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
But nothing taught a more pernicious lesson than some of the forms
adopted by criminal justice when the common people were in question.
The poor were even then far better protected than has generally been
supposed against the aggressions of any citizen richer or more powerful
than themselves; but when they had to do with the State, they found
only, as I have already described, exceptional tribunals, prejudiced
judges, a hasty and illusory procedure, and a sentence executed
summarily and without appeal. ‘The Provost of the Constables and his
lieutenant are to take cognisance of the disturbances and gatherings
which may be occasioned by the scarcity of corn; the prosecution is to
take place in due form, and judgment to be passed by the Provost, and
without appeal. His Majesty inhibits the jurisdiction of all courts of
justice in these cases.’ We learn by the Reports of the Constables,
that on these occasions suspected villages were surrounded during the
night, that houses were entered before daybreak, and peasants who
had been denounced were arrested without further warrant. A man thus
arrested frequently remained for a long time in prison before he could
speak to his judge, although the edicts directed that every accused
person should be examined within four-and-twenty hours. This regulation
was as precise and as little respected then as it is now.
By these means a mild and stable government daily taught the people the
code of criminal procedure most appropriate to a period of revolution,
and best adapted to arbitrary power. These lessons were constantly
before their eyes; and to the very last the old monarchy gave the lower
classes this dangerous education. Even Turgot himself, in this respect,
faithfully imitated his predecessors. When, in 1775, his change in the
corn-laws occasioned resistance in the Parliament and disturbances
in the rural districts, he obtained a Royal ordonnance transferring
the mutineers from the jurisdiction of the tribunals to that of the
Provost-Marshal, ‘which is chiefly destined,’ so the phrase runs, ‘to
repress popular tumults when it is desirable that examples should be
quickly made.’ Nay, worse than this, every peasant leaving his parish
without being provided with a certificate signed by the parish priest
and by the Syndic, was to be prosecuted, arrested, and tried before the
Provost-Marshal as a vagabond.
It is true that under this monarchy of the eighteenth century, though
the forms of procedure were terrific, the punishment was almost always
light. The object was to inspire fear rather than to inflict pain; or
rather, perhaps, those in power were violent and arbitrary from habit
or from indifference, and mild by temperament. But this only increased
the taste for this summary kind of justice. The lighter the penalty the
more readily was the manner forgotten in which it had been pronounced.
The mildness of the sentence served to veil the horror of the mode of
procedure.
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