Saturday 6 August 2011

Contemporary legal writers on the old French monarchy

A quotation from Les institutions du droit français by Claude Serres, published in 1778:

"But we can confine ourselves to noting that in France the power of making laws belongs solely to the King.  This right has belonged to him since the beginning of the Monarchy.  It has never been conferred on him by the people, for our Kings, having defeated the Gauls by virtue of the right of conquest and the force of their arms, do not owe their crown and are not indebted for their supreme power to anyone except God alone."

And here is a somewhat similar quotation from the Dictionnaire de droit et de pratique by Claude-Joseph de Ferrière (1749):

"The KING OF FRANCE is a Prince possessed of full power by virtue of succession to the Crown of France....

Our Kings do not hold their Crown by virtue of election by their Subjects.  Having defeated the Gauls by virtue of the right of conquest and by the force of their arms, they hold their power from God alone and from their sword.

In fact, the King of France is an Emperor in his Kingdom, and the only Sovereign therein, acknowledging no Superior and holding his Kingdom immediately from God, who has established it by his grace.  Indeed, the Kings call themselves "King by the grace of God" in order to mark their sovereign authority and their independence....

When they are crowned, they take up their sword (which is the symbol of their power) from the Altar, and not from the hand of any of the persons who are in attendance at their Coronation.  This is to show that it is to God alone that they are indebted for their supreme authority....

In absolute Monarchies like that of France, the King alone can make Laws....

Public power belongs wholly and absolutely to the King alone.  Therefore, no-one but him is able to hold power over his Subjects...."