France

Rare indeed are the anticipations before 1789 of the revolution impending over France.

Nor can I omit to mention suggestions as to alterations in the modern law of France made to me by and also derived from the writings of Professor Duguit, and Professor Jéze.

It is reasonable to anticipate the establishment in England, as now in our self-governing colonies, in the United States of America, in France, and in the German Empire of Manhood or Universal Suffrage.

The revocation of the edict of Nantes at length expelled a great mass of manufacturing knowledge from France, and supplied England with the leading cause of manufacturing prosperity;

and exactly occupies the privilege of the clergy and nobility of France, which caused the revolution of that country.

The conventions of France (elected to form a constitution) upon the ground of representing the people, assumed a spherical sovereignty with its attributes as settled by themselves;

, who left a daughter, an Assembly of Notables, which is sometimes described as the States-General of France, had resolved that the French Crown descended exclusively to males and through males.

It is not quite certain when men first began to suppose that the law thus designated applied to royal successions, but clearly this view prevailed both in England and France soon after the beginning of the hundred years’ war.

but nevertheless the theory of sovereignty and government called Legitimism, which is still a factor in French and Spanish politics, is ultimately based on the assumption of a sort of sacred and indefeasible law regulating succession to the Crown, and placing it beyond competition and above popular sanction.

In 1627 he engaged in a war with France, and sent out a fleet and army under Buckingham to relieve the Huguenot stronghold of Rochelle which was being besieged by the King of France.

An expedition to Cadiz had in the interval failed to accomplish anything, and there were reasons for believing that Buckingham was about to pick a quarrel with France in addition to the quarrel with Spain.

Yet it was not with Charles II as it was with Louis XVIII, in the days of the Directory, the Consulate, and the Empire.

In other parts of Europe—in Germany, France, and Italy, as in Scotland—the ablest monarchs found their thrones endangered by this feudal current.

Monographs and contributions to periodical literature, devoted exclusively to Magna Carta, have been published in France, Germany and the United States of America, as well as in Great Britain;

The final crash came on Sunday, 27th July, when the King of France triumphed over John’s allies at the decisive battle of Bouvines.

There is a single example which very strikingly illustrates the effects of the theory of natural law on modern society, and indicates how very far are those effects from being exhausted.

It was the special peculiarity of France that an extraordinary diversity of laws continued without sensible alteration while the central authority of the monarchy was constantly strengthening itself, while rapid approaches were being made to complete administrative unity, and while a fervid national spirit had been developed among the people.

The doctrines and institutions which may be attributed to it are the material of some of the most violent controversies debated in our time, as will be seen when it is stated that the theory of Natural Law is the source of almost all the special ideas as to law, politics, and society which France during the last hundred years has been the instrument of diffusing over the western world.

Cliffe Leslie, and others have come upon plain traces of such communities in several parts of France.

Bartholomew, the Kings of France were still in Latin ‘Reges Francorum;

It would be out of place to enter here on a discussion of the changes which seem to me desirable in order to make the soil of England as freely exchangeable as the theory now generally accepted demands;

The French translator hath gone much farther;

that translation hath also been several times reprinted, and perhaps no book, on any subject, was ever received with more avidity, more generally read, or more universally applauded.

such was Jefferies in England, and such in France was the man whom they called Coupe-tete.

but two amusing incidents, one in England and one in France, seem to point that way.

That question underlies all other questions.

The French law and the old Roman law conferred these rights or privileges upon all persons with the exception of those who were the offspring of an adulterous or incestuous union.

In France, formerly, an alien was not allowed to make a will, but all his property at his death escheated to the crown by the droit d’aubaîne.

in France property in goods passes by contract of sale, in Germany by tradition.

A German, then, domiciled in Germany but dying in France, would be unable to execute a will if he could only do it in the form prescribed by German law.

From Antwerp he took refuge in France, where he arrived in April, 1621, and was joined by his faithful wife at Paris in the following October.

The youthful prodigy had already accompanied the Grand Pensionary, John of Oldenbarneveld on a special embassy to France, where he was presented to Henry IV.

And it has been confirmed by the authority both of France and England, that a sovereign cannot answer for every injury done to the subjects of a friendly power by his naval or military forces;

Thus, in all districts which English goods were obliged to reach by long land transport, the native manufacturers had the advantage.

Scarcely a manufacturer in business had failed to take time by the forelock and produce more than his usual quantity of goods, with a view to disposing of them on the Continent.

This crisis of 1815, though it had an effect upon the Continent and the various countries which traded to a considerable extent with the United Kingdom, could scarcely be called an international industrial crisis.

In France, the royal bailiffs were commanders of the militia, administrators or stewards of the domains, and judges of their districts.

“Bailiff signifies a keeper or superintendent, and is directly derived from the French word bailli, which appears to come from the word balivus, and that from bagalus, a Latin word signifying generally a governor, tutor, or superintendent.

An expedient was devised of sending royal bailiffs into different parts of the kingdom, with a commission to take cognizance of all those causes in which the sovereign was interested, and in reality for the purpose of abridging and limiting the subordinate jurisdiction of the neighboring feudal superiors.

France gives the initiative (in Descartes), then England assumes the leadership (in Locke), with Leibnitz and Kant the hegemony passes over to Germany.

Germany, England, and France claim the honor of having produced the first *modern* philosopher, presenting Nicolas of Cusa, Bacon of Verulam, and René Descartes as their candidates, while Hobbes, Bruno, and Montaigne have received only scattered votes.

In some French custumals rules of this kind are recorded as still in force, with only slight relaxations, in the late fifteenth century, as appears from the passage last cited.

Modern French law has done for the sale of all kinds of property what the Common Law did in the Middle Ages for the sale of ascertained goods, made a complete contract of sale pass the whole legal interest without any further act of transfer.

In most Continental countries, however, if not in all, the remedy for such acts must be sought before a special tribunal (in France the Conseil d’Etat:

but the will of the King is as much the law of the land in Britain as in France, with this difference, that instead of proceeding directly from his mouth, it is handed to the People under the more formidable shape of an act of Parliament.

but in its present state it is unworthy of the name, because the corrupt influence of the Crown by having all the places in its disposal, hath so effectually swallowed up the the power, and eaten out the virtue of the House of Commons (the Republican part in the constitution) that the government of England is nearly as monarchical as that of France or Spain.