The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event — John Shaqi
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
It was generally before the Intendant or before the Provost of the
Maréchaussée that all the lower order of people were sent for trial,
by this process of evocation, when they had been guilty of public
disturbances. Most of the riots so frequently caused by the high price
of corn gave rise to transfers of jurisdiction of this nature. The
Intendant then summoned to his court a certain number of persons, who
formed a sort of local council, chosen by himself, and with their
assistance he proceeded to try criminals. I have found sentences
delivered in this manner, by which men were condemned to the galleys,
and even to death. Criminal trials decided by the Intendant were still
common at the close of the seventeenth century.
Modern jurists in discussing this subject of administrative
jurisdictions assert, that great progress has been made since
the Revolution. ‘Before that era,’ they say, ‘the judicial and
administrative powers were confounded; they have since been
distinguished and assigned to their respective places.’ To appreciate
correctly the progress here spoken of, it must never be forgotten,
that if on the one hand the judicial power under the old monarchy was
incessantly extending beyond the natural sphere of its authority,
yet on the other hand that sphere was never entirely filled by it.
To see one of these facts without the other is to form an incomplete
and inaccurate idea of the subject. Sometimes the courts of law were
allowed to enact regulations on matters of public administration,
which was manifestly beyond their jurisdiction; sometimes they were
restrained from judging regular suits, which was to exclude them from
the exercise of their proper functions. The modern law of France has
undoubtedly removed the administration of justice from those political
institutions into which it had very improperly been allowed to
penetrate before the Revolution; but at the same time, as has just been
shown, the Government continually invaded the proper sphere of the
judicial authorities, and this state of things is unchanged, as if the
confusion of these powers were not equally dangerous on the one side as
on the other, and even worse in the latter mode; for the intervention
of a judicial authority in administrative business is only injurious
to the transaction of affairs; but the intervention of administrative
power in judicial proceedings depraves mankind, and tends to render men
at once revolutionary and servile.
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