The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792Conaway, Horace Mann
History
The first French Republic : $b A study of the origin and the contents of the declaration of the rights of man, of the constitution, and of the adoption of the republican form of government in 1792
Conaway, Horace Mann
Constitutional history -- France; France -- History -- Revolution, 1789-1799; Thesis (Ph. D.)
In a series of conflicts between the court and the _Parlement_, into
which we have not space to go exhaustively, the idea of fundamental
or constitutional laws, of which the _Parlement_ declared itself
the guardian, was repeatedly asserted; in the later period of this
constitutional struggle, partly from the inability of the _Parlement_ to
maintain its pretensions and partly from the development of the ideas
of natural rights, of the rights of the people and of the rights of
the nation, the desire for some more distinct definition of the power
of the executive and the rights of the nation became manifest. The
_Parlement_, composed of an aristocracy whose office was an hereditary
possession, was naturally alert to extend its political influence; this
extension of necessity brought it into conflict with the absolutism of
the monarch. When a vigorous monarch, or skillful, energetic minister was
at the head of affairs, the _Parlement_ was driven to humble obedience;
but where there was a regency, a weak monarch, or a crisis, financial
or administrative, the legal aristocracy reasserted and extended their
pretensions. By a decree of February 21, 1641, Richelieu declared that
the _parlements_ had been established only for granting justice, forbade
any modification of decrees, ordered that in financial matters they might
remonstrate once, but in administrative matters no remonstrance was
allowed. During the remainder of Louis XIII’s reign they were obedient;
but on the death of the king they immediately manifested their vitality
by breaking his will and fixing the regency.[66]
The _Fronde_ was the acme of the parliamentary resistance of this period.
Louis XIV. did not forget this high-handed opposition, and consequently
by two decrees he reduced this recalcitrant body to a strictly
subordinate position for the last forty years of his reign.[67] But on
the death of the _Grand Monarch_, the _Parlement_ showed its old spirit,
annulled the will of the dead king concerning the regency, and for twenty
years solemnly reiterated its vague constitutional claims in elaborate
remonstrances. To this period of activity succeeded a time of comparative
submission, in which the remonstrances are less prompt, haughty, and
insistent.
In 1748, the struggle renewed itself, and soon each side showed an ardent
determination to conquer. The monarch resorted to _lits de justice_, to
exile, and to the institution of irregular courts in order to provoke the
magistrates to obey, while they answered with _iterative_ remonstrances
and with refusals to dispense justice. From these remonstrances we are
able to ascertain the pretensions of the _Parlement_, and to trace,
though with much vagueness and incoherence, those principles which they
called constitutional and fundamental. On the other hand, the responses
of the king reveal the persistent claims of absolutism as to the royal
source of law.
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