The Eve of the French Revolution | Page 4

almost revolutionary. The breaking up of the Parliament of Paris, in the latter years of the preceding reign, had thrown the whole body of judges and lawyers into a state of discontent bordering on revolt. The new court of justice which had superseded the old one, the Parlement Maupeou as it was called, after the name of the chancellor who had advised its formation, was neither liked nor respected. It was one of the first acts of the government of Louis XVI. to restore the ancient Parliament of Paris, whose rights over legislation will be considered later, but which exercised at least a certain moral restraint on the royal authority.
But it was in the administrative part of the government, where the king seemed most free, that he was in fact most hampered. A vast system of public offices had been gradually formed, with regulations, traditions, and a professional spirit. This it was which had displaced the old feudal order, substituting centralization for vigorous local life.
The king's councils, which had become the central governing power of the state, were five in number. They were, however, closely connected together. The king himself was supposed to sit in all of them, and appears to have attended three with tolerable regularity. When there was a prime minister, he also sat in the three that were most important. The controller of the finances was a member of four of the councils, and the chancellor of three at least. As these were the most important men in the government, their presence in the several councils secured unity of action. The boards, moreover, were small, not exceeding nine members in the case of the first four in dignity and power: the Councils of State, of Despatches, of Finance, and of Commerce. The fifth, the Privy Council, or Council of Parties, was larger, and served in a measure as a training-school for the others. It comprised, beside all the members of the superior councils, thirty councilors of state, several intendants of finance, and eighty lawyers known as maitres des requetes. [Footnote: De Lucay, _Les Secrétaires d'état, 418, 419, 424, 442, 448, 449.]
The functions of the various councils were not clearly defined and distinguished. Many questions would be submitted to one or another of them as chance or influence might direct. Under each there were a number of public offices, called bureaux, where business was prepared, and where the smaller matters were practically settled. By the royal councils and their subordinate public offices, France was governed to an extent and with a minuteness hardly comprehensible to any one not accustomed to centralized government.
The councils did nothing in their own name. The king it was who nominally settled everything with their advice. The final decision of every question was supposed to rest with the monarch himself. Every important matter was in fact submitted to him. Thus in the government of the country, the king could at any moment take as much of the burden upon his own shoulders as they were strong enough to bear.
The legislative power was exercised by the councils. It was a question not entirely settled whether their edicts possessed full force of law without the assent of the high courts or parliaments. But with the councils rested, at least, all the initiative of legislation. The process of lawmaking began with them, and by them the laws were shaped and drafted.
They also possessed no small part of the judiciary power. The custom of removing private causes from the regular courts, and trying them before one or another of the royal councils, was a great and, I think, a growing one. This appellate jurisdiction was due in theory partly to the doctrine that the king was the origin of justice; and partly to the idea that political matters could not safely be left to ordinary tribunals. The notion that the king owes justice to all his subjects and that it is an act of grace, perhaps even a duty on his part, to administer it in person when it is possible to do so, is as old as monarchy itself.
Solomon in his palace, Saint Louis under his oak, when they decided between suitors before them, were exercising the inherent rights of sovereignty, as understood in their day. The late descendants of the royal saint did not decide causes themselves except on rare occasions, but in questions between parties followed the decision of the majority of the council that heard the case. Thus the ancient custom of seeking justice from a royal judge merely served to transfer jurisdiction to an irregular tribunal.[Footnote: De Lucay, _Les Secrétaires d'état_, 465.]
The executive power was both nominally and actually in the hands of the councils. Great questions of foreign and domestic policy could be settled only in the Council of State.[Footnote: Sometimes called