The Gallery of Portraits: with Memoirs. Volume 4 (of 7)Malkin, Arthur Thomas
History
The Gallery of Portraits: with Memoirs. Volume 4 (of 7)
Malkin, Arthur Thomas
Biography
His character for consistency and principle suffered in consequence. In
1732, the old quarrel of ultra-montanism and Jesuits was renewed with
great animosity. Some bishops and ecclesiastics resisted the Papal Bull.
Those who suffered for their opposition appealed to the Parliament, who,
as of old, upheld liberty of conscience, and, in connexion with it,
personal freedom. Daguesseau sought to act as moderator, to calm at once
the resistance of the Parliament and the rigour of the court. He was
obliged, in consequence, to make himself party to some of the complaints
of the one, and to some acts of persecution on the part of the other.
Four of the more violent young counsellors were exiled. The high
personal character of the Chancellor alone enabled him to bear up
against the obloquy and reproach that were directed against him from
both sides; but fortunately the storm was of short duration, for the
menaces of foreign war drowned the voices of ecclesiastical and legal
disputants. On the disgrace of Chauvelin, in 1737, the seals were
returned to Daguesseau, who thus once more reunited in his person all
the functions and honours of his place. He kept them until the year
1750, when, feeling that his infirmities rendered him incapable of
performing his duty, he resigned. At the King’s request, he retained the
titular dignity of Chancellor until his death, February 9, 1751.
It is hard, in a brief and popular memoir, to assign reasons for the
high reputation enjoyed by Daguesseau. His celebrity is rather
traditional than historical; it can be appreciated only by those skilled
in the science and history of French law, by those who are acquainted
with the great and innumerable ameliorations wrought in the system of
law and legal proceeding by his assiduity and talents. Indeed that part
of his career, which is necessarily most prominent in history, the share
which he took in politics and administration, was by far the least
honourable. Renowned as a pleader, his very talents in this respect are
said to have unfitted him for judicial functions. “Long habits of the
_parquet_ (the office of the Attorney-General) had perverted his
talents. The practice is there to collect, to examine, to weigh, and
compare the reasons of two different parties; to display, in different
balances, their various arguments, with all the grace and flowers of
eloquence, omitting nothing on either side, so that no one could
perceive to which side the Advocate-General leaned. The continual habit
of this during twenty-four years, joined to the natural scruples of a
conscientious man, and the ever-starting points and objections of the
learned one, had moulded him into a character of incertitude, out of
which he could never escape. To decide was an _accouchement_ with him,
so painful was it.” From this account by St. Simon, we learn how
honourable and impartial was the office of the public accuser in the old
French courts; and that he blended with his functions the high
Public-domain text, read in full here on John Shaqi.
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