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.)
The most precise formulation of the organic law of the French monarchy
which I have found is the protest of the princes, signed April 4, 1771,
and directed against the _Maupeou Parlement_: “We, the undersigned,
consider that the French monarchy has been sustained, together with
the glory, the splendor, and the power which it has enjoyed for so
many centuries only by the maintenance of the primitive laws which
are inherent in it, and form its title (droit) and essence; that the
liberty belonging to every Frenchman, the title and the ownership of his
property, that of inheriting from fathers or of receiving from relatives
or friends, without being able to be deprived or hindered, otherwise than
by the legal application of law for some crime previously and competently
judged, and not by arbitrary and absolute will, are not the only rights
of the nation and of the subjects nor the only fundamental laws of the
monarchy; that the right of Frenchmen, one of the most useful to the
monarch and one of the most precious to his subjects, is to have certain
bodies of citizens, perpetual and irremovable, acknowledged in all times
by the kings and by the nation, who under whatever form and name they
have existed, concentrated in themselves the general right of every
subject to invoke the laws, to demand their rights, and to have recourse
to the Prince; whose most important functions have always been to be
charged with watching over the maintenance of the established laws, to
weigh in new laws their utility or the dangers of contradictions which
might occur with the old laws, to verify them, and to represent to the
sovereign all that is prejudicial to the rights of his subjects or to the
primordial and constitutive laws of his kingdom ...; that this necessary
surety cannot exist without irremovability of the title of those to whom
are confided so important functions, that they have always been regarded
as one of the principal safeguards of public liberty against the abuse
of arbitrary power; that they are an integral part of the constitution
of the State, and are found as much as any other law in the order of the
fundamental laws of the monarchy.”[72] However, the apparent attempt
to be explicit here originates primarily, not in a desire to state
distinctly the constitutional law, but rather to protect the prerogatives
of the _Parlements_ by coupling them with certain principles generally
recognized as inviolable.
Public-domain text, read in full here on John Shaqi.
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