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
The method of passing a law in the French monarchy was this. The king,
in one of his councils, issued an edict, and sent it to the Parliament
of Paris, or to such other Parliaments as it might concern, for
registration. If the Parliament accepted the edict, the latter was
entered in its books, and immediately promulgated as law. If the
Parliament did not approve, and was willing to enter on a contest with
the king and his advisers, it refused to register. In that case the king
might recede, or he might force the registration. This was done by means
of what was called a _bed of justice_. His Majesty, sitting on a
throne (whence the name of the ceremony), and surrounded by his officers
of state, personally commanded the Parliament to register, and the
Parliament was legally bound to comply. As a matter of fact, it did
sometimes continue to remonstrate; it sometimes adjourned, or ceased to
administer justice, by way of protest; but such a course was looked on
as illegal, and severe measures on the part of the king and his
counselors--the court, as the phrase went,--were to be expected. These
measures might take the form of imprisonment of recalcitrant judges, or
of exile of the Parliament in a body. Sometimes new courts of justice,
more closely dependent on the king's pleasure, were temporarily
established. Such were the Royal Chamber and the famous Maupeou
Parliament under Louis XV., the Plenary Court of Louis XVI. Had these
monarchs been strong men, the new courts would undoubtedly have
superseded the old Parliaments altogether; as it was, they led only to
confusion and uncertainty.[Footnote: Du Boys, Hist. du droit criminel
de la France, ii. 225, 239.]
Throughout the reign of Louis XV. the Parliament of Paris was fighting
against the church, while the court repeatedly changed sides, but
oftener inclined to that of clergy. The controversy was theological in
its origin, the magistrates being Jansenist in their proclivities, while
the Church of France was largely controlled by the Molinist, or Jesuit
party. The contest was long and doubtful, neither side obtaining a full
victory. It was the fashion in the Philosophic party to represent the
whole matter as a miserable squabble. Yet, apart from the importance of
the original controversy, which touched the mighty but insoluble
questions of predestination and free-will, the quarrel had a true
interest for patriotic Frenchmen. The Roman Church was contending for
the absolute and unlimited control of religious matters; the Parliament
for the supremacy of law in the state.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account