and their
chapters, authorized dioceses and parishes to borrow money. It took
general charge of towns and municipal organization. The Council of
Finance and the Council of Commerce had equally minute questions to
decide in their own departments.[Footnote: De Lucay, _Les Secrétaires
d'État_, 418. For this excessive centralization, see, also, De
Tocqueville, _L'ancien Régime et la Révolution_, passim.]
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