marie seong-hak kim In the sixteenth century, just as in the twenty-first century, profound social and cultural issues dictated the contemporary perception of the judicial role. Throughout early modern Europe, the judicial profession became more exclusive and increasingly conscious of its status. The elevation of judges to the nobility and their zealous efforts to defend their heightened status influenced judicial behavior. Faced with the prospect of their public image as godly magistrates marred by the sale of offices, the judges solemnly reasserted their roles as guardians of justice and social order. The political and social crisis during the civil war prompted them to renew their commitment to judicial probity, impartial law, and disinterested justice, all the while distancing themselves from the social contenders. During the religious wars, the adage of one king, one law, and one religion became a veritable article of faith for France. Both the crown and judges had much to lose from civil war. Judges were ensnared in traditional struggle for power and influence, but their professional sense of due process insulated them from fanaticism and led them to reinforce royal authority. Eventually, schism between elite parlementaires and popular attitudes swerved the judges toward the ambit of Henry IV. Mob rule was the last the judges wanted. Political and religious divisions precipitated the renewal of juridical conscience. For the crown, it presaged the rule of law. With few exceptions, the king would not overrule his own judges. HenryIV, who brought the war to an end in 1598 with the support of royal officials, officially authorized in 1604 the hereditary transmission of offices.146 Judgeship could be passed from father to son without the danger of forfeiture. This completed the making of the noblesse de robe. The private family interest guided by social imperatives, on the one hand, and the public interest that the law court came to identify itself with, on the other hand, together prompted a significant redefinition and redirection of the profession of law. In the seventeenth century, 146 By paying an annual due, known as paulette, to the king, the judges were now exempt from the rule of “quarante jours.” Under this rule, no resignation in favor of another was valid unless the resigning party survived forty days after the completion of the transaction. Mousnier, Roland 1968 p. 44-46. 167
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