Book contents
- Frontmatter
- Contents
- List of Illustrations
- Acknowledgments
- Chapter 1 Rex and Lex: The Problem of Legislative Sovereignty
- Chapter 2 Howling with the Wolves: The Normans and Their Courts
- Chapter 3 Officers and Gentlemen: The Local Judiciary
- Chapter 4 Law and Lawyers in the “Empire of Custom”
- Chapter 5 The Red Robe and the Black: Common Courts and the State
- Chapter 6 Villagers and Townspeople: Civil Litigants
- Chapter 7 Uncivil Acts: Crime and Punishment
- Chapter 8 Unruly Governors: Functions and Dysfunctions of the Common Courts
- Appendix A Courts of the Généraliteéof Rouen
- Appendix B Jurisdictions of the Ordinary Courts
- Appendix C Criminal Trial Procedure
- Notes
- Glossary of Legal Terms
- Bibliography
- Index
Chapter 8 - Unruly Governors: Functions and Dysfunctions of the Common Courts
Published online by Cambridge University Press: 12 September 2012
- Frontmatter
- Contents
- List of Illustrations
- Acknowledgments
- Chapter 1 Rex and Lex: The Problem of Legislative Sovereignty
- Chapter 2 Howling with the Wolves: The Normans and Their Courts
- Chapter 3 Officers and Gentlemen: The Local Judiciary
- Chapter 4 Law and Lawyers in the “Empire of Custom”
- Chapter 5 The Red Robe and the Black: Common Courts and the State
- Chapter 6 Villagers and Townspeople: Civil Litigants
- Chapter 7 Uncivil Acts: Crime and Punishment
- Chapter 8 Unruly Governors: Functions and Dysfunctions of the Common Courts
- Appendix A Courts of the Généraliteéof Rouen
- Appendix B Jurisdictions of the Ordinary Courts
- Appendix C Criminal Trial Procedure
- Notes
- Glossary of Legal Terms
- Bibliography
- Index
Summary
The reemergence of bailiwicks as units of provincial governance, and of the common courts as their hub, was in some respects an elegant solution to problems of royal order in the ancien régime. A class of legally educated, propertied men stationed in the ordinary courts was a logical successor to the authority of the high nobility and aristocracy. Indeed, the French legal class had become so indispensable to local government that it largely crossed the watershed of the Revolution unscathed, becoming a key part of the country notability of the late eighteenth and nineteenth centuries. From the crown's perspective, the local legal elites had perhaps done a better job than anyone might have dared hope in protecting property, social order, and the family structure that underpinned the state. They thereby preserved the tax base of the French crown, not to mention the security of the privileged classes and the governing elites.
But the magistrates' position in the countryside and towns was so distinct from that of magistrates in the sovereign courts, and from other central royal administrators, that we need to see them from a new perspective. To understand their roles, we have to look in unexpected places: not in the urban centers of France but in the countryside of England, where the gentry had inherited much the same sort of power and for much the same reason.
- Type
- Chapter
- Information
- The King's BenchBailiwick Magistrates and Local Governance in Normandy, 1670–1740, pp. 213 - 228Publisher: Boydell & BrewerPrint publication year: 2008