Legislation and Public Police Powers (1753)
Louis–Adrien Le Paige was the leading theoretician of Parlementary claims against the crown in the 1750s. His <i>Historical Letters on the Essential Functions of the Parlement</i> (1753) traced the history of the <i>parlements</i> from what he claimed to be their medieval origins—assemblies held by Frankish warriors to elect kings. Criticizing what he perceived to be the inadequate attention being paid by Louis XV to his <i>parlements</i>, Le Paige makes the historical case that far from being creations of the crown to which they remained subordinate, the <i>parlements</i> had actually created the monarchy—and thus should have the final say on all royal decrees. In this passage, Le Paige argues that because of this history, the <i>parlements</i> were not being "disobedient" to the King in asserting their sovereignty.
Louis-Adrien Le Paige, <i>Lettres historiques sur les fonctions essentielles du Parlement</i> (Amsterdam, 1753), 82–83, 87–93, 96–97.
1753
https://chnm.gmu.edu/revolution/d/248/
248
Remonstrances of <i>Parlement</i> of Paris against Turgot’s Six Edicts (1776)
In these remonstrances, the magistrates of the <i>Parlement</i> of Paris,recently restored to their position by Louis XVI after having been "exiled" from office by Louis XV in 1771, voice their opposition to reforms proposed by the finance minister, Anne–Robert–Jacques Turgot. In the first, they argue against Turgot’s idea of raising money by taxing lands owned by nobles. The magistrates (themselves all noble landowners) cite the tradition whereby only those subject to the obligatory labor of the <i>corvée </i>(that is, only peasants) should have to pay taxes to the crown. Note their emphasis on "justice" over rational reform of royal fiscal policy. In the second, they oppose Turgot’s attempt to suppress the guilds in order to promote commerce and thus enhance royal revenues. The magistrates draw on the traditional argument that society is made up not of individuals, but of groups of people bound into corporations.
Jules Flammermont,<i> Remonstrances du Parlement de Paris au XVIIIe siècle, </i>vol. 3 (Paris: Imprimerie Nationale, 188898), 27592, 34454.
1776
https://chnm.gmu.edu/revolution/d/250/
250
Voltaire, "Internal Government" (1756)
François–Marie Arouet, who wrote under the name Voltaire, was both the best–known and most tireless advocate of the Enlightenment and also a close associate of several European kings and many French aristocrats. In his widely read history, <i>The Age of Louis XIV</i>, he exalted the achievements of the Bourbon monarchy, which had brought such glory and honor to France. In this passage, Voltaire lauds the reforms Louis XIV made in the royal government, implying that such reforms might again be useful in advancing France’s greatness.
Voltaire, <i>The Age of Louis XIV,</i> translated by W. F. Flemming, 2 vols. (London: E. R. Dumont, [1756] 1901), 2:320–33.
1756
https://chnm.gmu.edu/revolution/d/253/
253
Moreau, "Principles of Monarchy" (1773)
Jacob–Nicolas Moreau wrote his "lessons of morality, politics and law" for the instruction of the Dauphin. Throughout the 200–page book, Moreau defends the power of the King to rule France without opposition. In this passage, he emphasized that the current King must be actively involved in governing and could no longer inspire respect from his subjects merely by occupying the throne, as had monarchs in earlier times. Furthermore, Moreau wrote, only an active King could defend order and thus preserve the liberty of his people.
Jacob-Nicolas Moreau, <i>Leçons de Morale, de politique et de droit public </i>(Versailles: De l'imprimerie du Département des affaires étrangères, 1773), 15–16, 21–26, 49, 76–80, 139–48.
1773
https://chnm.gmu.edu/revolution/d/254/
254
Calonne, "Programs of Reform," Address to Assembly of Notables (1787)
In 1783 Charles Alexandre de Calonne, a provincial noble, became royal finance minister. At first, he, like Vergennes, saw no need to rationalize the royal treasury or to appease the <i>Parlements</i>. By 1786, however, the deficit had become so huge—one–sixth of the total royal budget—that Calonne knew that reforms—meaning more taxes, or at least more loans—could no longer be put off. To obtain the support of regional nobles for such changes, the King called an Assembly of Notables. At the opening session, on 22 February 1787, Calonne addressed the assembly and proposed a uniform tax across the kingdom, to be administered by provincial assemblies of nobles and other elites. In other words, a royal minister was now suggesting that taxation privileges should be replaced by a fiscal policy that would apply to all equally.
Jules Flammermont, <i>Remonstrances du Parlement de Paris au XVIIIe siècle,</i> vol. 1 (Paris: Imprimerie Nationale, 1888–98), 189–98.
February 22, 1787
https://chnm.gmu.edu/revolution/d/258/
258
Linguet, "Attack on the Nobility" from <i>Annales politiques</i> (1789)
Simon–Henri Linguet was one of the most active and irascible old regime figures. Among his many careers, he was a lawyer (who was disbarred in 1775) and a journalist (who was forced to give up his newspaper and flee to England in 1776). Throughout his life, he remained both a resolute monarchist and an intemperate critic of the excesses of royal ministers, Parlementary magistrates, lawyers—anyone he considered to be exercising too much power. In this passage, from early 1789, he attacks the old regime nobility on behalf of the French "nation," by which he meant those who truly wanted to help their fellow countrymen, not merely to serve themselves (of which he accused the nobles).
Simon-Nicolas-Henri Linguet, <i>Annales politiques, civiles et littéraires du dix-huitième siècle</i>, 19 vols. (London and Paris, 1777–92), 19:98–99.
1789
https://chnm.gmu.edu/revolution/d/259/
259
Fictional Attack by "Terray" on Turgot (1781[?])
In the 1780s, following the fall of the reform–minded Turgot and Necker ministries, traditionalists felt certain that they had seen the last of the crass, pro–commerce ideas that these men and their supporters had promoted. In this pamphlet, Turgot personally is mocked by an author writing as if he were the abbé Terray, who had preceded Turgot as finance minister; the fictional "Terray" takes Turgot to task for thinking that he was justified in promoting such drastic changes on his own rather than deferring to his social betters, such as the noble magistrates of the <i>Parlements</i> and the aristocrats in the King’s entourage.
Jean-Louis Soulavie,<i> Historical and Political Memoirs of the Reign of Lewis XVI from His Marriage to His Death, Translated from the French...in Six Volumes...,</i> vol. 3 (London: G. and J. Robinson, 1802), 431-438.
1781
https://chnm.gmu.edu/revolution/d/260/
260
The <i>Magna Carta</i>
King John of England granted the <i>Magna Carta </i>("the great charter") on 15 June 1215. Leading nobles had demanded confirmation of their liberties and had threatened war if their demands were not met. The King agreed not to confiscate his subjects’ lands unfairly, not to raise taxes without consent, not to imprison a subject without due process and not to employ foreign mercenaries. The Great Charter quickly became the cornerstone of English constitutional government.
Guy Carleton Lee, <i>Source-Book of English History</i> (New York: Henry Holt, 1901), 169–80.
June 15, 1215
https://chnm.gmu.edu/revolution/d/265/
265
The <i>Petition of Right</i>
In 1628, the position of Charles I of England had gone from bad to worse. Rash enterprises, lavish and illegal expenditure, and broken promises of better government had almost ruptured relations between the monarch and his subjects. The King offered to grant a "Confirmation of the Great Charter," such as had often been issued and then disregarded by former monarchs. The Commons refused this offer, and under the leadership of Sir Edward Coke, the members drew up and passed the <i>Petition of Right</i>. Charles made repeated attempts to avoid ratifying it in a legal manner. He was finally compelled to give his assent in due form.
Guy Carleton Lee, <i>Source-Book of English History</i> (New York: Henry Holt, 1901), 348–52.
1628
https://chnm.gmu.edu/revolution/d/266/
266
The <i>Bill of Rights</i>, 1689
In response to policies that threatened to restore Catholicism in England, Parliament deposed King James II and called William of Orange from the Dutch Republic and his wife Mary, who was James’s Protestant daughter, to replace him. William and Mary agreed to the <i>Bill of Rights</i> presented to them by Parliament, thereby acknowledging that their power came from the legislature rather than from any concept of the "divine right of kings." The <i>Bill of Rights</i> confirmed traditional English liberties, especially the power of Parliament to make laws and consent to taxation. It also confirmed and guaranteed freedom of speech and denied the legitimacy of cruel and unusual punishments. The <i>Bill of Rights</i> quickly took its place as a foundation of English constitutionalism and exercised great influence in the British North American colonies during their war for independence.
Guy Carleton Lee, <i>Source-Book of English History</i> (London: Henry Holt, 1901), 424–31.
1689
https://chnm.gmu.edu/revolution/d/267/
267