RS 27

michel de l’hôpital & christophe de thou mission was not fully elaborated until the following century, for example by Richelieu who actively resorted to the use of intendants in lieu of irrevocable officials, but already in the sixteenth century, L’Hôpital envisioned a new administrative framework which would substitute for officiers. One of the first statesmen who warned about the growing recalcitrance of the officeholders vis-à-vis the crown, he believed that judicial irremovability was not only detrimental to the good administration of the state but incompatible with royal authority.91 The conflict between the king and the Parlement of Paris over judicial tenure pointed to a fundamental difference in their views. The emerging concept of royal monopoly in the authority to govern came to restrict the right of judges to their offices. Since all royal officials merely exercised a part of the prerogative which remained unrestrained, argued the apologists for absolutism, they could be revoked at any time by the crown.92 As the source of the Parlements’ power, Chancellor L’Hôpital argued, the king should be able to withdraw their power of jurisdiction. L’Hôpital’s opinion of judicial tenure was something that could not be shared by de Thou. It is difficult to prove empirically the extent to which the differences in the social backgrounds of L’Hôpital and de Thou had prompted their respective approaches to venality. One can speculate, however, the fact that Chancellor L’Hôpital was not from the powerful robe family network added certain dynamic to the situation. The growing independence of the law courts as a result of the patrimonialization of offices was worrisome.93 Detached from the ambiguous position of the judges over venality and heredity of offices, L’Hôpital was able to launch comprehensive attacks against their corporative values. Independent of the vested interests in the “parenté” in the Parlement –alliance networks between the families developed to consolidate their respective positions 91 Kubler, Jacques 1958 p. 288-94. Jean Bodin confirmed that the chancellor wanted to abolish the system of lifetime tenure among royal officials. Bodin, Jean 1577 liv. 4, ch. 4 p. 682. See Kim, Seong-Hak 1997 p. 140-141. 92 Church, William Farr 1969 p. 53, 136. 93 Remonstrance de monsieur le Chancelier, faite en l’assemblée tenue à Moulins, au mois de Janvier 1566, in L’Hospital, Michel de 2013 p. 84. 154

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