The story has been told of the conspiracies
at court and the repeated checks suffered by the great
lords in their attempts against Cardinal Richelieu.
With the exception of Languedoc, under the influence
of its governor the Duke of Montmorency, the provinces
took no part in these enterprises; their opposition
was of another sort; and it is amongst the parliaments
chiefly that we must look for it.
“The king’s cabinet and
his bed-time business (petit coucher) cause
me more embarrassment than the whole of Europe causes
me,” said the cardinal in the days of the great
storms at court; he would often have had less trouble
in managing the parliaments and the Parliament of Paris
in particular, if the latter had not felt itself supported
by a party at court. For a long time past a
pretension had been put forward by that great body
to give the king advice, and to replace towards him
the vanished states-general. “We hold
the place in council of the princes and barons, who
from time immemorial were near the person of the kings,”
was the language used, in 1615, in the representations
of the Parliament, which had dared, without the royal
order, to summon the princes, dukes, peers, and officers
of the crown to deliberate upon what was to be done
for the service of the king, the good of the state,
and the relief of the people.
This pretension on the part of the
parliaments was what Cardinal Richelieu was continually
fighting against. He would not allow the intervention
of the magistrates in the government of the state.
When he took the power into his hands, nine parliaments
sat in France Paris, Toulouse, Grenoble,
Bordeaux, Dijon, Rouen, Aix, Rennes, and Pau:
he created but one, that of Metz, in 1633, to severe
in a definitive manner the bonds which still attached
the three bishoprics to the Germanic empire.
Trials at that time were carried in the last resort
to Spires.
Throughout the history of France we
find the Parliament of Paris bolder and more enterprising
than all the rest: and it did not belie its character
in the very teeth of Richelieu. When, after Dupes’
Day was over, Louis XIII. declared all the companions
of his brother’s escape guilty of high treason,
the Parliament of Dijon, to which the decree was presented
by the king himself, enregistered it without making
any difficulty. All the other parliaments followed
the example; that of Paris alone resisted, and its
decision on the 25th of April contained a bitter censure
upon the cardinal’s administration. On
the 12th of May, the decision of that Parliament was
quashed by a decree of the royal council, and all
its members were summoned to the Louvre; on their knees
they had to hear the severe reprimand delivered by
Chateauneuf, keeper of the seals; and one president
and three counsellors were at the same time dismissed.
When the Parliament, still indomitable, would have
had those magistrates sit in defiance of the royal
order, they were not to be found in their houses;
the soldiery had carried them off.
The trial of Marshal Marillac, before
a commission, twice modified during the course of
proceedings, of the Parliament of Dijon, was the occasion
of a fresh reclamation on the part of the Parliament
of Paris; and the king’s ill-humor against the
magistrates burst forth on the occasion of a commission
constituted at the Arsenal to take cognizance of the
crime of coining. The Parliament made some formal
objections the king, who was at that time at Metz
with his troops, summoned President Seguier and several
counsellors. He quashed the decree of the Parliament.
“You are only constituted,” said he,
“to judge between Master Peter and Master John
(between John Doe and Richard Roe); if you go on as
at present, I will pare your nails so close that you’ll
be sorry for it.” Five counsellors were
interdicted, and had great trouble in obtaining authority
to sit again. So many and such frequent squabbles,
whether about points of jurisdiction or about the
registration of edicts respecting finances, which
the Parliament claimed to have the right of looking
into, caused between the king, inspired by his minister,
and the Parliament of Paris an irritation which reached
its height during the trial of the Duke of La
Valette, third son of the Duke of Epernon, accused,
not without grounds, of having caused the failure
of the siege of Fontarabia from
jealousy towards the Prince of Conde.
The affair was called on before a commission composed
of dukes and peers, some councillors of state and
some members of the Parliament, which demanded that
the duke should be removed to its jurisdiction.
“I will not have it,” answered the king;
“you are always making difficulties; it seems
as if you wanted to keep me in leading-strings; but
I am master, and shall know how to make myself obeyed:
It is a gross error to suppose that I have not a right
to bring to judgment whom I think proper and where
I please.” The king himself asked the
judges for their opinion. [Isambert, Recueil des
anciennes Lois Francaises, t. xvi.] “Sir,”
replied Counsellor Pinon, dean of the grand chamber,
“for fifty years I have been in the Parliament,
and I never saw anything of this sort; M. de La
Valette had the honor of wedding a natural sister
of your Majesty, and he is, besides, a peer of France;
I implore you to remove him to the jurisdiction of
the Parliament.” “Your opinion!”
said the king, curtly. “I am of opinion
that the Duke of La Valette be removed to
be tried before the Parliament.” “I
will not have that; it is no opinion.”
“Sir, removal is a legitimate opinion.”
“Your opinion on the case!” rejoined the
king, who was beginning to be angry; “if not,
I know what I must do.” President Bellievre
was even bolder. “It is a strange thing,”
said he to Louis XIII.’s face, to see a king
giving his vote at the criminal trial of one of his
subjects; hitherto kings have reserved to themselves
the rights of grace, and have removed to their officers’
province the sentencing of culprits. Could your
Majesty bear to see in the dock a nobleman, who might
leave your presence only for the scaffold? It
is incompatible with kingly majesty.”
“Your opinion on the case!” bade the king.
“Sir, I have no other opinion.”
The Duke of La Valette had taken refuge
in England: he was condemned and executed in effigy.
The attorney-general, Matthew Mold, “did not
consider it his business to carry out an execution
of that sort: “and recourse was obliged
to be had to the lieutenant-governor of convicts at
the Chatelet of Paris.
The cup had overflowed, and the cardinal
resolved to put an end to an opposition which was
the more irritating inasmuch as it was sometimes legitimate.
A notification of the king’s, published in 1641,
prohibited the Parliament from any interference in
affairs of state and administration. The whole
of Richelieu’s home-policy is summed up in the
preamble to that instrument, a formal declaration of
absolute power concentrated in the hands of the king.
“It seemeth that, the institution of monarchies
having its foundation in the government of a single
one, that rank is as it were the soul which animates
them and inspires them with as much force and vigor
as they can have short of perfection. But as
this absolute authority raises states to the highest
pinnacle of their glory, so, when it happens to be
enfeebled, they are observed, in a short time, to
fall from their high estate. There is no need
to go out of France to find instances of truth. .
. . The fatal disorders and divisions of the
League, which ought to be buried in eternal oblivion,
owed their origin and growth to disregard of the kingly
authority Henry the Great, in whom God had put the
most excellent virtues of a great prince, on succeeding
to the crown of Henry III., restored by his valor
the kingly authority which had been as it were cast
down and trampled under foot. France recovered
her pristine vigor, and let all Europe see that power
concentrated in the person of the sovereign is the
source of the glory and greatness of monarchies, and
the foundation upon which their preservation rests.
. . . We, then, have thought it necessary
to regulate the administration of justice, and to make
known to our parliaments what is the legitimate usage
of the authority which the kings, our predecessors,
and we have deposited with them, in order that a thing
which was established for the good of the people may
not produce contrary effects, as would happen if the
officers, instead of contenting themselves with that
power which makes them judges in matters of life and
death and touching the fortunes of our subjects, would
fain meddle in the government of the state which appertains
to the prince only.”
The cardinal had gained the victory.
Parliament bowed the head; its attempts at independence
during the Fronde were but a flash, and the yoke of
Louis XIV. became the more heavy for it. The
pretensions of the magistrates were often foundationless,
the restless and meddlesome character of their assemblies
did harm to their remonstrances; but for a long while
they maintained, in the teeth of more and more absolute
kingly power, the country’s rights in the government,
and they had perceived the dangers of that sovereign
monarchy which certainly sometimes raises states to
the highest pinnacle of their glory, but only to let
them sink before long to a condition of the most grievous
abasement.
Though always first in the breach,
the Parliament of Paris was not alone in its opposition
to the cardinal. The Parliament of Dijon protested
against the sentence of Marshal Marillac, and refused,
to its shame, to bear its share of the expenses for
the defence of Burgundy against the Duke of Lorraine,
in 1636, a refusal which cost it the suspension of
its premier president.
The Parliament of Brittany, in defence
of its jurisdictional privileges, refused to enregister
the decree which had for object the foundation of a
company trading with the Indies, “for the general
trade between the West and the East,” a grand
idea of Richelieu’s, the seat of which was to
be in the roads of Morbihan; the company, already
formed, was disheartened, thanks to the delays caused
by the Parliament, and the enterprise failed.
The Parliament of Grenoble, fearing a dearth of corn
in Dauphiny, quashed the treaties of supply for the
army of Italy, at the time of the second expedition
to Mantua; it went so far as to have the dealers’
granaries thrown open, and the superintendent of finance,
D’Emery, was obliged to come to terms with the
deputies of Dauphiny, “in order that they of
the Parliament of Grenoble, who said they had no interests
but those of the province, might have no reason to
prevent for the future the transport of corn,”
says Richelieu himself in his Mémoires.
The Parliament of Rouen had always
passed for one of the most recalcitrant. The
province of Normandy was rich, and, consequently,
overwhelmed with imposts; and several times the Parliament
refused to enregister financial edicts which still
further aggravated the distress of the people.
In 1637 the king threatened to go in person to Rouen
and bring the Parliament to submission, whereat it
took fright and enregistered decrees for twenty-two
millions. It was, no doubt, this augmentation
of imposts that brought about the revolt of the Nu-pieds
(Barefoots) in 1639. Before now, in 1624 and
in 1637, in Périgord and Rouergue, two popular risings
of the same sort, under the name of Croquants (Paupers),
had disquieted the authorities, and the governor of
the province had found some trouble in putting them
down. The Nu-pieds were more numerous and
more violent still; from Rouen to Avranches all the
country was a-blaze. At Coutances and at Vire,
several monopoliers and gabeleurs, as the fiscal officers
were called, were massacred; a great number of houses
were burned, and most of the receiving-offices were
pulled down or pillaged. Everywhere the army
of suffering (armée de souffrance), the name
given by the revolters to themselves, made, appeal
to violent passions; popular rhymes were circulated
from hand to hand, in the name of General Nu-pieds
(Barefoot), an imaginary personage whom nobody
ever saw. Some of these verses are fair enough.
TO NORMANDY.
“Dear
land of mine, thou canst no more
What
boots it to have served so well?
For
see! thy faithful service bore
This
bitter fruit the cursed gabelle.
Is
that the guerdon earned by those
Who
succored France against her foes,
Who
saved her kings, upheld her crown,
And
raised the lilies trodden down,
In
spite of all the foe could do,
In
spite of Spain and England too?
“Recall
thy generous blood, and show
That
all posterity may know
Duke
William’s breed still lives at need:
Show
that thou hast a heavier hand
Than
erst came forth from Northern land;
A
hand so strong, a heart so high,
These
tyrants all shall beaten cry,
’From
Normans and the Norman race
Deliver
us, O God of grace!’”
The tumult was more violent at Rouen
than anywhere else, and the Parliament energetically
resisted the mob. It had sent two counsellors
as a deputation to Paris to inform the king about the
state of affairs. “You may signify to the
gentlemen of the Parliament of Rouen,” said
Chancellor Seguier, in answer to the delegates, “that
I thank them for the trouble they have taken on this
occasion; I will let the king know how they have behaved
in this affair. I beg them to go on as they have
begun. I know that the Parliament did very good
service there.”
In fact, several counsellors, on foot
in the street and in the very midst of the revolters,
had, at the peril of their lives, defended Le Tellier
de Tourneville, receiver-general of gabels, and his
officers, whilst the whole Parliament, in their robes,
with the premier president at their head, perambulated
Rouen, amidst the angry mob, repairing at once to the
points most threatened, insomuch that the presidents
and counsellors were “in great danger and fear
for their skins.” [Histoire du Parlement
de Normandy, by M. Floquet, t. iv.] It was this
terror, born of tumults and the sight of an infuriated
populace, which, at a later period, retarded the Parliament
in dealing out justice, and brought down upon it the
wrath of the king and of the cardinal.
Meanwhile the insurrection was gaining
ground, and the local authorities were powerless to
repress it. There was hesitation at the king’s
council in choosing between Marshal Rantzau and M.
de Gassion to command the forces ordered to march
into Normandy. “That country yields no
wine,” said the king “that will not do
for Rantzau, or be good quarters for him.”
And they sent Colonel Gnssion, not so heavy a drinker
as Rantzau, a good soldier and an inflexible character.
First at Caen, then at Avranches, where there was
fighting to be done, at Coutances and at Elbeuf, Gassion’s
soldiery everywhere left the country behind them in
subjection, in ruin, and in despair. They entered
Rouen on the 31st of December, 1639, and on the 2d
of January, 1640, the chancellor himself arrived to
do justice on the rebels heaped up in the prisons,
whom the Parliament dared not bring up for judgment.
“I come to Rouen,” he said, on entering
the town, “not to deliberate, but to declare
and execute the matters on which my mind is made up.”
And he forbade all intervention on the part of the
archbishop, Francis de Harlay, who was disposed, in
accordance with his office of love as well as the parliamentary
name he bore, to implore pity for the culprits, and
to excuse the backward judges. The chancellor
did not give himself the trouble to draw up sentences.
“The decree is at the tip of my staff,”
replied Picot, captain of his guards, when he was
asked to show his orders. The executions were
numerous in Higher and Lower Normandy, and the Parliament
received the wages of its tardiness. All the
members of the body, even the most aged and infirm,
were obliged to leave Rouen. A commission of
fifteen councillors of the Parliament of Paris came
to replace provisionally the interdicted Parliament
of Normandy; and, when the magistrates were empowered
at last to resume their sitting, it was only a six
months’ term: that is, the Parliament henceforth
found itself divided into two fragments, perfect strangers
one to the other, which were to sit alternately for
six months. “A veritable thunderbolt for
that sovereign court, for by the six months’
term,” says M. Floquet, “there was no
longer any Parliament, properly speaking, but two phantoms
of Parliament, making war on each other, whilst the
government had the field open to carve and cut without
control.”
“All obedience is now from fear,”
wrote Grotius to Oxenstiern, chancellor of Sweden;
“the idea is to exorcise and annihilate hatred
by means of terror.” “This year,”
wrote an inhabitant of Rouen, “there have been
no New Year’s presents [etrennes], no
singing of ’the king’s drinking-song [lé
roi boit], in any house. Little children
will be able to tell tales of it when they have attained
to man’s estate; for never, these fifty years
past, so far as I can learn, has it been so.”
[Journal de l’Abbe de la Rue.] The
heaviest imposts weighed upon the whole province,
which thus expiated the crime of an insignificant portion
of its inhabitants. “The king shall not
lose the value of this handkerchief that I hold,”
said the superintendent Bullion, on arriving at Rouen.
And he kept his word: Rouen alone had to pay
more than three millions. The province and its
Parliament were henceforth reduced to submission.
It was not only the Parliaments that
resisted the efforts of Cardinal Richelieu to concentrate
all the power of the government in the hands of the
king. From the time that the sovereigns had given
up convoking the states-general, the states-provincial
had alone preserved the right of bringing to the foot
of the throne the plaints and petitions of subjects.
Unhappily few provinces enjoyed this privilege; Languedoc,
Brittany, Burgundy, Provence, Dauphiny, and the countship
of Pau alone were states-districts, that is to say,
allowed to tax themselves independently and govern
themselves to a certain extent. Normandy, though
an elections-district, and, as such, subject to the
royal agents in respect of finance, had states which
continued to meet even in 1666. The states-provincial
were always convoked by the king, who fixed the place
and duration of assembly.
The composition of the states-provincial
varied a great deal, according to the districts.
In Brittany all noblemen settled in the province had
the right of sitting, whilst the third estate were
represented by only forty deputies. In Languedoc,
on the contrary, the nobility had but twenty-three
representatives, and the class of the third estate
numbered sixty-eight deputies. Hence, no doubt,
the divergences of conduct to be remarked in those
two provinces between the Parliament and the states-provincial.
In Languedoc, even during Montmorency’s insurrection,
the Parliament remained faithful to the king and submissive
to the cardinal, whilst the states declared in favor
of the revolt: in Brittany, the Parliament thwarted
Richelieu’s efforts in favor of trade, which
had been enthusiastically welcomed by the states.
In Languedoc as well as in Dauphiny
the cardinal’s energy was constantly directed
towards reducing the privileges which put the imposts,
and, consequently, the royal revenues, at the discretion
of the states. Montmorency’s insurrection
cost Languedoc a great portion of its liberties, which
had already been jeoparded, in 1629, on the occasion
of the Huguenots’ rising; and those of Dauphiny
were completely lost; the states were suppressed in
1628.
The states of Burgundy ordinarily
assembled every three years, but they were accustomed,
on separating, to appoint “a chamber of states-general,”
whereat the nobility, clergy, and third estate were
represented, and which was charged to watch over the
interests of the province in the interval between
the sessions. When, in 1629, Richelieu proposed
to create, as in Languedoc, a body of “elect”
to arrange with the fiscal agents for the rating of
imposts without the concurrence of the states, the
assembly proclaimed that “it was all over with
the liberties of the province if the edict passed,”
and, in the chamber of the nobility, two gentlemen
were observed to draw their swords. But, spite
of the disturbance which took place at Dijon, in 1630,
on occasion of an impost on wines, and which was called,
from the title of a popular ditty, la Sedition
de Lanturlu, the province preserved its liberties,
and remained a states-district.
It was the same subject that excited
in Provence the revolt of the Cascaveous, or
bell-bearers. Whenever there was any question
of elections or “elect,” the conspirators
sounded their bells as a rallying signal, and so numerous
was the body of adherents that the bells were heard
tinkling everywhere. The Prince of Conde was
obliged to march against the revolters, and the states
assembled at Tarascon found themselves forced to vote
a subsidy of one million five hundred thousand livres.
At this cost the privileges of Provence were respected.
The states of Brittany, on the contrary,
lent the cardinal faithful support, when he repaired
thither with the king, in 1626, at the time of the
conspiracy of Chalais; the Duke of Vendome, governor
of Brittany, had just been arrested; the states requested
the king “never to give them a governor issue
of the old dukes, and to destroy the fortifications
of the towns and castles which were of no use for
the defence of the country.” The petty
noblemen, a majority in the states, thus delivered
over the province to the kingly power, from jealousy
of the great lords. The ordinance, dated from
Nantes on the 31st of July, 1626, rendered the measure
general throughout France. The battlements of
the castles fell beneath the axe of the demolishers,
and the masses of the district welcomed enthusiastically
the downfall of those old reminiscences of feudal
oppression.
As a sequel to the systematic humiliation
of the great lords, even when provincial governors,
and to the gradual enfeeblement of provincial institutions,
Richelieu had to create in all parts of France, still
so diverse in organization as well as in manners,
representatives of the kingly power, of too modest
and feeble a type to do without him, but capable of
applying his measures and making his wishes respected.
Before now the kings of France had several times
over perceived the necessity of keeping up a supervision
over the conduct of their officers in the provinces.
The inquisitors (enquesteurs) of St. Louis,
the ridings of the revising-masters (chevauehees
des maitres des requêtes), the departmental commissioners
(commissaires departis) of Charles IX., were
so many temporary and travelling inspectors, whose
duty it was to inform the king of the state of affairs
throughout the kingdom. Richelieu substituted
for these shifting commissions a fixed and regular
institution, and in 1637 he established in all the
provinces overseers of justice, police, and finance,
who were chosen for the most part from amongst the
burgesses, and who before long concentrated in their
hands the whole administration, and maintained the
struggle of the kingly power against the governors,
the sovereign courts, and the states-provincial.
At the time when the overseers of
provinces were instituted, the battle of pure monarchy
was gained; Richelieu had no further need of allies,
he wanted mere subjects; but at the beginning of his
ministry he had felt the need of throwing himself
sometimes for support on the nation, and this great
foe of the states-general had twice convoked the Assembly
of Notables. The first took place at Fontainebleau,
in 1625-6. The cardinal was at that time at
loggerheads with the court of Rome: “If
the Most Christian King,” said he, “is
bound to watch over the interests of the Catholic
church, he has first of all to maintain his own reputation
in the world. What use would it be for a state
to have power, riches, and popular government, if
it had not character enough to bring other people
to form alliance with it?” These few words summed
up the great minister’s foreign policy, to protect
the Catholic church whilst keeping up Protestant alliances.
The Notables understood the wisdom of this conduct,
and Richelieu received their adhesion. It was
just the same the following year, the day after the
conspiracy of Chalais; the cardinal convoked the Assembly
of Notables. “We do protest before the
living God,” said the letters of convocation,
“that we have no other aim and intention but
His honor and the welfare of our subjects; that is
why we do conjure in His name those whom we convoke,
and do most expressly command them, without fear or
desire of displeasing or pleasing any, to give us,
in all frankness and sincerity, the counsels they shall
judge on their consciences to be the most salutary
and convenient for the welfare of the commonwealth.”
The assembly so solemnly convoked opened its sittings
at the palace of the Tuileries on the 2d of December,
1626. The state of the finances was what chiefly
occupied those present; and the cardinal himself pointed
out the general principles of the reform he calculated
upon establishing. “It is impossible,”
he said, “to meddle with the expenses necessary
for the preservation of the state; it were a crime
to think of such a thing. The retrenchment, therefore,
must be in the case of useless expenses. The
most stringent rules are and appear to be, even to
the most ill-regulated minds, comparatively mild, when
they have, in deed as well as in appearance, no object
but the public good and the safety of the state.
To restore the state to its pristine splendor, we
need not many ordinances, but a great deal of practical
performance.”
The performance appertained to Richelieu,
and he readily dispensed with many ordinances.
The Assembly was favorable to his measures; but amongst
those that it rejected was the proposal to substitute
loss of offices and confiscation for the penalty of
death in matters of rebellion and conspiracy.
“Better a moderate but certain penalty,”
said the cardinal, “than a punishment too severe
to be always inflicted.” It was the notables
who preserved in the hands of the inflexible minister
the terrible weapon of which he availed himself so
often. The Assembly separated on the 24th of
February, 1627, the last that was convoked before
the revolution of 1789. It was in answer to its
demands, as well as to those of the states of 1614,
that the keeper of the seals, Michael Marillac, drew
up, in 1629, the important administrative ordinance
which has preserved from its author’s name the
title of Code Michau.
The cardinal had propounded to the
Notables a question which he had greatly at heart the
foundation of a navy. Already, when disposing,
some weeks previously, of the government of Brittany,
which had been taken away from the Duke of Vendome,
he had separated from the office that of admiral of
Brittany; already he was in a position to purchase
from M. de Montmorency his office of grand admiral
of France, so as to suppress it and substitute for
it that of grand master of navigation, which was personally
conferred upon Richelieu by an edict enregistered on
the 18th of March, 1627 .
“Of the power which it has seemed
agreeable to his Majesty that I should hold,”
he wrote on the 20th of January, 1627, “I can
say with truth, that it is so moderate that it could
not be more so to be an appreciable service, seeing
that I have desired no wage or salary so as not to
be a charge to the state, and I can add without vanity
that the proposal to take no wage came from me, and
that his Majesty made a difficulty about letting it
be so.”
The Notables had thanked the king,
for the intention he had “of being pleased to
give the kingdom the treasures of the sea which nature
had so liberally proffered it, for without [keeping]
the sea one cannot profit by the sea nor maintain
war.” Harbors repaired and fortified, arsenals
established at various points on the coast, organization
of marine regiments, foundation of pilot-schools,
in fact, the creation of a powerful marine which,
in 1642, numbered sixty-three vessels and twenty-two
galleys, that left the roads of Barcelona after the
rejoicings for the capture of Perpignan and arrived
the same evening at Toulon such were the
fruits of Richelieu’s administration of naval
affairs. “Instead,” said the bailiff
of Forbin, “of having a handful of rebels forcing
us, as of late, to compose our naval forces of foreigners
and implore succor from Spain, England, Malta, and
Holland, we are at present in a condition to do as
much for them if they continue in alliance with us,
or to beat them when they fall off from us.”
So much progress on every point, so
many efforts in all directions, eighty-five vessels
afloat, a hundred regiments of infantry, and three
hundred troops of cavalry, almost constantly on a war
footing, naturally entailed enormous expenses and
terrible burdens on the people. It was Richelieu’s
great fault to be more concerned about his object than
scrupulous as to the means he employed for arriving
at it. His principles were as harsh as his conduct.
“Reason does not admit of exempting the people
from all burdens,” said he, “because in
such case, on losing the mark of their subjection,
they would also lose remembrance of their condition,
and, if they were free from tribute, would think that
they were from obedience also.” Cruel words
those, and singularly destitute of regard for Christian
charity and human dignity, beside which, however,
must be placed these: “If the subsidies
imposed on the people were not to be kept within moderate
bounds, even when they were needed for the service
of the country, they would not cease to be unjust.”
The strong common sense of this great mind did not
allow him to depart for long from a certain hard equity.
Posterity has preserved the memory of his equity
less than of his hardness: men want sympathy more
than justice.