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
Having thus struck a blow at the whole body of the Parliaments,
represented by their chief, it only remained to annihilate their
power. Six edicts were simultaneously published.[113] These edicts,
which roused all France, were designed to effect several of the
most important and useful reforms which the Revolution has since
accomplished: the separation of the legislative and judicial powers,
the abolition of exceptional courts of justice, and the establishment
of all the principles which, to this day, govern the judicial
organisation of France, both civil and criminal. All these reforms
were conceived in the true spirit of the age, and met the real and
lasting wants of society. But, as they were aimed at the privileged
jurisdiction of the Parliaments, they struck down the idol of the hour,
and they emanated from a power which was detested. That was enough.
In the eyes of the nation these new edicts were a triumph of absolute
government. The time had not yet come when everything may be pardoned
by democracy to despotism in exchange for order and equality. In a
moment the nation rose. Each Parliament became at once a focus of
resistance round which the Orders of the province grouped themselves,
so as to present a firm front to the action of the central power of
government.
France was at that time divided, as is well known, into thirteen
judicial provinces, each of which was attached to a Parliament. All
these Parliaments were absolutely independent of one another, all of
them had equal prerogatives, all of them were invested with the same
right of discussing the mandates of the legislator before submitting to
them. This organisation will be seen to have been natural, on looking
back to the time when most of these courts of justice were founded.
The different parts of France were so dissimilar in their interests,
their disposition, their customs, and their manners, that the same
legislation could not be applied to all of them at once. As a distinct
law was usually enacted for each province, it was natural that in each
province there should be a Parliament whose duty it was to test this
law. In more recent times, the French having become more similar, one
law sufficed for all: but the right of testing the law remained divided.
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