MANAGING THE PARLEMENT: 1733–43 AND BEYOND
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supporting Maurepas by creating problems. All this was reported to the Cardinal. In
the event, the Jansenists made an error by having their curés complain, by means of
a consultation from their barristers, about the royal letters patent in favour of the Bull,
on the grounds that the King had been ‘surprised’. When the curés’ petition was
published with a consultation signed by ten Jansenist barristers, it was so obvious to all
that the aim was simply to provoke a scandal, in a manner rather unbecoming
supposedly prudent and moderate curés, that there was hope that the other
magistrates would not follow the Jansenists’ lead. The other judges were by now not
prepared to be too obviously manipulated by the parti.
Soon after, the abbé Pucelle denounced a case of the refusal of sacraments in
Chablis, producing a procès verbal, and on 16 January the gens du roi conferred with the
First President. They had to decide if there was a case to answer, and if so what
grounds the courts would use for intervention. In this exchange we can see the
dilemma for magistrates about whether to act purely according to the law, or act in
recognition of the fact that legal politics was the art of the possible. Gilbert de Voisins
spoke of schism making its way in France, but felt that a direct complaint on the
grounds of ‘public scandal’ was too precipitate a course; but he thought that an
alternative of simply making representations to the King would not satisfy the zeal of
those who had brought up the issue. He therefore wanted to encourage the relatives of
the deceased Jansenist to petition the Bishop’s court, to which the parlement could
reply by condemning the ecclesiastical judges. Joly de Fleury, the procureur general,
warned that the affair did not lie within the competence of the parlement, and
observed that the best way to favour schism was to support this request. Next came
Joly de Fleury’s son, now one of the three avocats généraux, who was non-committal.
Last in seniority, young Plainmont spoke like a real hothead: ‘Time was short and
they should act with the greatest urgency’; according to him it was a case of ‘public
scandal’, and the magistrates would be dishonoured if they did nothing, their arrêt
would surely be followed by an annulment by the royal council, against which they
would remonstrate, and the King would have to give in because he could not be seen
to favour schism! He concluded: ‘There is nothing for it but to act, and act as soon as
possible’. Joly de Fleury was furious, said he was too young to decide whether it was
a ‘public scandal’; Le Peletier agreed with Gilbert de Voisins, and said they must
confer with the abbé Pucelle. Nothing more was heard about it.
An issue which began in January 1738 and which also prefigured a later bone
of contention between the ministry and the parlement, was the remodelling of the
Grand Conseil. This court dated from the late fifteenth century and had jurisdiction
over the whole of France, mainly for whatever cases the King might wish, but also
cases of ecclesiastical benefices. There being no one quite suitable to become
president of the Grand Conseil, it was decided to alter its composition and functions
to make it a useful rival to the parlement itself. A royal edict suppressed the offices
of First President and the eight other presidencies, and they were replaced by a
councillor of state and eight masters of requests. Such a composition of its upper
echelons would make the court a pliable instrument of royal policy.
41
As
Daguesseau de Plainmont recounted, ‘the cardinal was furious with the