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 _Parlements_, in their resistance to the royal power, showed,
as early as the Fronde, a tendency to support each other, but it is
particularly in the period of the _Maupeou Parlement_ that the claims to
_unity_ and _indivisibility_ became prominent.[73] These remonstrances,
as well as the royal responses, were not withheld from the public, as
the _ordonnances_ which imposed upon the magistrates the duty of keeping
their deliberations secret implied, but were hawked about the streets
and eagerly welcomed by the people. Since in times of opposition,
each _Parlement_ aroused the sympathies of the citizens under its
jurisdiction, their combination for mutual support against the crown
extended the area of popular agitation. This exciting literature, issuing
from the different courts, had, therefore, an educative effect upon the
popular mind, rather in emphasizing the need of some limitation to royal
power than in developing distinct and well-defined notions of political
laws.[74] The _Parlement_, while professing exemplary obedience to the
king, said that there were moral limits to their obedience.[75] That
also took a popular turn, in professing to represent the nation or the
people in the absence of the States-General. The remonstrance of the
_cour des aides_, probably drawn up by Malesherbes, in February, 1771,
indicates these popular pretensions. “The courts are to-day the only
protectors of the feeble and the unfortunate: there have existed for a
long time no States-General and in the greater part of the kingdom no
provincial estates; all the bodies, except the courts, are reduced to a
mute and passive obedience. No individual in the provinces would venture
to expose himself to the vengeance of a _commandant_, of a _commissaire
du conseil_, and still less to those of a minister of Your Majesty. The
courts are then the only ones to whom it is still permitted to raise a
voice in favor of the people, and Your Majesty does not wish to take away
this last resource from distant provinces. But this decree, exiling the
_Parlement_ of Paris, tends to render this resource illusory.”[76]
Notwithstanding this avowed guardianship of the national rights, the
feeling gradually grew that these ill-defined fundamental laws were
too vague, that the _Parlements_, though persistent, stopped short
of pertinacity, and that an aristocratic magistracy was not the real
representation of the nation.
Public-domain text, read in full here on John Shaqi.
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