Absolutism in France in the 15th–18th centuries. Absolute monarchy in France

22. Absolute monarchy in France.

Absolute monarchy in France (Absolutism)(XVI-XVIII centuries)

France is a classic example of absolutism.

By the end of the 15th century. political unification was completed, France became a single centralized state (thus, a unitary form of government was gradually established).

Social order

Beginning of the 16th century characterized by rapid development of industry, various technical improvements, a new loom, etc. appear. Small-scale production is being replaced by larger ones based on wage labor - manufactories. They have a division of labor and use the labor of hired workers. The process of initial capitalist accumulation occurs, capital is formed, first of all, by merchants (especially those who conducted overseas trade), by the owners of factories, by large artisans, and craftsmen. This urban elite formed the bourgeois class, and as wealth grew, its importance in feudal society increased. So, in the field of industry there is a development of the capitalist mode of production. But the bulk of the population was employed in agriculture, and in it there were feudal-serf relations, feudal fetters, i.e. There is a feudal structure in the village.

The social structure is changing. There are still three classes. As before, the first estate is the clergy, the second is the nobility. At the same time, the nobility dates back to the 15th century. is stratified into the nobility of the "sword" (the old hereditary nobility that has access to all officer positions) and the nobility of the "robes" (people who bought a noble title and a court position for a high sum). The nobility of the “sword” treats the nobility of the “robes” who occupy judicial and similar positions quite disdainfully, as upstarts. Among the nobility of the “sword,” the court aristocracy, the king’s favorites, especially stands out. People who hold office under the king (sinecura). On the basis of the third estate, the bourgeois class is split, with the big bourgeoisie (financial bourgeoisie, bankers) being singled out. This part merges with the court nobility; it is the king’s support. The second part is the middle bourgeoisie (industrial bourgeoisie, the most significant, growing part of the bourgeoisie, which is more opposed to the king). The third part of the bourgeoisie is the petty bourgeoisie (artisans, small traders; this part is even more opposed to the king than the average).

Peasants everywhere bought off personal dependence, and the majority of peasants (we saw this in the previous period) are now censitaries, i.e. Those who are personally free, obligated to pay cash rent to the lord, are in land dependence, they are subject to the main tax, the main levies in favor of the state, and in favor of the church, and in favor of the lord fell.

And at the same time, the proletariat (pre-proletariat) is born - the workers of factories. Close to them in position are journeymen, apprentices who work for their masters.

At a certain stage, when feudal relations develop in the depths of the feudal system, a kind of balance of power is established between two exploiting classes, neither of which can outweigh. The bourgeoisie is economically strong but lacks political power. She is burdened by the feudal order, but has not yet matured before the revolution. The nobility clings tenaciously to its rights and privileges, despises the rich bourgeoisie, but can no longer do without them and without their money. Under these conditions, taking advantage of this balance, using the contradictions between these two classes, state power achieves significant independence, the rise of royal power occurs as an apparent mediator between these classes, and the form of government becomes an absolute monarchy.

Political system.

It is characterized by the following features:

1. An unprecedented increase in the power of the king, the fullness of all power. And legislative, and executive, and financial, and military... Individual acts of the king become law (the principle that was in effect in the Roman state).

2. The States General are convened less and less often, and finally, from 1614 they are not convened at all until the beginning of the French bourgeois revolution (Great French Revolution) in 1789.

3. Reliance on the bureaucratic apparatus, the formation of a bureaucratic branched apparatus. The number of officials is growing sharply.

4. The unitary form is approved government structure.

5. The basis of the king’s power, in addition to the bureaucracy, is a standing army and an extensive network of police.

6. The seigneurial court was destroyed. Both in the center and locally it has been replaced<королевскими судьями>.

7. The church is subordinate to the state and becomes a reliable support of state power.

The establishment of an absolute monarchy began under King Francis I (1515-1547) and was completed thanks to the activities of Cardinal Richelieu (1624-1642). Francis already refused to convene the States General. Francis I subjugated the church. In 1516, a concordat (literally “cordial agreement”) was concluded between him and Pope Leo X in the city of Bolonia, according to which appointment to the highest church positions belongs to the king, and the pope carries out ordination.

Under the successors of Francis I, the Huguenot wars broke out (Protestants fought with Catholics for a long time). Finally, Henry IV of the Huguenots decided to convert to Catholicism, saying: “Paris is worth a mass.” The final establishment of absolutism in France is associated with the activities of Cardinal Richelieu. He was the first minister under King Louis XIII. The cardinal said: “My first goal is the greatness of the king, my second goal is the greatness of the kingdom.” Richelieu set the goal of creating a centralized state with unlimited royal power. He carries out a series of reforms:

1. Carried out public administration reform

A) secretaries of state began to play a larger role in the central apparatus. They constituted the "small royal council". They consisted of the king's officials. This small council had a real impact in management. There was a large council of “princes of the blood.” He starts playing more and more decorative role, i.e. The big council loses its real significance, the nobility is removed from management.

B) locally: officials “intendants” - officials, controllers over governors - were sent to the provinces from the center. They obeyed the small council and played an important role in overcoming localism, local separatism of governors, in centralization, in strengthening the central government.

2. Richelieu launched an attack on the Parisian Parliament, which (in addition to its judicial function) had the right to register royal edicts and, in connection with this, had the right to protest, to remonstrate, i.e. the right to declare one's disagreement with the royal law. Parliament was forced to submit to the will of Richelieu and practically did not exercise its right to remonstration.

3. Richelieu, while encouraging the development of industry and trade, at the same time brutally dealt with those cities that were still trying to show their independence and increase their self-government.

4. An important part of Richelieu’s policy was to strengthen the army and navy, while he paid great attention to intelligence and counterintelligence activities. An extensive police apparatus was created.

5. In the field of financial policy, Richelieu, on the one hand, said that it is impossible to increase taxes particularly excessively, that the situation of the people must be taken into account, i.e. on the one hand, he opposed excessive tax increases. At the same time, in practice, taxes under him increased 4 times, and he himself writes in the same book: “The peasant, like a pier, deteriorates without work, and therefore it is necessary to collect appropriate taxes from him.”

The heyday of absolutism in France falls during the reign of Louis XIV (1643-1715), he is called the “Sun King”, he said: “The kingdom is me.” The power of the king is not limited in any way, it relies on the bureaucracy, on the police, while officials and police officers, among other things, receive unlimited powers, and police supervision is established. “Orders in sealed envelopes” are becoming widespread, i.e. the official receives a form with an arrest order; it is enough to enter any surname, any name, for the person to disappear without a trace. That is, the arbitrariness of the highest degree of bureaucracy, police and bureaucracy. This is all characteristic of an absolutist state.

Introduction

In the XIV-XV centuries. European kings, increasingly concentrating power over their countries in their hands, had to rely on certain classes to achieve their goals. However, in the 16th-17th centuries, the power of monarchs became centralized, almost uncontrolled and independent of any representative bodies. IN Western Europe arises new type government structure - absolute monarchy. In the 17th century it will experience the time of its greatest prosperity, but already in the 18th century it will enter an era of crisis.

Absolute monarchy (from the Latin absolutus - unconditional) is a type of monarchical form of government in which the entirety of state (legislative, executive, judicial), and sometimes spiritual (religious) power is legally and actually in the hands of the monarch.

It is believed that the French kings were the most consistent in building an absolute monarchy, and French philosophers made the greatest contribution to the theory of absolutism. Therefore, the French version of absolutism is considered the most typical, classic.

The emergence of absolutism as a new form of monarchy in France was caused by profound changes that occurred in the class and legal structure of the country. These changes were caused primarily by the emergence of capitalist relations. A serious obstacle to the emergence of an absolute monarchy was the archaic class system, which conflicted with the needs of capitalist development. By the 16th century, the French monarchy had lost its previous representative institutions, but retained its class-based nature.

The purpose of this work is to get acquainted with the absolute monarchy in France and to identify changes in the legal status of the estates in the 16th - 18th centuries.

The task is to identify the prerequisites for the formation, formation and development of absolutism in France.

This course work is presented on 26 pages and consists of an introduction, four sections, a conclusion and a list of sources used.

The first section reflects changes in the legal status of estates in the 16th - 18th centuries. The second section, “The Emergence and Development of the Absolute Monarchy in France,” reveals the reasons for the formation and development of absolutism and includes three subsections. The third section of this work shows the development of the financial system and economic policy during the period of absolutism and contains two subsections. The fourth section reflects changes in the judicial system, army and police and includes two subsections.

.Changes in the legal status of estates in the XVI-XVIII centuries.

The emergence of absolutism as a new form of monarchy in France was caused by profound changes that occurred in the class and legal structure of the country. These changes were caused primarily by the emergence of capitalist relations. The development of capitalism proceeded faster in industry and trade; in agriculture, feudal ownership of land became an ever greater obstacle for it. The archaic class system, which conflicted with the needs of capitalist development, became a serious obstacle to social progress. By the 16th century, the French monarchy had lost its previously existing representative institutions, but retained its class nature.

As before, the first estate in the state was the clergy, numbering about 130 thousand people (out of 15 million of the country's population) and holding 1/5 of all lands in their hands. The clergy, while fully maintaining their traditional hierarchy, was distinguished by great heterogeneity. Conflicts intensified between the top of the church and the parish priests. The clergy showed unity only in their zealous desire to maintain class and feudal privileges (collection of tithes, etc.).

The connection between the clergy and the royal power and nobility became closer. According to the concordat concluded in 1516 by Francis I and the Pope, the king received the right of appointment to church positions. All the highest church positions, associated with great wealth and honors, were granted to the noble nobility. Many younger sons of nobles sought to receive one or another clergy. In turn, representatives of the clergy occupied important and sometimes key positions in government (Richelieu, Mazarin, etc.). Thus, between the first and second estates, which previously had deep contradictions, stronger political and personal bonds developed.

The dominant place in the social and state life of French society was occupied by the class of nobles, numbering approximately 400 thousand people. Only nobles could own feudal estates, and therefore in their hands was most of(3/5) land in the state. In general, secular feudal lords (together with the king and members of his family) held 4/5 of the lands in France. The nobility finally became a purely personal status, acquired mainly by birth. It was necessary to prove one's noble origin up to the third or fourth generation. In the 12th century, due to the increasing frequency of forgeries of noble documents, a special administration was established that controlled noble origin.

Despite the differences in birth and positions, the nobles had a number of important privileges: the right to a title, to wear certain clothes and weapons, including at the king’s court, etc. The nobles were exempt from paying taxes and from all personal duties. They had the preferential right of appointment to court, state and church positions. Some court positions, which gave the right to receive high salaries and were not burdened with any official duties, were reserved for the noble nobility. The nobles had a preferential right to study at universities and at the royal military school. At the same time, during the period of absolutism, the nobles lost some of their old and numerous feudal privileges: the right to independent government, the right to a duel.

The overwhelming majority of the population in France in the sixteenth and seventeenth centuries. constituted the third estate, which became increasingly heterogeneous. Social and property differentiation has intensified. At the very bottom of the third estate were peasants, artisans, laborers, and the unemployed. At its upper levels stood the individuals from whom the bourgeois class was formed: financiers, merchants, guild foremen, notaries, lawyers.

Despite the growth of the urban population and its increasing weight in public life France, a significant part of the third estate was the peasantry. In connection with the development of capitalist relations, changes have occurred in its legal status. With the penetration of commodity-money relations into the countryside, wealthy farmers, capitalist tenants, and agricultural workers emerge from the peasantry. However, the overwhelming majority of peasants were censitaries, i.e. holders of seigneurial land with the ensuing traditional feudal duties and obligations. By this time, the censitaries were almost completely freed from corvee labor, but the nobility constantly sought to increase the qualifications and other land taxes. Additional burdens for the peasants were banalities, as well as the right of the lord to hunt on peasant land.

The system of direct and indirect taxes was difficult and ruinous for the peasantry. Royal collectors collected them, often resorting to direct violence. Often the royal power farmed out the collection of taxes to bankers and moneylenders.

The emergence and development of absolute monarchy in France

The inevitable result of the formation of the capitalist system and the beginning of the decomposition of feudalism was the emergence of absolutism. The transition to absolutism, although it was accompanied by a further strengthening of the king’s autocracy, was of interest to the broadest strata of French society in the 16th and 17th centuries. Absolutism was necessary for the nobility and clergy, because for them, due to growing economic difficulties and political pressure from the third estate, strengthening and centralization state power became the only opportunity to preserve their extensive class privileges for some time.

The growing bourgeoisie was also interested in absolutism, which could not yet lay claim to political power, but needed royal protection from the feudal freemen, which again stirred up in the 16th century in connection with the Reformation and religious wars. The establishment of peace, justice and public order was the cherished dream of the bulk of the French peasantry, who pinned their hopes for a better future on a strong and merciful royal power.

When internal and external opposition to the king (including from the church) was overcome, and a single spiritual and national identity united the broad masses of the French around the throne, the royal power was able to significantly strengthen its position in society and the state. Having received broad public support and relying on increased state power, royal power acquired, in the conditions of the transition to absolutism, great political weight and even relative independence in relation to the society that gave birth to it.

The formation of absolutism in the 16th century. was progressive in nature, since royal power contributed to the completion of the territorial unification of France, the formation of a single French nation, the more rapid development of industry and trade, and the rationalization of the administrative management system. However, with the increasing decline of the feudal system in the XVII-XVIII centuries. an absolute monarchy, including due to the self-development of its power structures themselves, rising more and more above society, breaks away from it, and enters into insoluble contradictions with it. Thus, in the policy of absolutism, reactionary and authoritarian features inevitably appear and acquire primary importance, including open disregard for the dignity and rights of the individual, and for the interests and welfare of the French nation as a whole. Although the royal power, using the policies of mercantilism and protectionism for its own selfish purposes, inevitably spurred capitalist development, absolutism never set as its goal the protection of the interests of the bourgeoisie. On the contrary, he used the full power of the feudal state in order to save the feudal system, doomed by history, along with the class and estate privileges of the nobility and clergy.

The historical doom of absolutism became especially obvious in the middle of the 18th century, when a deep crisis of the feudal system led to the decline and disintegration of all links of the feudal state. Judicial and administrative arbitrariness has reached its extreme limit. The royal court itself, which was called the grave of the nation .

2 Strengthening royal power

Supreme political power under an absolute monarchy passes entirely to the king and is not shared with any government bodies. To do this, the kings needed to overcome the political opposition of the feudal oligarchy and the Catholic Church, eliminate class-representative institutions, create a centralized bureaucratic apparatus, a standing army, and police.

Already in the 16th century, the Estates General practically ceased to function. In 1614 they convened for the last time, were soon dissolved and did not meet again until 1789. Some time to consider drafts of important reforms and decisions financial issues the king collected notables (feudal nobility). In the 16th century (according to the Bologna Concordat of 1516 and the Edict of Nantes of 1598), the king completely subjugated Catholic Church in France.

As a kind of political opposition to royal power in the 16th-17th centuries. The Parisian Parliament spoke, which by this time had become a stronghold of the feudal nobility and repeatedly used its right of remonstration and rejected royal acts. A Royal Ordinance in 1667 established that restoration could only be declared within certain period after the king issues an order, and repeated reconstruction is not allowed. In 1668, King Louis XIV, appearing at the Paris Parliament, personally removed from its archives all the protocols relating to the Fronde period, i.e. to the anti-absolutist protests of the mid-17th century. In 1673, he also decided that parliament did not have the right to refuse registration of royal acts, and remonstration could only be declared separately. In practice, this deprived Parliament of its most important prerogative - to protest and reject royal legislation.

The general idea of the king's power and the nature of his specific powers also changed. In 1614, at the proposal of the Estates General, the French monarchy was declared divine, and the power of the king began to be considered sacred. A new official title for the king was introduced: “king by the grace of God.” The ideas about the sovereignty and unlimited power of the king are finally established. Increasingly, the state begins to be identified with the personality of the king, which found its extreme expression in the statement attributed to Louis XIV: “The state is me!”

The idea that absolutism was based on divine right did not mean the perception of the idea of the personal power of the king, much less identifying it with despotism. Royal prerogatives did not go beyond the legal order, and it was believed that “the king works for the State.”

In general, French absolutism was based on the concept of an inextricable connection between the king and the state, the absorption of the former by the latter. It was believed that the king himself, his property, his family belonged to the French state and nation. Legally, the king was recognized as the source of any power that was not subject to any control. This, in particular, led to the consolidation of the king’s complete freedom in the field of legislation. Under absolutism, legislative power belongs to him alone according to the principle: “one king, one law.” The king had the right of appointment to any state and church office, although this right could be delegated to lower officials. He was the final authority in all matters government controlled. The king made the most important foreign policy decisions, determined the economic policy of the state, established taxes, and acted as the highest manager of public funds. Judicial power was exercised on his behalf.

3 Creation of a centralized management apparatus

Under absolutism, the central organs grew and became more complex. However, the feudal methods of governance themselves prevented the creation of a stable and clear state administration. Often the royal power created new government bodies at its own discretion, but then they aroused its displeasure and were reorganized or abolished.

In the sixteenth century. the positions of secretaries of state appear, one of whom, especially in cases where the king was a minor, actually performed the functions of the first minister. Formally, there was no such position, but Richelieu, for example, combined 32 government posts and titles in one person. But under Henry IV, Louis XIV, and also under Louis XV (after 1743), the king himself led the government of the state, removing from his entourage persons who could have great political influence on him.

Old government positions are eliminated (for example, constable in 1627) or lose all significance and turn into mere sinecures. Only the chancellor retains his former weight, who becomes the second person in public administration after the king.

The need for a specialized central administration led at the end of the 16th century. to the increasing role of secretaries of state, who are entrusted with certain areas of government (foreign affairs, military affairs, maritime affairs and colonies, internal affairs). Under Louis XIV, secretaries of state, who initially (especially under Richelieu) played a purely auxiliary role, became closer to the king and acted as his personal officials.

The expansion of the range of functions of state secretaries leads to rapid growth of the central apparatus and its bureaucratization. In the 18th century the position of deputy secretaries of state is introduced, with them significant bureaus are created, which in turn are divided into sections with strict specialization and hierarchy of officials.

A major role in the central administration was played first by the Superintendent of Finance (under Louis XIV he was replaced by the Council of Finance), and then by the Comptroller General of Finance. This post acquired enormous importance starting with Colbert (1665), who not only drew up the state budget and directly supervised the entire economic policy of France, but practically controlled the activities of the administration and organized work on the drafting of royal laws. Under the Comptroller General of Finance, over time there also arose big apparatus, consisting of 29 different services and numerous bureaus.

The system of royal councils, which performed advisory functions, was also subjected to repeated restructuring. Louis XIV created in 1661 Big tip a, which included the dukes and other peers of France, ministers, secretaries of state, the chancellor, who presided over it in the absence of the king, as well as specially appointed state councilors (mainly from the nobles of the robe). This council considered the most important state issues (relations with the church, etc.), discussed draft laws, in some cases adopted administrative acts and decided the most important court cases. To discuss foreign policy affairs, a narrower Upper Council was convened, to which secretaries of state for foreign and military affairs and several state advisers were usually invited. The Council of Dispatches discussed issues of internal management and made decisions related to the activities of the administration. The Finance Council developed financial policies and sought new sources of funds for the state treasury.

At the beginning of the sixteenth century. Governors were the body that carried out the policies of the center locally. They were appointed and removed by the king, but over time these positions ended up in the hands of noble noble families. By the end of the sixteenth century. the actions of governors in a number of cases became independent of central government, which contradicted the general direction of royal policy. Therefore, the rabbits are gradually reducing their powers to the sphere of purely military control.

To strengthen their positions in the provinces, starting from 1535, kings sent commissioners there with various temporary assignments, but soon the latter became permanent officials inspecting the court, city administration, and finances. In the second half of the 16th century. they are given the title of intendants. They no longer acted simply as controllers, but as real administrators. Their power began to acquire an authoritarian character. The Estates General in 1614, and then assemblies of notables protested against the actions of the intendants. In the first half of the seventeenth century. the powers of the latter were somewhat limited, and during the period of the Fronde, the post of intendant was generally abolished.

In 1653, the intendant system was again restored, and they began to be appointed to special financial districts. The intendants had direct connections with the central government, primarily with the Comptroller General of Finance. The functions of the quartermasters were extremely broad and were not limited financial activities. They exercised control over factories, banks, roads, shipping, etc., collected various statistical information related to industry and agriculture. They were entrusted with the responsibility of maintaining public order, monitoring the poor and vagabonds, and fighting heresy. The quartermasters monitored the recruitment of recruits into the army, the quartering of troops, providing them with food, etc. Finally, they could intervene in any judicial process, conduct investigations on behalf of the king, and preside over the courts of the bailage or seneschalship.

Centralization also affected city government. Municipal councilors (eshwens) and mayors were no longer elected, but were appointed by the royal administration (usually for an appropriate fee). There was no permanent royal administration in the villages, and lower administrative and judicial functions were assigned to peasant communities and community councils. However, in the conditions of the omnipotence of intendants, rural self-government already at the end of the 17th century. is falling into disrepair.

3. Financial system and economic policy during the period of absolutism

1 Public finance

absolute monarchy france financial

Financial system of France XVII - XVIII centuries. was based primarily on direct taxes on the population. Dimensions tax collections were never defined with any precision, and their collection gave rise to enormous abuses. Periodically, tax collection was transferred to farming, which was then canceled due to violent protests and arrears, and then just as regularly revived.

The main state tax was the historical tag (real and personal). It was paid exclusively by persons of the third estate, although among them there were those exempt from the tax: those who served in the navy, students, civil officials, etc. In different districts the tax was determined and collected differently: in some, the main object of taxation was land, in others - collected from “smoke” (a special conventional unit); in the province they counted 6 thousand conventional “smoke”.

The general tax was the capitation (originally introduced by Louis XIV from 1695). It was paid by persons of all classes, even members of the royal family. It was believed that this was a special tax for the maintenance of a standing army. Capitation was one of the first historical types of income tax. To calculate it, all payers were divided into 22 classes depending on their income: from 1 livre to 9 thousand (in the 22nd class there was one heir to the throne). Special income taxes were also universal: 10th share and 20th share (1710). Moreover, the concept of “twenty” was conditional. Thus, in the context of a growing financial crisis in 1756, the so-called the second twenty, in 1760 the third (together turned into 1/7).

In addition to direct taxes, there were also indirect taxes on sold goods and food products. The most burdensome among the latter was the tax on salt - gabelle (it varied by province, and its amounts varied incredibly). Customs revenues played an important role - from internal, mainly customs, from foreign trade. In practical terms, taxes also had the effect of forced royal loans from the clergy and cities.

The total tax burden was colossal, reaching 55-60% of the income of persons of the third estate, somewhat less for the privileged. The distribution of taxes was indiscriminate and depended mainly on the local financial administration, mainly on the intendants.

Despite the increased revenues, the state budget ran a huge deficit, which was caused not only by large expenditures on a standing army and a swollen bureaucracy. Huge funds were spent on the maintenance of the king himself and his family, on holding royal hunts, magnificent receptions, balls and other entertainment.

2 Economic policy of absolutism

The peasant uprisings of the 90s of the 16th century reminded the government that the exploitation of the peasantry had a limit. The noble government needed money, just as the nobility itself needed it. Absolutism maintained the army and the apparatus of state power, supported the nobility, provided subsidies to large manufacturers through taxes and loans, and the peasantry - the main taxpayer - was ruined.

Henry IV understood that the peasantry must recover somewhat in order to become solvent again. Despite the desire attributed to him by legend to see “chicken soup in a peasant’s pot every Sunday,” the most he could do to alleviate the situation of the peasantry was to slightly reduce government spending. This made it possible to reduce the direct tax on peasants, freeing them from paying the accumulated taxes over time. civil wars arrears and prohibit the sale of farmers' livestock and tools for debts. However, at the same time, indirect taxes were significantly increased (mainly on salt and wine), which fell heavily on the rural and urban working masses.

Contributed to streamlining public finance the fact that the Minister of Finance Sully reduced the willfulness of tax farmers and “financiers”, forcing them to accept conditions that were unfavorable for them when paying off previous debts and when registering new farm-outs. Easing the burden of direct taxes, Sully, being an outspoken apologist for the old way of life of the nobility, cared not so much about the peasants as about the nobles and the treasury, wanting to put agriculture in conditions under which it could provide the nobles and the state with a large income.

Henry IV's economic policy was aimed primarily at supporting industry and trade. In accordance with the wishes of the bourgeoisie and the recommendations of some economists who came from the bourgeoisie, for example Laffem, the government of Henry IV pursued a protectionist policy and patronized the development of industry. Large state-owned manufactories were created and the establishment of private ones was encouraged (silk and velvet fabrics, tapestries, gilded leather for wallpaper, morocco, glass, earthenware and other products). On the advice of agronomist Olivier de Serres, the government promoted and encouraged sericulture, gave manufacturers privileges for establishing enterprises and helped them with subsidies.

Under Henry IV, a significant number of privileged manufactories appeared for the first time, receiving the title of royal, many of which were very large at that time. For example, the linen manufactory in Saint-Sever, near Rouen, had 350 machines, and the gold yarn manufactory in Paris had 200 workers. The government gave the first of them a loan of 150 thousand livres, the second - 430 thousand livres.

The government organized road and bridge work and canal construction; establishing overseas companies, encouraged trade and colonial activities of French entrepreneurs in America, concluded trade agreements with other powers, increased tariffs on imported products, fought for Better conditions export of French products. In 1599, the import of foreign fabrics and the export of raw materials - silk and wool - was prohibited (though not for long), “in order to universally favor the profitable pursuits of our subjects in various types of industries.”

4. Courts. Army and police

1 Judicial system

The organization of justice in an absolute monarchy was somewhat separate from the administration as a whole; such independence of the courts became a feature of France (which, however, did not at all affect the legal quality of this justice). The division of courts into criminal and civil courts was maintained; What united them, these two systems, was only the existence of parliaments with universal jurisdiction.

IN civil justice The main role was played by local courts: seigneurial, city and royal (in cities there were even private courts for neighborhoods, special objects, etc. - for example, in Paris in the 18th century there were up to 20 jurisdictions). Royal courts existed in the form of historical institutions and officials: lords, seneschals, governors; then special lieutenants for civil and criminal cases (separately) appeared. From 1551 the brunt of civil justice shifted to tribunals, up to 60 per country. In them, minor matters were finally decided (up to 250 livres) and more significant ones were dealt with in the first instance (since 1774 - over 2 thousand livres).

In criminal justice, a more or less subordinate system of institutions has developed: district courts (seneschalships) consisting of 34 judges - appeal commissions of three judges - parliaments. Above parliaments stood only the court of cassation - Privy Council(since 1738) with 30 members.

In addition to general justice - both criminal and civil, there was special and privileged justice. Special courts were formed historically according to the type of cases being tried: salt, fiscal, control chambers, forestry, coinage, military courts of the admiral or constable. Privileged courts considered any cases concerning a circle of persons of special status or class affiliation: university, religious, palace.

Historical parliaments nominally retained a central place in the judicial system. With the dissolution in the second half of the 17th century. In many provincial states, as if to compensate for class rights, the number of parliaments increased to 14. The largest judicial district was subject to the competence of the Paris Parliament; its jurisdiction included 1/3 of the country with 1/2 of the population, which at the same time played the role of a national model. In the 18th century The Paris Parliament became more complex and included 10 departments (civil, criminal chamber, 5 investigative, 2 appeal, Grand Chamber). Other parliaments had a similar, but less extensive structure. The Paris Parliament consisted of 210 judge-councillors. In addition, there were advisers-lawyers, as well as the posts of prosecutor general and advocate general (with 12 assistants). The parliamentary court was considered a delegated royal court, therefore the king always retained the right of the so-called. retained jurisdiction (the right at any time to take any case for its own consideration in the Council). Since the reign of Richelieu, the previously significant parliamentary right to make remonstrations (submissions to royal decrees about their contradiction with other laws) has been reduced. According to the edict of 1641, parliament could make representations only on those cases that were sent to it, and was obliged to register all decrees relating to the government and public administration. The king had the right to dismiss parliamentary advisers by forcibly purchasing positions from them. By the Edict of 1673, the controlling powers of Parliament were further reduced. The general lack of regulation of jurisdiction led to the middle of the 18th century. to major disputes between parliaments and spiritual justice, between parliaments and chambers of accounts. In reality, the role of parliaments as a once existing legal counterweight to royal power has come to almost nothing.

4.2 Army and police

During the period of absolutism, the creation of a centrally built standing army, which was one of the largest in Europe, as well as a regular royal fleet, was completed.

Under Louis XIV, an important military reform was carried out, the essence of which was the refusal to hire foreigners and the transition to recruiting recruits from the local population (sailors from the coastal provinces). Soldiers were recruited from the lower strata of the third estate, often from declassed elements, from “superfluous people,” the rapid growth of whose numbers in connection with the process of primitive accumulation of capital created an explosive situation. Since the conditions of soldier service were extremely difficult, recruiters often resorted to deception and tricks. Cane discipline flourished in the army. Soldiers were brought up in the spirit of unconditionally following the orders of officers, which made it possible to use military units to suppress peasant uprisings and movements of the urban poor.

The highest command posts in the army were assigned exclusively to representatives of the titled nobility. When filling officer posts, sharp contradictions often arose between the hereditary and service nobility. In 1781, the family nobility secured its exclusive right to occupy officer positions. This procedure for recruiting officers had a negative impact on the combat training of the army and was the reason for the incompetence of a significant part of the command staff.

Under absolutism, a branched police force is created: in the provinces, in cities, on major roads, etc. In 1667, the post of Lieutenant General of Police was created, who was charged with maintaining order throughout the kingdom. At his disposal were specialized police units, mounted police guards, and judicial police who carried out the preliminary investigation.

Particular attention was paid to strengthening the police service in Paris. The capital was divided into quarters, in each of which there were special police groups headed by commissioners and police sergeants. The functions of the police, along with maintaining order and searching for criminals, included monitoring morals, in particular monitoring religious manifestations, supervising fairs, theaters, cabarets, taverns, brothels, etc. The lieutenant general, along with the general police (security police), also headed the political police with an extensive system of secret investigation. Unofficial control was established over opponents of the king and the Catholic Church, over all persons showing free-thinking.

Conclusion

To summarize, we can say that the socio-economic changes that took place in France in the 16th-17th centuries, and the associated intensification of the class struggle, forced the ruling class to look for a new form of state, more suitable to the conditions of that time. This became the absolute monarchy, which somewhat later took on its most complete form in France.

At the beginning of the 16th century, the church also became completely dependent on the king: all appointments to church positions came from the king.

Thus, in the policy of absolutism, reactionary and authoritarian features inevitably appear and acquire primary importance, including open disregard for the dignity and rights of the individual, and for the interests and welfare of the French nation as a whole. Although the royal power, implementing such a policy, inevitably spurred capitalist development, absolutism never set as its goal the protection of the interests of the bourgeoisie. On the contrary, he used the full power of the feudal state in order to save the feudal system, doomed by history, along with the class and estate privileges of the nobility and clergy.

The historical doom of absolutism became especially obvious in the middle of the 18th century, when a deep crisis<#"justify">List of sources used

Grafsky V.G. General history of law and state. - M.. 2000.

Korsunsky A.R. "The formation of an early feudal state in Western Europe." -M.: 1999.

Lyublinskaya A.D. French absolutism in the first third of the 17th century. - M, 2005.

Rakhmatullina E.G. "Absolutism in France". - St. Petersburg: 2000.

The emergence of absolutism as a new form of monarchy in France was caused by profound changes that occurred in the class and legal structure of the country. These changes were caused primarily by the emergence of capitalist relations. A serious obstacle to the emergence of an absolute monarchy was the archaic class system, which conflicted with the needs of capitalist development. By the 16th century The French monarchy lost its previously existing representative institutions, but retained its class nature.

Position of the estates

As before, during the formation of the absolute monarchy in France the first estate in the state was the clergy, which, while fully maintaining its traditional hierarchy, was distinguished by great heterogeneity. Conflicts intensified between the top of the church and the parish priests. The clergy showed unity only in their zealous desire to maintain class and feudal privileges (collection of tithes, etc.). The connection between the clergy and the royal power and nobility became closer. All high church positions associated with great wealth and honors were granted by the king to the noble nobility. In turn, representatives of the clergy occupied important and sometimes key positions in government (Richelieu, Mazarin, etc.). Thus, between the first and second estates, which previously had deep contradictions, stronger political and personal bonds developed.

The dominant place in the social and state life of French society was occupied by class of nobles. Only nobles could own feudal estates, and therefore most (3/5) of the land in the state was in their hands. In general, secular feudal lords (together with the king and members of his family) held 4/5 of the lands in France. The nobility finally became a purely personal status, acquired mainly by birth.

The overwhelming majority of the population in France in the 16th-17th centuries. amounted to third estate, which became increasingly heterogeneous. Social and property differentiation has intensified. At the very bottom of the third estate were peasants, artisans, laborers, and the unemployed. At its upper levels stood the individuals from whom the bourgeois class was formed: financiers, merchants, guild foremen, notaries, lawyers.
Despite the growth of the urban population and its increasing weight in the social life of France, a significant part of the third estate was the peasantry. In connection with the development of capitalist relations, changes have occurred in its legal status. With the penetration of commodity-money relations into the countryside, wealthy farmers, capitalist tenants, and agricultural workers emerge from the peasantry. However, the overwhelming majority of peasants were censitaries, i.e. holders of seigneurial land with the ensuing traditional feudal duties and obligations. By this time, the censitaries were almost completely freed from corvee labor, but the nobility constantly sought to increase the qualifications and other land taxes. Additional burdens for the peasants were banalities, as well as the lord's hunting on peasant land.
The system of numerous direct and indirect taxes was extremely difficult and ruinous for the peasantry. Royal collectors collected them, often resorting to direct violence. Often the royal power farmed out the collection of taxes to bankers and moneylenders. Tax farmers showed such zeal in collecting legal and illegal fees that many peasants were forced to sell their buildings and equipment and go to the city, joining the ranks of workers, the unemployed and the poor.

The emergence and development of absolutism

The inevitable result of the formation of the capitalist system and the beginning of the decomposition of feudalism was the emergence of absolutism. Absolutism in France was necessary for the nobility and clergy, because for them, due to growing economic difficulties and political pressure from the third estate, the strengthening and centralization of state power became the only opportunity to preserve their extensive class privileges for some time.

Having received broad public support and relying on increased state power, royal power acquired, in the conditions of the transition to absolutism, great political weight and even relative independence in relation to the society that gave birth to it.

Strengthening royal power

Supreme political power under an absolute monarchy passes entirely to the king and is not shared with any government bodies. Already in the 16th century. The Estates General practically cease to function. In 1614 they convened for the last time, were soon dissolved and did not meet again until 1789. For some time, the king gathered notables (feudal nobility) to consider projects of important reforms and resolve financial issues. In the 16th century the king completely subjugated the Catholic Church in France.

As a kind of political opposition to royal power in the 16th-17th centuries. The Parisian Parliament spoke, which by this time had become a stronghold of the feudal nobility and repeatedly used its right of remonstration and rejected royal acts. In 1673, the king deprived parliament of the right to refuse registration of royal acts, and remonstration could only be declared separately.

The general idea of the king's power and the nature of his specific powers also changed. In 1614, at the proposal of the Estates General, the French monarchy was declared divine, and the power of the king began to be considered sacred. The ideas about the unlimited power of the king are finally established. Increasingly, the state is beginning to be identified with the king, which found its extreme expression in the statement attributed to Louis XIV: “The state is me!”
In general, French absolutism was based on the concept of an inextricable connection between the king and the state, the absorption of the former by the latter. It was believed that the king himself, his property, his family belonged to the French state and nation. Legally, the king was recognized as the source of any power that was not subject to any control. This, in particular, led to the consolidation of the king’s complete freedom in the field of legislation. Under absolutism, legislative power belongs to him alone according to the principle: “one king, one law.” The king had the right of appointment to any state and church office, although this right could be delegated to lower officials. He was the final authority in all matters of public administration. The king made the most important foreign policy decisions, determined the economic policy of the state, established taxes, and acted as the highest manager of public funds. Judicial power was exercised on his behalf.

Creation of a centralized management apparatus

Under absolutism, the central organs grew and became more complex. However, the feudal methods of governance themselves prevented the creation of a stable and clear state administration.
In the 16th century positions appear secretaries of state, one of whom, especially in cases where the king was a minor, actually performed the functions of the first minister.
Old government positions are eliminated (for example, constable in 1627) or lose all significance and turn into mere sinecures. Only retains its former weight chancellor, who becomes the second person in government after the king.
The need for a specialized central administration led at the end of the 16th century. to the increasing role of secretaries of state, who are entrusted with certain areas of government (foreign affairs, military affairs, maritime affairs and colonies, internal affairs). Under Louis XIV, secretaries of state, who initially (especially under Richelieu) played a purely auxiliary role, became closer to the king and acted as his personal officials. The expansion of the range of functions of state secretaries leads to the rapid growth of the central apparatus, to its. In the 18th century the position of deputy secretaries of state is introduced, with them significant bureaus are created, which in turn are divided into sections with strict specialization and hierarchy of officials.

At first he played a major role in central administration superintendent of finance(under Louis XIV it was replaced by the Council of Finances), and then Comptroller General of Finance. This post acquired enormous importance starting with Colbert (1665), who not only compiled the state budget and directly supervised the entire economic policy of France, but practically controlled the activities of the administration and organized work on the drafting of royal laws. Under the Comptroller General of Finance, over time, a large apparatus also emerged, consisting of 29 different services and numerous bureaus.

The system of royal councils, which performed advisory functions, was also subjected to repeated restructuring. Louis XIV created in 1661 Big tip, which included the dukes and other peers of France, ministers, secretaries of state, the chancellor, who presided over it in the absence of the king, as well as specially appointed state councilors (mainly from the nobles of the robe). This council considered the most important state issues (relations with the church, etc.), discussed draft laws, in some cases adopted administrative acts and decided the most important court cases. To discuss foreign policy affairs, a narrower composition was convened Upper Council, where secretaries of state for foreign and military affairs and several state advisers were usually invited. The Council of Dispatches discussed issues of internal management and made decisions related to the activities of the administration. The Finance Council developed financial policies and sought new sources of funds for the state treasury.

Local management was particularly complex and intricate. Some positions (for example, baili) were preserved from the previous era, but their role was steadily declining. Numerous specialized local services have appeared: judicial management, financial management, road supervision, etc. The territorial boundaries of these services and their functions were not precisely defined, which gave rise to numerous complaints and disputes. Peculiarities local administration often stemmed from the preservation in some parts of the kingdom of the old feudal structure (the boundaries of the former seigneuries) and church land ownership. Therefore, the policy of centralization pursued by the royal power did not equally affect the entire territory of France.

At the beginning of the 16th century. as the body that carried out the policy of the center on the ground, were governors. They were appointed and removed by the king, but over time these positions ended up in the hands of noble noble families. By the end of the 16th century. the actions of governors in a number of cases became independent of central government, which contradicted the general direction of royal policy. Therefore, gradually the kings reduce their powers to the sphere of purely military control.
To strengthen their positions in the provinces, kings, starting from 1535, send commissioners there with various temporary assignments, but soon the latter become permanent officials inspecting the court, city administration, and finances. In the second half of the 16th century. they are given a title quartermasters. They no longer acted simply as controllers, but as real administrators. Their power began to acquire an authoritarian character. In the first half of the 17th century. the powers of the latter were somewhat limited, and during the period of the Fronde, the post of intendant was generally abolished. In 1653, the intendant system was again restored, and they began to be appointed to special financial districts. The intendants had direct connections with the central government, primarily with the Comptroller General of Finance. The functions of the intendants were extremely broad and were not limited to financial activities. They exercised control over factories, banks, roads, shipping, etc., and collected various statistical information related to industry and agriculture. They were entrusted with the responsibility of maintaining public order, monitoring the poor and vagabonds, and fighting heresy. The quartermasters monitored the recruitment of recruits into the army, the quartering of troops, providing them with food, etc. Finally, they could intervene in any judicial process, conduct investigations on behalf of the king, and preside over the courts of the bailage or seneschalship.

Centralization also affected city government. Municipal councilors (eshwens) and mayors were no longer elected, but were appointed by the royal administration (usually for an appropriate fee). There was no permanent royal administration in the villages, and lower administrative and judicial functions were assigned to peasant communities and community councils. However, in the conditions of the omnipotence of intendants, rural self-government already at the end of the 17th century. is falling into disrepair.

Judicial system

Despite the increasing centralization of the judicial system, it also remained archaic and complex. It included:

royal courts;
seigneurial justice (royal ordinances only regulated the procedure for its implementation);
ecclesiastical courts (whose jurisdiction was already limited mainly to intra-church matters);
specialized tribunals: commercial, banking, admiralty, etc.

The system of royal courts was extremely confusing. The lower courts in prevotships by the middle of the 18th century. were liquidated. The courts in the balyazhs remained, although their composition and competence were constantly changing. An important role, as before, was played by the Parisian Parliament and judicial parliaments in other cities. To relieve parliaments from growing complaints, the royal edict in 1552 provided for the creation of special appellate courts in a number of the largest cases in criminal and civil cases.

Army and police

During the period of absolutism, the creation of a centrally built standing army, which was one of the largest in Europe, as well as a regular royal fleet, was completed.

Under Louis XIV, an important military reform, the essence of which was the refusal to hire foreigners and the transition to recruiting recruits from the local population (sailors from the coastal provinces). Soldiers were recruited from the lower strata of the third estate, often from declassed elements, from “superfluous people,” the rapid growth of whose numbers in connection with the process of primitive accumulation of capital created an explosive situation. Since the conditions of soldier service were extremely difficult, recruiters often resorted to deception and tricks. Cane discipline flourished in the army. Soldiers were brought up in the spirit of unconditionally following the orders of officers, which made it possible to use military units to suppress peasant uprisings and movements of the urban poor.
The highest command posts in the army were assigned exclusively to representatives of the titled nobility. When filling officer posts, sharp contradictions often arose between the hereditary and service nobility. In 1781, the family nobility secured its exclusive right to occupy officer positions. This procedure for recruiting officers had a negative impact on the combat training of the army and was the reason for the incompetence of a significant part of the command staff.

With absolutism it is created extensive police force: in provinces, in cities, on major roads, etc. In 1667, the post of Lieutenant General of Police was created, who was charged with maintaining order throughout the kingdom. At his disposal were specialized police units, mounted police guards, and judicial police who carried out the preliminary investigation.
Particular attention was paid to strengthening the police service in Paris. The capital was divided into quarters, in each of which there were special police groups headed by commissioners and police sergeants. The functions of the police, along with maintaining order and searching for criminals, included monitoring morals, in particular monitoring religious manifestations, supervising fairs, theaters, cabarets, taverns, brothels, etc. The lieutenant general, along with the general police (security police), also headed the political police with an extensive system of secret investigation. Unofficial control was established over opponents of the king and the Catholic Church, over all persons showing free-thinking.

The formation of absolutism in the 16th century. was progressive in nature, since royal power contributed to the completion of the territorial unification of France, the formation of a single French nation, the more rapid development of industry and trade, and the rationalization of the administrative management system. However, with the increasing decline of the feudal system in the 17th-18th centuries. an absolute monarchy, including due to the self-development of its power structures themselves, rising more and more above society, breaks away from it, and enters into insoluble contradictions with it. Thus, in the policy of absolutism, reactionary and authoritarian features inevitably appear and acquire primary importance, including open disregard for the dignity and rights of the individual, and for the interests and welfare of the French nation as a whole. Although the royal power, using the policies of mercantilism and protectionism for its own selfish purposes, inevitably spurred capitalist development, absolutism never set as its goal the protection of the interests of the bourgeoisie. On the contrary, he used the full power of the feudal state in order to save the feudal system, doomed by history, along with the class and estate privileges of the nobility and clergy.

22. Absolute monarchy in France.

Absolute monarchy in France (Absolutism)(XVI-XVIII centuries)

France is a classic example of absolutism.

By the end of the 15th century. political unification was completed, France became a single centralized state (thus, a unitary form of government was gradually established).

Social order

And at the same time, the proletariat (pre-proletariat) is born - the workers of factories. Close to them in position are journeymen, apprentices who work for their masters.

Political system.

It is characterized by the following features:

2. The States General are convened less and less often, and finally, from 1614 they are not convened at all until the beginning of the French bourgeois revolution (Great French Revolution) in 1789.

3. Reliance on the bureaucratic apparatus, the formation of a bureaucratic branched apparatus. The number of officials is growing sharply.

4. The unitary form of government is approved.

5. The basis of the king’s power, in addition to the bureaucracy, is a standing army and an extensive network of police.

6. The seigneurial court was destroyed. Both in the center and locally it has been replaced<королевскими судьями>.

7. The church is subordinate to the state and becomes a reliable support of state power.

1. Carried out public administration reform

A) secretaries of state began to play a larger role in the central apparatus. They constituted the "small royal council". They consisted of the king's officials. This small council had a real impact in management. There was a large council of “princes of the blood.” It begins to play an increasingly decorative role, i.e. The big council loses its real significance, the nobility is removed from management.

Changes in the legal status of estates in the 16th-18th centuries. The emergence of absolutism as a new form of monarchy in France was caused by profound changes that occurred in the class and legal structure of the country. These changes were caused primarily by the emergence of capitalist relations. The development of capitalism proceeded faster in industry and trade; in agriculture, feudal ownership of land became an ever greater obstacle for it. The archaic class system, which conflicted with the needs of capitalist development, became a serious obstacle to social progress. By the 16th century The French monarchy lost its previously existing representative institutions, but retained its class nature.

The dominant place in the social and state life of French society was occupied by the class of nobles, numbering approximately 400 thousand people. Only nobles could own feudal estates, and therefore most (3/5) of the land in the state was in their hands. In general, secular feudal lords (together with the king and members of his family) held 4/5 of the lands in France. The nobility finally became a purely personal status, acquired mainly by birth. It was necessary to prove one's noble origin up to the third or fourth generation. In the 12th century. In connection with the increasing frequency of forgeries of noble documents, a special administration was established that controlled noble origin.

Nobility was also granted as a result of a grant by a special royal act. This was, as a rule, associated with the purchase of positions in the state apparatus by the rich bourgeoisie, in which the royal power, which was constantly in need of money, was interested. Such persons were usually called nobles of the robes, in contrast to nobles of the sword (hereditary nobles). The old family nobility (the court and titled nobility, the top of the provincial nobility) treated with contempt the “upstarts” who received the title of nobleman thanks to their official robes. By the middle of the 18th century. there were approximately 4 thousand nobles in robes. Their children had to perform military service, but then, after a corresponding length of service (25 years), they became nobles of the sword. Despite the differences in birth and positions, the nobles had a number of important social class privileges: the right to a title, to wear certain clothes and weapons, including at the king’s court, etc. The nobles were exempt from paying taxes and from all personal duties. They had the preferential right of appointment to court, state and church positions. Some court positions, which gave the right to receive high salaries and were not burdened with any official duties (the so-called sinecures), were reserved for the noble nobility. The nobles had a preferential right to study at universities and at the royal military school. At the same time, during the period of absolutism, the nobles lost some of their old and numerous feudal privileges: the right to independent government, the right to duel, etc.

The overwhelming majority of the population in France in the 16th-17th centuries. constituted the third estate, which became increasingly heterogeneous. Social and property differentiation intensified. At the very bottom of the third estate were peasants, artisans, laborers, and the unemployed. At its upper levels stood the individuals from whom the bourgeois class was formed: financiers, merchants, guild foremen, notaries, lawyers.

Despite the growth of the urban population and its increasing weight in the social life of France, a significant part of the third estate was the peasantry. In connection with the development of capitalist relations, changes have occurred in its legal status. Servage, formalization, and the “right of the first night” have practically disappeared. Menmort was still provided for in legal customs, but was rarely used. With the penetration of commodity-money relations into the countryside, wealthy farmers, capitalist tenants, and agricultural workers emerge from the peasantry. However, the overwhelming majority of peasants were censitaries, i.e. holders of seigneurial land with the ensuing traditional feudal duties and obligations. By this time, the censitaries were almost completely freed from corvee labor, but the nobility constantly sought to increase the qualifications and other land taxes. Additional burdens for the peasants were banalities, as well as the right of the lord to hunt on peasant land.

The system of numerous direct and indirect taxes was extremely difficult and ruinous for the peasantry. Royal collectors collected them, often resorting to direct violence. Often the royal power farmed out the collection of taxes to bankers and moneylenders. Tax farmers showed such zeal in collecting legal and illegal fees that many peasants were forced to sell their buildings and equipment and go to the city, joining the ranks of workers, the unemployed and the poor.

The emergence and development of absolutism. The inevitable result of the formation of the capitalist system and the beginning of the decomposition of feudalism was the emergence of absolutism. The transition to absolutism, although it was accompanied by a further strengthening of the king’s autocracy, was of interest to the broadest strata of French society in the 16th-17th centuries. Absolutism was necessary for the nobility and clergy, because for them, due to the growing economic difficulties and political pressure from the third estate, the strengthening and centralization of state power became the only opportunity to preserve their extensive class privileges for some time.

The growing bourgeoisie was also interested in absolutism, which could not yet lay claim to political power, but needed royal protection from the feudal freemen, which again stirred up in the 16th century in connection with the Reformation and religious wars. The establishment of peace, justice and public order was the cherished dream of the bulk of the French peasantry, linking their hopes for a better future with a strong and merciful royal power.

The formation of absolutism in the 16th century. was progressive in nature, since royal power contributed to the completion of the territorial unification of France, the formation of a single French nation, the more rapid development of industry and trade, and the rationalization of the administrative management system. However, with the increasing decline of the feudal system in the 17th-18th centuries. an absolute monarchy, including due to the self-development of its power structures themselves, rises more and more above society, breaks away from it, enters into insoluble contradictions with it. Thus, in the policy of absolutism, reactionary and authoritarian ones inevitably appear and acquire primary importance traits, including open disregard for the dignity and rights of the individual, for the interests and welfare of the French nation as a whole.Although the royal power, using the policies of mercantilism and protectionism for its own selfish purposes, inevitably spurred capitalist development, absolutism never set as its goal the protection of the interests of the bourgeoisie On the contrary, he used the full power of the feudal state in order to save the feudal system, doomed by history, along with the class and estate privileges of the nobility and clergy.

Strengthening royal power. Supreme political power under an absolute monarchy passes entirely to the king and is not shared with any government bodies. To do this, the kings needed to overcome the political opposition of the feudal oligarchy and the Catholic Church, eliminate class-representative institutions, create a centralized bureaucratic apparatus, a standing army, and police.

Already in the 16th century. The Estates General practically cease to function. In 1614 they convened for the last time, were soon dissolved and did not meet again until 1789. For some time, the king gathered notables (feudal nobility) to consider projects of important reforms and resolve financial issues. In the 16th century (according to the Concordat of Bologna in 1516 and the Edict of Nantes in 1598), the king completely subjugated the Catholic Church in France.

As a kind of political opposition to royal power in the 16th-17th centuries. The Parisian Parliament spoke, which by this time had become a stronghold of the feudal nobility and repeatedly used its right of remonstration and rejected royal acts. The Royal Ordinance of 1667 established that remonstration could only be declared within a certain period after the king issued the order, and repeated remonstration was prohibited. In 1668, King Louis XIV, appearing at the Paris Parliament, personally removed from its archives all the protocols relating to the Fronde period, i.e. to the anti-absolutist protests of the mid-17th century. In 1673, he also decided that parliament did not have the right to refuse registration of royal acts, and remonstration could only be declared separately. In practice, this deprived Parliament of its most important prerogative - to protest and reject royal legislation.

The general idea of the king's power and the nature of his specific powers also changed. In 1614, at the proposal of the “Estates General”, the French monarchy was declared divine, and the power of the king began to be considered sacred. A new official title for the king was introduced: “King by the Grace of God.” The ideas about the sovereignty and unlimited power of the king are finally established. Increasingly, the state begins to be identified with the personality of the king, which found its extreme expression in the statement attributed to Louis XIV: “The state is me!”

In general, French absolutism was based on the concept of an inextricable connection between the king and the state, the absorption of the former by the latter. It was believed that the king himself, his property, his family belonged to the French state and nation. Legally, the king was recognized as the source of any power that was not subject to any control. This, in particular, led to the consolidation of the king’s complete freedom in the field of legislation. Under absolutism, legislative power belongs to him alone according to the principle: “one king, one law.” The king had the right of appointment to any state and church office, although this right could be delegated to lower officials. He was the final authority in all matters of public administration. The king made the most important foreign policy decisions, determined the economic policy of the state, established taxes, and acted as the highest manager of public funds. Judicial power was exercised on his behalf.

Creation of a centralized management apparatus. Under absolutism, the central organs grew and became more complex. However, the feudal methods of governance themselves prevented the creation of a stable and clear state administration. Often the royal power created new state bodies at its own discretion, but then they aroused its displeasure and were reorganized or abolished.

In the 16th century the positions of secretaries of state appear, one of whom, especially in cases where the king was a minor, actually performed the functions of the first minister. Formally, there was no such position, but Richelieu, for example, combined 32 government posts and titles in one person. But under Henry IV, Louis XIV, and also under Louis XV (after 1743), the king himself led the government of the state, removing from his entourage persons who could have great political influence on him.

The expansion of the range of functions of state secretaries leads to rapid growth of the central apparatus and its bureaucratization. In the 18th century the positions of deputy secretaries of state are introduced, with them significant bureaus are created, which in turn are divided into sections with strict specialization and hierarchy of officials.

A major role in the central administration was played first by the Superintendent of Finance (under Louis XIV he was replaced by the Council of Finance), and then by the Comptroller General of Finance. This post acquired enormous importance starting from Colbert (1665), who not only compiled the state budget and directly supervised the entire economic policy of France, but practically controlled the activities of the administration and organized work on the drafting of royal laws. Under the Comptroller General of Finance, over time, a large apparatus also emerged, consisting of 29 different services and numerous bureaus.

The system of royal councils, which performed advisory functions, was also subjected to repeated restructuring. Louis XIV in 1661 created the Grand Council, which included the dukes and other peers of France, ministers, secretaries of state, the chancellor, who presided over it in the absence of the king, as well as specially appointed councilors of state (mainly from the nobles of the robe). This council considered the most important state issues (relations with the church, etc.), discussed draft laws, in some cases adopted administrative acts and decided the most important court cases. To discuss foreign policy affairs, a narrower Upper Council was convened, to which secretaries of state for foreign and military affairs and several state advisers were usually invited. The Council of Dispatches discussed issues of internal management and made decisions related to the activities of the administration. The Finance Council developed financial policies and sought new sources of funds for the state treasury.

Local administration was particularly complex and confusing. Some positions (for example, lords) were preserved from the previous era, but their role was steadily declining. Numerous specialized local services have appeared: judicial management, financial management, road supervision, etc. The territorial boundaries of these services and their functions were not precisely defined, which gave rise to numerous complaints and disputes. The peculiarities of local administration often stemmed from the preservation in some parts of the kingdom of the old feudal structure (the boundaries of the former seigneuries) and church land ownership. Therefore, the policy of centralization pursued by the royal power did not equally affect the entire territory of France.

At the beginning of the 16th century. Governors were the body that carried out the policies of the center locally. They were appointed and removed by the king, but over time these positions ended up in the hands of noble noble families. By the end of the 16th century. the actions of governors in a number of cases became independent of central government, which contradicted the general direction of royal policy. Therefore, gradually the kings reduce their powers to the sphere of purely military control.

To strengthen their positions in the provinces, starting from 1535, kings sent commissioners there with various temporary assignments, but soon the latter became permanent officials inspecting the court, city administration, and finances. In the second half of the 16th century. they are given the title of intendants. They no longer acted simply as controllers, but as real administrators. Their power began to acquire an authoritarian character. The Estates General in 1614, and then assemblies of notables protested against the actions of the intendants. In the first half of the 17th century. the powers of the latter were somewhat limited, and during the period of the Fronde, the post of intendant was generally abolished.

In 1653, the intendant system was again restored, and they began to be appointed to special financial districts. The intendants had direct connections with the central government, primarily with the Comptroller General of Finance. The functions of the intendants were extremely broad and were not limited to financial activities. They exercised control over factories, banks, roads, shipping, etc., and collected various statistical information related to industry and agriculture. They were entrusted with the responsibility of maintaining public order, monitoring the poor and vagabonds, and fighting heresy. The quartermasters monitored the recruitment of recruits into the army, the quartering of troops, providing them with food, etc. Finally, they could intervene in any judicial process, conduct investigations on behalf of the king, and preside over the courts of the bailage or seneschalship.

In feudal France, as in other countries of that time, the first law was common law. During vacations or school practice, students wrote down legal territorial customs - kutyums.

As a result, a number of collections of customary law or kutyums appeared:

THE GREAT CUTE OF NORMANDY actually became one of the most important sources of customary law.

ROMAN LAW (Received Law). Lawyers of feudal France took from Roman laws those articles that could be applied in France. These articles were finalized from the codes of laws and revised, taking into account the required time.

CANON LAW (church law). Church law at that time regulated many legal relations, not only the legal issues of clergy, but also the entire secular population. However, the kings gradually began to push the church away from solving state affairs and from resolving issues relating to the secular population. In the 16th century (1539), a royal law (ordinance) was issued which prohibited the church from considering secular matters.

CITY LAW. With the emergence of the city, urban law began to take shape. The most important documents cities were charters, i.e. decisions of higher city authorities.

ROYAL LEGISLATION is the legislative acts of kings, edicts, ordinances, etc.

Law of obligations. During the period of feudalism, ties between individual fiefs were weak. In this regard, trade relations and agreements did not receive the necessary development. In the beginning, agreements were concluded verbally. With the development of economic relations, contracts began to be concluded in writing and approved by nataries. Contracts for the purchase and sale of land, purchase and sale of property, gift agreements, and rental agreements (land lease) have become especially widespread. In the 17th-18th centuries. many feudal lords did not want to cultivate their own land, so they began to rent land for rent, and for renting land they received either taxes in kind or in cash.

Family law. Marriage and family in France were initially regulated only by canonical (church) law, but already in the 16th and 17th centuries, marriage began to be viewed not only as religious sacraments, but also as an act of civil status. Until about the 16th century, children had the right to marry without parental consent. In the 15th-17th centuries. This provision was repealed and it was established that children who married without parental consent did not have the right to inherit, i.e. such a marriage had no legal consequences. If we talk about this nuance, then in the north of FRANCE children had to completely obey their parents until they came of age, but after coming of age they were more free. STRONG PATERNAL AUTHORITY REMAINED IN THE SOUTH OF FRANCE. The south of France was part of the Roman Empire. In the Roman Empire, the father had all the rights. In the north of France at that time, primordacy was widely developed. Under primogeniture, only the eldest son received the inheritance to avoid division of the land. The eldest son had to take care of the rest of the family's children.

Criminal law. In the 11th-12th centuries, a criminal offense ceased to be a private matter, but as a violation of the royal or feudal peace, feudal law and order. The kings of France are increasingly beginning to intervene in criminal legislation.

Types of crimes of that time in France Crimes against royal power, against the church - these types of crimes were punished very strictly. In the 17th century, under Richelieu, a second level of crimes was introduced, which concerned crimes against government officials. When considering criminal cases, the class status of the criminal was taken into account. Corporal punishment was not applied to feudal lords. The death penalty by hanging was not used either.

Crime against property. Most crimes against property were punishable by confiscation of property or a fine.

Types of punishment:

Self-mutilation punishments include cutting off limbs, cutting off tongues and ears, etc.

Disgrace of punishment, branding, tying to the pillory

The death penalty is the guillotine, beheading, quartering, burning, drowning, burying alive (features of witches)

The judicial process until the 12th century was accusatory in nature and judicial duels were used. Then later the process became adversarial and the court battles were cancelled. At that time, torture was used quite widely; it often happened that they were looking for a reason to use torture. But torture is still used unofficially today. Since the 13th century in France, convicts have had the right to appeal a court decision. As before, the Paris Parliament remained the highest judicial and appellate body.