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
In the reign of Louis XVI. the Parliament was principally engaged in
struggles of another character. The magistrates were members of a highly
privileged class. Their battle was arrayed for vested rights against
reforms. From the time of Turgot to that of Lomenie de Brienne and the
Notables, the Parliament of Paris, sometimes in sympathy with the
nation, sometimes against it, was vigorously resisting innovations. Yet
so great was the irritation then felt against the royal court that the
Parliament generally gained a temporary popularity by its course of
opposition.
The courts of justice, and especially the Parliaments, were controlled
by men who had inherited or bought their places.[Footnote: Under Louis
XIV, the price of a place of _président à mortier_ was fixed at
350,000 livres, that of a _maître des requêtes_ at 150,000 livres,
that of a counselor at 90,000 to 100,000 livres. The place of First
President was not venal, but held by appointment. Martin, xiii. 53 and
n. The general subject of the venality of offices is considered in the
chapter on Taxation.] This, while offering no guarantee of capacity,
assured the independence of the judges. As the places were looked on as
property, they were commonly transmitted from father to son, and became
the basis of that nobility of the gown which played a large part in
French affairs. The owner of a judicial place was obliged to pass an
examination in law, before he could assume its duties and emoluments.
This examination differed in severity at different times and in the
different Parliaments. In the latter part of the eighteenth century it
would appear to have been very easy at Paris, but harder in some of the
provinces. The Parliaments, in any case, retained control over admission
to their own bodies. Although they could not nominate, they could refuse
certificates of capacity and morality. They insisted that none but
counselors should be admitted to the higher places, and that candidates
should be men of means, "so that, in a condition where honor should be
the only guide, they might be able to live independently of the profits
accessory to their labors, which should never have any influence." This
caution was especially necessary as the judges were paid in great
measure by the fees, or costs, which under the quaint name of spices
were borne by the parties. Originally these fees had in fact consisted
of sugar plums, not more than could be eaten in a day, but subsequently
they had been commuted and increased until they amounted to considerable
sums.[Footnote: Bastard d'Estang, i. 122, 245; Du Boys, 535.]
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