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
We must not be surprised, strange as it may appear and is, to find,
under the old monarchy, public functionaries--many of them belonging to
the public service, properly so called--pleading before the Parliaments
to ascertain the limits of their own powers. The explanation of this
is to be found in the fact that all these questions were questions of
private property as well as of public administration. What is here
viewed as an encroachment of the judicial power was a mere consequence
of the error which the Government had committed in attaching public
functions to certain offices. These offices being bought and sold, and
their holders’ income being regulated by the work done and paid for, it
was impossible to change the functions of an office without impairing
some right for which money had been paid to a predecessor in the office.
To quote an instance out of a thousand:--At Mans the Lieutenant-General
of Police carries on a prolonged suit with the _Bureau de Finance_
of the town, to prove, that being charged with the duty of
street-watching, he has a right to execute all legal instruments
relative to the paving of the streets, and to the fees for such
instruments.
The _Bureau_ replies, that the paving is a duty thrown upon him by the
nature of his office.
The question in this case is not decided by the king in council; the
parliament gives judgment, as the principal matter in dispute is the
interest of the capital devoted to the purchase of the office. The
administrative question becomes a civil action.
Note (XLIV.)--Page 96, line 23.
ANALYSIS OF THE INSTRUCTIONS OF THE ORDER OF NOBILITY IN 1789.
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