The 13 parlements (that of Paris being by far the most important) were by their origins law courts. Although their apologists claimed in 1732 that the parlements had emerged from the ancient judicium Francorum of the Frankish tribes, they had in fact been created by the king in the Middle Ages to dispense justice in his name. With the atrophy of the Estates-General, which had not met since 1614, the parlements now claimed to represent the Estates when those were not in session. In 1752 a Jansenist parlementaire, Louis-Adrien Le Paige, developed the idea that the various parlements should be thought of as the “classes” or parts of a larger and single “Parlement de France.”
This was a politically significant claim because these courts had taken on many other quasi-administrative functions that were related to charity, education, the supervision of the police, and even ecclesiastical discipline. Royal decrees were not binding, claimed the parlementaires, unless the parlements had registered them as laws. Although the parlementaires admitted that the king might force them to register his decrees by staging a lit-de-justice (i.e., by appearing in person at their session), they also knew that the public deplored such maneuvers, which manifestly went against the grain of the monarch’s supposed Christian and paternalist solicitude for the well-being of his subjects.
Various social, cultural, and institutional developments had served to turn the parlements into strongholds of resistance to reforms that increased the crown’s powers. Since the 17th century the monarchy’s need for money and the ensuing venality of offices had enabled the parlementaires to purchase their positions and to become a small and self-conscious elite, a new “nobility of the robe.” In 1604 the creation of the paulette tax had enabled the parlementaires to make their offices a part of their family patrimony, even if the value of their offices fell somewhat during the course of the 18th century. They had gained status by intermarrying with the older chivalric nobility of the sword. By 1700 the parlementaires had become a hereditary and rich landowning elite. (Near Bordeaux, for example, the best vineyards were theirs.) The interregnum of the regency after the death of Louis XIV (1715–23) had given them a chance to recapture some of the ground they had lost during Louis’s reign; the value of their offices, however, fell again somewhat in the course of the 18th century. The parlementaires’ Jansenist leanings and their recent espousal of antiabsolutism—expressed in the work of Montesquieu, himself a baron and a parlementaire—gave this elite ideological consistency.
In 1764 the Jansenist parlementaires, as ideological “progressives,” secured the expulsion of the Jesuits from France. Incidents such as the death sentence administered by the Parlement of Paris in 1766 against the 18-year-old chevalier de la Barre, accused of mutilating a crucifix and owning a copy of Voltaire’s Dictionnaire philosophique (1764; Philosophical Dictionary), showed, however, that the courts were not entirely on the side of the Enlightenment. In 1768–69 the Parlement of Brittany, in an antiabsolutist stance, forced the resignation of an appointed royal official, the duc d’Aiguillon, who had boldly tried to limit the power of the local nobility, with whom the Parlement was now in close alliance. King and parlements
In 1770 the conflict with the parlements had reached such a level that Louis XV was finally goaded into a burst of absolutist energy. The Paris Parlements, which had dared to attack Terray’s financial reform, were dissolved on January 19, 1771. Maupeou was then authorized to create an altogether different set of parlements with appointed judges shorn of administrative and political power.
In time, opinion might well have accepted Terray’s and Maupeou’s reforms, despite the outcry raised by the parlements’ supporters, who argued that the arbitrary uprooting of these centuries-old institutions threatened to turn France into a "ministerial despotism.” France might then, like Prussia, have avoided revolution from below through the practice of a revolution from above. But the death of Louis XV in 1774 put an end to the experiment. His 20-year-old successor, Louis XVI (reigned 1774–92), unsure of himself and eager to please, recalled the parlements and forced Maupeou into retirement.
Louis XVI, oil on canvas by Antoine-François Callet, 1786; in the Musée Carnavalet, Paris.Fine Art Images/age fotostock
In late 1774 Louis XVI appointed Turgot, a former intendant, comptroller general. Perhaps because he thought that the success of his reforms would guarantee their acceptance, perhaps also because he thought it vain to attack the Parlement directly so soon after Maupeou’s dismissal, Turgot carried through his measures without first destroying the institutional bases of privileged conservatism. He left the Parlement alone and attempted instead to reduce government expenditures and to alter the methods of tax collecting. In accordance with his physiocratic laissez-faire principles, he freed the grain trade from restraint; suppressed the corvée, or forced labour service, exacted from the peasants; and abolished the guilds, which had limited both access to artisanal professions and the competition within them. Finally, he suggested that Protestants should be given freedom of conscience. In short, Turgot attempted to rationalize the administrative practices of the French state and to individuate French social and economic life. The solution to the financial crisis, he thought, would come not through the state’s appropriation of a larger share of extant resources but from the expansion of the nation’s ability to produce and pay. The strength of creative individualism, he thought, would break the political impasse.
In May 1776, however, Turgot was dismissed. Opposition to his measures had come from all sides: a poor harvest had sparked peasant disturbances, the clericalists were antagonized by Turgot’s philosophical friends (his greatest and most loyal disciple was Marie-Jean-Antoine-Nicolas de Caritat, marquis de Condorcet, the future Girondin), and, when the Parlement of Paris once again refused to register the new edicts, Louis abandoned Turgot as he had dismissed Maupeou. Thenceforth, the state carried through only minor reforms, none of them on a scale commensurate with the needs felt by the Enlightenment bourgeoisie and notables of the cities and towns. The vestiges of serfdom were suppressed in 1779, and in 1780 torture was abolished. In 1784 the king’s use of lettres de cachet for purposes of arbitrary imprisonment without trial was considerably curtailed. But these were minor adjustments. Nothing was done to solve the fundamental problems of the organization of society and of the state in a manner that would be acceptable to progressive public opinion.
The issue of fundamental reform came to the fore again in 1786, when the loans floated to pay for the American war began to come due, and the controller general, Charles-Alexandre de Calonne (1734–1802), had to tell the king that they could not be repaid. "The only way to bring real order into the finances is to revitalize the entire state by reforming all that is defective in its constitution," Calonne told his sovereign.
Marie-Antoinette, painting by Élisabeth Vigée-Lebrun, 18th century; in the Versailles Museum.© Ronald Sheridan/Ancient Art & Architecture Collection
Although Louis XVI accepted Calonne’s proposal to convene an Assembly of Notables, chosen from the country’s elites, and to seek their endorsement for a comprehensive reform program, the monarchy had already frittered away the prestige and authority that might have allowed this gamble to succeed. Repeated changes of policy in the previous decades had made the public wary of royal initiatives. Louis XV’s sexual adventures, especially his public liaison with Mme du Barry, widely rumoured to have once been a prostitute, had severely damaged the monarchy’s image. Louis XVI’s embarrassing inability to consummate his marriage with Marie-Antoinette for seven years also undermined respect for the throne, which suffered a further blow from the Affair of the Diamond Necklace of 1785–86, in which a high-ranking prelate was accused of having tried to seduce the queen.