Estates General (France) - Revival in 1560-1614

Revival in 1560-1614

The Estates-General was revived in the second half of the 16th century because of scarcity of money and the quarrels and Wars of Religion. The estates of Orléans in 1560, followed by those of Pontoise in 1561, and those of Blois in 1576 and 1588 were most remarkable for the wisdom, courage and efforts of the deputies, but on the whole were lacking in effect. Those of 1588 ended with a regular coup d'etat effected by Henry III, and the States summoned by the League, which sat in Paris in 1593 and whose chief object was to elect a Catholic king, were not a success. The States-General again met in Paris in 1614, on the occasion of the disturbances that followed the death of Henry IV; however, though their minutes bear witness to their sentiments of exalted patriotism, dissensions between the three orders rendered them weak. They dissolved before completing their work and were not summoned again until 1789.

As to the question whether the Estates-General formed one or three chambers for the purposes of their working, from the constitutional point of view the point was never decided. What the king required was to have the consent, the resolution of the three estates of the realm; it was in reality of little importance to him whether their resolutions expressed themselves in common or separately. At the Estates-General of 1484 the elections were made in common for the three orders, and the deputies also arrived at their resolutions in common. But after 1560 the rule was that each order deliberate separately; the royal declaration of 23 June 1789 (at the outbreak of the French Revolution) even stated that they formed three distinct chambers. But Necker's report to the conseil du roi according to which the convocation of 1789 was decided, said (as did the declaration of 23 June), that on matters of common interest the deputies of the three orders could deliberate together, if each of the others decided by a separate vote in favour of this, and if the king consented.

The working of the Estates-General led to an almost exclusive system of deliberation by committees. There were, it is true, solemn general sessions, called séances royales, because the king presided; but at these there was no discussion. At the first, the king or his chancellor announced the object of the convocation, and set forth the demands or questions put to them by the Crown; at the other royal sessions each order made known its answers or observations by the mouth of an orateur elected for the purpose. But almost all useful work was done in the sections, among which the deputies of each order were divided. At the estates of 1484 they were divided into six nations or sections, corresponding to the six généralités then existing. Subsequently the deputies belonging to the same gouvernement formed a group or bureau for deliberating and voting purposes. Certain questions, however, were discussed and decided in full assembly; sometimes, too, the estates nominated commissaries in equal numbers for each order. But in the ancient Estates-General there was never any personal vote. The unit represented for each of the three orders was the bailliage or sénéchaussé and each bailliage had one vote, the majority of the deputies of the bailliage deciding in what way this vote should be given.

At the estates of the 16th century voting was by gouvernements, each gouvernement having one vote, but the majority of the bailliages composing the gouvernement decided how it should be given.

The Estates-General, when they gave counsel, had in theory only a consultative faculty. They had the power of granting subsidies, which was the chief and ordinary cause of their convocation. But it had come to be a consent with which the king could dispense, as permanent taxation became established. In the 16th century, however, the estates again claimed that their consent was necessary for the establishment of new taxation, and, on the whole, the facts seemed to be in favour of this view at the time. However, in the course of the 17th century the principle gained recognition that the king could tax on his own sole authority. Thus were established in the second half of the 17th century, and in the 18th, the direct taxes of the capitation and of the dixième or vingtième, and many indirect taxes. It was sufficient for the law creating them to be registered by the cours des aides and the parlements. It was only in 1787 that the parlement of Paris declared that it could not register the new taxes, the land-tax and stamp duty (subvention territoriale and impôt du timbre), as they did not know whether they would be submitted to by the country, and that the consent of the representatives of the tax-payers must be asked.

The Estates-General had legally no share in the legislative power, which belonged to the king alone. The Estates of Blois demanded in 1576, that the king be bound to turn into law any proposition voted in identical terms by each of the three orders; but Henry III would not grant this demand, which would not even have left him a right of veto. In practice; however, the Estates-General contributed largely to legislation. Those who sat in them had at all times the right of presenting complaints (doléances), requests and petitions to the king; in this, indeed, consisted their sole initiative. They were usually answered by an ordonnance, and it is chiefly through these that we are acquainted with the activity of the estates of the 14th and 15th centuries.

In the latest form, and from the estates of 1484 onwards, this was done by a new and special procedure. The Estates had become an entirely elective assembly, and at the elections (at each step of the election if there were several) the electors drew up a cahier de doléances (statement of grievances), which they requested the deputies to present. This even appeared to be the most important feature of an election. The deputies of each order in every bailliage also brought with them a cahier des doléances, arrived at, for the third estate, by a combination of statements drawn up by the primary or secondary electors. On the assembly of the estates the cahiers of the bailliages were incorporated into a cahier for each gouvernement, and these again into a cahier general or general statement, which was presented to the king, and which he answered in his council. When the three orders deliberated in common, as in 1484, there was only one cahier général; when they deliberated separately, there were three, one for each order. The drawing up of the cahier general was looked upon as the main business (le grand cause) of the session.

By this means the Estates-General furnished the material for numerous ordonnances, though the king did not always adopt the propositions contained in the cahiers, and often modified them in forming them into an ordonnance. These latter were the ordonnances de reforme (reforming ordinances), treating of the most varied subjects, according to the demands of the cahiers. They were not, however, for the most part very well observed. The last of the type was the grande ordonnance of 1629 (Code Michau), drawn up in accordance with the cahiers of 1614 and with the observations of various assemblies of notables that followed them.

The peculiar power of the Estates-General was recognised, but was of a kind that could not often be exercised. It was, essentially, a constituent power. The ancient public law of France contained a number of rules called "the fundamental laws of the realm" (lois fondamentales du royaume), though most of them were purely customary. Chief among these were rules that determined the succession to the Crown and rules forbidding alienation of the domain of the Crown. The king, supreme though his power might be, could not abrogate, modify or infringe them. But it was admitted that he might do so by the consent of the Estates-General. The Estates could give the king a dispensation from a fundamental law in a given instance; they could even, in agreement with the king, make new fundamental laws. The Estates of Blois of 1576 and 1588 offer entirely convincing precedents in this respect. It was universally recognised that in the event of the line of Hugh Capet becoming extinct, it would be the function of the States-General to elect a new king.

The Estates-General of 1614 proved the last for over a century and a half. A new convocation had indeed been announced to take place on the majority of Louis XIV, and letters were even issued in view of the elections, but this ended in nothing. Absolute monarchy progressively became definitely established, and appeared incompatible with the institution of the Estates-General. Liberal minds, however, in the entourage of Louis, duc de Bourgogne, who were preparing a new plan of government in view of his expected accession to the French throne in succession to Louis XIV, thought of reviving the institution. It figures in the projects of Saint-Simon and Fénelon though the latter would have preferred to begin with an assembly of non-elected notables. But though St Simon stood high in the favour of the regent Orléans, the death of Louis XIV did not see a summoning of the Estates.