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.

These summary statements of the authority, both legislative and judicial, given to persons or bodies either closely connected with, or subject to, or part of the Government of the day, are enough to prove that the Insurance Act creates in England a system bearing a marked resemblance to the administrative law of France.

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;

The Royal House or Sept, whose disputed headship involved England in these calamities, was that of the Capetians, of the collective body of the descendants of Hugh Capet, who in 987 got himself elected King of the Franks, or French, and founded the feudal monarchy of the country which, by successive additions, has since become so famous under the name of France.

, 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.

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 years in which John waged a losing war with the King of France (1199–1206), the quarrel with the Pope (1206–13), the great struggle with the barons (1213–16).

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.

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.

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.

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;

I have frequently dwelt in this place on the erroneousness of the vulgar opinion which dates the extreme subdivision of the soil of France from the first French Revolution, and from the sale of the Church lands and of the estates of the emigrant nobility.

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.

The French translator hath gone much farther;

In France, if any one be privy to a conspiracy, and does not reveal it, he is punished with death.

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

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.

It is well known to the French law, but, unfortunately, it is so hedged about by conditions and restrictions and limitations, that it is to all intents and purposes useless for the purpose of legitimating natural children.

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;

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.

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.

They found their new markets, thanks to the complete supremacy of England at sea, in India, North and South America, the West India Islands, and Asia Minor, pushing their trade over, the whole known world with the greatest vigour.

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

From the French word bayliff, that is, præfectus provinciæ, and as the name, so the office itself was answerable to that of France, where there were eight parliaments, which were high courts from whence there lay no appeal, and within the precincts of the several parts of that kingdom which belonged to each parliament, there were several provinces to which justice was administered by certain officers called bailiffs;

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.

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.

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

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 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.

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.