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
In no country in Europe were the ordinary courts of justice less
dependent on the Government than in France; but in no country were
extraordinary courts of justice more extensively employed. These two
circumstances were more nearly connected than might be imagined. As the
King was almost entirely powerless in relation to the judges of the
land--as he could neither dismiss them, nor translate them, nor even,
for the most part, promote them--as, in short, he held them neither by
ambition nor by fear, their independence soon proved embarrassing to
the Crown. The result had been, in France, more than anywhere else, to
withdraw from their jurisdiction the suits in which the authority of
the Crown was directly interested, and to call into being, as it were
beside them, a species of tribunal more dependent on the sovereign,
which should present to the subjects of the Crown some semblance of
justice without any real cause for the Crown to dread its control.
In other countries, as, for instance, in some parts of Germany, where
the ordinary courts of justice had never been as independent of the
Government as those of France, no such precautions were taken, and no
administrative justice (as it was termed) existed. The sovereign was so
far master of the judges, that he needed no special commissions.
The edicts and declarations of the Kings of France, published
in the last century of the monarchy, and the Orders in Council
promulgated within the same period, almost all provided on behalf of
the Government, that the differences which any given measure might
occasion and the litigation which might ensue, should be exclusively
heard before the Intendants and before the Council. ‘It is moreover
ordered by his Majesty, that all the disputes which may arise upon
the execution of this order, with all the circumstances and incidents
thereunto belonging, shall be carried before the Intendant to be judged
by him, saving an appeal to the Council, and all courts of justice and
tribunals are forbidden to take cognisance of the same.’ Such was the
ordinary form of these decrees.
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