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
The power, which nations possess, of prospering in spite of the
imperfections to be met with in secondary portions of their
institutions, as long as the general principles and the actual spirit
which animate those institutions are full of life and vigour, is a
phenomenon which manifests itself with peculiar distinctness when the
judicial constitution of England in the last century, as described by
Blackstone, is looked into.
The attention is immediately arrested by two great diversities, that
are very striking:--
First. The diversity of the laws.
Secondly. The diversity of the Courts that administer them.
I.--_Diversity of the Laws._--(1.) The laws are different for England
(properly so called), for Scotland, for Ireland, for the different
European dependencies of Great Britain, such as the Isle of Man, the
Channel Islands, &c., and, finally, for the British Colonies.
(2.) In England itself may be found four kinds of laws--the common law,
statute laws, canon law, and equity. The common law is itself divided
into general customs adopted throughout the whole kingdom, and customs
specially belonging to certain manors or certain towns, or sometimes
only to certain classes, such as the trades. These customs sometimes
differ greatly from each other; as those, for instance, which, in
opposition to the general tendency of the English laws require an equal
distribution of property among all the children (gavelkind), and, what
is still more singular, give a right of primogeniture to the youngest
child (borough-English).
II.--_Diversity of the Courts._--Blackstone informs us that the law has
instituted a prodigious variety of different courts. Some idea of this
may be obtained from the following extremely summary analysis:--
(1.) In the first place there were the Courts established without
the limits of England, properly so called; such as the Scotch and
Irish courts, which never were dependencies of the superior courts in
England, although an appeal lies from these several jurisdictions to
the House of Lords.
(2.) In England itself, if I am correct in my memory, among the
classifications of Blackstone are to be found the following:
1. Eleven kinds of Courts of Common Law, four of which, it is true,
seem to have already fallen into disuse.
2. Three kinds of courts, the jurisdiction of which extends to the
whole country, but which take cognisance only of certain matters.
3. Ten kinds of courts, having a special character of their own. One
of these kinds consists of Local Courts, established by different Acts
of Parliament, and existing by tradition, either in London itself or
in towns and boroughs in the counties. These Courts were so numerous,
and were so extremely various in their constitution and in their
regulations, that it would be out of the question to attempt to give a
detailed account of them.
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