The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
That which more especially in those times ensured to the oppressed the
means of being heard was the constitution of the Courts of Justice.
France had become a land of absolute government by her political
and administrative institutions, but her people were still free by
her institutions of justice. The judicial administration of the old
monarchy was complicated, troublesome, tedious, and expensive: these
were no doubt great faults, but servility towards the Government was
not to be met with there--that servility which is but another form
of venality, and the worst form. That capital vice, which not only
corrupts the judge, but soon infects the whole body of the people, was
altogether unknown to the elder magistracy. The judges could not be
removed, and they sought no promotion--two things alike necessary to
their independence; for what matters it that a judge cannot be coerced
if there are a thousand means of seduction?
It is true that the power of the Crown had succeeded in depriving the
Courts of ordinary jurisdiction of the cognisance of almost all the
suits in which the public authorities were interested; but though
they had been stripped, they still were feared. Though they might be
prevented from recording their judgments, the Government did not always
dare to prevent them from receiving complaints or from recording their
opinions; and as the language of the Courts still preserved the tone of
that old language of France which loved to call things by their right
names, the magistrates not unfrequently stigmatised the acts of the
Government as arbitrary and despotic.[56] The irregular intervention
of the Courts in the affairs of government, which often disturbed the
conduct of them, thus served occasionally to protect the liberties of
the subject. The evil was great, but it served to curb a greater evil.
In these judicial bodies and all around them the vigour of the ancient
manners of the nation was preserved in the midst of modern opinions.
The Parliaments of France doubtless thought more of themselves than
of the commonwealth; but it must be acknowledged that, in defence of
their own independence and honour, they always bore themselves with
intrepidity, and that they imparted their spirit to all that came near
them.
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