Conseil du Roi
The Conseil du Roi (French pronunciation: [kɔ̃sɛj dy ʁwa]; 'King's Council'), also known as the Royal Council, is a general term for the administrative and governmental apparatus around the King of France during the Ancien Régime designed to prepare his decisions and to advise him. It should not be confused with the role and title of a "Conseil du Roi", a type of public prosecutor in the French legal system at the same period.
One of the established principles of the French monarchy was that the king could not act without the advice of his council. Under Charles V, it was put forward that the king made decisions only after "good and careful deliberation" (French: bonne et mûre délibération), and this principle was maintained by his successors; the closing formula of royal acts "le roi en son conseil" expressed this deliberative aspect. Even during the period of French absolutism, the expression "car tel est notre bon plaisir" ("as such is our pleasure") applied to royal decisions made with consultation.
The administration of the French state in the early modern period went through a long evolution, as a truly administrative apparatus – relying on old nobility, newer chancellor nobility ("noblesse de robe") and administrative professionals – replaced the feudal clientele system. The exact divisions and names of these councils varied over time.
Overview[edit]
Role[edit]
The kings of France traditionally always sought the advice of their entourage (vassals, clerics, etc.) before making important decisions (in the early Middle Ages, this entourage was sometimes called the familia), but only in the 12th century did this deliberation take the form of a specific institution called the King's Court (Latin: the "Curia Regis").
The council had only a consultational role: the final decision was always the king's. Although jurists frequently praised (especially in the 16th century) the advantages of consultative government (with the agreement of his counsellors, the king could more easily impose the most severe of his decisions, or he could have his most unpopular decisions blamed on his counsellors), mainstream legal opinion never held that the king was bound by the decisions of his council. The opposite was however put forward by the States General of 1355–1358, and by the Huguenots and by the Catholic League in the second half of the 16th century.
The council's purview concerned all matters pertaining to government and royal administration, both in times of war and of peace. In his council, the king received ambassadors, signed treaties, appointed administrators and gave them instructions (called, from the 12th century on, mandements), elaborated on the laws of the realm (called ordonnances). The council also served as a supreme court and rendered royal justice on those matters that the king reserved for himself (so-called "justice retenue") or decided to discuss personally.
Council meetings, initially irregular, took on a regular schedule which became daily from the middle of the 15th century.
In addition to the King's Council, the consultative governing of the country also depended on other intermittent and permanent institutions, such as the States General, the Parlements (local appellate courts) and the Provincial Estates. The Parliament of Paris – as indeed all of the sovereign courts of the realm – was itself born out of the King's Council: originally a consultative body of the Curia Regis, later (in the thirteenth century) endowed with judicial functions, the Parliament was separated from the King's Council in 1254.
Composition of the King's Council[edit]
The composition of the King's Council changed constantly over the centuries and according to the needs and desires of the king.
Medieval councils generally included:
Medieval councils frequently excluded:
The feudal aristocracy would maintain great control over the king's council up until the 14th and 15th centuries. The most important positions in the court were those of the Great Officers of the Crown of France, headed by the connétable (chief military officer of the realm; position eliminated in 1627) and the chancellor. Certain kings were unable to reduce their importance (Louis X, Philip VI, John II, Charles VI), while others were more successful (Charles V, Louis XI, Francis I). In the 16th century, those "grands" with administrative or governmental competencies (religious dignitaries, presidents of provincial courts, etc.) were called to the council by a special certificate (or "brevet") and were termed "conseillers à brevet".
Over the centuries, the number of jurists (or "légistes"), generally educated by the université de Paris, steadily increased as the technical aspects of the matters studied in the council mandated specialized counsellers. Coming from the lesser nobility or the bourgeoisie, these jurists (whose positions sometimes gave them or their heirs nobility, as the so-called "noblesse de robe" or chancellor nobles) helped in preparing and putting into legal form the king's decisions. They formed the early elements of a true civil service and royal administration which would – because of their permanence – provide a sense of stability and continuity to the royal council, despite its many reorganizations. These counsellors, called conseillers d'État from the reign of Henry III on, were aided in their tasks by the maître des requêtes.
In their attempts at greater efficiency, the kings tried to reduce the number of counsellors or to convoke "reduced councils". Charles V had a council of 12 members. Under Charles VIII and Louis XII the king's council was dominated by members of twenty or so noble or rich families. Under Francis I the total number of councillors increased to roughly 70 individuals (the old nobility was proportionally more important than in the previous century).
The most important matters of state were discussed in a smaller council of 6 or fewer members (3 members in 1535, 4 in 1554), while the larger council was consulted for judicial or financial affairs. Francis I was sometimes criticized for relying too heavily on a small number of advisors, while Henry II, Catherine de' Medici and their sons found themselves frequently unable to negotiate between the opposing Guise and Montmorency families in their council. In periods of crisis, the number of members of the Council tended to increase: 100 councillors under Charles IX, during the worst moments of the Wars of Religion.
From 1661 to the French Revolution, royal administration was divided between the various sections of the King's Council (roughly 130 people) and a small group of ministers and secretaries of state. The royal governmental councils (see below) were the most important and were presided by the king personally. Despite popular opinion, the king did in fact listen to his counsellors and often adopted the opinion of the majority: according to Saint-Simon (whose distrust of Louis XIV makes this statement all the more believable), Louis XIV only went against the advice of his council six times.
Under Henry IV and Louis XIII the administrative apparatus of the court and its councils was expanded and the proportion of the "noblesse de robe" increased, culminating in the following positions during the 17th century:
Royal administration in the provinces had been the role of the bailliages and sénéchaussées in the Middle Ages, but this declined in the early modern period, and by the end of the 18th century, the bailliages served only a judicial function. The main source of royal administrative power in the provinces in the 16th and early 17th centuries fell to the gouverneurs (who represented "the presence of the king in his province"), positions which had long been held by only the highest ranked families in the realm.
With the civil wars of the early modern period, the king increasing turned to more tractable and subservient emissaries, and this was the reason for the growth of the provincial intendants under Louis XIII and Louis XIV. Indendants were chosen from among the maître des requêtes. Intendants attached to a province had jurisdiction over finances, justice and policing.