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 courts of justice took an indirect part in the legislative
power, and possessed the right of framing administrative regulations
which became obligatory within the limits of their own jurisdiction.
Sometimes they maintained an opposition to the administration, properly
so called, loudly blamed its measures and proscribed its agents.
Police ordinances were promulgated by simple justices in the towns and
boroughs where they resided.
The towns had a great diversity of constitutions, and their magistrates
bore different designations--sometimes as mayors, sometimes as consuls,
or again as syndics, and derived their powers from different sources.
Some were chosen by the king, others by the lord of the soil or by the
prince holding the fief; some again were elected for a year by their
fellow-citizens, whilst others purchased the right of governing them
permanently.
These different powers were the last remains of the ancient system;
but something comparatively new or greatly modified had by degrees
established itself among them, and this I have yet to describe.
In the centre of the kingdom, and close to the throne, there had been
gradually formed an administrative body of extraordinary authority, in
the grasp of which every power was united after a new fashion: this
was the King’s Council. Its origin was ancient, but the greater part
of its functions were of recent date. It was at once a supreme court
of justice, inasmuch as it had the right to quash the judgments of all
the ordinary courts, and a superior administrative tribunal, inasmuch
as every special jurisdiction was dependent on it in the last resort.
It possessed, moreover, as a Council of State, subject to the pleasure
of the King, a legislative power, for it discussed and proposed the
greater part of the laws, and fixed and assessed the taxes. As the
superior administrative board, it had to frame the general regulations
which were to direct the agents of the Government. Within its walls all
important affairs were decided and all secondary powers controlled.
Everything finally came home to it; from that centre was derived the
movement which set everything in motion. Yet it possessed no inherent
jurisdiction of its own. The King alone decided, even when the Council
appeared to advise, and even when it seemed to administer justice, it
consisted of no more than simple ‘givers of advice’--an expression used
by the Parliament in one of its remonstrances.
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