michel de l’hôpital & christophe de thou Judges’ assertion of constitutional liberty was not entirely disinterested or detached from their desire to defend their privileges. Their lofty pronouncements of defending fundamental law were not met with universal approval. The legal establishment was the object of almost as much popular indignation as the Roman church.120 There was prevalent sentiment that the independence of judge as regards the law opened the door to arbitrariness and partiality. Adverse reaction to the judges’ allegedly sanctimonious pretension to the monopoly of public virtue led to the popular adage: “God save us from the equity of the Parlements.”121 Judges’ position was complicated by the shifting judicial culture and ensuing dilemmas. The venality and heredity of offices had far-reaching effect in politics. Apart from the threat from the king to curtail the system and their power, the officeholders had reason to feel uneasy about the backlash from the lower echelons of society. Judgeship at the sovereign courts was coveted by the aspiring middle class.122 The important privileges included exemption from certain taxes and access to judicial fees. Demand was strong, pushing up the price of the offices. Those in the legal profession who could not pay the price now found themselves deprived of chances of promotion into the magistracy. The distance between bar and bench widened. Previously many presidents of the parlements and chancellors were selected fromavocats, who saw themselves as the near social equals of magistrates. In terms of training and social profile, avocats did not differ much from magistrates. As prices of offices sored, however, their prospect of becoming a judge dim120 Kelley, Donald R. 1993 p. 160. 121 “Dieu nous garde de l’équité des Parlements.” This phrase is found inLocutions Latins et Adages du Droit Français Contemporain, ed. Henri Roland and Laurent Boyer, 1978, I, 211, cited from Kelley, Donald R. 1993 p. 160. The parlements continued to exercise their power to judge in equity, despite apparent abuses, throughout the ancien régime. Boyer, G. 1960 p. 258. 122 Loyseau, Charles 1678 vol 3 ch 10 p. 223. 160 The Dilemma of the Judges
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