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+The Project Gutenberg EBook of Encyclopaedia Britannica, 11th Edition,
+Volume 10, Slice 8, by Various
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Encyclopaedia Britannica, 11th Edition, Volume 10, Slice 8
+       "France" to "Francis Joseph I."
+
+Author: Various
+
+Release Date: May 25, 2011 [EBook #36226]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK ENCYC. BRITANNICA, VOL 10 SL 8 ***
+
+
+
+
+Produced by Marius Masi, Don Kretz and the Online
+Distributed Proofreading Team at https://www.pgdp.net
+
+
+
+
+
+
+
+
+
+Transcriber's notes:
+
+(1) Numbers following letters (without space) like C2 were originally
+      printed in subscript. Letter subscripts are preceded by an
+      underscore, like C_n.
+
+(2) Characters following a carat (^) were printed in superscript.
+
+(3) Side-notes were relocated to function as titles of their respective
+      paragraphs.
+
+(4) Macrons and breves above letters and dots below letters were not
+      inserted.
+
+(5) The following typographical errors have been corrected:
+
+    ARTICLE France: "The importance of their commercial relations was
+      brought into relief as though it were a new fact." 'commercial'
+      amended from 'commerical'.
+
+    ARTICLE France: "The revenues of the Carolingian monarch (which are
+      no longer identical with the finances of the state) consisted
+      chiefly in the produce of the royal lands (villae), ..."
+      'identical' amended from 'indentical'.
+
+    ARTICLE France: "The most salient features of feudal succession
+      were the right of primogeniture and the preference given to
+      heirs-male ..." 'preference' amended from 'perference'.
+
+    ARTICLE France: "The law of the 15th of March 1850 established the
+      liberty of secondary education, but it conferred certain privileges
+      on the Catholic clergy, a clear sign of the spirit of social
+      conservatism which was the leading motive for its enactment." 'The'
+      amended from 'Thd'.
+
+    ARTICLE France: "... on which occasion he exercised his right of
+      dissolution against a chamber, the moderate but decidedly
+      republican majority in which he was re-elected by the country."
+      added 'he'.
+
+
+
+
+          ENCYCLOPAEDIA BRITANNICA
+
+  A DICTIONARY OF ARTS, SCIENCES, LITERATURE
+           AND GENERAL INFORMATION
+
+              ELEVENTH EDITION
+
+
+            VOLUME X, SLICE VIII
+
+         France to Francis Joseph I.
+
+
+
+
+ARTICLES IN THIS SLICE:
+
+
+  FRANCE (part)                     FRANCIS I. (king of France)
+  FRANCESCHI, JEAN BAPTISTE         FRANCIS II. (king of France)
+  FRANCESCHI, PIERO DE'             FRANCIS I. (king of Sicily)
+  FRANCESCHINI, BALDASSARE          FRANCIS II. (king of Sicily)
+  FRANCHE-COMTE                     FRANCIS IV.
+  FRANCHISE                         FRANCIS V.
+  FRANCIA                           FRANCIS OF ASSISI, ST.
+  FRANCIA, JOSE GASPAR RODRIGUEZ    FRANCIS OF MAYRONE
+  FRANCIABIGIO                      FRANCIS OF PAOLA, ST
+  FRANCIS                           FRANCIS OF SALES, ST
+  FRANCIS I. (Roman emperor)        FRANCIS, SIR PHILIP
+  FRANCIS II. (Roman emperor)       FRANCIS JOSEPH I.
+
+
+
+
+FRANCE (Continued from Volume 10 slice 7).
+
+
+EXTERIOR POLICY 1870-1909
+
+  The new epoch.
+
+The Franco-German War marks a turning-point in the history of the
+exterior policy of France as distinct as does the fall of the ancient
+monarchy or the end of the Napoleonic epoch. With the disappearance of
+the Second Empire, by its own fault, on the field of Sedan in September
+1870, followed in the early months of 1871 by the proclamation of the
+German empire at Versailles and the annexation of Alsace and Lorraine
+under the treaty of peace of Frankfort, France descended from its
+primacy among the nations of continental Europe, which it had gradually
+acquired in the half-century subsequent to Waterloo. It was the design
+of Bismarck that united Germany, which had been finally established
+under his direction by the war of 1870, should take the place hitherto
+occupied by France in Europe. The situation of France in 1871 in no wise
+resembled that after the French defeat of 1815, when the First Empire,
+issue of the Revolution, had been upset by a coalition of the European
+monarchies which brought back and supported on his restored throne the
+legitimate heir to the French crown. In 1871 the Republic was founded in
+isolation. France was without allies, and outside its frontiers the form
+of its executive government was a matter of interest only to its German
+conquerors. Bismarck desired that France should remain isolated in
+Europe and divided at home. He thought that the Republican form of
+government would best serve these ends. The revolutionary tradition of
+France would, under a Republic, keep aloof the monarchies of Europe,
+whereas, in the words of the German ambassador at Paris, Prince
+Hohenlohe, a "monarchy would strengthen France and place her in a better
+position to make alliances and would threaten our alliances." At the
+same time Bismarck counted on governmental instability under a Republic
+to bring about domestic disorganization which would so disintegrate the
+French nation as to render it unformidable as a foe and ineffective as
+an ally. The Franco-German War thus produced a situation unprecedented
+in the mutual relations of two great European powers. From that
+situation resulted all the exterior policy of France, for a whole
+generation, colonial as well as foreign.
+
+In 1875 Germany saw France in possession of a constitution which gave
+promise of durability if not of permanence. German opinion had already
+been perturbed by the facility and speed with which France had paid off
+the colossal war indemnity exacted by the conqueror, thus giving proof
+of the inexhaustible resources of the country and of its powers of
+recuperation. The successful reorganization of the French army under the
+military law of 1872 caused further alarm when there appeared to be some
+possibility of the withdrawal of Russia from the Dreikaiserbund, which
+had set the seal on Germany's triumph and France's abasement in Europe.
+It seemed, therefore, as though it might be expedient for Germany to
+make a sudden aggression upon France before that country was adequately
+prepared for war, in order to crush the nation irreparably and to remove
+it from among the great powers of Europe.
+
+The constitution of the Third Republic was voted by the National
+Assembly on the 25th of February 1875. The new constitution had to be
+completed by electoral laws and other complementary provisions, so it
+could not become effective until the following year, after the first
+elections of the newly founded Senate and Chamber of Deputies. M. Buffet
+was then charged by the president of the republic, Marshal MacMahon, to
+form a provisional ministry in which the duc Decazes, who had been
+foreign minister since 1873, was retained at the Quai d'Orsay. The
+cabinet met for the first time on the 11th of March, and ten days later
+the National Assembly adjourned for a long recess.
+
+
+  The crisis of 1875.
+
+It was during that interval that occurred the incident known as "The
+Scare of 1875." The Kulturkampf had left Prince Bismarck in a state of
+nervous irritation. In all directions he was on the look out for traces
+of Ultramontane intrigue. The clericals in France after the fall of
+Thiers had behaved with great indiscretion in their desire to see the
+temporal power of the pope revived. But when the reactionaries had
+placed MacMahon at the head of the state, their divisions and their
+political ineptitude had shown that the government of France would soon
+pass from their hands, and of this the voting of the Republican
+constitution by a monarchical assembly was the visible proof.
+Nevertheless Bismarck, influenced by the presence at Berlin of a French
+ambassador, M. de Gontaut-Biron, whom he regarded as an Ultramontane
+agent, seems to have thought otherwise. A military party at Berlin
+affected alarm at a law passed by the French Assembly on the 12th of
+March, which continued a provision increasing from three to four the
+battalions of each infantry regiment, and certain journals, supposed to
+be inspired by Bismarck, argued that as the French were preparing, it
+might be well to anticipate their designs before they were ready. Europe
+was scared by an article on the 6th of May in _The Times_, professing to
+reveal the designs of Bismarck, from its Paris correspondent, Blowitz,
+who was in relations with the French foreign minister, the duc Decazes,
+and with Prince Hohenlohe, German ambassador to France, both being
+prudent diplomatists, and, though Catholics, opposed to Ultramontane
+pretensions. Europe was astounded at the revelation and alarmed at the
+alleged imminence of war. In England the Disraeli ministry addressed the
+governments of Russia, Austria and Italy, with a view to restraining
+Germany from its aggressive designs, and Queen Victoria wrote to the
+German emperor to plead the cause of peace. It is probable that there
+was no need either for this intervention or for the panic which had
+produced it. We know now that the old emperor William was steadfastly
+opposed to a fresh war, while his son, the crown prince Frederick, who
+then seemed likely soon to succeed him for a long reign, was also
+determined that peace should be maintained. The scare had, however, a
+most important result, in sowing the seeds of the subsequent
+Franco-Russian alliance. Notwithstanding that the tsar Alexander II. was
+on terms of affectionate intimacy with his uncle, the emperor William,
+he gave a personal assurance to General Le Flo, French ambassador at St
+Petersburg, that France should have the "moral support" of Russia in the
+case of an aggression on the part of Germany. It is possible that the
+danger of war was exaggerated by the French foreign minister and his
+ambassador at Berlin, as is the opinion of certain French historians,
+who think that M. de Gontaut-Biron, as an old royalist, was only too
+glad to see the Republic under the protection, as it were, of the most
+reactionary monarchy of Europe. At the same time Bismarck's denials of
+having acted with terrorizing intent cannot be accepted. He was more
+sincere when he criticized the ostentation with which the Russian
+Chancellor, Prince Gortchakoff, had claimed for his master the character
+of the defender of France and the obstacle to German ambitions. It was
+in memory of this that, in 1878 at the congress of Berlin, Bismarck did
+his best to impair the advantages which Russia had obtained under the
+treaty of San Stefano.
+
+
+  Congress of Berlin.
+
+The events which led to that congress put into abeyance the prospect of
+a serious understanding between France and Russia. The insurrection in
+Herzegovina in July 1875 reopened the Eastern question, and in the
+Orient the interests of France and Russia had been for many years
+conflicting, as witness the controversy concerning the Holy Places,
+which was one of the causes of the Crimean War. France had from the
+reign of Louis XIV. claimed the exclusive right of protecting Roman
+Catholic interests in the East. This claim was supported not only by the
+monarchists, for the most part friendly to Russia in other respects, who
+directed the foreign policy of the Third Republic until the
+Russo-Turkish War of 1877, but by the Republicans, who were coming into
+perpetual power at the time of the congress of Berlin--the ablest of the
+anti-clericals, Gambetta, declaring in this connexion that
+"anti-clericalism was not an article of exportation." The defeat of the
+monarchists at the elections of 1877, after the "Seize Mai," and the
+departure from office of the duc Decazes, whose policy had tended to
+prepare the way for an alliance with the tsar, changed the attitude of
+French diplomacy towards Russia. M. Waddington, the first Republican
+minister for foreign affairs, was not a Russophil, while Gambetta was
+ardently anti-Russian, and he, though not a minister, was exercising
+that preponderant influence in French politics which he retained until
+1882, the last year of his life. Many Republicans considered that the
+monarchists, whom they had turned out, favoured the support of Russia
+not only as a defence against Germany, which was not likely to be
+effective so long as a friendly uncle and nephew were reigning at Berlin
+and at St Petersburg respectively, but also as a possible means of
+facilitating a monarchical restoration in France. Consequently at the
+congress of Berlin M. Waddington and the other French delegates
+maintained a very independent attitude towards Russia. They supported
+the resolutions which aimed at diminishing the advantages obtained by
+Russia in the war, they affirmed the rights of France over the Holy
+Places, and they opposed the anti-Semitic views of the Russian
+representatives. The result of the congress of Berlin seemed therefore
+to draw France and Russia farther apart, especially as Gambetta and the
+Republicans now in power were more disposed towards an understanding
+with England. The contrary, however, happened. The treaty of Berlin,
+which took the place of the treaty of San Stefano, was the ruin of
+Russian hopes. It was attributed to the support given by Bismarck to the
+anti-Russian policy of England and Austria at the congress, the German
+chancellor having previously discouraged the project of an alliance
+between Russia and Germany. The consequence was that the tsar withdrew
+from the Dreikaiserbund, and Germany, finding the support of Austria
+inadequate for its purposes, sought an understanding with Italy. Hence
+arose the Triple Alliance of 1882, which was the work of Bismarck, who
+thus became eventually the author of the Franco-Russian alliance, which
+was rather a sedative for the nervous temperament of the French than a
+remedy necessary for their protection. The twofold aim of the Triplice
+was the development of the Bismarckian policy of the continued isolation
+of France and of the maintenance of the situation in Europe acquired by
+the German empire in 1871. The most obvious alliance for Germany was
+that with Russia, but it was clear that it could be obtained only at the
+price of Russia having a free hand to satisfy its ambitions in the East.
+This not only would have irritated England against Germany, but also
+Austria, and so might have brought about a Franco-Austrian alliance, and
+a day of reckoning for Germany for the combined rancours of two nations,
+left by 1866 and 1871. It was thus that Germany allied itself first with
+Austria and then with Italy, leaving Russia eventually to unite with
+France.
+
+
+  Egyptian question.
+
+As the congress of Berlin took in review the general situation of the
+Turkish empire, it was natural that the French delegates should
+formulate the position of France in Egypt. Thus the powers of Europe
+accepted the maintenance of the _condominium_ in Egypt, financial and
+administrative, of England and France. Egypt, nominally a province of
+the Turkish empire, had been invested with a large degree of autonomy,
+guaranteed by an agreement made in 1840 and 1841 between the Porte and
+the then five great powers, though some opposition was made to France
+being a party to this compact. By degrees Austria, Prussia and Russia
+(as well as Italy when it attained the rank of a great power) had left
+the international control of Egypt to France and England by reason of
+the preponderance of the interests of those two powers on the Nile.
+
+In 1875 the interests of England in Egypt, which had hitherto been
+considered inferior to those of France, gained a superiority owing to
+the purchase by the British government of the shares of the khedive
+Ismail in the Suez Canal. Whatever rivalry there may have been between
+England and France, they had to present a united front to the
+pretensions of Ismail, whose prodigalities made him impatient of the
+control which they exercised over his finances. This led to his
+deposition and exile. The control was re-established by his successor
+Tewfik on the 4th of September 1879. The revival ensued of a so-called
+national party, which Ismail for his own purposes had encouraged in its
+movement hostile to foreign domination. In September 1881 took place the
+rising led by Arabi, by whose action an assembly of notables was
+convoked for the purpose of deposing the government authorized by the
+European powers. The fear lest the sultan should intervene gave an
+appearance of harmony to the policy of England and France, whose
+interests were too great to permit of any such interference. At the end
+of 1879 the first Freycinet cabinet had succeeded that of M. Waddington
+and had in turn been succeeded in September 1880 by the first Ferry
+cabinet. In the latter the foreign minister was M. Barthelemy
+Saint-Hilaire, an aged philosopher who had first taken part in politics
+when he helped to dethrone Charles X. in 1830. In September 1881 he
+categorically invited the British government to join France in a
+military intervention to oppose any interference which the Porte might
+attempt, and the two powers each sent a war-ship to Alexandria. On the
+14th of November Gambetta formed his _grand ministere_, in which he was
+foreign minister. Though it lasted less than eleven weeks, important
+measures were taken by it, as Arabi had become under-secretary for war
+at Cairo, and was receiving secret encouragement from the sultan. On the
+7th of January 1882, at the instance of Gambetta, a joint note was
+presented by the British and French consuls to the khedive, to the
+effect that their governments were resolved to maintain the _status
+quo_, Gambetta having designed this as a consecration of the
+Anglo-French alliance in the East. Thereupon the Porte protested, by a
+circular addressed to the powers, against this infringement of its
+suzerainty in Egypt. Meanwhile, the assembly of notables claimed the
+right of voting the taxes and administering the finances of the country,
+and Gambetta, considering this as an attempt to emancipate Egypt from
+the financial control of Europe, moved the British government to join
+with France in protesting against any interference on the part of the
+notables in the budget. But when Lord Granville accepted this proposal
+Gambetta had fallen, on the 26th of January, being succeeded by M. de
+Freycinet, who for the second time became president of the council and
+foreign minister. Gambetta fell nominally on a scheme of partial
+revision of the constitution. It included the re-establishment of
+_scrutin de liste_, a method of voting to which many Republicans were
+hostile, so this gave his enemies in his own party their opportunity. He
+thus fell the victim of republican jealousy, nearly half the Republicans
+in the chamber voting against him in the fatal division. The subsequent
+debates of 1882 show that many of Gambetta's adversaries were also
+opposed to his policy of uniting with England on the Egyptian question.
+Henceforth the interior affairs of Egypt have little to do with the
+subject we are treating; but some of the incidents in France which led
+to the English occupation of Egypt ought to be mentioned. M. de
+Freycinet was opposed to any armed intervention by France; but in the
+face of the feeling in the country in favour of maintaining the
+traditional influence of France in Egypt, his declarations of policy
+were vague. On the 23rd of February 1882 he said that he would assure
+the non-exclusive preponderance in Egypt of France and England by means
+of an understanding with Europe, and on the 11th of May that he wished
+to retain for France its peculiar position of privileged influence.
+England and France sent to Alexandria a combined squadron, which did not
+prevent a massacre of Europeans there on the 11th of June, the khedive
+being now in the hands of the military party under Arabi. On the 11th of
+July the English fleet bombarded Alexandria, the French ships in
+anticipation of that action having departed the previous day. On the
+18th of July the Chamber debated the supplementary vote for the fleet in
+the Mediterranean, M. de Freycinet declaring that France would take no
+active part in Egypt except as the mandatory of the European powers.
+This was the occasion for the last great speech of Gambetta in
+parliament. In it he earnestly urged close co-operation with England,
+which he predicted would otherwise become the mistress of Egypt, and in
+his concluding sentences he uttered the famous "_Ne rompez jamais
+l'alliance anglaise._" A further vote, proposed in consequence of
+Arabi's open rebellion, was abandoned, as M. de Freycinet announced that
+the European powers declined to give France and England a collective
+mandate to intervene in their name. In the Senate on the 25th of July M.
+Scherer, better known as a philosopher than as a politician, who had
+Gambetta's confidence, read a report on the supplementary votes which
+severely criticized the timidity and vacillation of the government in
+Egyptian policy. Four days later in the Chamber M. de Freycinet proposed
+an understanding with England limited to the protection of the Suez
+Canal. Attacked by M. Clemenceau on the impossibility of separating the
+question of the canal from the general Egyptian question, the ministry
+was defeated by a huge majority, and M. de Freycinet fell, having
+achieved the distinction of being the chief instrument in removing Egypt
+from the sphere of French interest.
+
+Some of the Republicans whose votes turned out M. de Freycinet wanted
+Jules Ferry to take his place, as he was considered to be a strong man
+in foreign policy, and Gambetta, for this reason, was willing to see his
+personal enemy at the head of public affairs. But this was prevented by
+M. Clemenceau and the extreme Left, and the new ministry was formed by
+M. Duclerc, an old senator whose previous official experience had been
+under the Second Republic. On its taking office on the 7th of August,
+the ministerial declaration announced that its policy would be in
+conformity with the vote which, by refusing supplies for the occupation
+of the Suez Canal, had overthrown M. de Freycinet. The declaration
+characterized this vote as "a measure of reserve and of prudence but not
+as an abdication." Nevertheless the action of the Chamber--which was due
+to the hostility to Gambetta of rival leaders, who had little mutual
+affection, including MM. de Freycinet, Jules Ferry, Clemenceau and the
+president of the Republic, M. Grevy, rather than to a desire to abandon
+Egypt--did result in the abdication of France. After England
+single-handed had subdued the rebellion and restored the authority of
+the khedive, the latter signed a decree on the 11th of January 1883
+abolishing the joint control of England and France. Henceforth Egypt
+continued to be a frequent topic of debate in the Chambers; the
+interests of France in respect of the Egyptian finances, the judicial
+system and other institutions formed the subject of diplomatic
+correspondence, as did the irritating question of the eventual
+evacuation of Egypt by England. But though it caused constant friction
+between the two countries up to the Anglo-French convention of the 8th
+of April 1904, there was no longer a French active policy with regard to
+Egypt. The lost predominance of France in that country did, however,
+quicken French activity in other regions of northern Africa.
+
+
+  Algerian policy.
+
+  Tunis.
+
+The idea that the Mediterranean might become a French lake has, in
+different senses, been a preoccupation for France and for its rivals in
+Europe ever since Algeria became a French province by a series of
+fortuitous incidents--an insult offered by the dey to a French consul,
+his refusal to make reparation, and the occasion it afforded of
+diverting public attention in France from interior affairs after the
+Revolution of 1830. The French policy of preponderance in Egypt had only
+for a secondary aim the domination of the Mediterranean. The French
+tradition in Egypt was a relic of Napoleon's vain scheme to become
+emperor of the Orient even before he had made himself emperor of the
+West. It was because Egypt was the highway to India that under Napoleon
+III. the French had constructed the Suez Canal, and for the same reason
+England could never permit them to become masters of the Nile delta. But
+the possessors of Algeria could extend their coast-line of North Africa
+without seriously menacing the power which held Gibraltar and Malta. It
+was Italy which objected to a French occupation of Tunis. Algeria has
+never been officially a French "colony." It is in many respects
+administered as an integral portion of French territory, the
+governor-general, as agent of the central power, exercising wide
+jurisdiction. Although the Europeans in Algeria are less than a seventh
+of the population, and although the French are actually a minority of
+the European inhabitants--Spaniards prevailing in the west, Italians and
+Maltese in the east--the three departments of Constantine, Algiers and
+Oran are administered like three French departments. Consequently, when
+disturbances occurred on the borderland separating Constantine from
+Tunis, the French were able to say to Europe that the integrity of their
+national frontier was threatened by the proximity of a turbulent
+neighbour. The history of the relations between Tunis and France were
+set forth, from the French standpoint, in a circular, of which Jules
+Ferry was said to be the author, addressed by the foreign minister, M.
+Barthelemy Saint-Hilaire on the 9th of May 1881, to the diplomatic
+agents of France abroad. The most important point emphasized by the
+French minister was the independence of Tunis from the Porte, a
+situation which would obviate difficulties with Turkey such as had
+always hampered the European powers in Egypt. In support of this
+contention a protest made by the British government in 1830, against the
+French conquest of Algiers, was quoted, as in it Lord Aberdeen had
+declared that Europe had always treated the Barbary states as
+independent powers. On the other hand, there was the incident of the bey
+of Tunis having furnished to Turkey a contingent during the Crimean War,
+which suggested a recognition of its vassalage to the Sublime Porte. But
+in 1864, when the sultan had sent a fleet to La Goulette to affirm his
+"rights" in Tunis, the French ambassador at Constantinople intimated
+that France declined to have Turkey for a neighbour in Algeria. France
+also in 1868 essayed to obtain control over the finances of the regency;
+but England and Italy had also large interests in the country, so an
+international financial commission was appointed. In 1871, when France
+was disabled after the war, the bey obtained from Constantinople a
+firman of investiture, thus recognizing the suzerainty of the Porte.
+Certain English writers have reproached the Foreign Office for its lack
+of foresight in not taking advantage of France's disablement by
+establishing England as the preponderant power in Tunis. The fact that
+five-sixths of the commerce of Tunis is now with France and Algeria may
+seem to justify such regrets. Yet by the light of subsequent events it
+seems probable that England would have been diverted from more
+profitable undertakings had she been saddled with the virtual
+administration and military occupation of a vast territory which such
+preponderance would have entailed. The wonder is that this opportunity
+was not seized by Italy; for Mazzini and other workers in the cause of
+Italian unity, before the Bourbons had been driven from Naples, had cast
+eyes on Tunis, lying over against the coasts of Sicily at a distance of
+barely 100 m., as a favourable field for colonization and as the key of
+the African Mediterranean. But when Rome became once more the capital of
+Italy, Carthage was not fated to fall again under its domination and
+the occasion offered by France's temporary impotence was neglected. In
+1875 when France was rapidly recovering, there went to Tunis as consul
+an able Frenchman, M. Roustan, who became virtual ruler of the regency
+in spite of the resistance of the representative of Italy. French action
+was facilitated by the attitude of England. On the 26th of July 1878 M.
+Waddington wrote to the marquis d'Harcourt, French ambassador in London,
+that at the congress of Berlin Lord Salisbury had said to him--the two
+delegates being the foreign ministers of their respective
+governments--in reply to his protest, on behalf of France, against the
+proposed English occupation of Cyprus, "Do what you think proper in
+Tunis: England will offer no opposition." This was confirmed by Lord
+Salisbury in a despatch to Lord Lyons, British ambassador in Paris, on
+the 8th of August, and it was followed in October by an intimation made
+by the French ambassador at Rome that France intended to exercise a
+preponderant influence in Tunis. Italy was not willing to accept this
+situation. In January 1881 a tour made by King Humbert in Sicily, where
+he received a Tunisian mission, was taken to signify that Italy had not
+done with Tunis, and it was answered in April by a French expedition in
+the regency sent from Algeria, on the pretext of punishing the Kroumirs
+who had been marauding on the frontier of Constantine. It was on this
+occasion that M. Barthelemy Saint-Hilaire issued the circular quoted
+above. France nominally was never at war with Tunis; yet the result of
+the invasion was that that country became virtually a French possession,
+although officially it is only under the protection of France. The
+treaty of El Bardo of the 12th of May 1881, confirmed by the decree of
+the 22nd of April 1882, placed Tunis under the protectorate of France.
+The country is administered under the direction of the French Foreign
+Office, in which there is a department of Tunisian affairs. The governor
+is called minister resident-general of France, and he also acts as
+foreign minister, being assisted by seven French and two native
+ministers.
+
+
+  Extension of African Territory.
+
+  The protectorate system.
+
+The annexation of Tunis was important for many reasons. It was the first
+successful achievement of France after the disasters of the
+Franco-German War, and it was the first enterprise of serious utility to
+France undertaken beyond its frontiers since the early period of the
+Second Empire. It was also important as establishing the hegemony of
+France on the southern shores of the Mediterranean. When M. Jules Cambon
+became governor-general of Algeria, his brother M. Paul Cambon having
+been previously French resident in Tunis and remaining the vigilant
+ambassador to a Mediterranean power, a Parisian wit said that just as
+Switzerland had its _Lac des quatre_ Cantons, so France had made of the
+midland sea its _Lac des deux Cambons_. The _jeu d'esprit_ indicated
+what was the primary significance to the French of their becoming
+masters of the Barbary coast from the boundary of Morocco to that of
+Tripoli. Apart from the Mediterranean question, when the scramble for
+Africa began and the Hinterland doctrine was asserted by European
+powers, the possession of this extended coast-line resulted in France
+laying claim to the Sahara and the western Sudan. Consequently, on the
+maps, the whole of northwest Africa, from Tunis to the Congo, is claimed
+by France with the exception of the relatively small areas on the coast
+belonging to Morocco, Spain, Portugal, Liberia, Germany and England. On
+this basis, in point of area, France is the greatest African power, in
+spite of British annexations in south and equatorial Africa, its area
+being estimated at 3,866,950 sq. m. (including 227,950 in Madagascar) as
+against 2,101,411 more effectively possessed by Great Britain. The
+immensity of its domain on paper is no doubt a satisfaction to a people
+which prefers to pursue its policy of colonial expansion without the aid
+of emigration. The acquisition of Tunis by France is also important as
+an example of the system of protectorate as applied to colonization.
+Open annexation might have more gravely irritated the powers having
+interests in the country. England, in spite of Lord Salisbury's
+suggestions to the French foreign minister, was none too pleased with
+France's policy; while Italy, with its subjects outnumbering all other
+European settlers in the regency, was in a mood to accept a pretext for
+a quarrel for the reasons already mentioned. Apart from these
+considerations the French government favoured a protectorate because it
+did not wish to make of Tunis a second Algeria. While the annexation of
+the latter had excellent commercial results for France, it had not been
+followed by successful colonization, though it had cost France 160
+millions sterling in the first sixty years after it became French
+territory. The French cannot govern at home or abroad without a
+centralized system of administration. The organization of Algeria, as
+departments of France with their administrative divisions, was not an
+example to imitate. In the beylical government France found, ready-made,
+a sufficiently centralized system, such as did not exist in Algeria
+under native rule, which could form a basis of administration by French
+functionaries under the direction of the Quai d'Orsay. The result has
+not been unpleasing to the numerous advocates in France of protectorates
+as a means of colonization. According to M. Paul Leroy-Beaulieu, the
+most eminent French authority on colonization, who knows Tunis well, a
+protectorate is the most pacific, the most supple, and the least costly
+method of colonization in countries where an organized form of native
+government exists; it is the system in which the French can most nearly
+approach that of English crown colonies. One evil which it avoids is the
+so-called representative system, under which senators and deputies are
+sent to the French parliament not only from Algeria as an integral part
+of France, but from the colonies of Martinique, Guadeloupe and French
+India, while Cochin-China, Guiana and Senegal send deputies alone. These
+sixteen deputies and seven senators attach themselves to the various
+Moderate, Radical and Socialist groups in parliament, which have no
+connexion with the interests of the colonies; and the consequent
+introduction of French political controversies into colonial elections
+has not been of advantage to the oversea possessions of France. From
+this the protectorate system has spared Tunis, and the paucity of French
+immigration will continue to safeguard that country from parliamentary
+representation. After twenty years of French rule, of 120,000 European
+residents in Tunis, not counting the army, only 22,000 were French,
+while nearly 70,000 were Italian. If under a so-called representative
+system the Italians had demanded nationalization, for the purpose of
+obtaining the franchise, complications might have arisen which are not
+to be feared under a protectorate.
+
+
+  The Triple Alliance.
+
+But of all the results of the French annexation of Tunis, the most
+important was undoubtedly the Triple Alliance, into which Italy entered
+in resentment at having been deprived of the African territory which
+seemed marked out as its natural field for colonial expansion. The most
+manifest cause of Italian hostility towards France had passed away four
+years before the annexation of Tunis, when the reactionaries, who had
+favoured the restitution of the temporal power of the pope, fell for
+ever from power. The clericalism of the anti-republicans, who favoured a
+revival of the fatal policy of the Second Empire whereby France, after
+Magenta and Solferino, had by leaving its garrison at St Angelo, been
+the last obstacle to Italian unity, was one of the chief causes of their
+downfall. For after the war with Germany, the mutilated land and the
+vanquished nation had need to avoid wanton provocations of foreign
+powers. Henceforth the French Republic, governed by Republicans, was to
+be an anti-clerical force in Europe, sympathizing with the Italian
+occupation of Rome. But to make Italy realize that France was no longer
+the enemy of complete Italian unity it would have been necessary that
+all causes of irritation between the two Latin sister nations were
+removed. Such causes of dissension did, however, remain, arising from
+economic questions. The maritime relations of the two chief
+Mediterranean powers were based on a treaty of navigation of 1862--when
+Venice was no party to it being an Austrian port--which Crispi denounced
+as a relic of Italian servility towards Napoleon III. Commercial rivalry
+was induced by the industrial development of northern Italy, when freed
+from Austrian rule. Moreover, the emigrant propensity of the Italians
+flooded certain regions of France with Italian cheap labour, with the
+natural result of bitter animosity between the intruders and the
+inhabitants of the districts thus invaded. The annexation of Tunis,
+coming on the top of these causes of irritation, exasperated Italy. A
+new treaty of commerce was nevertheless signed between the two countries
+on the 3rd of November 1881. Unfortunately for its stability, King
+Humbert the previous week had gone to Vienna to see the emperor of
+Austria. In visiting in his capital the former arch-enemy of Italian
+unity, who could never return the courtesy, Rome being interdicted for
+Catholic sovereigns by the "prisoner of the Vatican," Humbert had only
+followed the example of his father Victor Emmanuel, who went both to
+Berlin and to Vienna in 1873. But that was when in France the duc de
+Broglie was prime minister of a clerical government of which many of the
+supporters were clamouring for the restitution of the temporal power.
+King Humbert's visit to Vienna at the moment when Gambetta, the great
+anti-clerical champion, was at the height of his influence was
+significant for other reasons. Since the 7th of October 1879 Germany and
+Austria had been united by a defensive treaty, and though its provisions
+were not published until 1888, the two central empires were known to be
+in the closest alliance. The king of Italy's visit to Vienna, where he
+was accompanied by his ministers Depretis and Mancini, had therefore the
+same significance as though he had gone to Berlin also. On the 20th of
+May 1882 was signed the treaty of the Triple Alliance, which for many
+years bound Italy to Germany in its relations with the continental
+powers. The alliance was first publicly announced on the 13th of March
+1883, in the Italian Chamber, by Signor Mancini, minister for foreign
+affairs. The aim of Italy in joining the combination was alliance with
+Germany, the enemy of France. The connexion with Austria was only
+tolerated because it secured a union with the powerful government of
+Berlin. It effected the complete isolation of France in Europe. An
+understanding between the French Republic and Russia, which alone could
+alter that situation, was impracticable, as its only basis seemed to be
+the possibility of having a common enemy in Germany or even in England.
+But that double eventuality was anticipated by a secret convention
+concluded at Skiernewice in September 1884 by the tsar and the German
+emperor, in which they guaranteed to one another a benevolent neutrality
+in case of hostilities between England and Russia arising out of the
+Afghan question.
+
+It will be convenient here to refer to the relations of France with
+Germany and Italy respectively in the years succeeding the signature of
+the Triple Alliance. With Germany both Gambetta, who died ten weeks
+before the treaty was announced and who was a strong Russophobe, and his
+adversary Jules Ferry were inclined to come to an understanding. But in
+this they had not the support of French opinion. In September 1883 the
+king of Spain had visited the sovereigns of Austria and Germany.
+Alphonso XII., to prove that this journey was not a sign of hostility to
+France, came to Paris on his way home on Michaelmas Day on an official
+visit to President Grevy. Unfortunately it was announced that the German
+emperor had made the king colonel of a regiment of Uhlans garrisoned at
+Strassburg, the anniversary of the taking of which city was being
+celebrated by the emperor by the inauguration of a monument made out of
+cannon taken from the French, on the very eve of King Alphonso's
+arrival. Violent protests were made in Paris in the monarchical and in
+not a few republican journals, with the result that the king of Spain
+was hooted by the crowd as he drove with the president from the station
+to his embassy, and again on his way to dine the same night at the
+Elysee. The incident was closed by M. Grevy's apologies and by the
+retirement of the minister of war, General Thibaudin, who under pressure
+from the extreme Left had declined to meet _le roi uhlan_. Though it
+displayed the bitter hostility of the population towards Germany, the
+incident did not aggravate Franco-German relations. This was due to the
+policy of the prime minister, Jules Ferry, who to carry it out made
+himself foreign minister in November, in the place of Challemel-Lacour,
+who resigned.
+
+
+  Franco-German relations.
+
+Jules Ferry's idea was that colonial expansion was the surest means for
+France to recover its prestige, and that this could be obtained only by
+maintaining peaceful relations with all the powers of Europe. His
+consequent unpopularity caused his fall in April 1885, and the next year
+a violent change of military policy was marked by the arrival of General
+Boulanger at the ministry of war, where he remained, in the Freycinet
+and Goblet cabinets, from January 1886 to the 17th of May 1887. His
+growing popularity in France was answered by Bismarck, who asked for an
+increased vote for the German army, indicating that he considered
+Boulanger the coming dictator for the war of revenge; so when the
+Reichstag, on the 14th of January 1887, voted the supplies for three
+years, instead of for the seven demanded by the chancellor, it was
+dissolved. Bismarck redoubled his efforts in the press and in diplomacy,
+vainly attempting to come to an understanding with Russia and with more
+success moving the Vatican to order the German Catholics to support him.
+He obtained his vote for seven years in March, and the same month
+renewed the Triple Alliance. In April the Schnaebele incident seemed
+nearly to cause war between France and Germany. The commissary-special,
+an agent of the ministry of the interior, at Pagny-sur-Moselle, the last
+French station on the frontier of the annexed territory of Lorraine,
+having stepped across the boundary to regulate some official matter with
+the corresponding functionary on the German side, was arrested. It was
+said that Schnaebele was arrested actually on French soil, and on
+whichever side of the line he was standing he had gone to meet the
+German official at the request of the latter. Bismarck justified the
+outrage in a speech in the Prussian Landtag which suggested that it was
+impossible to live at peace with a nation so bellicose as the French. In
+France the incident was regarded as a trap laid by the chancellor to
+excite French opinion under the aggressive guidance of Boulanger, and to
+produce events which would precipitate a war. The French remained calm,
+in spite of the growing popularity of Boulanger. The Goblet ministry
+resigned on the 17th of May 1887 after a hostile division on the budget,
+and the opportunity was taken to get rid of the minister of war, who
+posed as the coming restorer of Alsace and Lorraine to France. The
+Boulangist movement soon became anti-Republican, and the opposition to
+it of successive ministries improved the official relations of the
+French and German governments. The circumstances attending the fall of
+President Grevy the same year strengthened the Boulangist agitation, and
+Jules Ferry, who seemed indicated as his successor, was discarded by the
+Republican majority in the electoral congress, as a revolution was
+threatened in Paris if the choice fell on "the German Ferry." Sadi
+Carnot was consequently elected president of the Republic on the 3rd of
+December 1887. Three months later, on the 9th of March 1888, died the
+old emperor William who had personified the conquest of France by
+Germany. His son, the pacific emperor Frederick, died too, on the 15th
+of June, so the accession of William II., the pupil of Bismarck, at a
+moment when Boulanger threatened to become plebiscitary dictator of
+France, was ominous for the peace of Europe. But in April 1889 Boulanger
+ignominiously fled the country, and in March 1890 Bismarck fell. France
+none the less rejected all friendly overtures made by the young emperor.
+In February 1891 his mother came to Paris and was unluckily induced to
+visit the scenes of German triumph near the capital--the ruins of St
+Cloud and the Chateau of Versailles where the German empire was
+proclaimed. The incident called forth such an explosion of wrath from
+the French press that it was clear that France had not forgotten 1871.
+By this time, however, France was no longer isolated and at the mercy of
+Germany, which by reason of the increase of its population while that of
+France had remained almost stationary, was, under the system of
+compulsory military service in the two countries, more than a match for
+its neighbour in a single-handed conflict. Even the Triple Alliance
+ceased to be a terror for France. An understanding arose between France
+and Russia preliminary to the Franco-Russian alliance, which became the
+pivot of French exterior relations until the defeat of Russia in the
+Japanese war of 1904. So the second renewal of the Triplice was
+forthwith answered by a visit of the French squadron to Kronstadt in
+July 1891.
+
+
+  France and Italy.
+
+While such were the relations between France and the principal party to
+the Triple Alliance, the same period was marked by bitter dissension
+between France and Italy. Tunis had made Italy Gallophobe, but the
+diplomatic relations between the two countries had been courteous until
+the death of Depretis in 1887. When Crispi succeeded him as prime
+minister, and till 1891 was the director of the exterior policy of
+Italy, a change took place. Crispi, though not the author of the Triple
+Alliance, entered with enthusiasm into its spirit of hostility to
+France. The old Sicilian revolutionary hastened to pay his respects to
+Bismarck at Friedrichsruh in October 1887, the visit being highly
+approved in Italy. Before that the French Chamber had, in July 1886, by
+a small majority, rejected a new treaty of navigation between France and
+Italy, this being followed by the failure to renew the commercial treaty
+of 1881. Irritating incidents were of constant occurrence. In 1888 a
+conflict between the French consul at Massowah and the Italians who
+occupied that Abyssinian port induced Bismarck to instruct the German
+ambassador in Paris to tell M. Goblet, minister for foreign affairs in
+the Floquet cabinet, in case he should refer to the matter, that if
+Italy were involved thereby in complications it would not stand
+alone--this menace being communicated to Crispi by the Italian
+ambassador at Berlin and officially printed in a green-book. But after
+Bismarck's fall relations improved a little, and in April 1890 the
+Italian fleet was sent to Toulon to salute President Carnot in the name
+of King Humbert, though this did not prevent the French government being
+suspected of having designs on Tripoli. Italian opinion was again
+incensed against France by the action of the French clericals,
+represented by a band of Catholic "pilgrims" who went to Rome to offer
+their sympathy to the pope in the autumn of 1891, and outraged the
+burial-place of Victor Emmanuel by writing in the visitors' register
+kept at the Pantheon the words "_Vive le pape._" In August 1893 a fight
+took place at Aigues Mortes, the medieval walled city on the salt
+marshes of the Gulf of Lyons, between French and Italian workmen, in
+which seven Italians were killed. But Crispi had gone out of office
+early in 1891, and the ministers who succeeded him were more disposed to
+prevent a rupture between Italy and France. Crispi became prime minister
+again in December 1893, but this time without the portfolio of foreign
+affairs. He placed at the Consulta Baron Blanc, who though a strong
+partisan of the Triple Alliance was closely attached to France, being a
+native of Savoy, where he spent his yearly vacations on French soil.
+That the relations between the two nations were better was shown by what
+occurred after the murder of President Carnot in June 1894. The fact
+that the assassin was an Italian might have caused trouble a little
+earlier; but the grief of the Italians was so sincere, as shown by
+popular demonstrations at Rome, that no anti-Italian violence took place
+in France, and in the words of the French ambassador, M. Billot,
+Caserio's crime seemed likely to further an understanding between the
+two peoples. The movement was very slight and made no progress during
+the short presidency of M. Casimir-Perier. On the 1st of November 1894
+Alexander III. died, when the Italian press gave proof of the importance
+attributed by the Triplice to the Franco-Russian understanding by
+expressing a hope that the new tsar would put an end to it. But on the
+10th of June 1895, the foreign minister, M. Hanotaux, intimated to the
+French Chamber that the understanding had become an alliance, and on the
+17th the Russian ambassador in Paris conveyed to M. Felix Faure, who was
+now president of the Republic, the collar of St Andrew, while the same
+day the French and Russian men-of-war, invited to the opening of the
+Kiel Canal, entered German waters together. The union of France with
+Russia was no doubt one cause of the cessation of Italian hostility to
+France; but others were at work. The inauguration of the statue of
+MacMahon at Magenta the same week as the announcement of the
+Franco-Russian alliance showed that there was a disposition to revive
+the old sentiment of fraternity which had once united France with Italy.
+More important was the necessity felt by the Italians of improved
+commercial relations with the French. Crispi fell on the 4th of March
+1896, after the news of the disaster to the Italian troops at Adowa, the
+war with Abyssinia being a disastrous legacy left by him. The previous
+year he had caused the withdrawal from Paris of the Italian ambassador
+Signor Ressmann, a friend of France, transferring thither Count
+Tornielli, who during his mission in London had made a speech, after the
+visit of the Italian fleet to Toulon, which qualified him to rank as a
+_misogallo_. But with the final disappearance of Crispi the relations of
+the two Latin neighbours became more natural. Commerce between them had
+diminished, and the business men of both countries, excepting certain
+protectionists, felt that the commercial rupture was mutually
+prejudicial. Friendly negotiations were initiated on both sides, and
+almost the last act of President Felix Faure before his sudden death--M.
+Delcasse being then foreign minister--was to promulgate, on the 2nd of
+February 1899, a new commercial arrangement between France and Italy
+which the French parliament had adopted. By that time M. Barrere was
+ambassador at the Quirinal and was engaged in promoting cordial
+relations between Italy and France, of which Count Tornielli in Paris
+had already become an ardent advocate. Italy remained a party to the
+Triple Alliance, which was renewed for a third period in 1902. But so
+changed had its significance become that in October 1903 the French
+Republic received for the first time an official visit from the
+sovereigns of Italy. This reconciliation of France and Italy was
+destined to have most important results outside the sphere of the Triple
+Alliance. The return visit which President Loubet paid to Victor
+Emmanuel III. in April 1904, it being the first time that a French chief
+of the state had gone to Rome since the pope had lost the temporal
+sovereignty, provoked a protest from the Vatican which caused the
+rupture of diplomatic relations between France and the Holy See,
+followed by the repudiation of the Concordat by an act passed in France,
+in 1905, separating the church from the state.
+
+
+  Russian alliance.
+
+While the decadence of the Triple Alliance had this important effect on
+the domestic affairs of France, its inception had produced the
+Franco-Russian alliance, which took France out of its isolation in
+Europe, and became the pivot of its exterior policy. It has been noted
+that in the years succeeding the Franco-Prussian War the tsar Alexander
+II. had shown a disposition to support France against German aggression,
+as though to make up for his neutrality during the war, which was so
+benevolent for Germany that his uncle William I. had ascribed to it a
+large share of the German victory. The assassination of Alexander II. by
+revolutionaries in 1881 made it difficult for the new autocrat to
+cultivate closer relations with a Republican government, although the
+Third Republic, under the influence of Gambetta, to whom its
+consolidation was chiefly due, had repudiated that proselytizing spirit,
+inherited from the great Revolution, which had disquieted the monarchies
+of Europe in 1848 and had provoked their hostility to the Second
+Republic. But the Triple Alliance which was concluded the year after the
+murder of the tsar indicated the possible expediency of an understanding
+between the two great powers of the West and the East, in response to
+the combination of the three central powers of Europe,--though Bismarck
+after his fall revealed that in 1884 a secret treaty was concluded
+between Germany and Russia, which was, however, said to have in view a
+war between England and Russia. Internal dissension on the subject of
+colonial policy in the far East, followed by the fall of Jules Ferry and
+the Boulangist agitation were some of the causes which prevented France
+from strengthening its position in Europe by seeking a formal
+understanding with Russia in the first part of the reign of Alexander
+III. But when the Boulangist movement came to an end, entirely from the
+incompetency of its leader, it behoved the government of the Republic to
+find a means of satisfying the strong patriotic sentiment revealed in
+the nation, which, directed by a capable and daring soldier, would have
+swept away the parliamentary republic and established a military
+dictatorship in its place. The Franco-Russian understanding provided
+that means, and Russia was ready for it, having become, by the
+termination in 1890 of the secret treaty with Germany, not less isolated
+in Europe than France. In July 1891, when the French fleet visited
+Kronstadt the incident caused such enthusiasm throughout the French
+nation that the exiled General Boulanger's existence would have been
+forgotten, except among his dwindling personal followers, had he not put
+an end to it by suicide two months later at Brussels. The Franco-Russian
+understanding united all parties, not in love for one another but in the
+idea that France was thereby about to resume its place in Europe. The
+Catholic Royalists ceased to talk of the restitution of the temporal
+power of the pope in their joy at the deference of the government of the
+republic for the most autocratic monarchy of Christendom; the
+Boulangists, now called Nationalists, hoped that it would lead to the
+war of revenge with Germany, and that it might also be the means of
+humiliating England, as shown by their resentment at the visit of the
+French squadron to Portsmouth on its way home from Kronstadt. It is,
+however, extremely improbable that the understanding and subsequent
+alliance would have been effected had the Boulangist movement succeeded.
+For the last thing that the Russian government desired was war with
+Germany. What it needed and obtained was security against German
+aggression on its frontier and financial aid from France; so a French
+plebiscitary government, having for its aim the restitution of Alsace
+and Lorraine, would have found no support in Russia. As the German
+chancellor, Count von Caprivi, said in the Reichstag on the 27th of
+November 1891, a few weeks after a Russian loan had been subscribed in
+France nearly eight times over, the naval visit to Kronstadt had not
+brought war nearer by one single inch. Nevertheless when in 1893 the
+Russian fleet paid a somewhat tardy return visit to Toulon, where it was
+reviewed by President Carnot, a party of Russian officers who came to
+Paris was received by the population of the capital, which less than
+five years before had acclaimed General Boulanger, with raptures which
+could not have been exceeded had they brought back to France the
+territory lost in 1871. In November 1894, Alexander III. died, and in
+January 1895, M. Casimir-Perier resigned the presidency of the Republic,
+to which he had succeeded only six months before on the assassination of
+M. Carnot. So it was left to Nicholas II. and President Felix Faure to
+proclaim the existence of a formal alliance between France and Russia.
+It appears that in 1891 and 1892, at the time of the first public
+manifestations of friendship between France and Russia, in the words of
+M. Ribot, secret conventions were signed by him, being foreign minister,
+and M. de Freycinet, president of the council, which secured for France
+"the support of Russia for the maintenance of the equilibrium in
+Europe"; and on a later occasion the same statesman said that it was
+after the visit of the empress Frederick to Paris in 1891 that Alexander
+III. made to France certain offers which were accepted. The word
+"alliance" was not publicly used by any minister to connote the
+relations of France with Russia until the 10th of June 1895, when M.
+Hanotaux used the term with cautious vagueness amid the applause of the
+Chamber of Deputies. Yet not even when Nicholas II. came to France in
+October 1896 was the word "alliance" formally pronounced in any of the
+official speeches. But the reception given to the tsar and tsaritsa in
+Paris, where no European sovereign had come officially since William of
+Germany passed down the Champs Elysees as a conqueror, was of such a
+character that none could doubt that this was the consecration of the
+alliance. It was at last formally proclaimed by Nicholas II., on board a
+French man-of-war, on the occasion of the visit of the president of the
+Republic to Russia in August 1897. From that date until the formation of
+M. Briand's cabinet in 1909, nine different ministries succeeded one
+another and five ministers of foreign affairs; but they all loyally
+supported the Franco-Russian alliance, although its popularity
+diminished in France long before the war between Russia and Japan, which
+deprived it of its efficacy in Europe. In 1901 Nicholas II. came again
+to France and was the guest of President Loubet at Compiegne. His visit
+excited little enthusiasm in the nation, which was disposed to attribute
+it to Russia's financial need of France; while the Socialists, now a
+strong party which provided the Waldeck-Rousseau ministry with an
+important part of its majority in the Chamber, violently attacked the
+alliance of the Republic with a reactionary autocracy. However anomalous
+that may have been it did not prevent the whole French nation from
+welcoming the friendship between the governments of Russia and of France
+in its early stages. Nor can there be any doubt that the popular
+instinct was right in according it that welcome. France in its
+international relations was strengthened morally by the understanding
+and by the alliance, which also served as a check to Germany. But its
+association with Russia had not the results hoped for by the French
+reactionaries. It encouraged them in their opposition to the
+parliamentary Republic during the Dreyfus agitation, the more so because
+the Russian autocracy is anti-Semitic. It also made a Nationalist of one
+president of the Republic, Felix Faure, whose head was so turned by his
+imperial frequentations that he adopted some of the less admirable
+practices of princes, and also seemed ready to assume the bearing of an
+autocrat. His sudden death was as great a relief to the parliamentary
+Republicans as it was a disappointment to the plebiscitary party, which
+anti-Dreyfusism, with its patriotic pretensions, had again made a
+formidable force in the land. But the election of the pacific and
+constitutional M. Loubet as president of the Republic at this critical
+moment in its history counteracted any reactionary influence which the
+Russian alliance might have had in France; so the general effect of the
+alliance was to strengthen the Republic and to add to its prestige. The
+visit of the tsar to Paris, the first paid by a friendly sovereign since
+the Second Empire, impressed a population, proud of its capital, by an
+outward sign which seemed to show that the Republic was not an obstacle
+to the recognition by the monarchies of Europe of the place still held
+by France among the great powers. Before M. Loubet laid down office the
+nation, grown more republican, saw the visit of the tsar followed by
+those of the kings of England and of Italy, who might never have been
+moved to present their respects to the French Republic had not Russia
+shown them the way.
+
+
+  Relations with England.
+
+While the French rejoiced at the Russian alliance chiefly as a check to
+the aggressive designs of Germany, they also liked the association of
+France with a power regarded as hostile to England. This traditional
+feeling was not discouraged by one of the chief artificers of the
+alliance, Baron Mohrenheim, Russian ambassador in Paris, who until 1884
+had filled the same position in London, where he had not learned to love
+England, and who enjoyed in France a popularity rarely accorded to the
+diplomatic agent of a foreign power. An _entente cordiale_ has since
+been initiated between England and France. But it is necessary to refer
+to the less agreeable relations which existed between the two countries,
+as they had some influence on the exterior policy of the Third Republic.
+England and France had no causes of friction within Europe. But in its
+policy of colonial expansion, during the last twenty years of the 19th
+century, France constantly encountered England all over the globe. The
+first important enterprise beyond the seas seriously undertaken by
+France after the Franco-German War, was, as we have seen, in Tunis. But
+even before that question had been mentioned at the congress of Berlin,
+in 1878, France had become involved in an adventure in the Far East,
+which in its developments attracted more public attention at home than
+the extension of French territory in northern Africa. Had these pages
+been written before the end of the 19th century it would have seemed
+necessary to trace the operations of France in Indo-China with not less
+detail than has been given to the establishment of the protectorate in
+Tunis. But French hopes of founding a great empire in the Far East came
+to an end with the partial resuscitation of China and the rise to power
+of Japan. As we have seen, Jules Ferry's idea was that in colonial
+expansion France would find the best means of recovering prestige after
+the defeat of 1870-71 in the years of recuperation when it was
+essential to be diverted from European complications. Jules Ferry was
+not a friend of Gambetta, in spite of later republican legends. But the
+policy of colonial expansion in Tunis and in Indo-China, associated with
+Ferry's name, was projected by Gambetta to give satisfaction to France
+for the necessity, imposed, in his opinion, on the French government, of
+taking its lead in foreign affairs from Berlin. How Jules Ferry
+developed that system we know now from Bismarck's subsequent expressions
+of regret at Ferry's fall. He believed that, had Ferry remained in
+power, an amicable arrangement would have been made between France and
+Germany, a formal agreement having been almost concluded to the effect
+that France should maintain peaceable and friendly relations with
+Germany, while Bismarck supported France in Tunis, in Indo-China and
+generally in its schemes of oversea colonization. Even though the
+friendly attitude of Germany towards those schemes was not official the
+contrast was manifest between the benevolent tone of the German press
+and that of the English, which was generally hostile. Jules Ferry took
+his stand on the position that his policy was one not of colonial
+conquest, but of colonial conservation, that without Tunis, Algeria was
+insecure, that without Tongking and Annam, there was danger of losing
+Cochin-China, where the French had been in possession since 1861. It was
+on the Tongking question that Ferry fell. On the 30th of March 1885, on
+the news of the defeat of the French troops at Lang-Son, the Chamber
+refused to vote the money for carrying on the campaign by a majority of
+306 to 149. Since that day public opinion in France has made amends to
+the memory of Jules Ferry. His patriotic foresight has been extolled.
+Criticism has not been spared for the opponents of his policy in
+parliament of whom the most conspicuous, M. Clemenceau and M. Ribot,
+have survived to take a leading part in public affairs in the 20th
+century. The attitude of the Parisian press, which compared Lang-Son
+with Sedan and Jules Ferry with Emile Ollivier, has been generally
+deplored, as has that of the public which was ready to offer violence to
+the fallen minister, and which was still so hostile to him in 1887 that
+the congress at Versailles was persuaded that there would be a
+revolution in Paris if it elected "the German Ferry" president of the
+Republic. Nevertheless his adversaries in parliament, in the press and
+in the street have been justified--not owing to their superior sagacity,
+but owing to a series of unexpected events which the most foreseeing
+statesmen of the world never anticipated. The Indo-China dream of Jules
+Ferry might have led to a magnificent empire in the East to compensate
+for that which Dupleix lost and Napoleon failed to reconquer.
+
+The Russian alliance, which came at the time when Ferry's policy was
+justified in the eyes of the public, too late for him to enjoy any
+credit, gave a new impetus to the French idea of establishing an empire
+in the Far East. In the opinion of all the prophets of Europe the great
+international struggle in the near future was to be that of England with
+Russia for the possession of India. If Russia won, France might have a
+share in the dismembered Indian empire, of which part of the frontier
+now marched with that of French Indo-China, since Burma had become
+British and Tongking French. Such aspirations were not formulated in
+white-books or in parliamentary speeches. Indeed, the apprehension of
+difficulty with England limited French ambition on the Siamese frontier.
+That did not prevent dangerous friction arising between England and
+France on the question of the Mekong, the river which flows from China
+almost due south into the China Sea traversing the whole length of
+French Indo-China, and forming part of the eastern boundary of Upper
+Burma and Siam. The aim of France was to secure the whole of the left
+bank of the Mekong, the highway of commerce from southern China. The
+opposition of Siam to this delimitation was believed by the French to be
+inspired by England, the supremacy of France on the Mekong river being
+prejudicial to British commerce with China. The inevitable rivalry
+between the two powers reached an acute crisis in 1893, the British
+ambassador in Paris being Lord Dufferin, who well understood the
+question, upper Burma having been annexed to India under his
+viceroyalty in 1885. The matter was not settled until 1894, when not
+only was the French claim to the left bank of the Mekong allowed, but
+the neutrality of a 25-kilometre zone on the Siamese bank was conceded
+as open to French trade. It is said that at one moment in July 1893
+England and France were more nearly at war than at any other
+international crisis under the Third Republic, not excluding that of
+Fashoda, though the acute tension between the governments was unknown to
+the public.
+
+The Panama affair had left French public opinion in a nervous condition.
+Fantastic charges were brought not only in the press, but in the chamber
+of deputies, against newspapers and politicians of having accepted
+bribes from the British government. At the general election in August
+and September 1893 M. Clemenceau was pursued into his distant
+constituency in the Var by a crowd of Parisian politicians, who brought
+about his defeat less by alleging his connexion with the Panama scandal
+than by propagating the legend that he was the paid agent of England.
+The official republic, which changed its prime minister three times and
+its foreign minister twice in 1893, M. Develle filling that post in the
+Ribot and Dupuy ministries and M. Casimir-Perier in his own, repudiated
+with energy the calumnies as to the attempted interference of England in
+French domestic affairs. But the successive governments were not in a
+mood to make concessions in foreign questions, as all France was under
+the glamour of the preliminary manifestations of the Russian alliance.
+This was seen, a few weeks after the elections, in the wild enthusiasm
+with which Paris received Admiral Avelane and his officers, who had
+brought the Russian fleet to Toulon to return the visit of the French
+fleet to Kronstadt in 1891. The death of Marshal MacMahon, who had won
+his first renown in the Crimea, and his funeral at the Invalides while
+the Russians were in Paris, were used to emphasize the fact that the
+allies before Sebastopol were no longer friends. The projector of the
+French empire in the Far East did not live to see this phase of the
+seeming justification of the policy which had cost him place and
+popularity. Jules Ferry had died on the 17th of March 1893, only three
+weeks after his triumphant rehabilitation in the political world by his
+election to the presidency of the Senate, the second post in the state.
+The year he died it seemed as though with the active aid of Russia and
+the sympathy of Germany the possessions of France in south-eastern Asia
+might have indefinitely expanded into southern China. A few years later
+the defeat of Russia by Japan and the rise of the sea-power of the
+Japanese practically ended the French empire in Indo-China. What the
+French already had at the end of the last century is virtually
+guaranteed to them only by the Anglo-Japanese alliance. It is in the
+irony of things that these possessions which were a sign of French
+rivalry with England should now be secured to France by England's
+friendliness. For it is now recognized by the French that the defence of
+Indo-China is impossible.
+
+
+  African policy.
+
+  French and English rivalry.
+
+  Upper Nile exploration.
+
+  Marchand mission.
+
+  Fashoda.
+
+  Convention of 1898.
+
+Had the French dream been realized of a large expansion of territory
+into southern China, the success of the new empire would have been based
+on free Chinese labour. This might have counterbalanced an initial
+obstacle to all French colonial schemes, more important than those which
+arise from international difficulties--the reluctance of the French to
+establish themselves as serious colonists in their oversea possessions.
+We have noted how Algeria, which is nearer to Toulon and Marseilles than
+are Paris and Havre, has been comparatively neglected by the French,
+after eighty years of occupation, in spite of the amenity of its climate
+and its soil for European settlers. The new French colonial school
+advocates the withdrawal of France from adventures in distant tropical
+countries which can be reached only by long sea voyages, and the
+concentration of French activity in the northern half of the African
+continent. Madagascar is, as we have seen, counted as Africa in
+computing the area of French colonial territory. But it lies entirely
+outside the scheme of African colonization, and in spite of the loss of
+life and money incurred in its conquest, its retention is not popular
+with the new school, although the first claim of France to it was as
+long ago as the reign of Louis XIII., when in 1642 a company was founded
+under the protection of Richelieu for the colonization of the island.
+The French of the 19th and 20th centuries may well be considered less
+enterprising in both hemispheres than were their ancestors of the 17th,
+and Madagascar, after having been the cause of much ill-feeling between
+England and France under the Third Republic down to the time of its
+formal annexation, by the law of the 9th of August 1896, is not now the
+object of much interest among French politicians. On the African
+continent it is different. When the Republic succeeded to the Second
+Empire the French African possessions outside Algiers were
+inconsiderable in area. The chief was Senegal, which though founded as a
+French station under Louis XIII., was virtually the creation of
+Faidherbe under the Second Empire, even in a greater degree than were
+Tunis and Tongking of Jules Ferry under the Third Republic. There was
+also Gabun, which is now included in French Congo. Those outposts in the
+tropics became the starting-points for the expansion of a French sphere
+of influence in north Africa, which by the beginning of the 20th century
+made France the nominal possessor of a vast territory stretching from
+the equatorial region on the gulf of Guinea to the Mediterranean. A
+large portion of it is of no importance, including the once mysterious
+Timbuktu and the wilds of the waterless Sahara desert. But the steps
+whereby these wide tracts of wilderness and of valuable territory came
+to be marked on the maps in French colours, by international agreement,
+are important, as they were associated with the last serious official
+dispute between England and France before the period of _entente_. M.
+Hanotaux, who was foreign minister for the then unprecedented term of
+four years, from 1894 to 1898, with one short interval of a few months,
+has thrown an instructive light on the feeling with which French
+politicians up to the end of the 19th century regarded England. He
+declared in 1909, with the high authority of one who was during years of
+Anglo-French tension the mouthpiece of the Republic in its relations
+with other powers, that every move in the direction of colonial
+expansion made by France disquieted and irritated England. He complained
+that when France, under the stimulating guidance of Jules Ferry,
+undertook the reconstitution of an oversea domain, England barred the
+way--in Egypt, in Tunis, in Madagascar, in Indo-China, in the Congo, in
+Oceania. Writing with the knowledge of an ex-foreign minister, who had
+enjoyed many years of retirement to enable him to weigh his words, M.
+Hanotaux asserted without any qualification that when he took office
+England "had conceived a triple design, to assume the position of heir
+to the Portuguese possessions in Africa, to destroy the independence of
+the South African republics, and to remain in perpetuity in Egypt." We
+have not to discuss the truth of those propositions, we have only to
+note the tendency of French policy; and in so doing it is useful to
+remark that the official belief of the Third Republic in the last period
+of the 19th century was that England was the enemy of French colonial
+expansion all over the globe, and that in the so-called scramble for
+Africa English ambition was the chief obstacle to the schemes of France.
+M. Hanotaux, with the authority of official knowledge, indicated that
+the English project of a railway from the Cape of Good Hope to Cairo was
+the provocation which stimulated the French to essay a similar
+adventure; though he denied that the Marchand mission and other similar
+expeditions about to be mentioned were conceived with the specific
+object of preventing the accomplishment of the British plan. The
+explorations of Stanley had demonstrated that access to the Great Lakes
+and the Upper Nile could be effected as easily from the west coast of
+Africa as from other directions. The French, from their ancient
+possession of Gabun, had extended their operations far to the east, and
+had by treaties with European powers obtained the right bank of the
+Ubanghi, a great affluent of the Congo, as a frontier between their
+territory and that of the Congo Independent State. They thus found
+themselves, with respect to Europe, in possession of a region which
+approached the valley of the Upper Nile. Between the fall of Jules Ferry
+in 1885 and the beginning of the Russian alliance came a period of
+decreased activity in French colonial expansion. The unpopularity of the
+Tongking expedition was one of the causes of the popularity of General
+Boulanger, who diverted the French public from distant enterprises to a
+contemplation of the German frontier, and when Boulangism came to an end
+the Panama affair took its place in the interest it excited. But the
+colonial party in France did not lose sight of the possibility of
+establishing a position on the Upper Nile. The partition of Africa
+seemed to offer an occasion for France to take compensation for the
+English occupation of Egypt. In 1892 the Budget Commission, on the
+proposal of M. Etienne, deputy for Oran, who had three times been
+colonial under secretary, voted 300,000 francs for the despatch of a
+mission to explore and report on those regions, which had not had much
+attention since the days of Emin. But the project was not then carried
+out. Later, parliament voted a sum six times larger for strengthening
+the French positions on the Upper Ubanghi and their means of
+communication with the coast. But Colonel Monteil's expedition, which
+was the consequence of this vote, was diverted, and the 1,800,000 francs
+were spent at Loango, the southern port of French Congo, and on the
+Ivory Coast, the French territory which lies between Liberia and the
+British Gold Coast Colony, where a prolonged war ensued with Samory, a
+Nigerian chieftain. In September 1894, M. Delcasse being colonial
+minister, M. Liotard was appointed commissioner of the Upper Ubanghi
+with instructions to extend French influence in the Bahr-el-Ghazal up to
+the Nile. In addition to official missions, numerous expeditions of
+French explorers took place in Central Africa during this period, and
+negotiations were continually going on between the British and French
+governments. Towards the end of 1895 Lord Salisbury, who had succeeded
+Lord Kimberley at the foreign office, informed Baron de Courcel, the
+French ambassador, that an expedition to the Upper Nile was projected
+for the purpose of putting an end to Mahdism. M. Hanotaux was not at
+this moment minister of foreign affairs. He had been succeeded by M.
+Berthelot, the eminent chemist, who resigned that office on the 26th of
+March 1896, a month before the fall of the Bourgeois cabinet of which he
+was a member, in consequence of a question raised in the chamber on this
+subject of the English expedition to the Soudan. According to M.
+Hanotaux, who returned to the Quai d'Orsay, in the Meline ministry, on
+the 29th of April 1896, Lord Salisbury at the end of the previous year,
+in announcing the expedition confidentially to M. de Courcel, had
+assured him that it would not go beyond Dongola without a preliminary
+understanding with France. There must have been a misunderstanding on
+this point, as after reaching Dongola in September 1896 the
+Anglo-Egyptian army proceeded up the Nile in the direction of Khartoum.
+Before M. Hanotaux resumed office the Marchand mission had been formally
+planned. On the 24th of February 1896 M. Guieysse, colonial minister in
+the Bourgeois ministry, had signed Captain Marchand's instructions to
+the effect that he must march through the Upper Ubanghi, in order to
+extend French influence as far as the Nile, and try to reach that river
+before Colonel Colvile, who was leading an expedition from the East. He
+was also advised to conciliate the Mahdi if the aim of the mission could
+be benefited thereby. M. Liotard was raised to the rank of governor of
+the Upper Ubanghi, and in a despatch to him the new colonial minister,
+M. Andre Lebon, wrote that the Marchand mission was not to be considered
+a military enterprise, it being sent out with the intention of
+maintaining the political line which for two years M. Liotard had
+persistently been following, and of which the establishment of France in
+the basin of the Nile ought to be the crowning reward. Two days later,
+on the 25th of June 1896, Captain Marchand embarked for Africa. This is
+not the place for a description of his adventures in crossing the
+continent or when he encountered General Kitchener at Fashoda, two
+months after his arrival there in July 1898 and a fortnight after the
+battle of Omdurman and the capture of Khartoum. The news was made known
+to Europe by the sirdar's telegrams to the British government in
+September announcing the presence of the French mission at Fashoda. Then
+ensued a period of acute tension between the French and English
+governments, which gave the impression to the public that war between
+the two countries was inevitable. But those who were watching the
+situation in France on the spot knew that there was no question of
+fighting. France was unprepared, and was also involved in the toils of
+the Dreyfus affair. Had the situation been that of a year later, when
+the French domestic controversy was ending and the Transvaal War
+beginning, England might have been in a very difficult position. General
+Kitchener declined to recognize a French occupation of any part of the
+Nile valley. A long discussion ensued between the British and French
+governments, which was ended by the latter deciding on the 6th of
+November 1898 not to maintain the Marchand mission at Fashoda. Captain
+Marchand refused to return to Europe by way of the Nile and Lower Egypt,
+marching across Abyssinia to Jibuti in French Somaliland, where he
+embarked for France. He was received with well-merited enthusiasm in
+Paris. But the most remarkable feature of his reception was that the
+ministry became so alarmed lest the popularity of the hero of Fashoda
+should be at the expense of that of the parliamentary republic, that it
+put an end to the public acclamations by despatching him secretly from
+the capital--a somewhat similar treatment having been accorded to
+General Dodds in 1893 on his return to France after conquering Dahomey.
+The Marchand mission had little effect on African questions at issue
+between France and Great Britain, as a great settlement had been
+effected while it was on its way across the continent. On the 14th of
+June 1898, the day before the fall of the Meline ministry, when M.
+Hanotaux finally quitted the Quai d'Orsay, a convention of general
+delimitation was signed at Paris by that minister and by the British
+ambassador, Sir Edmund Monson, which as regards the respective claims of
+England and France covered in its scope the whole of the northern half
+of Africa from Senegambia and the Congo to the valley of the Nile.
+Comparatively little attention was paid to it amid the exciting events
+which followed, so little that M. de Courcel has officially recorded
+that three months later, on the eve of the Fashoda incident, Lord
+Salisbury declared to him that he was not sufficiently acquainted with
+the geography of Africa to express an opinion on certain questions of
+delimitation arising out of the success of the British expedition on the
+Upper Nile. The convention of June 1898 was, however, of the highest
+importance, as it affirmed the junction into one vast territory of the
+three chief African domains of France, Algeria and Tunis, Senegal and
+the Niger, Chad and the Congo, thus conceding to France the whole of the
+north-western continent with the exception of Morocco, Liberia and the
+European colonies on the Atlantic. This arrangement, which was completed
+by an additional convention on the 21st of March 1899, made Morocco a
+legitimate object of French ambition.
+
+
+  The entente with England.
+
+The other questions which caused mutual animosity between England and
+France in the decline of the 19th century had nothing whatever to do
+with their conflicting international interests. The offensive attitude
+of the English press towards France on account of the Dreyfus affair was
+repaid by the French in their criticism of the Boer War. When those
+sentimental causes of mutual irritation had become less acute, the press
+of the two countries was moved by certain influences to recognize that
+it was in their interest to be on good terms with one another. The
+importance of their commercial relations was brought into relief as
+though it were a new fact. At last in 1903 state visits between the
+rulers of England and of France took place in their respective capitals,
+for the first time since the early days of the Second Empire, followed
+by an Anglo-French convention signed on the 8th of April 1904. By this
+an arrangement was come to on outstanding questions of controversy
+between England and France in various parts of the world. France
+undertook not to interfere with the action of England in Egypt, while
+England made a like undertaking as to French influence in Morocco.
+France conceded certain of its fishing rights in Newfoundland which had
+been a perpetual source of irritation between the two countries for
+nearly two hundred years since the treaty of Utrecht of 1713. In return
+England made several concessions to France in Africa, including that of
+the Los Islands off Sierra Leone and some rectifications of frontier on
+the Gambia and between the Niger and Lake Chad. Other points of
+difference were arranged as to Siam, the New Hebrides and Madagascar.
+The convention of 1904 was on the whole more advantageous for England
+than for France. The free hand which England conceded to France in
+dealing with Morocco was a somewhat burdensome gift owing to German
+interference; but the incidents which arose from the Franco-German
+conflict in that country are as yet too recent for any estimate of their
+possible consequences.
+
+
+  The work of M. Delcasse.
+
+One result was the retirement of M. Delcasse from the foreign office on
+the 6th of June 1905. He had been foreign minister for seven years, a
+consecutive period of rare length, only once exceeded in England since
+the creation of the office, when Castlereagh held it for ten years, and
+one of prodigious duration in the history of the Third Republic. He
+first went to the Quai d'Orsay in the Brisson ministry of June 1898,
+remained there during the Dupuy ministry of the same year, was
+reappointed by M. Waldeck-Rousseau in his cabinet which lasted from June
+1899 to June 1902, was retained in the post by M. Combes till his
+ministry fell in January 1905, and again by his successor M. Rouvier
+till his own resignation in June of that year. M. Delcasse had thus an
+uninterrupted reign at the foreign office during a long critical period
+of transition both in the interior politics of France and in its
+exterior relations. He went to the Quai d'Orsay when the Dreyfus
+agitation was most acute, and left it when parliament was absorbed in
+discussing the separation of church and state. He saw the Franco-Russian
+alliance lose its popularity in the country even before the Russian
+defeat by the Japanese in the last days of his ministry. Although in the
+course of his official duties at the colonial office he had been partly
+responsible for some of the expeditions sent to Africa for the purpose
+of checking British influence, he was fully disposed to pursue a policy
+which might lead to a friendly understanding with England. In this he
+differed from M. Hanotaux, who was essentially the man of the
+Franco-Russian alliance, owing to it much of his prestige, including his
+election to the French Academy, and Russia, to which he gave exclusive
+allegiance, was then deemed to be primarily the enemy of England. M.
+Delcasse on the contrary, from the first, desired to assist a
+_rapprochement_ between England and Russia as preliminary to the
+arrangement he proposed between England and France. He was foreign
+minister when the tsar paid his second visit to France, but there was no
+longer the national unanimity which welcomed him in 1896, M. Delcasse
+also accompanied President Loubet to Russia when he returned the tsar's
+second visit in 1902. But exchange of compliments between France and
+Russia were no longer to be the sole international ceremonials within
+the attributes of the French foreign office; M. Delcasse was minister
+when the procession of European sovereigns headed by the kings of
+England and of Italy in 1903 came officially to Paris, and he went with
+M. Loubet to London and to Rome on the president's return visits to
+those capitals--the latter being the immediate cause of the rupture of
+the concordat with the Vatican, though M. Delcasse was essentially a
+concordatory minister. His retirement from the Rouvier ministry in June
+1905 was due to pressure from Germany in consequence of his opposition
+to German interference in Morocco. His resignation took place just a
+week after the news had arrived of the destruction of the Russian fleet
+by the Japanese, which completed the disablement of the one ally of
+France. The impression was current in France that Germany wished to give
+the French nation a fright before the understanding with England had
+reached an effective stage, and it was actually believed that the
+resignation of M. Delcasse averted a declaration of war. Although that
+belief revived to some extent the fading enmity of the French towards
+the conquerors of Alsace-Lorraine, the fear which accompanied it moved a
+considerable section of the nation to favour an understanding with
+Germany in preference to, or even at the expense of, friendly relations
+with England. M. Clemenceau, who only late in life came into office, and
+attained it at the moment when a better understanding with England was
+progressing, had been throughout his long career, of all French public
+men in all political groups, the most consistent friend of England. His
+presence at the head of affairs was a guarantee of amicable Anglo-French
+relations, so far as they could be protected by statesmanship.
+
+By reason of the increased duration and stability of ministries, the
+personal influence of ministers in directing the foreign policy of
+France has in one sense become greater in the 20th century than in those
+earlier periods when France had first to recuperate its strength after
+the war and then to take its exterior policy from Germany. Moreover, not
+only have cabinets lasted longer, but the foreign minister has often
+been retained in a succession of them. Of the thirty years which in 1909
+had elapsed since Marshal MacMahon retired and the republic was governed
+by republicans, in the first fifteen years from 1879 to 1894 fourteen
+different persons held the office of minister of foreign affairs, while
+six sufficed for the fifteen years succeeding the latter date. One must
+not, however, exaggerate the effect of this greater stability in
+office-holding upon continuity of policy, which was well maintained even
+in the days when there was on an average a new foreign minister every
+year. Indeed the most marked breach in the continuity of the foreign
+policy of France has been made in that later period of long terms of
+office, which, with the repudiation of the Concordat, has seen the
+withdrawal of the French protectorate over Roman Catholic missions in
+the East--though it is too soon to estimate the result. In another
+respect France has under the republic departed a long way from a
+tradition of the Quai d'Orsay. It no longer troubles itself on the
+subject of nationalities. Napoleon III., who had more French temperament
+than French blood in his constitution, was an idealist on this question,
+and one of the causes of his own downfall and the defeat of France was
+his sympathy in this direction with German unity. Since Sedan little has
+been done in France to further the doctrine of nationalities. A faint
+echo of it was heard during the Boer war, but French sympathy with the
+struggling Dutch republics of South Africa was based rather on
+anti-English sentiment than on any abstract theory.     (J. E. C. B.)
+
+  BIBLIOGRAPHY OF FRENCH HISTORY.--The scientific study of the history
+  of France only begins with the 16th century. It was hampered at first
+  by the traditions of the middle ages and by a servile imitation of
+  antiquity. Paulus Aemilius of Verona (_De rebus gestis Francorum_,
+  1517), who may be called the first of modern historians, merely
+  applies the oratorical methods of the Latin historiographers. It is
+  not till the second half of the century that history emancipates
+  itself; Catholics and Protestants alike turn to it for arguments in
+  their religious and political controversies. Francois Hotman published
+  (1574) his _Franco-Gallia_; Claude Fauchet his _Antiquites gauloises
+  et francoises_ (1579); Etienne Pasquier his _Recherches de la France_
+  (1611), "the only work of erudition of the 16th century which one can
+  read through without being bored." Amateurs like Petau, A. de Thou,
+  Bongars and Peiresc collected libraries to which men of learning went
+  to draw their knowledge of the past; Pierre Pithou, one of the authors
+  of the _Satire Menippee_, published the earliest annals of France
+  (_Annales Francorum_, 1588, and _Historiae Francorum scriptores
+  coetanei XI._, 1596), Jacques Bongars collected in his _Gesta Dei per
+  Francos_ (1611-1617) the principal chroniclers of the Crusades. Others
+  made a study of chronology like J.J. Scaliger (_De emendatione
+  temporum_, 1583; _Thesaurus temporum_, 1606), sketched the history of
+  literature, like Francois Grude, sieur of La Croix in Maine
+  (_Bibliotheque francoise_, 1584), and Antoine du Verdier (_Catalogue
+  de tous les auteurs qui ont ecrit ou traduit en francais_, 1585), or
+  discussed the actual principles of historical research, like Jean
+  Bodin (_Methodus ad facilem historiarum cognitionem_, 1566) and Henri
+  Lancelot Voisin de La Popeliniere (_Histoire des histoires_, 1599).
+
+  But the writers of history are as yet very inexpert; the _Histoire
+  generale des rois de France_ of Bernard de Girard, seigneur de Haillan
+  (1576), the _Grandes Annales de France_ of Francois de Belleforest
+  (1579), the _Inventaire general de l'histoire de France_ of Jean de
+  Serres (1597), the _Histoire generale de France depuis Pharamond_ of
+  Scipion Dupleix (1621-1645), the _Histoire de France_ (1643-1651) of
+  Francois Eudes de Mezeray, and above all his _Abrege chronologique de
+  l'histoire de France_ (1668), are compilations which were eagerly
+  read when they appeared, but are worthless nowadays. Historical
+  research lacked method, leaders and trained workers; it found them all
+  in the 17th century, the golden age of learning which was honoured
+  alike by laymen, priests and members of the monastic orders,
+  especially the Benedictines of the congregation of St Maur. The
+  publication of original documents was carried on with enthusiasm. To
+  Andre Duchesne we owe two great collections of chronicles: the
+  _Historiae Normannorum scriptores antiqui_ (1619) and the _Historiae
+  Francorum scriptores_, continued by his son Francois (5 vols.,
+  1636-1649). These publications were due to a part only of his
+  prodigious activity; his papers and manuscripts, preserved in the
+  Bibliotheque Nationale at Paris, are an inexhaustible mine. Charles du
+  Fresne, seigneur du Cange, published Villehardouin (1657) and
+  Joinville (1668); Etienne Baluze, the _Capitularia regum Francorum_
+  (1674), the _Nova collectio conciliorum_ (1677), the _Vitae paparum
+  Avenionensium_ (1693). The clergy were very much aided in their work
+  by their private libraries and by their co-operation; Pere Philippe
+  Labbe published his _Bibliotheca nova manuscriptorum_ (1657), and
+  began (1671) his _Collection des conciles_, which was successfully
+  completed by his colleague Pere Cossart (18 vols.). In 1643 the Jesuit
+  Jean Bolland brought out vol. i. of the _Acta sanctorum_, a vast
+  collection of stories and legends which has not yet been completed
+  beyond the 4th of November. (See BOLLANDISTS.) The Benedictines, for
+  their part, published the _Acta sanctorum ordinis sancti Benedicti_ (9
+  vols., 1668-1701). One of the chief editors of this collection, Dom
+  Jean Mabillon, published on his own account the Vetera analecta (4
+  vols., 1675-1685) and prepared the _Annales ordinis sancti Benedicti_
+  (6 vols., 1703-1793). To Dom Thierri Ruinart we owe good editions of
+  Gregory of Tours and Fredegarius (1699). The learning of the 17th
+  century further inaugurated those specialized studies which are
+  important aids to history. Mabillon in his _De re diplomatica_ (1681)
+  creates the science of documents or diplomatics. Adrien de Valois lays
+  a sound foundation for historical geography by his critical edition of
+  the _Notitia Galliarum_ (1675). Numismatics finds an enlightened
+  pioneer in Francois Leblanc (_Traite historique des monnaies de
+  France_, 1690). Du Cange, one of the greatest of the French scholars
+  who have studied the middle ages, has defined terms bearing on
+  institutions in his _Glossarium mediae et infimae latinitatis_ (1678),
+  recast by the Benedictines (1733), with an important supplement by Dom
+  Carpentier (1768), republished twice during the 19th century, with
+  additions, by F. Didot (1840-1850), and by L. Favre at Niort
+  (1883-1888); this work is still indispensable to every student of
+  medieval history. Finally, great biographical or bibliographical works
+  were undertaken; the _Gallia christiana_, which gave a chronological
+  list of the archbishops, bishops and abbots of the Gauls and of
+  France, was compiled by two twin brothers, Scevole and Louis de
+  Sainte-Marthe, and by the two sons of Louis (4 vols., 1656); a fresh
+  edition, on a better plan, and with great additions, was begun in 1715
+  by Denys de Sainte-Marthe, continued throughout the 18th century by
+  the Benedictines, and finished in the 19th century by Barthelemy
+  Haureau (1856-1861).
+
+  As to the nobility, a series of researches and publications, begun by
+  Pierre d'Hozier (d. 1660) and continued well on into the 19th century
+  by several of his descendants, developed into the _Armorial general de
+  la France_, which was remodelled several times. A similar work, of a
+  more critical nature, was carried out by Pere Anselme (_Histoire
+  genealogique de la maison de France et des grands officiers de la
+  couronne_, 1674) and by Pere Ange and Pere Simplicien, who completed
+  the work (3rd ed. in 9 vols., 1726-1733). Critical bibliography is
+  especially represented by certain Protestants, expelled from France by
+  the revocation of the Edict of Nantes. Pierre Bayle, the sceptic,
+  famous for his _Dictionnaire critique_ (1699), which is in part a
+  refutation of the _Dictionnaire historique et geographique_ published
+  in 1673 by the Abbe Louis Moreri, was the first to publish the
+  _Nouvelles de la republique des lettres_ (1684-1687), which was
+  continued by Henri Basnage de Beauval under the title of _Histoire des
+  ouvrages des savants_ (24 vols.). In imitation of this, Jean Le Clerc
+  successively edited a _Bibliotheque universelle et historique_
+  (1686-1693), a _Bibliotheque choisie_ (1703-1713), and a _Bibliotheque
+  ancienne et moderne_ (1714-1727). These were the first of our
+  "periodicals."
+
+  The 18th century continues the traditions of the 17th. The
+  Benedictines still for some time hold the first place. Dom Edmond
+  Martene visited numerous archives (which were then closed) in France
+  and neighbouring countries, and drew from them the material for two
+  important collections: _Thesaurus novus anecdotorum_ (9 vols., 1717,
+  in collaboration with Dom Ursin Durand) and _Veterum scriptorum
+  collectio_ (9 vols., 1724-1733). Dom Bernard de Montfaucon also
+  travelled in search of illustrated records of antiquity; private
+  collections, among others the celebrated collection of Gaignieres (now
+  in the Bibliotheque Nationale), provided him with the illustrations
+  which he published in his _Monuments de la monarchie francoise_ (5
+  vols., 1729-1733). The text is in two languages, Latin and French. Dom
+  Martin Bouquet took up the work begun by the two Duchesnes, and in
+  1738 published vol. i. of the Historians of France (_Rerum Gallicarum
+  et Francicarum scriptores_), an enormous collection which was intended
+  to include all the sources of the history of France, grouped under
+  centuries and reigns. He produced the first eight volumes himself; his
+  work was continued by several collaborators, the most active of whom
+  was Dom Michel J. Brial, and already comprised thirteen volumes when
+  it was interrupted by the Revolution. In 1733, Antoine Rivet de La
+  Grange produced vol. i. of the _Histoire litteraire de la France_,
+  which in 1789 numbered twelve volumes. While Dom C. Francois Toustaint
+  and Dom Rene Prosper Tassin published a _Nouveau Traite de
+  diplomatique_ (6 vols., 1750-1765), others were undertaking the _Art
+  de verifier les dates_ (1750; new and much enlarged edition in 1770).
+  Still others, with more or less success, attempted histories of the
+  provinces.
+
+  In the second half of the 18th century, the ardour of the Benedictines
+  of St Maur diminished, and scientific work passed more and more into
+  the hands of laymen. The Academie des Inscriptions et Belles-lettres,
+  founded in 1663 and reorganized in 1701, became its chief instrument,
+  numbering among its members Denis Francois Secousse, who continued the
+  collection of _Ordonnances des rois de France_, begun (1723) by J. de
+  Lauriere; J.-B. de La Curne de Sainte Palaye (_Memoires sur l'ancienne
+  chevalerie_, 1759-1781; _Glossaire de la langue francaise depuis son
+  origine jusqu'a la fin de Louis XIV_, printed only in 1875-1882);
+  J.-B. d'Anville (_Notice sur l'ancienne Gaule tiree des monuments_,
+  1760); and L.G. de Brequigny, the greatest of them all, who continued
+  the publication of the _Ordonnances_, began the _Table chronologique
+  des diplomes concernant l'histoire de France_ (3 vols., 1769-1783),
+  published the _Diplomata, chartae, ad res Francicas spectantia_ (1791,
+  with the collaboration of La Porte du Theil), and directed fruitful
+  researches in the archives in London, to enrich the _Cabinet des
+  chartes_, where Henri Bertin (1719-1792), an enlightened minister of
+  Louis XV., had in 1764 set himself the task of collecting the
+  documentary sources of the national history. The example set by the
+  religious orders and the government bore fruit. The general assembly
+  of the clergy gave orders that its _Proces verbaux_ (9 vols.,
+  1767-1789) should be printed; some of the provinces decided to have
+  their history written, and mostly applied to the Benedictines to have
+  this done. Brittany was treated by Dom Lobineau (1707) and Dom Morice
+  (1742); the duchy of Burgundy by Dom Urbain Plancher (1739-1748);
+  Languedoc by Dom Dominique Vaissete (1730-1749, in collaboration with
+  Dom Claude de Vic; new ed. 1873-1893); for Paris, its secular history
+  was treated by Dom Michel Felibien and Dom Lobineau (1725), and its
+  ecclesiastical history by the abbe Lebeuf (1745-1760; new ed.
+  1883-1890).
+
+  This ever-increasing stream of new evidence aroused curiosity, gave
+  rise to pregnant comparisons, developed and sharpened the critical
+  sense, but further led to a more and more urgent need for exact
+  information. The Academie des Inscriptions brought out its _Histoire
+  de l'Academie avec les memoires de litterature tires de ses registres_
+  (vol. i. 1717; 51 vols. appeared before the Revolution, with five
+  indexes; _vide_ the _Bibliographie_ of Lasteyrie, vol. iii. pp. 256 et
+  seq.). Other collections, mostly of the nature of bibliographies, were
+  the _Journal des savants_ (111 vols., from 1665 to 1792; _vide_ the
+  _Table methodique_ by H. Cocheris, 1860); the _Journal de Trevoux_, or
+  _Memoires pour l'histoire des sciences et des beaux-arts_, edited by
+  Jesuits (265 vols., 1701-1790); the _Mercure de France_ (977 vols.,
+  from 1724 to 1791). To these must be added the dictionaries and
+  encyclopaedias: the _Dictionnaire de Moreri_, the last edition of
+  which numbers 10 vols. (1759); the _Dictionnaire geographique,
+  historique et politique des Gaules et de la France_, by the abbe J.J.
+  Expilly (6 vols., 1762-1770; unfinished); the _Repertoire universel et
+  raisonne de jurisprudence civile, criminelle, canonique et
+  beneficiale_, by Guyot (64 vols., 1775-1786; supplement in 17 vols.,
+  1784-1785), reorganized and continued by Merlin de Douai, who was
+  afterwards one of the _Montagnards_, a member of the Directory, and a
+  count under the Empire.
+
+  The historians did not use to the greatest advantage the treasures of
+  learning provided for them; they were for the most part superficial,
+  and dominated by their political or religious prejudices. Thus works
+  like that of Pere Gabriel Daniel (_Histoire de France_, 3 vols.,
+  1713), of President Henault (_Abrege chronologique_, 1744; 25 editions
+  between 1770 and 1834), of the abbe Paul Francois Velly and those who
+  completed his work (_Histoire de France_, 33 vols., 1765 to 1783), of
+  G.H. Gaillard (_Histoire de la rivalite de la France et de
+  l'Angleterre_, 11 vols., 1771-1777), and of L.P. Anquetil (1805), in
+  spite of the brilliant success with which they met at first, have
+  fallen into a just oblivion. A separate place must be given to the
+  works of the theorists and philosophers: _Histoire de l'ancien
+  gouvernement de la France_, by the Comte de Boulainvilliers (1727),
+  _Histoire critique de l'etablissement de la monarchie francoise dans
+  les deux Gaules_, by the abbe J.B. Dubos (1734); _L'Esprit des lois_,
+  by the president de Montesquieu (1748); the _Observations sur
+  l'histoire de France_, by the abbe de Mably (1765); the _Theorie de la
+  politique de la monarchie francaise_, by Marie Pauline de Lezardiere
+  (1792). These works have, if nothing else, the merit of provoking
+  reflection.
+
+  At the time of the Revolution this activity was checked. The religious
+  communities and royal academies were suppressed, and France violently
+  broke with even her most recent past, which was considered to belong
+  to the _ancien regime_. When peace was re-established, she began the
+  task of making good the damage which had been done, but a greater
+  effort was now necessary in order to revive the spirit of the
+  institutions which had been overthrown. The new state, which was, in
+  spite of all, bound by so many ties to the former order of things,
+  seconded this effort, and during the whole of the 19th century, and
+  even longer, had a strong influence on historical production. The
+  section of the Institut de France, which in 1816 assumed the old name
+  of Academie des Inscriptions et Belles-lettres, began to reissue the
+  two series of the _Memoires_ and of the _Notices et extraits des
+  manuscrits tires de la bibliotheque royale_ (the first volume had
+  appeared in 1787); began (1844) that of the _Memoires presentes par
+  divers savants_ and the _Comptes rendus_ (subject index 1857-1900, by
+  G. Ledos, 1906); and continued the _Recueil des historiens de France_,
+  the plan of which was enlarged by degrees (_Historiens des croisades,
+  obituaires, pouilles, comptes_, &c.), the _Ordonnances_ and the _Table
+  chronologique des diplomes_. During the reign of Louis Philippe, the
+  ministry of the interior reorganized the administration of the
+  archives of the departments, communes and hospitals, of which the
+  _Inventaires sommaires_ are a mine of precious information (see the
+  _Rapport au ministre_, by G. Servois, 1902). In 1834 the ministry of
+  public instruction founded a committee, which has been called since
+  1881 the Comite des Travaux historiques et scientifiques, under the
+  direction of which have been published: (1) the _Collection des
+  documents inedits relatifs a l'histoire de France_ (more than 260
+  vols. have appeared since 1836); (2) the _Catalogue general des
+  manuscrits des bibliotheques de France_; (3) the _Dictionnaires
+  topographiques_ (25 vols. have appeared); and the _Repertoires
+  archeologiques_ of the French departments (8 vols. between 1861 and
+  1888); (4) several series of _Bulletins_, the details of which will be
+  found in the _Bibliographie_ of Lasteyrie. At the same time were
+  founded or reorganized, both in Paris and the departments, numerous
+  societies, devoted sometimes partially and sometimes exclusively to
+  history and archaeology; the Academie Celtique (1804), which in 1813
+  became the Societe des Antiquaires de France (general index by M.
+  Prou, 1894); the Societe de l'Histoire de France (1834); the Societe
+  de l'Ecole des Chartes (1839); the Societe de l'Histoire de Paris et
+  de l'Ile-de-France (1874; four decennial indexes), &c. The details
+  will be found in the excellent _Bibliographie generale des travaux
+  historiques et archeologiques publies par les societes savantes de
+  France_, which has appeared since 1885 under the direction of Robert
+  de Lasteyrie.
+
+  Individual scholars also associated themselves with this great
+  literary movement. Guizot published a _Collection de memoires relatifs
+  a l'histoire de France_ (31 vols., 1824-1835); Buchon, a _Collection
+  des chroniques nationales francaises ecrites en langue vulgaire du
+  XIII^e au XVI^e siecle_ (47 vols., 1824-1829), and a _Choix de
+  chroniques et memoires sur l'histoire de France_ (14 vols.,
+  1836-1841); Petitot and Monmerque, a _Collection de memoires relatifs
+  a l'histoire de France_ (131 vols., 1819-1829); Michaud and Poujoulat,
+  a _Nouvelle Collection de memoires pour servir a l'histoire de France_
+  (32 vols., 1836-1839); Barriere and de Lescure, a _Bibliotheque de
+  memoires relatifs a l'histoire de France pendant le XVIII^e siecle_
+  (30 vols., 1855-1875); and finally Berville and Barriere, a
+  _Collection des memoires relatifs a la Revolution Francaise_ (55
+  vols., 1820-1827). The details are to be found in the _Sources de
+  l'histoire de France_, by Alfred Franklin (1876). The abbe J.P. Migne
+  in his _Patrologia Latina_ (221 vols., 1844-1864), re-edited a number
+  cf texts anterior to the 13th century. Under the second empire, the
+  administration of the imperial archives at Paris published ten volumes
+  of documents (_Monuments historiques_, 1866; _Layettes du tresor des
+  chartes_, 1863, which were afterwards continued up to 1270; _Actes du
+  parlement de Paris_, 1863-1867), not to mention several volumes of
+  _Inventaires_. The administration of the Bibliotheque imperiale had
+  printed the _Catalogue general de l'histoire de France_ (10 vols.,
+  1855-1870; vol. xi., containing the alphabetical index to the names of
+  the authors, appeared in 1895). Other countries also supplied a number
+  of useful texts; there is much in the English Rolls series, in the
+  collection of _Chroniques belges_, and especially in the _Monumenta
+  Germaniae historica_.
+
+  At the same time the scope of history and its auxiliary sciences
+  becomes more clearly defined; the Ecole des Chartes produces some
+  excellent palaeographers, as for instance Natalis de Wailly (_Elements
+  de paleographie_, 1838), and L. Delisle (q.v.), who has also left
+  traces of his profound researches in the most varied departments of
+  medieval history (_Bibliographie des travaux de M. Leopold Delisle_,
+  1902); Anatole de Barthelemy made a study of coins and medals, Douet
+  d'Arcq and G. Demay of seals. The works of Alexandre Lenoir (_Musee
+  des monuments francais_, 1800-1822), of Arcisse de Caumont (_Histoire
+  de l'architecture du moyen age_, 1837; _Abecedaire ou rudiment
+  d'archeologie_, 1850), of A. Napoleon Didron (_Annales
+  archeologiques_, 1844), of Jules Quicherat (_Melanges d'archeologie et
+  d'histoire_, published after his death, 1886), and the dictionaries of
+  Viollet le Duc (_Dictionnaire raisonne de l'architecture francaise_,
+  1853-1868; _Dictionnaire du mobilier francais_, 1855) displayed to the
+  best advantage one of the most brilliant sides of the French
+  intellect, while other sciences, such as geology, anthropology, the
+  comparative study of languages, religions and folk-lore, and political
+  economy, continued to enlarge the horizon of history. The task of
+  writing the general history of a country became more and more
+  difficult, especially for one man, but the task was none the less
+  undertaken by several historians, and by some of eminence. Francois
+  Guizot treated of the _Histoire de la civilisation en France_
+  (1828-1830); Augustin Thierry after the _Recits des temps
+  merovingiens_ (1840) published the _Monuments de l'histoire du tiers
+  etat_ (1849-1856), the introduction to which was expanded into a book
+  (1855); Charles Simonde de Sismondi produced a mediocre _Histoire des
+  francais_ in 31 vols. (1821-1844), and Henri Martin a _Histoire de
+  France_ in 16 vols. (1847-1854), now of small use except for the two
+  or three last centuries of the _ancien regime_. Finally J. Michelet,
+  in his _Histoire de France_ (17 vols., 1833-1856) and his _Histoire de
+  la Revolution_ (7 vols., 1847-1853), aims at reviving the very soul of
+  the nation's past.
+
+  After the Franco-German War begins a better organization of scientific
+  studies, modelled on that of Germany. The Ecole des Hautes Etudes,
+  established in 1868, included in its programme the critical study of
+  the sources, both Latin and French, of the history of France; and from
+  the _seminaire_ of Gabriel Monod came men of learning, already
+  prepared by studying at the Ecole des Chartes: Paul Viollet, who
+  revived the study of the history of French law; Julien Havet, who
+  revived that of Merovingian diplomatics; Arthur Giry, who resumed the
+  study of municipal institutions where it had been left by A. Thierry,
+  prepared the _Annales carolingiennes_ (written by his pupils, Eckel,
+  Favre, Lauer, Lot, Poupardin), and brought back into honour the study
+  of diplomatics (_Manuel de diplomatique_, 1894); Auguste Molinier,
+  author of the _Sources de l'histoire de France_ (1902-1904; general
+  index, 1906), &c. Auguste Longnon introduced at the Ecole des Hautes
+  Etudes the study of historical geography (_Atlas historique de la
+  France_, in course of publication since 1888). The universities, at
+  last reorganized, popularized the employment of the new methods. The
+  books of Fustel de Coulanges and Achille Luchaire on the middle ages,
+  and those of A. Aulard on the revolution, gave a strong, though
+  well-regulated, impetus to historical production. The Ecole du Louvre
+  (1881) increased the value of the museums and placed the history of
+  art among the studies of higher education, while the Musee
+  archeologique of St-Germain-en-Laye offered a fruitful field for
+  research on Gallic and Gallo-Roman antiquities. Rich archives,
+  hitherto inaccessible, were thrown open to students; at Rome those of
+  the Vatican (_Registres pontificaux_, published by students at the
+  French school of archaeology, since 1884); at Paris, those of the
+  Foreign Office (_Recueil des instructions donnees aux ambassadeurs
+  depuis le traite de Westphalie_, 16 vols., 1885-1901; besides various
+  collections of diplomatic papers, inventories, &c.). Those of the War
+  Office were used by officers who published numerous documents bearing
+  on the wars of the Revolution and the Empire, and on that of
+  1870-1871. In 1904 a commission, generously endowed by the French
+  parlement, was entrusted with the task of publishing the documents
+  relating to economic and social life of the time of the Revolution,
+  and four volumes had appeared by 1908. Certain towns, Paris, Bordeaux,
+  &c., have made it a point of honour to have their chief historical
+  monuments printed. The work now becomes more and more specialized.
+  _L'Histoire de France_, by Ernest Lavisse (1900, &c.), is the work of
+  fifteen different authors. It is therefore more than ever necessary
+  that the work should be under sound direction. The _Manuel de
+  bibliographie historique_ of Ch. V. Langlois (2nd edition, 1901-1904)
+  is a good guide, as is his _Archives de l'histoire de France_ (1891,
+  in collaboration with H. Stein).
+
+  Besides the special bibliographies mentioned above, it will be useful
+  to consult the _Bibliotheque historique_ of Pere Jacques Lelong (1719;
+  new ed. by Fevret de Fontette, 5 vols., 1768-1778); the _Geschichte
+  der historischen Forschung und Kunst_ of Ludwig Wachler (2 vols.,
+  1812-1816); the _Bibliographie de la France_, established in 1811 (1st
+  series, 1811-1856, 45 vols.; 2nd series, 1 vol. per annum since 1857);
+  the publications of the Societe de Bibliographie (_Polybiblion_, from
+  1868 on, &c.); the _Bibliographie de l'histoire de France_, by Gabriel
+  Monod (1888); the _Repertoire_ of the abbe Ulysse Chevalier
+  (_Biobibliographie_; new ed. 1903-1907; and _Topobibliographie_,
+  1894-1899). Bearing exclusively on the middle ages are the
+  _Bibliotheca historica medii aevi_ of August Potthast (new ed. 1896)
+  and the _Manuel_ (_Les Sources de l'histoire de France_, 1901, &c.) of
+  A. Molinier; but the latter is to be continued up to modern times, the
+  16th century having already been begun by Henri Hausser (1st part,
+  1906). Finally, various special reviews, besides teaching historical
+  method by criticism and by example, try to keep their readers _au
+  courant_ with literary production; the _Revue critique d'histoire et
+  de litterature_ (1866 fol.), the _Revue des questions historiques_
+  (1866 fol.), the _Revue historique_ (1876 fol.), the _Revue d'histoire
+  moderne et contemporaine_, accompanied annually by a valuable
+  _Repertoire methodique_ (1898 fol.); the _Revue de synthese
+  historique_ (1900 fol.), &c.     (C. B.*)
+
+
+FRENCH LAW AND INSTITUTIONS
+
+_Celtic Period._--The remotest times to which history gives us access
+with reference to the law and institutions formerly existing in the
+country which is now called France are those in which the dominant race
+at least was Celtic. On the whole, our knowledge is small of the law and
+institutions of these Celts, or Gauls, whose tribes constituted
+independent Gaul. For their reconstruction, modern scholars draw upon
+two sources; firstly, there is the information furnished by the
+classical writers and by Caesar and Strabo in particular, which is
+trustworthy but somewhat scanty; the other source, which is not so pure,
+consists in the accounts found in those legal works of the middle ages
+written in the neo-Celtic dialects, the most important and the greater
+number of which belong to Ireland. A reconstruction from them is always
+hazardous, however delicate and scientific be the criticism which is
+brought to bear on it, as in the case of d'Arbois de Jubainville, for
+example. Moreover, in the historical evolution of French institutions
+those of the Celts or Gauls are of little importance. Not one of them
+can be shown to have survived in later law. What has survived of the
+Celtic race is the blood and temperament, still found in a great many
+Frenchmen, certain traits which the ancients remarked in the Gauls being
+still recognizable: _bellum gerere et argute loqui_.
+
+_Roman Period._--It was the Roman conquest and rule which really formed
+Gaul, for she was Romanized to the point of losing almost completely
+that which persists most stubbornly in a conquered nation, namely, the
+language; the Breton-speaking population came to France later, from
+Britain. The institutions of Roman Gaul became identical with those of
+the Roman empire, provincial and municipal government undergoing the
+same evolution as in the other parts of the empire. It was under Roman
+supremacy too, as M. d'Arbois de Jubainville has shown, that the
+ownership of land became personal and free in Gaul. The law for the
+Gallo-Romans was that which was administered by the _conventus_ of the
+magistrate; there are only a few peculiarities, mere Gallicisms,
+resulting from conventions or usage, which are pointed out by Roman
+jurisconsults of the classical age. The administrative reforms of
+Diocletian and Constantine applied to Gaul as to the rest of the empire.
+Gaul under this rule consisted of seventeen provinces, divided between
+two dioceses, ten in the diocese of the Gauls, under the authority of
+the praetorian prefect, who resided at Treves; and the other seven in
+the _dioecesis septem provinciarum_, under the authority of a
+_vicarius_. The Gallo-Romans became Christian with the other subjects of
+the empire; the Church extended thither her powerful organization
+modelled on the administrative organization, each _civitas_ having a
+bishop, just as it had a _curia_ and municipal magistrates. But,
+although endowed with privileges by the Christian emperors, the Church
+did not yet encroach upon the civil power. She had the right of
+acquiring property, of holding councils, subject to the imperial
+authority, and of the free election of bishops. But only the first germs
+of ecclesiastical jurisdiction are to be traced. In virtue of the laws,
+the bishops were privileged arbitrators, and in the matter of public
+sins exercised a disciplinary jurisdiction over the clergy and the
+faithful. In the second half of the 4th century, monasteries appeared in
+Gaul. After the fall of the Western empire, there was left to the
+Gallo-Romans as an expression of its law, which was also theirs, a
+written legislation. It consisted of the imperial constitutions,
+contained in the Gregorian, Hermogenian and Theodosian codes (the two
+former being private compilations, and the third an official
+collection), and the writings of the five jurists (Gaius, Papinian,
+Paulus, Ulpian and Modestinus), to which Valentinian III. had in 426
+given the force of law.
+
+_The Barbarian Invasion._--The invasions and settlements of the
+barbarians open a new period. Though there were robbery and violence in
+every case, the various barbarian kingdoms set up in Gaul were
+established under different conditions. In those of the Burgundians and
+Visigoths, the owners of the great estates, which had been the
+prevailing form of landed property in Roman Gaul, suffered partial
+dispossession, according to a system the rules regulating which can, in
+the case of the Burgundians, be traced almost exactly. It is doubtful
+whether a similar process took place in the case of the Frankish
+settlements, but their first conquests in the north and east seem to
+have led to the extermination or total expulsion of the Gallo-Roman
+population. It is impossible to say to what extent, in these various
+settlements, the system of collective property prevailing among the
+Germanic tribes was adopted. Another important difference was that, in
+embracing Christianity, some of the barbarians became Arians, as in the
+case of the Visigoths and Burgundians; others Catholic, as in the case
+of the Franks. This was probably the main cause of the absorption of the
+other kingdoms into the Frankish monarchy. In each case, however, the
+barbarian king appeared as wishing not to overthrow the Roman
+administration, but to profit by its continuation. The kings of the
+Visigoths and Burgundians were at first actually representatives of the
+Western empire, and Clovis himself was ready to accept from the emperor
+Anastasius the title of consul; but these were but empty forms, similar
+to the fictitious ties which long existed or still exist between China
+or Turkey and certain parts of their former empires, now separated from
+them for ever.
+
+As soon as the Merovingian monarch had made himself master of Gaul, he
+set himself to maintain and keep in working order the administrative
+machinery of the Romans, save that the administrative unit was
+henceforth no longer the _provincia_ but the _civitas_, which generally
+took the name of _pagus_, and was placed under the authority of a count,
+_comes_ or _grafio_ (_Graf_). Perhaps this was not entirely an
+innovation, for it appears that at the end of the Roman supremacy
+certain _civitates_ had already a _comes_. Further, several _pagi_ could
+be united under the authority of a _dux_. The _pagus_ seems to have
+generally been divided into hundreds (_centenae_).
+
+But the Roman administrative machinery was too delicate to be handled by
+barbarians; it could not survive for long, but underwent changes and
+finally disappeared. Thus the Merovingians tried to levy the same direct
+taxes as the Romans had done, the _capitatio terrena_ and the _capitatio
+humana_, but they ceased to be imposts reassessed periodically in
+accordance with the total sum fixed as necessary to meet the needs of
+the state, and became fixed annual taxes on lands or persons; finally,
+they disappeared as general imposts, continuing to exist only as
+personal or territorial dues. In the same way the Roman municipal
+organization, that of the _curiae_, survived for a considerable time
+under the Merovingians, but was used only for the registration of
+written deeds; under the Carolingians it disappeared, and with it the
+old senatorial nobility which had been that of the Empire. The
+administration of justice (apart from the king's tribunal) seems to have
+been organized on a system borrowed partly from Roman and partly from
+Germanic institutions; it naturally tends to assume popular forms.
+Justice is administered by the count (_comes_) or his deputy
+(_centenarius_ or _vicarius_), but on the verdict of notables called in
+the texts _boni homines_ or _rachimburgii_. This takes place in an
+assembly of all the free subjects, called _mallus_, at which every free
+man is bound to attend at least a certain number of times a year, and in
+which are promulgated the general acts emanating from the king. The
+latter could issue commands or prohibitions under the name of _bannus_,
+the violation of which entailed a fine of 60 _solidi_; the king also
+administered justice (_in palatio_), assisted by the officers of his
+household, his jurisdiction being unlimited and at the same time
+undefined. He could hear all causes, but was not bound to hear any,
+except, apparently, accusations of deliberate failure of justice and
+breach of trust on the part of the _rachimburgii_.
+
+
+  Character of the Merovingian kingship.
+
+But what proved the great disturbing element in Gallo-Roman society was
+the fact that the conquerors, owing to their former customs and the
+degree of their civilization, were all warriors, men whose chief
+interest was to become practised in the handling of arms, and whose
+normal state was that of war. It is true that under the Roman empire all
+the men of a _civitas_ were obliged, in case of necessity, to march
+against the enemy, and under the Frankish monarchy the count still
+called together his _pagenses_ for this object. But the condition of the
+barbarian was very different; he lived essentially for fighting. Hence
+those gatherings or annual reviews of the _Campus Martius_, which
+continued so long, in Austrasia at least. They constituted the chief
+armed force; for mercenary troops, in spite of the assertions of some to
+the contrary, play at this period only a small part. But this military
+class, though not an aristocracy (for among the Franks the royal race
+alone was noble), was to a large extent independent, and the king had to
+attach these _leudes_ or _fideles_ to himself by gifts and favours. At
+the same time the authority of the king gradually underwent a change in
+character, though he always claimed to be the successor of the Roman
+emperor. It gradually assumed that domestic or personal character that,
+among the Germans, marked most of the relations between men. The
+household of the king gained in political importance, by reason that the
+heads of the principal offices in the palace became at the same time
+high public officials. There was, moreover, a body of men more
+especially attached to the king, the _antrustions_ (q.v.) and the
+commensals (_convivae regis_) whose _weregeld_ (i.e. the price of a
+man's life in the system of compensation then prevalent) was three times
+greater than that of the other subjects of the same race.
+
+The Frankish monarch had also the power of making laws, which he
+exercised after consulting the chief men of the kingdom, both lay and
+ecclesiastical, in the _placita_, which were meetings differing from the
+_Campus Martius_ and apparently modelled principally on the councils of
+the Church. But throughout the kingdom in many places the direct
+authority of the king over the people ceased to make itself felt. The
+_immunitates_, granted chiefly to the great ecclesiastical properties,
+limited this authority in a curious way by forbidding public officials
+to exercise their functions in the precinct of land which was _immunis_.
+The judicial and fiscal rights frequently passed to the landowner, who
+in any case became of necessity the intermediary between the supreme
+power and the people. In regard to this last point, moreover, the case
+seems to have been the same with all the great landowners or _potentes_,
+whose territory was called _potestas_, and who gained a real authority
+over those living within it; later in the middle ages they were called
+_homines potestatis_ (_hommes de poeste_).
+
+Other principles, arising perhaps less from Germanic custom strictly
+speaking than from an inferior level of civilization, also contributed
+towards the weakening of the royal power. The monarch, like his
+contemporaries, considered the kingdom and the rights of the king over
+it to be his property; consequently, he had the power of dealing with it
+as if it were a private possession; it is this which gave rise to the
+concessions of royal rights to individuals, and later to the partitions
+of the kingdom, and then of the empire, between the sons of the king or
+emperor, to the exclusion of the daughters, as in the division of an
+inheritance in land. This proved one of the chief weaknesses of the
+Merovingian monarchy.
+
+
+  Position of the Church.
+
+In order to rule the Gallo-Romans, the barbarians had had inevitably to
+ask the help of the Church, which was the representative of Roman
+civilization. Further, the Merovingian monarch and the Catholic Church
+had come into close alliance in their struggle with the Arians. The
+result for the Church had been that she gained new privileges, but at
+the same time became to a certain extent dependent. Under the
+Merovingians the election of the bishop _a clero et populo_ is only
+valid if it obtains the assent (_assensus_) of the king, who often
+directly nominates the prelate. But at the same time the Church retains
+her full right of acquiring property, and has her jurisdiction partially
+recognized; that is to say, she not only exercises more freely than ever
+a disciplinary jurisdiction, but the bishop, in place of the civil
+power, administers civil and criminal justice over the clergy. The
+councils had for a long time forbidden the clergy to cite one another
+before secular tribunals; they had also, in the 6th century, forbidden
+secular judges under pain of excommunication to cite before them and
+judge the clergy, without permission of the bishop. A decree of Clotaire
+II. (614) acknowledged the validity of these claims, but not completely;
+a precise interpretation of the text is, however, difficult.
+
+
+  Carolingian period.
+
+  Beginnings of the feudal system.
+
+The Merovingian dynasty perished of decay, amid increasing anarchy. The
+crown passed, with the approval of the papacy, to an Austrasian mayor of
+the palace and his family, one of those mayors of the palace (i.e. chief
+officer of the king's household) who had been the last support of the
+preceding dynasty. It was then that there developed a certain number of
+institutions, which offered themselves as useful means of consolidating
+the political organism, and were in reality the direct precursors of
+feudalism. One was the royal benefice (_beneficium_), of which, without
+doubt, the Church provided both the model and, in the first instance,
+the material. The model was the _precaria_, a form of concession by
+which it was customary for the Church to grant the possession of her
+lands to free men; this practice she herself had copied from the
+five-years leases granted by the Roman exchequer. Gradually, however,
+the _precaria_ had become a concession made, in most cases, free and for
+life. As regards the material, when the Austrasian mayors of the palace
+(probably Charles Martel) wished to secure the support of the _fideles_
+by fresh benefits, the royal treasury being exhausted, they turned to
+the Church, which was at that time the greatest landowner, and took
+lands from her to give to their warriors. In order to disguise the
+robbery it was decided--perhaps as an afterthought--that these lands
+should be held as _precariae_ from the Church, or from the monastic
+houses which had furnished them. Later, when the royal treasury was
+reorganized, the grants of land made by the kings naturally took a
+similar form: the _beneficium_, as a free grant for life. Under the
+Merovingians royal grants of land were in principle made in full
+ownership, except, as Brunner has shown, that provision was made for a
+revocation under certain circumstances. No special services seem to have
+been attached to the benefice, whether granted by the king or by some
+other person, but, in the second half of the 9th century at least, the
+possession of the benefice is found as the characteristic of the
+military class and the form of their pay. This we find clearly set forth
+in the treatise _de ecclesiis et capellis_ of Hincmar of Reims. The
+_beneficium_, in obedience to a natural law, soon tended to crystallize
+into a perpetual and hereditary right. Another institution akin to the
+_beneficium_ was the _senioratus_; by the _commendatio_, a form of
+solemn contract, probably of Germanic origin, and chiefly characterized
+by the placing of the hands between those of the lord, a man swore
+absolute fidelity to another man, who became his _senior_. It became the
+generally received idea (as expressed in the capitularies) that it was
+natural and normal for every free man to have a _senior_. At the same
+time a benefice was never granted unless accompanied by the
+_commendatio_ of the beneficiary to the grantor. As the most important
+_seniores_ were thus bound to the king and received from him their
+benefices, he expected through them to command their men; but in reality
+the king disappeared little by little in the _senior_. The king granted
+as benefices not only lands, but public functions, such as those of
+count or _dux_, which thus became possessions, held, first for life, and
+later as hereditary properties. The Capitulary of Kiersy-sur-Oise (877),
+which was formerly considered to have made fiefs legally and generally
+hereditary, only proves that it was already the custom for benefices of
+this kind, _honores_, to pass from the father to one of the sons.
+
+
+  Reforms of Charlemagne.
+
+  Carolingian fiscal system.
+
+  The Church under Charlemagne.
+
+Charlemagne, while sanctioning these institutions, tried to arrest the
+political decomposition. He reorganized the administration of justice,
+fixing the respective jurisdictions of the count and the _centenarius_,
+substituting for the _rachimburgii_ permanent _scabini_, chosen by the
+count in the presence of the people, and defining the relations of the
+count, as the representative of the central authority, with the
+_advocati_ or _judices_ of _immunitates_ and _potestates_. He
+reorganized the army, determining the obligations and the military
+outfit of free men according to their means. Finally, he established
+those regular inspections by the _missi dominici_ which are the subject
+of so many of his capitularies. From the _De ordine palatii_ of Hincmar
+of Reims, who follows the account of a contemporary of the great
+emperor, we learn that he also regularly established two general
+assemblies, _conventus_ or _placita_, in the year, one in the autumn,
+the other in the spring, which were attended by the chief officials, lay
+and ecclesiastical. It was here that the capitularies (q.v.) and all
+important measures were first drawn up and then promulgated. The
+revenues of the Carolingian monarch (which are no longer identical with
+the finances of the state) consisted chiefly in the produce of the royal
+lands (_villae_), which the king and his suite often came and consumed
+on the spot; and it is known how carefully Charlemagne regulated the
+administration of the _villae_. There were also the free gifts which the
+great men were bound, according to custom, to bring to the _conventus_,
+the contributions of this character from the monasteries practically
+amounting to a tax; the regular personal or territorial dues into which
+the old taxes had resolved themselves; the profits arising from the
+courts (the royal _bannus_, and the _fredum_, or part of the
+compensation-money which went to the king); finally, numberless
+requisitions in kind, a usage which had without doubt existed
+continuously since Roman times. The Church was loaded with honours and
+had added a fresh prerogative to her former privileges, namely, the
+right of levying a real tax in kind, the _tithe_. Since the 3rd century
+she had tried to exact the payment of tithes from the faithful,
+interpreting as applicable to the Christian clergy the texts in the Old
+Testament bearing on the Levites; Gallican councils had repeatedly
+proclaimed it as an obligation, though, it appears, with little success.
+But from the reign of Pippin the Short onwards the civil law recognized
+and sanctioned this obligation, and the capitularies of Charlemagne and
+Louis the Debonnaire contain numerous provisions dealing with it.
+Ecclesiastical jurisdiction extended farther and farther, but
+Charlemagne, the protector of the papacy, maintained firmly his
+authority over the Church. He nominated its dignitaries, both bishops
+and abbots, who were true ecclesiastical officials, parallel with the
+lay officials. In each _pagus_, bishop and count owed each other mutual
+support, and the missi on the same circuit were ordinarily a count and a
+bishop. In the first collection of capitularies, that of Ansegisus, two
+books out of four are devoted to ecclesiastical capitularies.
+
+
+  The law under the Frank monarchy.
+
+What, then, was the private and criminal law of this Frankish monarchy
+which had come to embrace so many different races? The men of Roman
+descent continued under the Roman law, and the conquerors could not hope
+to impose their customs upon them. The authorized expression of the
+Roman law was henceforth to be found in the _Lex romana Wisigothorum_ or
+_Breviarium Alarici_, drawn up by order of Alaric II. in 506. It is an
+abridgment of the codes, of that of Theodosius especially, and of
+certain of the writings of the jurists included under the Law of
+Citations. As to the barbarians, they had hitherto had nothing but
+customs, and these customs, of which the type nearest to the original is
+to be found in the oldest text of the _Lex Salica_, were nothing more
+than a series of tariffs of compensations, that is to say, sums of money
+due to the injured party or his family in case of crimes committed
+against individuals, for which crimes these compensations were the only
+penalty. They also introduced a barbarous system of trial, that by
+compurgation, i.e. exculpation by the oath of the defendant supported by
+a certain number of _cojurantes_, and that by ordeal, later called
+_judicium Dei_. In each new kingdom the barbarians naturally kept their
+own laws, and when these men of different races all became subject to
+the Frankish monarchy, there evolved itself a system (called the
+_personnalite des lois_) by which every subject had, in principle, the
+right to be tried by the law of the race to which he belonged by birth
+(or sometimes for some other reason, such as emancipation or marriage).
+When the two adversaries were of different race, it was the law of the
+defendant which had to be applied. The customs of the barbarians had
+been drawn up in Latin. Sometimes, as in the case of the first text of
+the Salic law, the system on which they were compiled is not exactly
+known; but it was generally done under the royal authority. At this
+period only these written documents bear the name of "law" (_leges
+romanorum_; _leges barbarorum_), and at least the tacit consent of the
+people seems to have been required for these collections of laws, in
+accordance with an axiom laid down in a later capitulary; _lex fit
+consensu populi et constitutione regis_. It is noteworthy, too, that in
+the process of being drawn up in Latin, most of the _leges barbarorum_
+were very much Romanized.
+
+In the midst of this diversity, a certain number of causes tended to
+produce a partial unity. The capitularies, which had in themselves the
+force of law, when there was no question of modifying the _leges_,
+constituted a legislation which was the same for all; often they
+inflicted corporal punishment for grave offences, which applied to all
+subjects without distinction. Usage and individual convenience led to
+the same result. The Gallo-Romans, and even the Church itself, to a
+certain extent, adopted the methods of trial introduced by the Germans,
+as was likely in a country relapsing into barbarism. On the other hand,
+written acts became prevalent among the barbarians, and at the same time
+they assimilated a certain amount of Roman law; for these acts continued
+to be drawn up in Latin, after Roman models, which were in most cases
+simply misinterpreted owing to the general ignorance. The type is
+preserved for us in those collections of _Formulae_, of which complete
+and scientific editions have been published by Eugene de Roziere and
+Carl Zeumer. During this period, too, the Gallican Church adopted the
+collection of councils and decretals, called later the _Codex canonum
+ecclesiae Gallicanae_, which she continued to preserve. This collection
+was that of Dionysius Exiguus, which was sent to Charlemagne in 774 by
+Pope Adrian I. But in the course of the 9th century apocryphal
+collections were also formed in the Gallican Church: the False
+Capitularies of Benedictus Levita, and the False Decretals of Isidorus
+Mercator (see DECRETALS).
+
+All the subjects of the Frankish monarchy were not of equal status.
+There was, strictly speaking, no nobility, both the Roman and the
+Germanic nobility having died out; but slavery continued to exist. The
+Church, however, was preparing the transformation of the slave into the
+serf, by giving force and validity to their marriages, in cases, at
+least, when the master had approved of them, and by forbidding the
+latter unjustly to seize the slave's _peculium_. But between the free
+man (_ingenuus_) and the slave lay a number of persons of intermediate
+status; they possessed legal personality but were subject to
+incapacities of various kinds, and had to perform various duties towards
+other men. There was, to begin with, the Roman colonist (_colonus_), a
+class as to the origin of which there is still a controversy, and of
+which there is no clear mention in the laws before the 4th century; they
+and their children after them were attached perpetually to a certain
+piece of land, which they were allowed to cultivate on payment of a
+rent. There were, further, the _liti_ (_litus_ or _lidus_), a similar
+class of Germanic origin; also the greater number of the freedmen or
+descendants of freedmen. Many free men who had fled to the great
+landowners for protection took, by arrangement or by custom, a similar
+position. Under the Merovingian regime, and especially under the
+Carolingians, the occupation of the land tended to assume the character
+of tenure; but free ownership of land continued to exist under the name
+of _alod_ (_alodis_), and there is even evidence for the existence of
+this in the form of small properties, held by free men; the capitularies
+contain numerous complaints and threats against the counts, who
+endeavoured by the abuse of their power to obtain the surrender of these
+properties.
+
+
+  Anarchy and feudal origins.
+
+_Period of Anarchy and the Rise of Feudalism._--The 10th and 11th
+centuries were a period of profound anarchy, during which feudalism was
+free to develop itself and to take definitive shape. At that time the
+French people may be said to have lived without laws, without even fixed
+customs and without government. The legislative power was no longer
+exercised, for the last Carolingian capitularies date from the year 884,
+and the first laws of the Capetian kings (if they may be called laws) do
+not appear till during the 12th century. During this period the old
+capitularies and _leges_ fell into disuse and in their place territorial
+customs tended to grow up, their main constituents being furnished by
+the law of former times, but which were at the outset ill-defined and
+strictly local. As to the government, if the part played by the Church
+be excepted, we shall see that it could be nothing but the application
+of brute force. In this anarchy, as always happens under similar
+conditions, men drew together and formed themselves into groups for
+mutual defence. A nucleus was formed which was to become the new social
+unit, that is to say, the feudal group. Of this the centre was a chief,
+around whom gathered men capable of bearing arms, who commended
+themselves to him according to the old form of vassalage, _per manus_.
+They owed him fidelity and assistance, the support of their arms but not
+of their purse, save in quite exceptional cases; while he owed them
+protection. Some of them lived in his castle or fortified house,
+receiving their equipment only and eating at his table. Others received
+lands from him, which were, or later became, fiefs, on which they lived
+_casati_. The name fief, _feudum_, does not appear, however, till
+towards the end of this period; these lands are frequently called
+_beneficia_ as before; the term most in use at first, in many parts, is
+_casamentum_. The fief, moreover, was generally held for life and did
+not become generally hereditary till the second half of the 11th
+century. The lands kept by the chief and those which he granted to his
+men were for the most part rented from him, or from them, for a certain
+amount in money or in kind. All these conditions had already existed
+previously in much the same form; but the new development is that the
+chief was no longer, as before, merely an intermediary between his men
+and the royal power. The group had become in effect independent, so
+organized as to be socially and politically self-sufficient. It
+constituted a small army, led, naturally, by the chief, and composed of
+his feudatories, supplemented in case of need by the _rustici_. It also
+formed an assembly in which common interests were discussed, the lord,
+according to custom, being bound to consult his feudatories and they to
+advise him to the best of their power. It also formed a court of
+justice, in which the feudatories gave judgment under the presidency of
+their lord; and all of them claimed to be subject only to the
+jurisdiction of this tribunal composed of their peers. Generally they
+also judged the villeins (_villani_) and the serfs dependent on the
+group, except in cases where the latter obtained as a favour judges of
+their own status, which was, however, at that time a very rare
+occurrence.
+
+Under these conditions a nobility was formed, those men becoming nobles
+who were able to devote themselves to the profession of arms and were
+either chiefs or soldiers in one of the groups which have just been
+described. The term designating a noble, _miles_, corresponds also to
+that of knight (Fr. _chevalier_, Low Lat. _caballerius_), for the reason
+that chivalry, of which the origins are uncertain, represents
+essentially the technical skill and professional duties of this military
+class. Every noble was destined on coming of age to become a knight, and
+the knight equally as a matter of course received a fief, if he had not
+one already by hereditary title. This nobility, moreover, was not a
+caste but could be indefinitely recruited by the granting of fiefs and
+admission to knighthood (see KNIGHTHOOD AND CHIVALRY).
+
+
+  Private war.
+
+The state of anarchy was by now so far advanced that war became an
+individual right, and the custom of private war arose. Every man had in
+principle the right of making war to defend his rights or to avenge his
+wrongs. Later on, doubtless, in the 13th century, this was a privilege
+of the noble (_gentilhomme_); but the texts defining the limits which
+the Church endeavoured to set to this abuse, namely, the Peace of God
+and the Truce of God, show that this was at the outset a power possessed
+by men of all classes. Even a man who had appeared in a court of law and
+received judgment had the choice of refusing to accept the judgment and
+of making war instead. Justice, moreover, with its frequent employment
+of trial by combat, did not essentially differ from private war.
+
+It is unnecessary to go further and to affirm, with certain historians
+of our time, for example Guilhermoz and See, that the only free men at
+that time, besides the clergy, were the nobles, all the rest being
+serfs. There are many indications which lead us to assume, not only in
+the towns but even in the country districts, the existence of a class of
+men of free status who were not _milites_, the class later known in the
+13th century as _vilains_, _hommes de poeste_, and, later, _roturiers_.
+The fact more probably was that only the nobles and ecclesiastics were
+exempt from the exactions of the feudal lords; while from all the others
+the seigneurs could at pleasure levy the _taille_ (a direct and
+arbitrary tax), and those innumerable rights then called
+_consuetudines_. Free ownership, the _allodium_, even under the form of
+small freeholds, still existed by way of exception in many parts.
+
+Had, then, the main public authority disappeared? This is practically
+the contention of certain writers, who, like M. See, maintain that real
+property, the possession of a domain, conferred on the big landed
+proprietor all rights of taxation, command and coercion over the
+inhabitants of his domain, who, according to this view, were always
+serfs. But this is an exaggeration of the thesis upheld by old French
+authors, who saw in feudalism, though in a different sense, a confusion
+of property with sovereignty. It appears that in this state of political
+disintegration each part of the country which had a homogeneous
+character tended to form itself into a higher unit. In this unit there
+arose a powerful lord, generally a duke, a count, or a viscount, who
+sometimes came to be called the _capitalis dominus_. He was either a
+former official of the monarchy, whose function had become hereditary,
+or a usurper who had formed himself on this model. He laid claim to an
+authority other than that conferred by the possession of real property.
+He still claimed to exercise over the whole of his former district
+certain rights, which we see him sometimes surrendering for the benefit
+of churches or monasteries. His court of justice was held in the highest
+honour, and to it were referred the most important affairs. But in this
+district there were generally a number of more or less powerful lords,
+who as a rule had as yet no particular feudal title and are often given
+the name of _principes_. Often, but not always, they had commended
+themselves to this duke or count by doing homage.
+
+
+  The royal power.
+
+On the other hand, the royal power continued to exist, being recognized
+by a considerable part of old Gaul, the _regnum Francorum_. But under
+the last of the Carolingians it had in fact become elective, as is shown
+by the elections of Odo and Robert before that of Hugh Capet. The
+electors were the chief lords and prelates of the _regnum Francorum_.
+But following a clever policy, each king during his lifetime took as
+partner of his kingdom his eldest son and consecrated and crowned him in
+advance, so that the first of the Capetians revived the principle of
+heredity in favour of the eldest son, while establishing the hereditary
+indivisibility of the kingdom. This custom was recognized at the
+accession of Louis the Fat, but the authority of the king was very weak,
+being merely a vague allegiance. His only real authority lay where his
+own possessions were, or where there had not arisen a duke, a count, or
+lord of equal rank with them. He maintained, however, a general right of
+administering justice, a _curia_, the jurisdiction of which seems to
+have been universal. It is true that the parties in a suit had to submit
+themselves to it voluntarily, and could accept or reject the judgment
+given, but this was at that time the general rule. The king dispensed
+justice surrounded by the officers of his household (_domestici_), who
+thus formed his council; but these were not the only ones to assist him,
+whether in court or council. Periodically, at the great yearly
+festivals, he called together the chief lords and prelates of his
+kingdom, thus carrying on the tradition of the Carolingian _placita_ or
+_conventus_; but little by little, with the appropriation of the
+_honores_, the character of the gathering changed; it was no longer an
+assembly of officials but of independent lords. This was now called the
+_curia regis_.
+
+
+  The Church.
+
+While the power of the State was almost disappearing, that of the
+Church, apart from the particular acts of violence of which she was
+often the victim, continued to grow. Her jurisdiction gained ground,
+since her procedure was reasonable and comparatively scientific (except
+that she admitted to a certain extent compurgation by oath and the
+_judicia Dei_, with the exception of trial by combat). Not only was the
+privilege of clergy, by which accused clerks were brought under her
+jurisdiction, almost absolute, but she had cognizance of a number of
+causes in which laymen only were concerned, marriage and everything
+nearly or remotely affecting it, wills, crimes and offences against
+religion; and even contracts, when the two parties wished it or when the
+agreement was made on oath, came within her competence. Such, then, were
+the ecclesiastical or Christian courts (_cours d'eglise, course de
+chretiente_). The Church, moreover, remained in close connexion with the
+crown, the king preserving a quasi-ecclesiastical character, while the
+royal prerogatives with regard to the election of bishops were
+maintained more successfully than the rights of the crown, though in
+many of the great fiefs they none the less passed to the count or the
+duke. It was at this time too that the Church tried to break the last
+ties which still kept her more or less dependent on the civil power;
+this was the true import of the Investiture Contest (see INVESTITURE,
+and CHURCH HISTORY), though this was not very acute in France.
+
+
+  The feudal monarchy.
+
+  Roman law.
+
+  The customs.
+
+The period of the true feudal monarchy is embraced by the 12th and 13th
+centuries, that is to say, it was at this time that the crown again
+assumed real strength and authority; but so far it had no organs and
+instruments save those which were furnished by feudalism, now organized
+under a regular hierarchy, of which the king was the head, the
+"sovereign enfeoffer of the kingdom" (_souverain fieffeux du royaume_),
+as he came later on to be called. This new position of affairs was the
+result of three great factors: the revival of Roman Law, the final
+organization of feudalism and the rise of the privileged towns. The
+revival of Roman law began in France and Italy in the second half of the
+11th century, developing with extraordinary brilliance in the latter
+country at the university of Bologna, which was destined for a long time
+to dominate Europe. Roman law spread rapidly in the French schools and
+universities, except that of Paris, which was closed to it by the
+papacy; and the influence of this study was so great that it transformed
+society. On the one hand it contributed largely to the reconstitution of
+the royal power, modelling the rights of the king on those of the Roman
+emperor. On the other hand it wrought a no less profound change in
+private law. From this time dates the division of old France into the
+_Pays de droit ecrit_, in which Roman law, under the form in which it
+was codified by Justinian, was received as the ordinary law; and the
+_Pays de coutume_, where it played only a secondary part, being
+generally valid only as _ratio scripta_ and not as _lex scripta_. In
+this period the customs also took definitive form, and over and above
+the local customs properly so called there were formed customs known as
+_general_, which held good through a whole province or _bailliage_, and
+were based on the jurisprudence of the higher jurisdictions.
+
+
+  Final organization of feudalism.
+
+  Feudal character of justice.
+
+The final organization of feudalism resulted from the struggle for
+organization which was proceeding in each district where the more
+powerful lords compelled the others to do them homage and become their
+vassals; the _capitalis dominus_ had beneath him a whole hierarchy, and
+was himself a part of the feudal system of France (see FEUDALISM).
+Doubtless in the case of lords like the dukes of Brittany and Burgundy,
+the king could not actually demand the strict fulfilment of the feudal
+obligations; but the principle was established. The question now arises,
+did free and absolute property, the _allodium_, entirely disappear in
+this process, and were all lands held as tenures? It continued to exist,
+by way of exception, in most districts, unchanged save in the burden of
+proof of ownership, with which, according to the customs, sometimes the
+lord and sometimes the holder of the land was held charged. In one
+respect, however, namely in the administration of justice, the feudal
+hierarchy had absolute sway. Towards the end of the 13th century
+Beaumanoir clearly laid down this principle: "All secular jurisdiction
+in France is held from the king as a fief or an _arriere-fief_."
+Henceforth it could also be said that "All justice emanates from the
+king." The law concerning fiefs became settled also from another point
+of view, the fief becoming patrimonial; that is to say, not only
+hereditary, but freely alienable by the vassal, subject in both cases to
+certain rights of transfer due to the lord, which were at first fixed by
+agreement and later by custom. The most salient features of feudal
+succession were the right of primogeniture and the preference given to
+heirs-male; but from the 13th century onwards the right of
+primogeniture, which had at first involved the total exclusion of the
+younger members of a family, tended to be modified, except in the case
+of the chief lords, the eldest son obtaining the preponderant share or
+_preciput_. Non-noble (_roturier_) tenancies also became patrimonial in
+similar circumstances, except that in their case there was no right of
+primogeniture nor any privilege of males. The tenure of serfs did not
+become alienable, and only became hereditary by certain devices.
+
+
+  Rise of the privileged towns.
+
+Feudal society next saw the rise of a new element within it: the
+privileged towns. At this time many towns acquired privileges, the
+movement beginning towards the end of the 11th century; they were
+sanctioned by a formal concession from the lord to whom the town was
+subject, the concession being embodied in a charter or in a record of
+customs (_coutume_). Some towns won for themselves true political
+rights, for instance the right of self-administration, rights of justice
+over the inhabitants, the right of not being taxed except by their own
+consent, of maintaining an armed force, and of controlling it
+themselves. Others only obtained civil rights, e.g. guarantees against
+the arbitrary rights of justice and taxation of the lord or his provost.
+The chief forms of municipal organization at this time were the _commune
+juree_ of the north and east, and the _consulat_, which came from Italy
+and penetrated as far as Auvergne and Limousin. The towns with important
+privileges formed in feudal society as it were a new class of lordships;
+but their lords, that is to say their burgesses, were inspired by quite
+a new spirit. The crown courted their support, taking them under its
+protection, and championing the causes in which they were interested
+(see COMMUNE). Finally, it is in this period, under Philip Augustus,
+that the great fiefs began to be effectually reannexed to the crown, a
+process which, continued by the kings up to the end of the _ancien
+regime_, refounded for their profit the territorial sovereignty of
+France.
+
+
+  Great officers of the crown and peers of France.
+
+The crown maintained the machinery of feudalism, the chief central
+instruments of which were the great officers of the crown, the
+seneschal, butler, constable and chancellor, who were to become
+irremovable officials, those at least who survived. But this period saw
+the rise of a special college of dignitaries, that of the Twelve Peers
+of France, consisting of six laymen and six ecclesiastics, which took
+definitive shape at the beginning of the 13th century. We cannot yet
+discern with any certainty by what process it was formed, why those six
+prelates and those six great feudatories in particular were selected
+rather than others equally eligible. But there is no doubt that we have
+here a result of that process of feudal organization mentioned above;
+the formation of a similar assembly of twelve peers occurs also in a
+certain number of the great fiefs. Besides the part which they played at
+the consecration of kings, the peers of France formed a court in which
+they judged one another under the presidency of the king, their
+overlord, according to feudal custom. But the _cour des pairs_ in this
+sense was not separate from the _curia regis_, and later from the
+parlement of Paris, of which the peers of France were by right members.
+From this time, too, dates another important institution, that of the
+_maitres des requetes_.
+
+
+  Growth of the royal power.
+
+The legislative power of the crown again began to be exercised during
+the 12th century, and in the 13th century had full authority over all
+the territories subject to the crown. Beaumanoir has a very interesting
+theory on this subject. The right of war tends to regain its natural
+equilibrium, the royal power following the Church in the endeavour to
+check private wars. Hence arose the _quarantaine le roi_, due to Philip
+Augustus or Saint Louis, by which those relatives of the parties to a
+quarrel who had not been present at the quarrel were rendered immune
+from attack for forty days after it; and above all the _assurements_
+imposed by the king or lord; on these points too Beaumanoir has an
+interesting theory. The rule was, moreover, already in force by which
+private wars had to cease during the time that the king was engaged in a
+foreign war. But the most appreciable progress took place in the
+administrative and judicial institutions. Under Philip Augustus arose
+the royal _baillis_ (see BAILIFF: section _Bailli_), and seneschals
+(q.v.), who were the representatives of the king in the provinces, and
+superior judges. At the same time the form of the feudal courts tended
+to change, as they began more and more to be influenced by the
+Romano-canonical law. Saint Louis had striven to abolish trial by
+combat, and the Church had condemned other forms of ordeal, the
+_purgatio vulgaris_. In most parts of the country the feudal lords began
+to give place in the courts of law to the provosts (_prevots_) and
+_baillis_ of the lords or of the crown, who were the judges, having as
+their councillors the _avocats_ (advocates) and _procureurs_
+(procurators) of the assize. The feudal courts, which were founded
+solely on the relations of homage and tenure, before which the vassals
+and tenants as such appeared, disappeared in part from the 13th century
+on. Of the seigniorial jurisdictions there soon remained only the
+_hautes_ or _basses justices_ (in the 14th century arose an intermediate
+grade, the _moyenne justice_), all of which were considered to be
+concessions of the royal power, and so delegations of the public
+authority. As a result of the application of Roman and canon law, there
+arose the _appeal_ strictly so called, both in the class of royal and of
+seigniorial jurisdictions, the case in the latter instance going finally
+before a royal court, from which henceforth there was no appeal. In the
+13th century too appeared the theory of crown cases (_cas royaux_),
+cases which the lords became incompetent to try and which were reserved
+for the royal court. Finally, the _curia regis_ was gradually
+transformed into a regular court of justice, the _Parlement_ (q.v.), as
+it was already called in the second half of the 13th century. At this
+time the king no longer appeared in it regularly, and before each
+session (for it was not yet a permanent body) a list of properly
+qualified men was drawn up in advance to form the parlement, only those
+whose names were on the list being capable of sitting in it. Its main
+function had come to be that of a final court of appeal. At the various
+sessions, which were regularly held at Paris, appeared the _baillis_ and
+seneschals, who were called upon to answer for the cases they had judged
+and also for their administration. The accounts were received by members
+of the parlement at the Temple, and this was the origin of the Cour or
+Chambre des Comptes.
+
+
+  Nobles, commons and the Church in the 13th century.
+
+At the end of this period the nobility became an exclusive class. It
+became an established rule that a man had to be noble in order to be
+made a knight, and even in order to acquire a fief; but in this latter
+respect the king made exceptions in the case of _roturiers_, who were
+licensed to take up fiefs, subject to a payment known as the _droits de
+franc-fief_. The _roturiers_, or villeins who were not in a state of
+thraldom, were already a numerous class not only in the towns but in the
+country. The Church maintained her privileges; a few attempts only were
+made to restrain the abuse, not the extent, of her jurisdiction. This
+jurisdiction was, during the 12th century, to a certain extent
+regularized, the bishop nominating a special functionary to hold his
+court; this was the _officialis_ (Fr. _official_), whence the name of
+_officialite_ later applied in France to the ecclesiastical
+jurisdictions. On one point, however, her former rights were diminished.
+She preserved the right of freely acquiring personal and real property,
+but though she could still acquire feudal tenures she could not keep
+them; the customs decided that she must _vider les mains_, that is,
+alienate the property again within a year and a day. The reason for this
+new rule was that the Church, the ecclesiastical establishment, is a
+proprietor who does not die and in principle does not surrender her
+property; consequently, the lords had no longer the right of exacting
+the transfer duties on those tenures which she acquired. It was
+possible, however, to compromise and allow the Church to keep the tenure
+on condition of the consent not only of the lord directly concerned, but
+of all the higher lords up to the _capitalis dominus_; it goes without
+saying that this concession was only obtained by the payment of
+pecuniary compensations, the chief of which was the _droit
+d'amortissement_, paid to these different lords. In this period the form
+of the episcopal elections underwent a change, the electoral college
+coming to consist only of the canons composing the chapter of the
+cathedral church. But except for the official candidatures, which were
+abused by the kings and great lords, the elections were regular; the
+Pragmatic Sanction, attributed to Saint Louis, which implies the
+contrary, is nowadays considered apocryphal by the best critics.
+
+
+  Changes in criminal law.
+
+Finally, it must be added that during the 13th century criminal law was
+profoundly modified. Under the influence of Roman law a system of
+arbitrary penalties replaced those laid down by the customs, which had
+usually been fixed and cruel. The criminal procedure of the feudal
+courts had been based on the right of accusation vested only in the
+person wronged and his relations; for this was substituted the
+inquisitorial procedure (_processus per inquisitionem_), which had
+developed in the canon law at the very end of the 12th century, and was
+to become the _procedure a l'extraordinaire_ of the _ancien regime_,
+which was conducted in secret and without free defence and debate. Of
+this procedure torture came to be an ordinary and regular part.
+
+
+  The customs.
+
+The customs, which at that time contained almost the whole of the law
+for a great part of France, were not fixed by being written down. In
+that part of France which was subject to customary law (_la France
+coutumiere_) they were defined when necessary by the verdict of a jury
+of practitioners in what was called the _enquete par turbes_; some of
+them, however, were, in part at least, authentically recorded in
+seigniorial charters, _chartes de ville_ or _chartes de coutume_. Their
+rules were also recorded by experts in private works or collections
+called _livres coutumiers_, or simply _coutumiers_ (customaries). The
+most notable of these are _Les Coutumes de Beauvoisis_ of Philippe de
+Beaumanoir, which Montesquieu justly quotes as throwing light on those
+times; also the _Tres ancienne coutume de Normandie_ and the _Grand
+Coutumier de Normandie_; the _Conseil a un ami of Pierre des Fontaines_,
+the _Etablissements de Saint Louis_; the _Livre de jostice et de plet_.
+At the same time the clerks of important judges began to collect in
+registers notable decisions; it is in this way that we have preserved to
+us the old decisions of the exchequer of Normandy, and the _Olim_
+registers of the parlement of Paris.
+
+_The Limited Monarchy._--The 14th and 15th centuries were the age of the
+limited monarchy. Feudal institutions kept their political importance;
+but side by side with them arose others of which the object was the
+direct exercise of the royal authority; others also arose from the very
+heart of feudalism, but at the same time transformed its laws in order
+to adapt them to the new needs of the crown. In this period certain
+rules for the succession to the throne were fixed by precedents: the
+exclusion of women and of male descendants in the female line, and the
+principle that a king could not by an act of will change the succession
+of the crown. The old _curia regis_ disappeared and was replaced by the
+parlement as to its judicial functions, while to fulfil its deliberative
+functions there was formed a new body, the royal council (_conseil du
+roi_), an administrative and governing council, which was in no way of a
+feudal character. The number of its members was at first small, but they
+tended to increase; soon the brevet of _conseiller du roi en ses
+conseils_ was given to numerous representatives of the clergy and
+nobility, the great officers of the crown becoming members by right.
+Side by side with these officials, whose power was then at its height,
+there were gradually evolved more subservient ministers who could be
+dispensed with at will; the _secretaires des commandements du roi_ of
+the 15th century, who in the 16th century developed into the
+_secretaires d'etat_, and were themselves descended from the _clercs du
+secret_ and _secretaires des finances_ of the 14th century. The College
+of the Twelve Peers of France had not its full numbers at the end of the
+13th century; the six ecclesiastical peerages existed and continued to
+exist to the end, together with the archbishopric and bishoprics to
+which they were attached, not being suppressed; but several of the great
+fiefs to which six lay peerages had been attached had been annexed to
+the crown. To fill these vacancies, Philip the Fair raised the duchies
+of Brittany and Anjou and the countship of Artois to the rank of
+peerages of France. This really amounted to changing the nature of the
+institution; for the new peers held their rank merely at the king's
+will, though the rank continued to belong to a great barony and to be
+handed down with it. Before long peers began to be created when there
+were no gaps in the ranks of the College, and there was a constant
+increase in the numbers of the lay peers.
+
+
+  States general and provincial estates.
+
+At the beginning of the 14th century appeared the states general (_etats
+generaux_), which were often convoked, though not at fixed intervals,
+throughout the whole of the 14th century and the greater part of the
+15th. Their power reached its height at a critical moment of the Hundred
+Years' War during the reign of King John. At the same time there arose
+side by side with them, and from the same causes, the provincial
+estates, which were in miniature for each province what the states
+general were for the whole kingdom. Of these provincial assemblies some
+were founded in one or other of the great fiefs, being convoked by the
+duke or count under the pressure of the same needs which led the king to
+convoke the states general; others, in provinces which had already been
+annexed to the crown, probably had their origin in the councils summoned
+by the _bailli_ or seneschal to aid him in his administration. Later it
+became a privilege for a province to have its own assembly; those which
+did so were never of right subject to the royal _taille_, and kept, at
+least formally, the right of sanctioning, by means of the assembly, the
+subsidies which took its place. Hence it became the endeavour of the
+crown to suppress these provincial assemblies, which in the 14th century
+were to be found everywhere; from the outset of the 15th century they
+began to disappear in central France.
+
+
+  Royal taxation.
+
+The most characteristic feature of this period was the institution of
+universal taxation by the crown. So far the king's sole revenues were
+those which he exacted, in his capacity of feudal lord, wherever another
+lord did not intervene between him and the inhabitants, in addition to
+the income arising from certain crown rights which he had preserved or
+regained. But these revenues, known later as the income of the royal
+domain and later still as the _finances ordinaires_, became insufficient
+in proportion as the royal power increased; it became a necessity for
+the monarch to be able to levy imposts throughout the whole extent of
+the provinces annexed to the crown, even upon the subjects of the
+different lords. This he could only do by means of the co-operation of
+those lords, lay and ecclesiastical, who alone had the right of taxing
+their subjects; the co-operation of the privileged towns, which had the
+right to tax themselves, was also necessary. It was in order to obtain
+this consent that the states general, in most cases, and the provincial
+assemblies, in all cases, were convoked. In some cases, however, the
+king adopted different methods; for instance, he sometimes utilized the
+principle of the feudal aids. In cases where his vassals owed him, as
+overlord, a pecuniary aid, he substituted for the sum paid directly by
+his vassals a tax levied by his own authority on their subjects. It is
+in this way that for thirty years the necessary sums were raised,
+without any vote from the states general, to pay the ransom of King
+John. But in principle the taxes were in the 14th century sanctioned by
+the states general. Whatever form they took, they were given the generic
+name of Aids or _auxilia_, and were considered as occasional and
+extraordinary subsidies, the king being obliged in principle to "live of
+his own" (_vivre de son domaine_). Certain aids, it is true, tended to
+become permanent under the reign of Charles VI.; but the taxes subject
+to the consent of the states general were at first the sole resource of
+Charles VII. In the second half of his reign the two chief taxes became
+permanent: in 1435 that of the aids (a tax on the sale of articles of
+consumption, especially on wine), with the formal consent of the states
+general, and that of the _taille_ in 1439. In the latter case the
+consent of the states general was not given; but only the nobility
+protested, for at the same time as the royal _taille_ became permanent
+the seigniorial _taille_ was suppressed. These imposts were increased,
+on the royal authority, by Louis XI. After his death the states general,
+which met at Tours in 1484, endeavoured to re-establish the periodical
+vote of the tax, and only granted it for two years, reducing it to the
+sum which it had reached at the death of Charles VII. But the promise
+that they would again be convoked before the expiry of two years was not
+kept. These imposts and that of the _gabelle_ were henceforth permanent.
+Together with the taxes there was evolved the system of their
+administration. Their main outlines were laid down by the states general
+in the reign of King John, in 1355 and the following years. For the
+administration of the subsidies which they granted, they nominated from
+among their own numbers _surintendants generaux_ or _generaux des
+finances_, and further, for each diocese or equivalent district, _elus_.
+Both had not only the active administration but also judicial rights,
+the latter constituting courts of the first instance and the former
+courts of final appeal. After 1360 the crown again adopted this
+organization, which had before been only temporary; but henceforth
+_generaux_ and _elus_ were nominated by the king. The _elus_, or
+_officiers des elections_, only existed in districts which were subject
+to the royal _taille_; hence the division, so important in old France,
+into _pays d'elections_ and _pays d'etats_. The _elus_ kept both
+administration and jurisdiction; but in the higher stage a
+differentiation was made: the _generaux des finances_, who numbered
+four, kept the administration, while their jurisdiction as a court of
+final appeal was handed over to another body, the _cour des aides_,
+which had already been founded at the end of the 14th century. Besides
+the four _generaux des finances_, who administered the taxation, there
+were four Treasurers of France (_tresoriers de France_), who
+administered the royal domain; and these eight officials together formed
+in the 15th century a kind of ministry of finance to the monarchy.
+
+
+  The army.
+
+The army also was organized. On the one hand, the military service
+attached to the fiefs was transformed for the profit of the king, who
+alone had the right of making war: it became the _arriere-ban_, a term
+which had formerly applied to the _levee en masse_ of all the
+inhabitants in times of national danger. Before the 14th century the
+king had only had the power of calling upon his own immediate vassals
+for service. Henceforth all possessors of fiefs owed him, whether within
+the kingdom or on the frontiers, military service without pay and at
+their own expense. This was for long an important resource for the king.
+But Charles VII. organized an army on another footing. It comprised the
+_francs-archers_ furnished by the parishes, a militia which was only
+summoned in case of war, but in time of peace had to practise archery,
+and companies of _gendarmerie_ or heavy cavalry, forming a permanent
+establishment, which were called _compagnies d'ordonnance_. It was
+chiefly to provide for the expense of the first nucleus of a permanent
+army that the _taille_ itself had been made permanent.
+
+The new army led to the institution of the governors of provinces, who
+were to command the troops quartered there. At first they were only
+appointed for the frontiers and fortified places, but later the kingdom
+was divided into _gouvernements generaux_. There were at first twelve of
+these, which were called in the middle of the 16th century the _douze
+anciens gouvernements_. Although, strictly speaking, they had only
+military powers, the governors, always chosen from among the great
+lords, became in the provinces the direct representatives of the king
+and caused the _baillis_ and seneschals to take a secondary place.
+
+
+  The law courts.
+
+The courts of law continued to develop on the lines already laid down.
+The parlement, which had come to be a judicial committee nominated every
+year, but always consisting in fact of the same persons, changed in the
+course of the 14th century into a body of magistrates who were permanent
+but as yet subject to removal. During this period were evolved its
+organization and definitive features (see PARLEMENT). The provincial
+parlements had arisen after and in imitation of that of Paris, and had
+for the most part taken the place of some superior jurisdiction which
+had formerly existed in the same district when it had been independent
+(like Provence) or had formed one of the great fiefs (like Normandy or
+Burgundy). It was during this period also that the parlements acquired
+the right of opposing the registration, that is to say, the promulgation
+of laws, of revising them, and of making representations
+(_remontrances_) to the king when they refused the registration, giving
+the reasons for such refusal. The other royal jurisdictions were
+completed (see BAILIFF, CHATELET). Besides them arose another of great
+importance, which was of military origin, but came to include all
+citizens under its sway. These were the provosts of the marshals of
+France (_prevots des marechaux de France_), who were officers of the
+_Marechaussee_ (the gendarmerie of the time); they exercised criminal
+jurisdiction without appeal in the case of crimes committed by vagabonds
+and fugitives from justice, this class being called their _gibier_
+(game), and of a number of crimes of violence, whatever the rank of the
+offender. Further, another class of officers was created in connexion
+with the law courts: the "king's men" (_gens du roi_), the _procureurs_
+and _avocats du roi_, who were at first simply those lawyers who
+represented the king in the law courts, or pleaded for him when he had
+some interest to follow up or to defend. Later they became officers of
+the crown. In the case of the _procureurs du roi_ this development took
+place in the first half of the 14th century. Their duty was not only to
+represent the king in the law courts, whether as plaintiff or defendant,
+but also to take care that in each case the law was applied, and to
+demand its application. From this time on the _procureurs du roi_ had
+full control over matters concerning the public interest, and especially
+over public prosecution. In this period, too, appeared what was
+afterwards called _justice retenue_, that is to say, the justice which
+the king administered, or was supposed to administer, in person. It was
+based on the idea that, since all justice and all judicial power reside
+in the king, he could not deprive himself of them by delegating their
+exercise to his officers and to the feudal lords. Consequently he could,
+if he thought fit, take the place of the judges and call up a case
+before his own council. He could reverse even the decisions of the
+courts of final appeal, and in some cases used this means of appealing
+against the decrees of the parlements (_proposition d'erreur, requete
+civile, pourvoi en revision_). In these cases the king was supposed to
+judge in person; in reality they were examined by the _maitres des
+requetes_ and submitted to the royal council (_conseil du roi_), at
+which the king was always supposed to be present and which had in itself
+no power of giving a decision. For this purpose there was soon formed a
+special committee of the council, which was called the _conseil prive_
+or _de justice_. At the end of the 15th century, Charles VIII., in order
+to relieve the council of some of its functions, created a new final
+court, the _grand conseil_, to deal with a number of these cases. But
+before long it again became the custom to appeal to the _conseil du
+roi_, so that the _grand conseil_ became almost useless. The king
+frequently, by means of _lettres de justice_, intervened in the
+procedure of the courts, by granting _benefices_, by which rules which
+were too severe were modified, and faculties or facilities for
+overcoming difficulties arising from flaws in contracts or judgments,
+cases at that time not covered by the common law. By _lettres de grace_
+he granted reprieve or pardon in individual cases. The most extreme form
+of intervention by the king was made by means of _lettres de cachet_
+(q.v.), which ordered a subject to go without trial into a state prison
+or into exile.
+
+
+  The Church.
+
+The condition of the Church changed greatly during this period. The
+jurisdiction of the _officialites_ was very much reduced, even over the
+clergy. They ceased to be competent to judge actions concerning the
+possession of real property, in which the clergy were defendants. In
+criminal law the theory of the _cas privilegie_, which appears in the
+14th century, enabled the royal judges to take action against and judge
+the clergy for all serious crimes, though without the power of
+inflicting any penalties but arbitrary fines, the ecclesiastical judge
+remaining competent, in accordance with the privileges of clergy, to try
+the offender for the same crime as what was technically called a _delit
+commun_. The development of jurisprudence gradually removed from the
+_officialites_ causes of a purely secular character in which laymen only
+were concerned, such as wills and contracts; and in matrimonial cases
+their jurisdiction was limited to those in which the _foedus matrimonii_
+was in question. For the acquisition of real property by ecclesiastical
+establishments the consent of the king to the amortizement was always
+necessary, even in the case of allodial lands; and if it was a case of
+feudal tenures the king and the direct overlords alone kept their
+rights, the intermediate lords being left out of the question.
+
+
+  Papal encroachments.
+
+As regards the conferring of ecclesiastical benefices, from the 14th
+century onwards the papacy encroached more and more upon the rights of
+the bishops, in whose gift the inferior benefices generally were, and of
+the electors, who usually conferred the superior benefices; at the same
+time it exacted from newly appointed incumbents heavy dues, which were
+included under the generic name of annates (q.v.). During the Great
+Schism of the Western Church, these abuses became more and more crying,
+until by a series of edicts, promulgated with the consent and advice of
+the parlement and the clergy, the Gallican Church was restored to the
+possession of its former liberties, under the royal authority. Thus
+France was ready to accept the decrees of reform issued by the council
+of Basel (q.v.), which she did, with a few modifications, in the
+Pragmatic Sanction of Charles VII., adopted after a solemn assembly of
+the clergy and nobles at Bourges and registered by the parlement of
+Paris in 1438. It suppressed the annates and most of the means by which
+the popes disposed of the inferior benefices: the reservations and the
+_gratiae expectativae_. For the choice of bishops and abbots, it
+restored election by the chapters and convents. The Pragmatic Sanction,
+however, was never recognized by the papacy, nor was it consistently and
+strictly applied by the royal power. The transformation of the civil and
+criminal law under the influence of Roman and canon law had become more
+and more marked. The production of the _coutumiers_, or _livres de
+pratiques_, also continued. The chief of them were: in the 14th century,
+the _Stylus Vetus Curiae Parlamenti_ of Guillaume de Breuil; the _Tres
+ancienne coutume de Bretagne_; the _Grand Coutumier de France_, or
+_Coutumier de Charles VI._; the _Somme rural_ of Boutillier; in the 15th
+century, for Auvergne, the _Practica forensis_ of Masuer. Charles VII.,
+in an article of the Grand Ordonnance of Montil-les-Tours (1453),
+ordered the general customs to be officially recorded under the
+supervision of the crown. It was an enormous work, which would almost
+have transformed them into written laws; but up to the 16th century
+little recording was done, the procedure established by the Ordonnance
+for the purpose not being very suitable.
+
+
+  Government under the absolute monarchy.
+
+_The Absolute Monarchy._--From the 16th century to the Revolution was
+the period of the absolute monarchy, but it can be further divided into
+two periods: that of the establishment of this regime, from 1515 to
+about 1673; and that of the _ancien regime_ when definitively
+established, from 1673 to 1789. The reigns of Francis I. and Henry II.
+clearly laid down the principle of the absolute power of the crown and
+applied it effectually, as is plainly seen from the temporary
+disappearance of the states general, which were not assembled under
+these two reigns. There were merely a few assemblies of notables chosen
+by the royal power, the most important of which was that of Cognac,
+under Francis I., summoned to advise on the non-fulfilment of the treaty
+of Madrid. It is true that in the second half of the 16th century the
+states general reappeared. They were summoned in 1560 at Orleans, then
+in 1561 at Pontoise, and in 1576 and 1588 at Blois. The League even
+convoked one, which was held at Paris in 1593. This represented a
+crucial and final struggle. Two points were then at issue: firstly,
+whether France was to be Protestant or Catholic; secondly, whether she
+was to have a limited or an absolute monarchy. The two problems were not
+necessarily bound up with one another. For if the Protestants desired
+political liberty, many of the Catholics wished for it too, as is proved
+by the writings of the time, and even by the fact that the League
+summoned the estates. But the states general of the 16th century, in
+spite of their good intentions and the great talents which were at their
+service, were dominated by religious passions, which made them powerless
+for any practical purpose. They only produced a few great ordinances of
+reform, which were not well observed. They were, however, to be called
+together yet again, as a result of the disturbances which followed the
+death of Henry IV.; but their dissensions and powerlessness were again
+strikingly exemplified and they did not reappear until 1789. Other
+bodies, however, which the royal power had created, were to carry on the
+struggle against it. There were the parlements, the political rivals of
+the states general. Thanks to the principle according to which no law
+came into effect so long as it had not been registered by them, they
+had, as we have seen, won for themselves the right of a preliminary
+discussion of those laws which were presented to them, and of refusing
+registration, explaining their reasons to the king by means of the
+_remontrances_. The royal power saw in this merely a concession from
+itself, a consultative power, which ought to yield before the royal
+will, when the latter was clearly manifested, either by _lettres de
+jussion_ or by the actual words and presence of the king, when he came
+in person to procure the registration of a law in a so-called _lit de
+justice_. But from the 16th century onwards the members of the
+parlements claimed, on the strength of a historical theory, to have
+inherited the powers of the ancient assemblies (the Merovingian and
+Carolingian _placita_ and the _curia regis_), powers which they,
+moreover, greatly exaggerated. The successful assertion of this claim
+would have made them at once independent of and necessary to the crown.
+During the minority of kings, they had possessed, in fact, special
+opportunities for asserting their pretensions, particularly when they
+had been called upon to intervene in the organization of the regency. It
+is on this account that at the beginning of the reign of Louis XIV. the
+parlement of Paris wished to take part in the government, and in 1648,
+in concert with the other supreme courts of the capital, temporarily
+imposed a sort of charter of liberties. But the first Fronde, of which
+the parlement was the centre and soul, led to its downfall, which was
+completed when later on Louis XIV. became all-powerful. The ordinance of
+1667 on civil procedure, and above all a declaration of 1673, ordered
+the parlement to register the laws as soon as it received them and
+without any modification. It was only after this registration that they
+were allowed to draw up remonstrances, which were henceforth futile. The
+nobles, as a body, had also become politically impotent. They had been
+sorely tried by the wars of religion, and Richelieu, in his struggles
+against the governors of the provinces, had crushed their chief leaders.
+The second Fronde was their last effort (see FRONDE). At the same time
+the central government underwent changes. The great officers of the
+crown disappeared one by one. The office of constable of France was
+suppressed by purchase during the first half of the 17th century, and of
+those in the first rank only the chancellor survived till the
+Revolution. But though his title could only be taken from him by
+condemnation on a capital charge, the king was able to deprive him of
+his functions by taking from him the custody and use of the seal of
+France, which were entrusted to a _garde des sceaux_. Apart from the
+latter, the king's real ministers were the secretaries of state,
+generally four in number, who were always removable and were not chosen
+from among the great nobles. For purposes of internal administration,
+the provinces were divided among them, each of them corresponding by
+despatches with those which were assigned to him. Any other business
+(with the exception of legal affairs, which belonged to the chancellor,
+and finance, of which we shall speak later) was divided among them
+according to convenience. At the end of the 16th century, however, were
+evolved two regular departments, those of war and foreign affairs. Under
+Francis I. and Henry II., the chief administration of finance underwent
+a change; for the four _generaux des finances_, who had become too
+powerful, were substituted the _intendants des finances_, one of whom
+soon became a chief minister of finance, with the title _surintendant_.
+The _generaux des finances_, like the _tresoriers_ de France, became
+provincial officials, each at the head of a _generalite_ (a superior
+administrative district for purposes of finance); under Henry II. the
+two functions were combined and assigned to the _bureaux des finances_.
+The fall of Fouquet led to the suppression of the office of
+_surintendant_; but soon Colbert again became practically a minister of
+finance, under the name of _controleur general des finances_, both title
+and office continuing to exist up to the Revolution.
+
+The _conseil du roi_, the origin of which we have described, was an
+important organ of the central government, and for a long time included
+among its members a large number of representatives of the nobility and
+clergy. Besides the councillors of state (_conseillers d'etat_), its
+ordinary members, the great officers of the crown and secretaries of
+state, princes of the blood and peers of France were members of it by
+right. Further, the king was accustomed to grant the brevet of
+councillor to a great number of the nobility and clergy, who could be
+called upon to sit in the council and give an opinion on matters of
+importance. But in the 17th century the council tended to differentiate
+its functions, forming three principal sections, one for political, one
+for financial, and the third for legal affairs. Under Louis XIV. it took
+a definitely professional, administrative and technical character. The
+_conseillers a brevet_ were all suppressed in 1673, and the peers of
+France ceased to be members of the council. The political council, or
+_conseil d'en haut_, had no _ex officio_ members, not even the
+chancellor; the secretary of state for foreign affairs, however,
+necessarily had entry to it; it also included a small number of persons
+chosen by the king and bearing the title of ministers of state
+(_ministres d'etat_). The other important sections of the conseil du roi
+were the _conseil des finances_, organized after the fall of Fouquet,
+and the _conseil des depeches_, in which sat the four secretaries of
+state and where everything concerned with internal administration
+(except finance) was dealt with, including the legal business connected
+with this administration. As to the government and the preparation of
+laws, under Louis XIV. and Louis XV., the _conseil du roi_ often passed
+into the background, when, as the saying went, a minister who was
+projecting some important measure _travaillait seul avec le roi_ (worked
+alone with the king), having from the outset gained the king's ear.
+
+
+  Provincial administration.
+
+The chief authority in the provincial administration belonged in the
+16th century to the governors of the provinces, though, strictly
+speaking, the governor had only military powers in his _gouvernement_;
+for, as we have seen, he was the direct representative of the king for
+general purposes. But at the end of this century were created the
+intendants of the provinces, who, after a period of conflict with the
+governors and the parlements, became absolute masters of the
+administration in all those provinces which had no provincial estates,
+and the instruments of a complete administrative centralization (see
+INTENDANT).
+
+
+  The towns.
+
+The towns having a _corps de ville_, that is to say, a municipal
+organization, preserved in the 16th century a fairly wide autonomy, and
+played an important part in the wars of religion, especially under the
+League. But under Louis XIV. their independence rapidly declined. They
+were placed under the tutelage of the intendants, whose sanction, or
+that of the _conseil du roi_, was necessary for all acts of any
+importance. In the closing years of the 17th century, the municipal
+officials ceased, even in principle, to be elective. Their functions
+ranked as offices which were, like royal offices, saleable and
+heritable. The pretext given by the edicts were the intrigues and
+dissensions caused by the elections; the real cause was that the
+government wanted to sell these offices, which is proved by the fact
+that it frequently allowed towns to redeem them and to re-establish the
+elections.
+
+
+  Sale of offices.
+
+The sale of royal offices is one of the characteristic features of the
+_ancien regime_. It had begun early, and, apparently, with the office of
+councillor of the parlement of Paris, when this became permanent, in the
+second half of the 14th century. It was first practised by magistrates
+who wished to dispose of their office in favour of a successor of their
+own choice. The _resignatio in favorem_ of ecclesiastical benefices
+served as model, and at first care was taken to conceal the money
+transaction between the parties. The crown winked at these resignations
+in consideration of a payment in money. But in the 16th century, under
+Francis I. at the latest, the crown itself began officially to sell
+offices, whether newly created or vacant by the death of their
+occupiers, taking a fee from those upon whom they were conferred. Under
+Charles IX. the right of resigning _in favorem_ was recognized by law in
+the case of royal officials, in return for a payment to the treasury of
+a certain proportion of the price. In the case of judicial offices there
+was a struggle for at least two centuries between the system of sale and
+another, also imitated from canon law, i.e. the election or presentation
+of candidates by the legal corporations. The ordinances of the second
+half of the 16th century, granted in answer to complaints of the states
+general, restored and confirmed the latter system, giving a share in the
+presentation to the towns or provincial notables and forbidding sales.
+The system of sale, however, triumphed in the end, and, in the case of
+judges, had, moreover, a favourable result, assuring to them that
+irremovability which Louis XI. had promised in vain; for, under this
+system, the king could not reasonably dismiss an official arbitrarily
+without refunding the fee which he had paid. On the other hand, it
+contributed to the development of the _epices_, or dues paid by
+litigants to the judges. The system of sale, and with it irremovability,
+was extended to all official functions, even to financial posts. The
+process was completed by the recognition of the rights in the sale of
+offices as hereditary, i.e. the right of resigning the office on payment
+of a fee, either in favour of a competent descendant or of a third
+party, passed to the heirs of an official who had died without having
+exercised this right himself. It was established under Henry IV. in 1604
+by the system called the _Paulette_, in return for the payment by the
+official of an annual fee (_droit annuel_) which was definitely fixed at
+a hundredth part of the price of the office. Thus these offices, though
+the royal nomination was still required as well as the professional
+qualifications required by the law, became heritable property in virtue
+of the finance attached to them. This led to the formation of a class of
+men who, though bound in many ways to the crown, were actually
+independent. Hence the tendency in the 18th century to create new and
+important functions under the form, not of offices, but of simple
+commissions.
+
+
+  Fundamental laws of France.
+
+In this period of the history of France were evolved and defined the
+essential principles of the old public law. There were, in the first
+place, the _fundamental laws of the realm_, which were true
+constitutional principles, established for the most part not by law but
+by custom, and considered as binding in respect of the king himself; so
+that, although he was sovereign, he could neither abrogate, nor modify,
+nor violate them. There was, however, some discussion as to what rules
+actually came under this category, except in the case of two series
+about which there was no doubt. These were, on the one hand, those which
+dealt with the succession to the crown and forbade the king to change
+its order, and those which proclaimed the inalienability of the royal
+domain, against which no title by prescription was valid. This last
+principle, introduced in the 14th century, had been laid down and
+defined by the edict of Moulins in 1566; it admitted only two
+exceptions: the formation of appanages (q.v.), and selling
+(_engagement_), to meet the necessities of war, with a perpetual option
+of redeeming it.
+
+There was in the second place the theory of the rights, franchises and
+liberties of the Gallican Church, formed of elements some of which were
+of great antiquity, and based on the conditions which had determined the
+relations of the Gallican Church with the crown and papacy during the
+Great Schism and under the Pragmatic Sanction of Bourges, and defined at
+the end of the 16th and the beginning of the 17th century. This body of
+doctrine was defined by the writings of three men especially, Guy
+Coquille, Pierre Pithou and Pierre Dupuy, and was solemnly confirmed by
+the declaration of the clergy of France, or _Declaration des quatres
+articles_ of 1682, and by the edict which promulgated it. Its substance
+was based chiefly on three principles: firstly, that the temporal power
+was absolutely independent of the spiritual power; secondly, that the
+pope had authority over the clergy of France in temporal matters and
+matters of discipline only by the consent of the king; thirdly, that
+the king had authority over and could legislate for the Gallican Church
+in temporal matters and matters of discipline. The old public law
+provided a safeguard against the violation of these rules. This was the
+process known as the _appel comme d'abus_, formed of various elements,
+some of them very ancient, and definitely established during the 16th
+century. It was heard before the parlements, but could, like every other
+case, be evoked before the royal council. Its effect was to annul any
+act of the ecclesiastical authority due to abuse or contrary to French
+law. The clergy were, when necessary, reduced to obedience by means of
+arbitrary fines and by the seizure of their temporalities. The Pragmatic
+Sanction had been abrogated and replaced by the Concordat of 1515,
+concluded between Francis I. and Leo X., which remained in force until
+suppressed by the Constituent Assembly. The Concordat, moreover,
+preserved many of the enactments of the Pragmatic Sanction, notably
+those which protected the collation of the inferior benefices from the
+encroachments of the papacy, and which had introduced reforms in certain
+points of discipline. But in the case of the superior benefices
+(bishoprics and abbeys) election by the chapters was suppressed. The
+king of France nominated the candidate, to whom the pope gave canonical
+institution. As a matter of fact, the pope had no choice; he had to
+institute the nominee of the king, unless he could show his unworthiness
+or incapacity, as the result of inquiries regularly conducted in France;
+for the pope it was, as the ancient French authors used to say, a case
+of compulsory collation. The annates were re-established at the time of
+the Concordat, but considerably diminished in comparison with what they
+had been before the Pragmatic Sanction. We must add, to complete this
+account, that many of the inferior benefices, in France as in the rest
+of Christendom, were conferred according to the rules of patronage, the
+patron, whether lay or ecclesiastic, presenting a candidate whom the
+bishop was bound to appoint, provided he was neither incapable nor
+unsuitable. There was some difficulty in getting the Concordat
+registered by the parlement of Paris, and the latter even announced its
+intention of not taking the Concordat into account in those cases
+concerning benefices which might come before it. The crown found an easy
+method of making this opposition ineffectual, namely, to transfer to the
+Grand Conseil the decision of cases arising out of the application of
+the Concordat.
+
+In the 16th century also, contributions to the public services drawn
+from the immense possessions of the clergy were regularized. Since the
+second half of the 12th century at least, the kings had in times of
+urgent need asked for subsidies from the church, and ever since the
+Saladin tithe (_dime saladine_) of Philip Augustus this contribution had
+assumed the form of a tithe, taking a tenth part of the revenue of the
+benefices for a given period. Tithes of this kind were fairly frequently
+granted by the clergy of France, either with the pope's consent or
+without (this being a disputed point). After the conclusion of the
+Concordat, Leo X. granted the king a tithe (_decime_) under the pretext
+of a projected war against the Turks; hitherto concessions of this kind
+had been made by the papacy in view of the Crusades or of wars against
+heretics. The concession was several times renewed, until, by force of
+custom, the levying of these tithes became permanent. But in the middle
+of the 16th century the system changed. The crown was heavily in debt,
+and its needs had increased. The property of the clergy having been
+threatened by the states general of 1560 and 1561, the king proposed to
+them to remit the bulk of the tithes and other dues, in return for the
+payment by them of a sum equivalent to the proceeds of the taxes which
+he had mortgaged. A formal contract to this effect was concluded at
+Poissy in 1561 between the king and the clergy of France, represented by
+the prelates who were then gathered together for the Colloquy of Poissy
+with the Protestants, and some of those who had been sitting at the
+states general of Pontoise. The fulfilment of this agreement was,
+however, evaded by the king, who diverted part of the funds provided by
+the clergy from their proper purpose. In 1580, after a period of ten
+years which had been agreed on, a new assembly of the clergy was called
+together and, after protesting against this action, renewed the
+agreement, which was henceforward always renewed every ten years. Such
+was the definitive form of the contribution of the clergy, who also
+acquired the right of themselves assessing and levying these taxes on
+the holders of benefices. Thus every ten years there was a great
+assembly of the clergy, the members of which were elected. There were
+two stages in the election, a preliminary one in the dioceses and a
+further election in the ecclesiastical provinces, each province sending
+four deputies to the general assembly, two of the first rank, that is to
+say, chosen from the episcopate, and two of the second rank, which
+included all the other clergy. The _dons gratuits_ (benevolences) voted
+by the assembly comprised a fixed sum equivalent to the old tithes and
+supplementary sums paid on one occasion only, which were sometimes
+considerable. The church, on her side, profited by this arrangement in
+order to obtain the commutation or redemption of the taxes affecting
+ecclesiastics considered as individuals. This settlement only applied to
+the "clergy of France," that is to say, to the clergy of those districts
+which were united to the crown before the end of the 16th century. The
+provinces annexed later, called _pays etrangers_, or _pays conquis_, had
+in this matter, as in many others, an arrangement of their own. At last,
+under Louis XV. the edict of 1749, _concernant les etablissements et
+acquisitions des gens de mainmorte_, was completely effective in
+subordinating the acquisition of property by ecclesiastical
+establishments to the consent and control of the crown, rendering them
+incapable of acquiring real property by bequests.
+
+At the end of the 16th century a wise law had been made which, in spite
+of the traces which it bore of past struggles, had established a
+reasonable balance among the Christians of France. The edict of Nantes,
+in 1598, granted the Protestants full civil rights, liberty of
+conscience and public worship in many places, and notably in all the
+royal _bailliages_. The Catholics, whose religion was essentially a
+state religion, had never accepted this arrangement as final, and at
+last, in 1685, under Louis XIV., the edict of Nantes was revoked and the
+Protestant pastors expelled from France. Their followers were forbidden
+to leave the country, but many succeeded nevertheless in escaping
+abroad. The position of those who remained behind was peculiar. Laws
+passed in 1715 and 1724 established the legal theory that there were no
+longer any Protestants in France, but only _vieux catholiques_ and
+_nouveaux convertis_. The result was that henceforth they had no longer
+any regular civil status, the registers containing the lists of
+Catholics enjoying civil rights being kept by the Catholic clergy.
+
+The form of government established under Louis XIV. was preserved
+without any fundamental modification under Louis XV. After the death of
+Louis XIV., however, the regent, under the inspiration of the duc de St
+Simon, made trial of a system of which the latter had made a study while
+in a close correspondence with the duke of Burgundy. It consisted in
+substituting for the authority of the ministers, secretaries of state
+and controller-general councils, or governmental bodies, mainly composed
+of great lords and prelates. These only lasted for a few years, when a
+return was made to the former organization. The parlements had regained
+their ancient rights in consequence of the parlement of Paris having, in
+1715, set aside the will of Louis XIV. as being contrary to the
+fundamental laws of the kingdom, in that it laid down rules for the
+composition of the council of regency, and limited the power of the
+regent. This newly revived power they exercised freely, and all the more
+so since they were the last surviving check on the royal authority.
+During this reign there were numerous conflicts between them and the
+government, the causes of this being primarily the innumerable incidents
+to which the bull _Unigenitus_ gave rise, and the increase of taxation;
+proceedings against Jesuits also figure conspicuously in the action of
+the parlements. They became at this period the avowed representatives of
+the nation; they contested the validity of the registration of laws in
+the _lits de justice_, asserting that laws could only be made obligatory
+when the registration had been freely endorsed by themselves. Before
+the registration of edicts concerning taxation they demanded a statement
+of the financial situation and the right of examining the accounts.
+Finally, by the theory of the _classes_, which considered the various
+parlements of France as parts of one and the same body, they established
+among them a political union. These pretensions the crown refused to
+recognize. Louis XV. solemnly condemned them in a _lit de justice_ of
+December 1770, and in 1771 the chancellor Maupeou took drastic measures
+against them. The magistrates of the parlement of Paris were removed,
+and a new parlement was constituted, including the members of the _grand
+conseil_, which had also been abolished. The _cour des aides_ of Paris,
+which had made common cause with the parlement, was also suppressed.
+Many of the provincial parlements were reorganized, and a certain number
+of useful reforms were carried out in the jurisdiction of the parlement
+of Paris; the object of these, however, was in most cases that of
+diminishing its importance. These actions, the _coup d'etat_ of the
+chancellor Maupeou, as they were called, produced an immense sensation.
+The repeated conflicts of the reign of Louis XV. had already given rise
+to a whole literature of books, pamphlets and tracts in which the rights
+of the crown were discussed. At the same time the political philosophy
+of the 18th century was disseminating new principles, and especially
+those of the supremacy of the people and the differentiation of powers,
+the government of England also became known among the French. Thus men's
+minds were being prepared for the Revolution.
+
+The personal government of Louis XVI. from 1774 to 1789 was chiefly
+marked by two series of facts. Firstly, there was the partial
+application of the principles propounded by the French economists of
+this period, the Physiocrats, who had a political doctrine peculiar to
+themselves. They were not in favour of political liberty, but attached
+on the contrary to the absolute monarchy, of which they did not fear the
+abuses because they were convinced that so soon as they should be known,
+reason (_evidence_) alone would suffice to make the crown respect the
+"natural and essential laws of bodies politic" (_Lois naturelles et
+essentielles des societes politiques_, the title of a book by Mercier de
+La Riviere). On the other hand, they favoured civil and economic
+liberty. They wished, in particular, to decentralize the administration
+and restore to the landed proprietors the administration and levying of
+taxes, which they wished to reduce to a tax on land only. This school
+came into power with Turgot, who was appointed controller-general of the
+finances, and laid the foundations of many reforms. He actually
+accomplished for the moment one very important reform, namely, the
+suppression of the trade and craft gilds (_communautes, jurandes et
+maitrises_). This organization, which was common to the whole of Europe
+(see GILDS), had taken definitive shape in France in the 13th and 14th
+centuries, but had subsequently been much abused. Turgot suppressed the
+privileges of the _maitres_, who alone had been able to work on their
+own account, or to open shops and workshops, and thus proclaimed the
+freedom of labour, industry and commerce. However, the old organization,
+slightly amended, was restored under his successor Necker. It was
+Turgot's purpose to organize provincial and other inferior assemblies,
+whose chief business was to be the assessment of taxes. Necker applied
+this idea, partially and experimentally, by creating a few of these
+provincial assemblies in various _generalites_ of the _pays
+d'elections_. A general reform on these lines and on a very liberal
+basis was proposed by Calonne to the assembly of notables in 1787, and
+it was brought into force for all the _pays d'elections_, though not
+under such good conditions, by an edict of the same year. Louis XVI. had
+inaugurated his reign by the restoration of the parlements; all the
+bodies which had been suppressed by Maupeou and all the officials whom
+he had dismissed were restored, and all the bodies and officials created
+by him were suppressed. But it was not long before the old struggle
+between the crown and parlements again broke out. It began by the
+conservative opposition offered by the parlement of Paris to Turgot's
+reforms. But the real struggle broke out in 1787 over the edicts coming
+from the assembly of notables, and particularly over the two new taxes,
+the stamp duty and the land tax. The parlement of Paris refused to
+register them, asserting that the consent of the taxpayers, as
+represented by the states general, was necessary to fresh taxation. The
+struggle seemed to have come to an end in September; but in the
+following November it again broke out, in spite of the king's promise to
+summon the states general. It reached its height in May 1788, when the
+king had created a _cour pleniere_ distinct from the parlements, the
+chief function of which was to register the laws in their stead. A
+widespread agitation arose, amounting to actual anarchy, and was only
+ended by the recall of Necker to power and the promise to convoke the
+states general for 1789.
+
+
+  The army.
+
+_Various Institutions._--The permanent army which, as has been stated
+above, was first established under Charles VII., was developed and
+organized during the _ancien regime_. The _gendarmerie_ or heavy cavalry
+was continuously increased in numbers. On the other hand, the _francs
+archers_ fell into disuse after Louis XI.; and, after a fruitless
+attempt had been made under Francis I. to establish a national infantry,
+the system was adopted for this also of recruiting permanent bodies of
+mercenaries by voluntary enlistment. First there were the "old bands"
+(_vieilles bandes_), chiefly those of Picardy and Piedmont, and at the
+end of the 16th century appeared the first regiments, the number of
+which was from time to time increased. There were also in the service
+and pay of the king French and foreign regiments, the latter principally
+Swiss, Germans and Scots. The system of purchase penetrated also to the
+army. Each regiment was the property of a great lord; the captain was,
+so to speak, owner of his company, or rather a contractor, who, in
+return for the sums paid him by the king, recruited his men and gave
+them their uniform, arms and equipment. In the second half of the reign
+of Louis XIV. appeared the militia (_milices_). To this force each
+parish had to furnish one recruit, who was at first chosen by the
+assembly of the inhabitants, later by drawing lots among the bachelors
+or widowers without children, who were not exempt. The militia was very
+rarely raised from the towns. The purpose for which these men were
+employed varied from time to time. Sometimes, as under Louis XIV., they
+were formed into special active regiments. Under Louis XV. and Louis
+XVI. they were formed into _regiments provinciaux_, which constituted an
+organized reserve. But their chief use was during war, when they were
+individually incorporated into various regiments to fill up the gaps.
+
+Under Louis XV., with the duc de Choiseul as minister of war, great and
+useful reforms were effected in the army. Choiseul suppressed what he
+called the "farming of companies" (_compagnie-ferme_); recruiting became
+a function of the state, and voluntary enlistment a contract between the
+recruit and the state. Arms, uniform and equipment were furnished by the
+king. Choiseul also equalized the numbers of the military units, and his
+reforms, together with a few others effected under Louis XVI., produced
+the army which fought the first campaigns of the Revolution.
+
+
+  System of taxation.
+
+One of the most distinctive features of the _ancien regime_ was
+excessive taxation. The taxes imposed by the king were numerous, and,
+moreover, hardly any of them fell on all parts of the kingdom. To this
+territorial inequality was added the inequality arising from privileges.
+Ecclesiastics, nobles, and many of the crown officials were exempted
+from the heaviest imposts. The chief taxes were the _taille_ (q.v.), the
+_aides_ and the _gabelle_ (q.v.), or monopoly of salt, the consumption
+of which was generally made compulsory up to the amount determined by
+regulations. In the 17th and 18th centuries certain important new taxes
+were established: from 1695 to 1698 the _capitation_, which was
+re-established in 1701 with considerable modifications, and in 1710 the
+tax of the _dixieme_, which became under Louis XV. the tax of the
+_vingtiemes_. These two imposts had been established on the principle of
+equality, being designed to affect every subject in proportion to his
+income; but so strong was the system of privileges, that as a matter of
+fact the chief burden fell upon the roturiers. The income of a roturier
+who was not exempt was thus subject in turn to three direct imposts: the
+_taille_, the _capitation_ and the _vingtiemes_, and the apportioning or
+assessment of these was extremely arbitrary. In addition to indirect
+taxation strictly so called, which was very extensive in the 17th and
+18th centuries, France under the _ancien regime_ was subject to the
+_traites_, or customs, which were not only levied at the frontiers on
+foreign trade, but also included many internal custom-houses for trade
+between different provinces. Their origin was generally due to
+historical reasons; thus, among the _provinces reputees etrangeres_ were
+those which in the 14th century had refused to pay the aids for the
+ransom of King John, also certain provinces which had refused to allow
+customs offices to be established on their foreign frontier. Colbert had
+tried to abolish these internal duties, but had only succeeded to a
+limited extent.
+
+The indirect taxes, the _traites_ and the revenues of the royal domain
+were farmed out by the crown. At first a separate contract had been made
+for each impost in each _election_, but later they were combined into
+larger lots, as is shown by the name of one of the customs districts,
+_l'enceinte des cinq grosses fermes_. From the reign of Henry IV. on the
+levying of each indirect impost was farmed _en bloc_ for the whole
+kingdom, a system known as the _fermes generales_; but the real _ferme
+generale_, including all the imposts and revenues which were farmed in
+the whole of France, was only established under Colbert. The _ferme
+generale_ was a powerful company, employing a vast number of men, most
+of whom enjoyed various privileges. Besides the royal taxes, seigniorial
+imposts survived under the form of tolls and market dues. The lords also
+often possessed local monopolies, e.g. the right of the common bakehouse
+(_four banal_), which were called the _banalites_.
+
+
+  Courts of law.
+
+The organization of the royal courts of justice underwent but few
+modifications during the _ancien regime_. The number of parlements, of
+_cours des aides_ and of _cours des comptes_ increased; in the 17th
+century the name of _conseil superieur_ was given to some new bodies
+which actually discharged the functions of the parlement, this being the
+period of the decline of the parlement. In the 16th century, under Henry
+II., had been created _presidiaux_, or courts of final jurisdiction,
+intended to avoid numerous appeals in small cases, and above all to
+avoid a final appeal to the parlements. Seigniorial courts survived, but
+were entirely subordinate to the royal jurisdictions and were badly
+officered by ill-paid and ignorant judges, the lords having long ago
+lost the right to sit in them in person. Their chief use was to deal
+with cases concerning the payment of feudal dues to the lord. Both
+lawyers and people would have preferred only two degrees of justice; and
+an ordinance of May 1788 realized this desire in the main. It did not
+suppress the seigniorial jurisdictions, but made their extinction a
+certainty by allowing litigants to ignore them and go straight to the
+royal judges. This was, however, reversed on the recall of Necker and
+the temporary triumph of the parlements.
+
+
+  Ecclesiastical courts.
+
+The ecclesiastical jurisdictions survived to the end, but with
+diminished scope. Their competency had been considerably reduced by the
+Ordinance of Villers Cotterets of 1539, and by an edict of 1693. But a
+series of ingenious legal theories had been principally efficacious in
+gradually depriving them of most of the cases which had hitherto come
+under them. In the 18th century the privilege of clergy did not prevent
+civil suits in which the clergy were defendants from being almost always
+taken before secular tribunals, and ever since the first half of the
+17th century, for all grave offences, or _cas privilegies_, the royal
+judge could pronounce a sentence of corporal punishment on a guilty
+cleric without this necessitating his previous degradation. The inquiry
+into the case was, it is true, conducted jointly by the royal and the
+ecclesiastical judge, but each of them pronounced his sentence
+independently. All cases concerning benefices came before the royal
+judges. Finally, the _officialites_ had no longer as a rule any
+jurisdiction over laymen, even in the matter of marriage, except in
+questions of betrothals, and sometimes in cases of opposition to
+marriages. The parish priests, however, continued to enter declarations
+of baptisms, marriages and burials in registers kept according to the
+civil laws.
+
+
+  The "customs."
+
+The general customs of the _pays coutumiers_ were almost all officially
+recorded in the 16th century, definite procedure for this purpose having
+been adopted at the end of the 15th century. Drafts were prepared by the
+officials of the royal courts in the chief town of the district in which
+the particular customs were valid, and were then submitted to the
+government. The king then appointed commissioners to visit the district
+and promulgate the customs on the spot. For the purpose of this
+_publication_ the lords, lay and ecclesiastical, of the district, with
+representatives of the towns and of various bodies of the inhabitants,
+were summoned for a given day to the chief town. In this assembly each
+article was read, discussed and put to the vote. Those which were
+approved by the majority were thereupon decreed (_decretes_) by the
+commissioners in the king's name; those which gave rise to difficulties
+were put aside for the parlement to settle when it registered the
+_coutume_. The _coutumes_ in this form became practically written law;
+henceforward their text could only be modified by a formal revision
+carried out according to the same procedure as the first version.
+Throughout the 16th century a fair number of _coutumes_ were thus
+revised (_reformees_), with the express object of profiting by the
+observations and criticisms on the first text which had appeared in
+published commentaries and notes, the most important of which were those
+of Charles Dumoulin. In the 16th century there had been a revival of the
+study of Roman law, thanks to the historical school, among the most
+illustrious representatives of which were Jacques Cujas, Hugues Doneau
+and Jacques Godefroy; but this study had only slight influence on
+practical jurisprudence. Certain institutions, however, such as
+contracts and obligations, were regulated throughout the whole of France
+by the principles of Roman law.
+
+Legislation by _ordonnances, edits, declarations_ or _lettres patentes_,
+emanating from the king, became more and more frequent; but the
+character of the _grandes ordonnances_, which were of a far-reaching and
+comprehensive nature, underwent a change during this period. In the
+14th, 15th and 16th centuries they had been mainly _ordonnances de
+reformation_ (i.e. revising previous laws), which were most frequently
+drawn up after a sitting of the states general, in accordance with the
+suggestions submitted by the deputies. The last of this type was the
+ordinance of 1629, promulgated after the states general of 1614 and the
+assemblies of notables which had followed it. In the 17th and 18th
+centuries they became essentially _codifications_, comprising a
+systematic and detailed statement of the whole branch of law. There are
+two of these series of codifying ordinances: the first under Louis XIV.,
+inspired by Colbert and carried out under his direction. The chief
+ordinances of this group are that of 1667 on civil procedure (code of
+civil procedure); that of 1670 on the examination of criminal cases
+(code of penal procedure); that of 1673 on the commerce of merchants,
+and that of 1681 on the regulation of shipping, which form between them
+a complete code of commerce by land and sea. The ordinance of 1670
+determined the formalities of that secret and written criminal
+procedure, as opposed to the hearing of both parties in a suit, which
+formerly obtained in France; it even increased its severity, continuing
+the employment of torture, binding the accused by oath to speak the
+truth, and refusing them counsel save in exceptional cases. The second
+series of codifications was made under Louis XV., through the action of
+the chancellor d'Aguesseau. Its chief result was the regulation, by the
+ordinances of 1731, 1735 and 1747, of deeds of gift between living
+persons, wills, and property left in trust. Under Louis XVI. some
+mitigation was made of the criminal law, notably the abolition of
+torture.
+
+
+  Land tenure.
+
+The feudal regime, in spite of the survival of seigniorial courts and
+tolls, was no longer of any political importance; but it still furnished
+the common form of real property. The fief, although it still implied
+homage from the vassal, no longer involved any service on his part
+(excepting that of the _arriere-ban_ due to the king); but when a fief
+changed hands the lord still exacted his _profits_. Tenures held by
+_roturiers_, in addition to some similar rights of transfer, were
+generally subject to periodical and fixed contributions for the profit
+of the lord. This system was still further complicated by tenures which
+were simply real and not feudal, e.g. that by payment of ground rent,
+which were superadded to the others, and had become all the heavier
+since, in the 18th century, royal rights of transfer had been added to
+the feudal rights. The inhabitants of the country districts were longing
+for the liberation of real property.
+
+
+  Serfdom.
+
+  The three estates.
+
+Serfdom had disappeared from most of the provinces of the kingdom; among
+all the _coutumes_ which were officially codified, not more than ten or
+so still recognized this institution. This had been brought about
+especially by the agency of the custom by which serfs had been
+transformed into _roturiers_. An edict of Louis XVI. of 1779 abolished
+serfdom on crown lands, and mitigated the condition of the serfs who
+still existed on the domains of individual lords. The nobility still
+remained a privileged class, exempt from certain taxes. Certain offices
+were restricted to the nobility; according to an edict of Louis XVI.
+(1781) it was even necessary to be a noble in order to become an officer
+in the army. In fact, the royal favours were reserved for the nobility.
+Certain rules of civil and criminal procedure also distinguished nobles
+from _roturiers_. The acquisition of fiefs had ceased to bring nobility
+with it, but the latter was derived from three sources: birth, _lettres
+d'anoblissement_ granted by the king and appointment to certain offices.
+In the 17th and 18th centuries the peers of France can be reckoned among
+the nobility, forming indeed its highest grade, though the rank of peer
+was still attached to a fief, which was handed down with it; on the eve
+of the Revolution there were thirty-eight lay peers. The rest of the
+nation, apart from the ecclesiastics, consisted of the _roturiers_, who
+were not subject to the disabilities of the serfs, but had not the
+privileges of the nobility. Hence the three orders (estates) of the
+kingdom: the clergy, the nobility and the _tiers etat_ (third estate).
+An edict of Louis XVI. had made a regular civil status possible to the
+Protestants, and had thrown open offices and professions to them, though
+not entirely; but the exercise of their religion was still forbidden.
+
+_The Revolution._--With the Revolution France entered the ranks of
+constitutional countries, in which the liberty of men is guaranteed by
+fixed and definite laws; from this time on, she has had always (except
+in the interval between two revolutions) a written constitution, which
+could not be touched by the ordinary legislative power. The first
+constitution was that of 1791; the states general of 1789, transformed
+by their own will, backed by public opinion, into the Constituent
+Assembly, drew it up on their own authority. But their work did not stop
+there. They abolished the whole of the old public law of France and part
+of the criminal law, or rather, transformed it in accordance with the
+principles laid down by the political philosophy of the 18th century.
+The principles which were then proclaimed are still, on most points, the
+foundation of modern French law. The development resulting from this
+extraordinary impetus can be divided into two quite distinct phases: the
+first, from 1789 to the _coup d'etat_ of the 18th Brumaire in the year
+VIII., was the continuation of the impulse of the Revolution; the second
+includes the Consulate and the first Empire, and was, as it were, the
+marriage or fusion of the institutions arising from the Revolution with
+those of the _ancien regime_.
+
+
+  The Constitutions of the Revolution.
+
+On the whole, the constitutional law of the Revolution is a remarkably
+united whole, if we consider only the two constitutions which were
+effectively applied during this first phase, that of the 3rd of
+September 1791, and that of the 5th Fructidor in the year III. It is
+true that between them occurred the ultra-democratic constitution of the
+24th of June 1793, the first voted by the Convention; but although this
+was ratified by the popular vote, to which it had been directly
+submitted, in accordance with a principle proclaimed by the Convention
+and kept in force under the Consulate and the Empire, it was never
+carried into effect. It was first suspended by the establishment of the
+revolutionary government strictly so called, and after Thermidor, under
+the pretext of completing it, the Convention put it aside and made a new
+one, being taught by experience. As long as it existed it was the
+sovereign assembly of the Convention itself which really exercised the
+executive power, governing chiefly by means of its great committees.
+
+The constitution of 1791 was without doubt monarchical, in so far as it
+preserved royalty. The constitution of the year III. was, on the
+contrary, republican. The horror of monarchy was still so strong at that
+time that an executive college was created, a Directory of five members,
+one of whom retired every year; they were elected by a complicated and
+curious procedure, in which each of the two legislative councils played
+a distinct part. But this difference, though apparently essential, was
+not in reality very profound; this is proved, for example, by the fact
+that the Directory had distinctly more extensive powers than those
+conferred on Louis XVI. by the Constituent Assembly. On almost all
+points of importance the two constitutions were similar. They were both
+preceded by a statement of principles, a "Declaration of the Rights of
+Man and of the Citizen." They were both based on two principles which
+they construed alike: the sovereignty of the people and the separation
+of powers. Both of them (with the exception of what has been said with
+regard to the ratification of constitutions after 1793) recognized only
+representative government. From the principle of the sovereignty of the
+people they had not deduced universal suffrage; though, short of this,
+they had extended the suffrage as far as possible. According to the
+constitution of 1791, in addition to the conditions of age and
+residence, an elector was bound to pay a direct contribution equivalent
+to three days' work; the constitution of the year III. recognized the
+payment of any direct contribution as sufficient; it even conferred on
+every citizen the right of having himself enrolled, without any other
+qualification than a payment equivalent to three days' work, and thus to
+become an elector. Further, neither of the two constitutions admitted of
+a direct suffrage; the elections were carried out in two stages, and
+only those who paid at a higher rating could be chosen as electors for
+the second stage. The executive power, which was in the case of both
+constitutions clearly separated from the legislative, could not initiate
+legislation. The Directory had no veto; Louis XVI. had with difficulty
+obtained a merely suspensive veto, which was overridden in the event of
+three legislatures successively voting against it. The right of
+dissolution was possessed by neither the king nor the Directory. Neither
+the king's ministers nor those of the Directory could be members of the
+legislative body, nor could they even be chosen from among its ranks.
+The ministers of Louis XVI. had, however, thanks to an unfortunate
+inspiration of the Constituent Assembly of 1791, the right of entry to,
+and, to a certain extent, of speaking in the Legislative Assembly; the
+constitution of the year III. showed greater wisdom in not bringing them
+in any way into contact with the legislative power. The greatest and
+most notable difference between the two constitutions was that that of
+1791 established a single chamber which was entirely renewed every two
+years; that of the year III., on the contrary, profiting by the lessons
+of the past, established two chambers, one-third of the members of which
+were renewed every year. Moreover, the two chambers, the Council of Five
+Hundred and the Council of Ancients, were appointed by the same
+electors, and almost the only difference between their members was that
+of age.
+
+
+  Abolition of the "ancien regime."
+
+The Revolution entirely abolished the _ancien regime_, and in the first
+instance whatever remained of feudalism. The Constituent Assembly, in
+the course of its immense work of settlement, wished to draw
+distinctions, abolishing absolutely, without indemnity, all rights which
+had amounted in the beginning to a usurpation and could not be
+justified, e.g. serfdom and seigniorial courts of justice. On the other
+hand, it declared subject to redemption such feudal charges as had been
+the subject of contract or of a concession of lands. But as it was
+almost impossible to discover the exact origin of various feudal
+rights, the Assembly had proceeded to do this by means of certain legal
+assumptions which sometimes admitted of a proof to the contrary. It
+carefully regulated the conditions and rate of repurchase, and forbade
+the creation in the future of any perpetual charge which could not be
+redeemed: a principle that has remained permanent in French law. This
+was a rational and equitable solution; but in a period of such violent
+excitement it could not be maintained. The Legislative Assembly declared
+the abolishment without indemnity of all feudal rights for which the
+original deed of concession could not be produced; and to produce this
+was, of course, in most cases impossible. Finally, the Convention
+entirely abolished all feudal rights, and commanded that the old deeds
+should be destroyed; it maintained on the contrary, though subject to
+redemption, those tenures and charges which were solely connected with
+landed property and not feudal.
+
+With feudalism had been abolished serfdom. Further, the Constituent
+Assembly suppressed nobility; it even forbade any one to assume and bear
+the titles, emblems and arms of nobility. Thus was established the
+equality of citizens before the law. The Assembly also proclaimed the
+liberty of labour and industry, and suppressed the corporations of
+artisans and workmen, the _jurandes_ and _maitrises_, as Turgot had
+done. But, in order to maintain this liberty of the individual, it
+forbade all associations between workers, or employers, fearing that
+such contracts would again lead to the formation of corporations similar
+to the old ones. It even forbade and declared punishable, as being
+contrary to the declaration of the rights of man and the citizen,
+combinations or strikes, or an agreement between workmen or employers to
+refuse to work or to give work except on given conditions. Such, for a
+long time, was French legislation on this point.
+
+
+  Administrative reorganization.
+
+The Constituent Assembly gave to France a new administrative division,
+that into departments, districts, cantons and communes; and this
+division, which was intended to make the old provincial distinctions
+disappear, had to serve all purposes, the department being the unit for
+all public services. This settlement was definitive, with the exception
+of certain modifications in detail, and exists to the present day. But
+there was a peculiar administrative organism depending on this
+arrangement. The constitution of 1791, it is true, made the king the
+titulary head of the executive power; but the internal administration of
+the kingdom was not actually in his hands. It was deputed, under his
+orders, to bodies elected in each department, district and commune. The
+municipal bodies were directly elected by citizens duly qualified; other
+bodies were chosen by the method of double election. Each body consisted
+of two parts: a council, for deliberative purposes, and a _bureau_ or
+_directoire_ chosen by the council from among its numbers to form the
+executive. These were the only instruments for the general
+administration and for that of the direct taxes. The king could, it is
+true, annul the illegal acts of these bodies, but not dismiss their
+members; he could merely suspend them from exercising their functions,
+but the matter then went before the Legislative Assembly, which could
+maintain or remit the suspension as it thought fit. The king had not a
+single agent chosen by himself for general administrative purposes. This
+was a reaction, though a very exaggerated one, against the excessive
+centralization of the _ancien regime_, and resulted in an absolute
+administrative anarchy. The organization of the revolutionary government
+partly restored the central authority; the councils of the departments
+were suppressed; the Committee of Public Safety and the "representatives
+of the people on mission" were able to remove and replace the members of
+the elected bodies; and also, by an ingenious arrangement, national
+agents were established in the districts. The constitution of the year
+III. continued in this course, simplifying the organization established
+by the Constituent Assembly, while maintaining its principle. The
+department had an administration of five members, elected as in the
+past, but having executive as well as deliberative functions. The
+district was suppressed. The communes retained only a municipal agent
+elected by themselves, and the actual municipal body, the importance of
+which was considerably increased, was removed to the canton, and
+consisted of the municipal agents from each commune, and a president
+elected by the duly qualified citizens of the canton. The Directory was
+represented in each departmental and communal administration by a
+commissary appointed and removable by itself, and could dismiss the
+members of these administrations.
+
+
+  Judicial system.
+
+The Constituent Assembly decided on the complete reorganization of the
+judicial organization. This was accomplished on a very simple plan,
+which realized that ideal of the two degrees of justice which, as we
+have noticed, was that of France under the _ancien regime_. In the lower
+degrees it created in each canton a justice of the peace (_juge de
+paix_), the idea and name of which were borrowed from England, but which
+differed very much from the English justice of the peace. He judged,
+both with and without appeal, civil cases of small importance; and, in
+cases which did not come within his competency, it was his duty to try
+to reconcile the parties. In each district was established a civil court
+composed of five judges. This completed the judicial organization,
+except for the court of cassation, which had functions peculiar to
+itself, never judging the facts of the case but only the application of
+the law. For cases coming under the district court, the Assembly had not
+thought fit to abolish the guarantee of the appeal in cases involving
+sums above a certain figure. But by a curious arrangement the district
+tribunals could hear appeals from one another. With regard to penal
+prosecutions, there was in each department a criminal court which judged
+crimes with the assistance of a jury; it consisted of judges borrowed
+from district courts, and had its own president and public prosecutor.
+Correctional tribunals, composed of _juges de paix_, dealt with
+misdemeanours. The Assembly preserved the commercial courts, or consular
+jurisdictions, of the _ancien regime_. There was a court of cassation,
+the purpose of which was to preserve the unity of jurisprudence in
+France; it dealt with matters of law and not of fact, considering
+appeals based on the violation of law, whether in point of matter or of
+form, and if such violation were proved, sending the matter before
+another tribunal of the same rank for re-trial. All judges were elected
+for a term of years; the _juges de paix_ by the primary assembly of the
+canton, the district judges by the electoral assembly consisting of the
+electors of the second degree for the district, the members of the court
+of cassation by the electors of the departments, who were divided for
+the purpose into two series, which voted alternately. The Constituent
+Assembly did, it is true, require professional guarantees, by proof of a
+more or less extended exercise of the profession of lawyer from all
+judges except the _juges de paix_. But the system was really the same as
+that of the administrative organization. The king only appointed the
+_commissaires du roi_ attached to the district courts, criminal
+tribunals and the court of cassation; but the appointment once made
+could not be revoked by him. These commissaries fulfilled one of the
+functions of the old _ministere public_, their duty being to demand the
+application of laws. The Convention did not change this general
+organization; but it suppressed the professional guarantees required in
+the case of candidates for a judgeship, so that henceforth all citizens
+were eligible; and it also caused new elections to take place. Moreover,
+the Convention, either directly or by means of one of its committees,
+not infrequently removed and replaced judges without further election.
+The constitution of the year III. preserved this system, but introduced
+one considerable modification. It suppressed the district courts, and in
+their place created in each department a civil tribunal consisting of
+twenty judges. The idea was a happy one, for it gave the courts more
+importance, and therefore more weight and dignity. But this reform,
+beneficial as it would be nowadays, was at the time premature, in view
+of the backward condition of means of communication.
+
+
+  The army.
+
+The Constituent Assembly suppressed the militia and maintained the
+standing army, according to the old type, the numbers of which were
+henceforth to be fixed every year by the Legislative Assembly. The army
+was to be recruited by voluntary enlistment, careful rules for which
+were drawn up; the only change was in the system of appointment to
+ranks; promotion went chiefly by seniority, and in the lower ranks a
+system of nomination by equals or inferiors was organized. The Assembly
+proclaimed, however, the principle of compulsory and personal service,
+but under a particular form, that of the National Guard, to which all
+qualified citizens belonged, and in which almost all ranks were
+conferred by election. Its chief purpose was to maintain order at home;
+but it could be called upon to furnish detachments for defence against
+foreign invasion. This was an institution which, with many successive
+modifications, and after various long periods of inactivity followed by
+a revival, lasted more than three-quarters of a century, and was not
+suppressed till 1871. For purposes of war the Convention, in addition to
+voluntary enlistments and the resources furnished by the National
+Guards, and setting aside the forced levy of 200,000 men in 1793,
+decided on the expedient of calling upon the communes to furnish men, a
+course which revived the principle of the old militia. But the Directory
+drew up an important military law, that of the 6th Fructidor of the year
+VI., which established compulsory military service for all, under the
+form of conscription strictly so called. Frenchmen aged from 20 to 25
+(_defenseurs conscrits_) were divided into five classes, each including
+the men born in the same year, and were liable until they were 25 years
+old to be called up for active service, the whole period of service not
+exceeding four years. No class was called upon until the younger classes
+had been exhausted, and the sending of substitutes was forbidden. This
+law, with a few later modifications, provided for the French armies up
+to the end of the Empire.
+
+
+  Taxation.
+
+The Constituent Assembly abolished nearly all the taxes of the _ancien
+regime_. Almost the only taxes preserved were the stamp duty and that on
+the registration of acts (the old _controle_ and _centieme denier_), and
+these were completely reorganized; the customs were maintained only at
+the frontiers for foreign trade. In the establishment of new taxes the
+Assembly was influenced by two sentiments: the hatred which had been
+inspired by the former arbitrary taxation, and the influence of the
+school of the Physiocrats. Consequently it did away with indirect
+taxation on objects of consumption, and made the principal direct tax
+the tax on land. Next in importance were the _contribution personnelle
+et mobiliere_ and the _patentes_. The essential elements of the former
+were a sort of capitation-tax equivalent to three days' work, which was
+the distinctive and definite sign of a qualified citizen, and a tax on
+personal income, calculated according to the rent paid. The _patentes_
+were paid by traders, and were also based on the amount of rent. These
+taxes, though considerably modified later, are still essentially the
+basis of the French system of direct taxation. The Constituent Assembly
+had on principle repudiated the tax on the gross income, much favoured
+under the _ancien regime_, which everybody had felt to be arbitrary and
+oppressive. The system of public contributions under the Convention was
+arbitrary and revolutionary, but the councils of the Directory, side by
+side with certain bad laws devised to tide over temporary crises, made
+some excellent laws on the subject of taxation. They resumed the
+regulation of the land tax, improving and partly altering it, and also
+dealt with the _contribution personnelle et mobiliere_, the _patentes_,
+and the stamp and registration duties. It was at this time, too, that
+the door and window tax, which still exists, was provisionally
+established; there was also a partial reappearance of indirect taxation,
+in particular the _octrois_ of the towns, which had been suppressed by
+the Constituent Assembly.
+
+
+  Religious liberty.
+
+The Constituent Assembly gave the Protestants liberty of worship and
+full rights; it also gave Jews the status of citizen, which they had not
+had under the _ancien regime_, together with political rights. With
+regard to the Catholic Church, the Assembly placed at the disposal of
+the nation the property of the clergy, which had already, in the course
+of the 18th century, been regarded by most political writers as a
+national possession; at the same time it provided for salaries for the
+members of the clergy and pensions for those who had been monks. It
+abolished tithes and the religious orders, and forbade the re-formation
+of the latter in the future. The ecclesiastical districts were next
+reorganized, the department being always taken as the chief unit, and a
+new church was organized by the civil constitution of the clergy, the
+bishops being elected by the electoral assembly of the department (the
+usual electors), and the cures by the electoral assembly of the
+district. This was an unfortunate piece of legislation, inspired partly
+by the old Gallican spirit, partly by the theories on civil religion of
+J.J. Rousseau and his school, and, together with the civic oath imposed
+on the clergy, it was a source of endless troubles. The constitutional
+church established in this way was, however, abolished as a state
+institution by the Convention. By laws of the years III. and IV. the
+Convention and the Directory, in proclaiming the liberty of worship,
+declared that the Republic neither endowed nor recognized any form of
+worship. Buildings formerly consecrated to worship, which had not been
+alienated, were again placed at the disposal of worshippers for this
+purpose, but under conditions which were hard for them to accept.
+
+
+  Civil law.
+
+  Criminal law.
+
+The Assemblies of the Revolution, besides the laws which, by abolishing
+feudalism, altered the character of real property, passed many others
+concerning civil law. The most important are those of 1792, passed by
+the Legislative Assembly, which organized the registers of the _etat
+civil_ kept by the municipalities, and laid down rules for marriage as a
+purely civil contract. Divorce was admitted to a practically unlimited
+extent; it was possible not only for causes determined by law, and by
+mutual consent, but also for incompatibility of temper and character
+proved, by either husband or wife, to be of a persistent nature. Next
+came the laws of the Convention as to inheritance, imposing perfect
+equality among the natural heirs and endeavouring to ensure the division
+of properties. Illegitimate children were considered by these laws as on
+the same level with legitimate children. The Convention and the councils
+of the Directory also made excellent laws on the administration of
+_hypotheques_, and worked at the preparation of a Civil Code (see CODE
+NAPOLEON). In criminal law their work was still more important. In 1791
+the Constituent Assembly gave France her first penal code. It was
+inspired by humanitarian ideas, still admitting capital punishment,
+though accompanied by no cruelty in the execution; but none of the
+remaining punishments was for life. Long imprisonment with hard labour
+was introduced. Finally, as a reaction against the former system of
+arbitrary penalties, there came a system of fixed penalties determined,
+both as to its assessment and its nature, for each offence, which the
+judge could not modify. The Constituent Assembly also reformed the
+procedure of criminal trials, taking English law as model. It introduced
+the jury, with the double form of _jury d'accusation_ and _jury de
+jugement_. Before the judges procedure was always public and oral. The
+prosecution was left in principle to the parties concerned, plaintiffs
+or _denonciateurs civiques_, and the preliminary investigation was
+handed over to two magistrates; one was the _juge de paix_, as in
+English procedure at this period, and the other a magistrate chosen from
+the district court and called the _directeur du jury_. The Convention,
+before separating, passed the _Code des delits et des peines_ of the 3rd
+Brumaire in the year IV. This piece of work, which was due to Merlin de
+Douai, was intended to deal with criminal procedure and penal law; but
+only the first part could be completed. It was the procedure established
+by the Constituent Assembly, but further organized and improved.
+
+_The Consulate and the Empire._--The constitutional law of the Consulate
+and the Empire is to be found in a series of documents called later the
+_Constitutions de l'Empire_, the constitution promulgated during the
+Hundred Days being consequently given the name of _Acte additionnel aux
+Constitutions de l'Empire_. These documents consist of (1) the
+Constitution of the 22nd Frimaire of the year VIII., the work of Sieyes
+and Bonaparte, the text on which the others were based; (2) the
+_senatus consulte_ of the 16th Thermidor in the year X., establishing
+the consulate for life; and (3) the _senatus consulte_ of the 28th
+Floreal in the year XII., which created the Empire. These constitutional
+acts, which were all, whether in their full text or in principle,
+submitted to the popular vote by means of a _plebiscite_, had all the
+same object: to assure absolute power to Napoleon, while preserving the
+forms and appearance of liberty. Popular suffrage was maintained, and
+even became universal; but, since the system was that of suffrage in
+many stages, which, moreover, varied very much, the citizens in effect
+merely nominated the candidates, and it was the Senate, playing the part
+of _grand electeur_ which Sieyes had dreamed of as his own, which chose
+from among them the members of the various so-called elected bodies,
+even those of the political assemblies. According to the constitution of
+the year VIII., the first consul (to whom had been added two colleagues,
+the second and third consuls, who did not disappear until the Empire)
+possessed the executive power in the widest sense of the word, and he
+alone could initiate legislation. There were three representative
+assemblies in existence, elected as we have seen; but one of them, the
+Corps Legislatif, passed laws without discussing them, and without the
+power of amending the suggestions of the government. The Tribunate, on
+the contrary, discussed them, but its vote was not necessary for the
+passing of the law. The Senate was the guardian and preserver of the
+constitution; in addition to its role of _grand electeur_, its chief
+function was to annul laws and acts submitted to it by the Tribunate as
+being unconstitutional. This original organization was naturally
+modified during the course of the Consulate and the Empire; not only did
+the emperor obtain the right of directly nominating senators, and the
+princes of the imperial family, and grant dignitaries of the Empire that
+of entering the Senate by right; but a whole body, the Tribunate, which
+was the only one which could preserve some independence, disappeared,
+without resort having been had to a plebiscite; it was modified and
+weakened by _senatus consulte_ of the year X., and was suppressed in
+1807 by a mere _senatus consulte_. The importance of another body, on
+the contrary, the _conseil d'etat_, which had been formed on the
+improved type of the ancient _conseil du roi_, and consisted of members
+appointed by Napoleon and carefully chosen, continually increased. It
+was this body which really prepared and discussed the laws; and it was
+its members who advocated them before the Corps Legislatif, to which the
+Tribunate also sent orators to speak on its behalf. The ministers, who
+had no relation with the legislative power, were merely the agents of
+the head of the state, freely chosen by himself. Napoleon, however,
+found these powers insufficient, and arrogated to himself others, a fact
+which the Senate did not forget when it proclaimed his downfall. Thus he
+frequently declared war upon his own authority, in spite of the
+provisions to the contrary made by the constitution of the year VIII.;
+and similarly, under the form of _decrets_, made what were really laws.
+They were afterwards called _decrets-lois_, and those that were not
+indissolubly associated with the political regime of the Empire, and
+survived it, were subsequently declared valid by the court of cassation,
+on the ground that they had not been submitted to the Senate as
+unconstitutional, as had been provided by the constitution of the year
+VIII.
+
+
+  Administrative changes under Consulate and Empire.
+
+This period saw the rise of a whole new series of great organic laws.
+For administrative organization, the most important was that of the 28th
+Pluviose in the year VIII. It established as chief authority for each
+department a prefect, and side by side with him a _conseil general_ for
+deliberative purposes; for each _arrondissement_ (corresponding to the
+old _district_) a sub-prefect (_sous-prefet_) and a _conseil
+d'arrondissement_; and for each _commune_, a mayor and a municipal
+council. But all these officials, both the members of the councils and
+the individual agents, were appointed by the head of the state or by the
+prefect, so that centralization was restored more completely than ever.
+Together with the prefect there was also established a _conseil de
+prefecture_, having administrative functions, and generally acting as a
+court of the first instance in disputes and litigation arising out of
+the acts of the administration; for the Constituent Assembly had removed
+such cases from the jurisdiction of the civil tribunals, and referred
+them to the administrative bodies themselves. The final appeal in these
+disputes was to the _conseil d'etat_, which was supreme judge in these
+matters. In 1807 was created another great administrative jurisdiction,
+the _cour des comptes_, after the pattern of that which had existed
+under the _ancien regime_.
+
+
+  Judicial changes.
+
+Judicial organization had also been fundamentally altered. The system of
+election was preserved for a time in the case of the _juges de paix_ and
+the members of the court of cassation, but finally disappeared there,
+even where it had already been no more than a form. The magistrates were
+in principle appointed for life, but under the Empire a device was found
+for evading the rule of irremovability. For the judgment of civil cases
+there was a court of first instance in every arrondissement, and above
+these a certain number of courts of appeal, each of which had within its
+province several departments. The separate criminal tribunals were
+abolished in 1809 by the _Code d'Instruction Criminelle_, and the
+magistrates forming the _cour d'assises_, which judged crimes with the
+aid of a jury, were drawn from the courts of appeal and from the civil
+tribunals. The _jury d'accusation_ was also abolished by the _Code
+d'Instruction Criminelle_, and the right of pronouncing the indictment
+was transferred to a chamber of the court of appeal. The correctional
+tribunals were amalgamated with the civil tribunals of the first
+instance. The _tribunal de cassation_, which took under the Empire the
+name of _cour de cassation_, consisted of magistrates appointed for
+life, and still kept its powers. The _ministere public_ (consisting of
+imperial _avocats_ and _procureurs_) was restored in practically the
+same form as under the _ancien regime_.
+
+
+  Taxation.
+
+The former system of taxation was preserved in principle, but with one
+considerable addition: Napoleon re-established indirect taxation on
+articles of consumption, which had been abolished by the Constituent
+Assembly; the chief of these were the duties on liquor (_droits reunis_,
+or excise) and the monopoly of tobacco.
+
+
+  The Concordat.
+
+The Concordat concluded by Napoleon with the papacy on the 26th Messidor
+of the year IX. re-established the Catholic religion in France as the
+form of worship recognized and endowed by the state. It was in principle
+drawn up on the lines of that of 1516, and assured to the head of the
+French state in his dealings with the papacy the same prerogatives as
+had formerly been enjoyed by the kings; the chief of these was that he
+appointed the bishops, who afterwards had to ask the pope for canonical
+institution. The territorial distribution of dioceses was preserved
+practically as it had been left by the civil constitution of the clergy.
+The state guaranteed the payment of salaries to bishops and cures; and
+the pope agreed to renounce all claims referring to the appropriation of
+the goods of the clergy made by the Constituent Assembly. Later on, a
+decree restored to the _fabriques_ (vestries) such of their former
+possessions as had not been alienated, and the churches which had not
+been alienated were restored for the purposes of worship. The law of the
+18th Germinal in the year X., ratifying the Concordat, reasserted, under
+the name of _articles organiques du culte catholique_, all the main
+principles contained in the old doctrine of the liberties of the
+Gallican Church. The Concordat did not include the restoration of the
+religious orders and congregations; Napoleon sanctioned by decrees only
+a few establishments of this kind.
+
+
+  The university.
+
+One important creation of the Empire was the university. The _ancien
+regime_ had had its universities for purposes of instruction and for the
+conferring of degrees; it had also, though without any definite
+organization, such secondary schools as the towns admitted within their
+walls, and the primary schools of the parishes. The Revolution
+suppressed the universities and the teaching congregations. The
+constitution of the year III. proclaimed the liberty of instruction and
+commanded that public schools, both elementary and secondary, should be
+established. Under the Directory there was in each department an _ecole
+centrale_, in which all branches of human knowledge were taught.
+Napoleon, developing ideas which had been started in the second half of
+the 18th century, founded by laws and decrees of 1806, 1808 and 1811 the
+Universite de France, which provided and organized higher, secondary and
+primary education; this was to be the monopoly of the state, carried on
+by its _facultes_, _lycees_ and primary schools. No private educational
+establishment could be opened without the authorization of the state.
+
+
+  The Codes.
+
+But chief among the documents dating from this period are the Codes,
+which still give laws to France. These are the Civil Code of 1804, the
+_Code de Procedure Civile_ of 1806, the _Code de Commerce_ of 1807, the
+_Code d'Instruction Criminelle_ of 1809, and the _Code Penal_ of 1810.
+These monumental works, in the elaboration of which the _conseil d'etat_
+took the chief part, contributed, to a greater or less extent, towards
+the fusion of the old law of France with the laws of the Revolution. It
+was in the case of the _Code Civil_ that this task presented the
+greatest difficulty (see CODE NAPOLEON). The _Code de Commerce_ was
+scarcely more than a revised and emended edition of the _ordonnances_ of
+1673 and 1681; while the _Code de Procedure Civile_ borrowed its chief
+elements from the _ordonnance_ of 1667. In the case of the _Code
+d'Instruction Criminelle_ a distinctly new departure was made; the
+procedure introduced by the Revolution into courts where judgment was
+given remained public and oral, with full liberty of defence; the
+preliminary procedure, however, before the examining court (_juge
+d'instruction_ or _chambre des mises en accusation_) was borrowed from
+the _ordonnance_ of 1670; it was the procedure of the old law, without
+its cruelty, but secret and written, and generally not in the presence
+of both parties. The _Code Penal_ maintained the principles of the
+Revolution, but increased the penalties. It substituted for the system
+of fixed penalties, in cases of temporary punishment, a maximum and a
+minimum, between the limits of which judges could assess the amount.
+Even in the case of misdemeanours, it admitted the system of extenuating
+circumstances, which allowed them still further to decrease and alter
+the penalty in so far as the offence was mitigated by such
+circumstances. (See further under NAPOLEON I.)
+
+
+  Constitutional monarchy.
+
+_The Restored Monarchy._--The Restoration and the Monarchy of July,
+though separated by a revolution, form one period in the history of
+French institutions, a period in which the same regime was continued and
+developed. This was the constitutional monarchy, with a parliamentary
+body consisting of two chambers, a system imitated from England. The
+same constitution was preserved under these two monarchies--the charter
+granted by Louis XVIII. in 1814. The revolution of 1830 took place in
+defence of the charter which Charles X. had violated by the
+_ordonnances_ of July, so that this charter was naturally preserved
+under the "July Monarchy." It was merely revised by the Chamber of
+Deputies, which had been one of the movers of the revolution, and by
+what remained of the House of Peers. In order to give the constitution
+the appearance of originating in the will of the people, the preface,
+which made it appear to be a favour granted by the king, was destroyed.
+The two chambers acquired the initiative in legislation, which had not
+been recognized as theirs under the Restoration, but from this time on
+belonged to them equally with the king. The sittings of the House of
+Peers were henceforth held in public; but this chamber underwent another
+and more fundamental transformation. The peers were nominated by the
+king, with no limit of numbers, and according to the charter of 1814
+their appointment could be either for life or hereditary; but, in
+execution of an ordinance of Louis XVIII., during the Restoration they
+were always appointed under the latter condition. Under the July
+Monarchy their tenure of office was for life, and the king had to choose
+them from among twenty-two classes of notables fixed by law. The
+franchise for the election of the Chamber of Deputies had been limited
+by a system of money qualifications; but while, under the Restoration,
+it had been necessary, in order to be an elector, to pay three hundred
+francs in direct taxation, this sum was reduced in 1831 to two hundred
+francs, while in certain cases even a smaller amount sufficed. In order
+to be elected as a deputy it was necessary, according to the charter of
+1814, to pay a thousand francs in direct taxation, and according to that
+of 1830 five hundred francs. From 1817 onwards there was direct
+suffrage, the electors directly electing the deputies. The idea of those
+who had framed the charter of 1814 had been to give the chief influence
+to the great landed proprietors, though the means adopted to this end
+were not adequate: in 1830 the chief aim had been to give a
+preponderating influence to the middle and lower middle classes, and
+this had met with greater success. The House of Peers, under the name of
+_cour des pairs_, had also the function of judging attempts and plots
+against the security of the state, and it had frequently to exercise
+this function both under the Restoration and the July Monarchy.
+
+This was a period of parliamentary government; that is, of government by
+a cabinet, resting on the responsibility of the ministers to the Chamber
+of Deputies. The only interruption was that caused by the resistance of
+Charles X. at the end of his reign, which led to the revolution of July.
+Parliamentary government was practised regularly and in an enlightened
+spirit under the Restoration, although the Chamber had not then all the
+powers which it has since acquired. It is noteworthy that during this
+period the right of the House of Peers to force a ministry to resign by
+a hostile vote was not recognized. By the creation of a certain number
+of new peers, a _fournee de pairs_, as it was then called, the majority
+in this House could be changed when necessary. But the government of the
+Restoration had to deal with two extreme parties of a very opposite
+nature: the _Ultras_, who wished to restore as far as possible the
+_ancien regime_, to whom were due the acts of the _chambre introuvable_
+of 1816, and later the laws of the ministry of Villele, especially the
+law of sacrilege and that voting compensation to the dispossessed
+nobles, known as the _milliard des emigres_; and on the other hand the
+_Liberals_, including the Bonapartists and Republicans, who were
+attached to the principles of the Revolution. In order to prevent either
+of these parties from predominating in the chamber, the government made
+a free use of its power of dissolution. It further employed two means to
+check the progress of the Liberals; firstly, there were various
+alterations successively made in the electoral law, and the press laws,
+frequently restrictive in their effect, which introduced the censorship
+and a preliminary authorization in the case of periodical publications,
+and gave the correctional tribunals jurisdiction in cases of press
+offences. The best electoral law was that of 1817, and the best press
+laws were those of 1819; but these were not of long duration. Under the
+July Monarchy parliamentary government, although its machinery was
+further perfected, was not so brilliant. The majorities in the Chamber
+of Deputies were often uncertain, so much so, that more than once the
+right of dissolution was exercised in order to try by new elections to
+arrive at an undivided and certain majority. King Louis Philippe, though
+sober-minded, wished to exercise a personal influence on the policy of
+the cabinet, so that there were then two schools, represented
+respectively by Thiers and Guizot, one of which held the theory that
+"the king reigns but does not govern"; while the other maintained that
+he might exercise a personal influence, provided that he could rely on a
+ministry supported by a majority of the Chamber of Deputies. But the
+weak point in the July Monarchy was above all the question of the
+franchise. A powerful movement of opinion set in towards demanding an
+extension, some wishing for universal suffrage, but the majority
+proposing what was called the _adjonction des capacites_, that is to
+say, that to the number of qualified electors should be added those
+citizens who, by virtue of their professions, capacity or acquirements,
+were inscribed after them on the general list for juries. But the
+government obstinately refused all electoral reform, and held to the law
+of 1831. It also refused parliamentary reform, by which was meant a rule
+which would have made most public offices incompatible with the position
+of deputy, the Chamber of Deputies being at that time full of
+officials. The press, thanks to the Charter, was perfectly free, without
+either censorship or preliminary authorization, and press offences were
+judged by a jury.
+
+
+  The system of the Empire retained.
+
+In another respect also the Restoration and the July Monarchy were at
+one, the second continuing the spirit of the first, viz. in maintaining
+in principle the civil, legal and administrative institutions of the
+Empire. The preface to the charter of 1814 sanctioned and guaranteed
+most of the legal rights won by the Revolution; even the alienation of
+national property was confirmed. It was said, it is true, that the old
+nobility regained their titles, and that the nobility of the Empire kept
+those which Napoleon had given them; but these were merely titles and
+nothing more; there was no privileged nobility, and the equality of
+citizens before the law was maintained. Judicial and administrative
+organization, the system of taxation, military organization, the
+relations of church and state, remained the same, and the university
+also continued to exist. The government did, it is true, negotiate a new
+Concordat with the papacy in 1817, but did not dare even to submit it to
+the chambers. The most important reform was that of the law concerning
+recruiting for the army. The charter of 1814 had promised the abolition
+of conscription, in the form in which it had been created by the law of
+the year VI. The law of the 10th of March 1818 actually established a
+new system. The contingent voted by the chambers for annual
+incorporation into the standing army was divided up among all the
+cantons; and, in order to furnish it, lots were drawn among all the men
+of a certain class, that is to say, among the young Frenchmen who
+arrived at their majority that year. Those who were not chosen by lot
+were definitely set free from military service. The sending of
+substitutes, a custom which had been permitted by Napoleon, was
+recognized. This was the type of all the laws on recruiting in France,
+of which there were a good number in succession up to 1867. On other
+points they vary, in particular as to the duration of service, which was
+six years, and later eight years, under the Restoration; but the system
+remained the same.
+
+The Restoration produced a code, the _Code forestier_ of 1827, for the
+regulation of forests (_eaux et forets_). In 1816 a law had abolished
+divorce, making marriage indissoluble, as it had been in the old law.
+But the best laws of this period were those on finance. Now, for the
+first time, was introduced the practice of drawing up regular budgets,
+voted before the year to which they applied, and divided since 1819 into
+the budget of expenditure and budget of receipts.
+
+Together with other institutions of the Empire, the Restoration had
+preserved the exaggerated system of administrative centralization
+established in the year VIII.; and proposals for its relaxation
+submitted to the chambers had come to nothing. It was only under the
+July Monarchy that it was relaxed. The municipal law of the 21st of
+March 1831 made the municipal councils elective, and extended widely the
+right of voting in the elections for them; the _maires_ and their
+assistants continued to be appointed by the government, but had to be
+chosen from among the members of the municipal councils. The law of the
+22nd of June 1833 made the general councils of the departments also
+elective, and brought the _adjonction des capacites_ into effect for
+their election. The powers of these bodies were enlarged in 1838, and
+they gained the right of electing their president. In 1833 was granted
+another liberty, that of primary education; but in spite of violent
+protestations, coming especially from the Catholics, secondary and
+higher education continued to be a monopoly of the state. Many organic
+laws were promulgated, one concerning the National Guard, which was
+reorganized in order to adapt it to the system of citizen
+qualifications; one in 1832 on the recruiting of the army, fixing the
+period of service at seven years; and another in 1834 securing the
+status of officers. A law of the 11th of June 1842 established the great
+railway lines. In 1832 the _Code Penal_ and _Code d'Instruction
+Criminelle_ were revised, with the object of lightening penalties; the
+system of extenuating circumstances, as recognized by a jury, was
+extended to the judgment of all crimes. There was also a revision of
+Book III. of the _Code de Commerce_, treating of bankruptcy. Finally,
+from this period date the laws of the 3rd of May 1841, on expropriation
+for purposes of public utility, and of the 30th of June 1838, on the
+treatment of the insane, which is still in force. Judicial organization
+remained as it was, but the amount of the sum up to which civil
+tribunals of the first instance could judge without appeal was raised
+from 1000 francs to 1500, and the competency of the _juges de paix_ was
+widened.
+
+_The Second Republic and the Second Empire._--From the point of view of
+constitutional law, the Second Republic and the Second Empire were each
+in a certain sense a return to the past. The former revived the
+tradition of the Assemblies of the Revolution; the latter was obviously
+and avowedly an imitation of the Consulate and the First Empire.
+
+
+  Republican constitution of 1848.
+
+The provisional government set up by the revolution of the 24th of
+February 1848 proclaimed universal suffrage, and by this means was
+elected a Constituent Assembly, which sat till May 1849, and, after
+first organizing various forms of another provisional government, passed
+the Republican constitution of the 4th of November 1848. This
+constitution, which was preceded by a preface recalling the Declarations
+of Rights of the Revolution, gave the legislative power to a single
+permanent assembly, elected by direct universal suffrage, and entirely
+renewed every three years. The executive authority, with very extensive
+powers, was given to a president of the Republic, also elected by the
+universal and direct suffrage of the French citizens. The constitution
+was not very clear upon the point of whether it adopted parliamentary
+government in the strict sense, or whether the president, who was
+declared responsible, was free to choose his ministers and to retain or
+dismiss them at his own pleasure. This gave rise to an almost permanent
+dispute between the president, who claimed to have his own political
+opinions and to direct the government, and the Assembly, which wished to
+carry on the traditions of cabinet government and to make the ministers
+fully responsible to itself. Consequently, in January 1851, a solemn
+debate was held, which ended in the affirmation of the responsibility of
+ministers to the Assembly. On the other hand, the president, though very
+properly given great power by the constitution, was not immediately
+eligible for re-election on giving up his office. Now Louis Napoleon,
+who was elected president on the 10th of December 1848 by a huge
+majority, wished to be re-elected. Various propositions were submitted
+to the Assembly in July 1851 with a view to modifying the constitution;
+but they could not succeed, as the number of votes demanded by the
+constitution for the convocation of a Constituent Assembly was not
+reached. Moreover, the Legislative Assembly elected in May 1849 was very
+different from the Constituent Assembly of 1848. The latter was animated
+by that spirit of harmony and, in the main, of adhesion to the Republic
+which had followed on the February Revolution. The new assembly, on the
+contrary, was composed for the most part of representatives of the old
+parties, and had monarchist aspirations. By the unfortunate law of the
+31st of May 1850 it even tried by a subterfuge to restrict the universal
+suffrage guaranteed by the constitution. It suspended the right of
+holding meetings, but, on the whole, respected the liberty of the press.
+It was especially impelled to these measures by the growing fear of
+socialism. The result was the _coup d'etat_ of the 2nd of December 1851.
+A detail of some constitutional importance is to be noticed in this
+period. The _conseil d'etat_, which had remained under the Restoration
+and the July Monarchy an administrative council and the supreme arbiter
+in administrative trials, acquired new importance under the Second
+Republic. The ordinary _conseillers d'etat_ (_en service ordinaire_)
+were elected by the Legislative Assembly, and consultation with the
+_conseil d'etat_ was often insisted on by the constitution or by law.
+This was the means of obtaining a certain modifying power as a
+substitute for the second chamber, which had not met with popular
+approval. During its short existence the Second Republic produced many
+important laws. It abolished the penalty of death for political crimes,
+and suppressed negro slavery in the colonies. The election of
+_conseillers generaux_ was thrown open to universal suffrage, and the
+municipal councils were allowed to elect the _maires_ and their
+colleagues. The law of the 15th of March 1850 established the liberty of
+secondary education, but it conferred certain privileges on the Catholic
+clergy, a clear sign of the spirit of social conservatism which was the
+leading motive for its enactment. Certain humanitarian laws were passed,
+applying to the working classes.
+
+
+  Constitution of Jan. 14, 1852.
+
+  Restoration of the Empire.
+
+  The empire liberal.
+
+With the _coup d'etat_ of the 2nd of December 1851 began a new era of
+constitutional plebiscites and disguised absolutism. The proclamations
+of Napoleon on the 2nd of December contained a criticism of
+parliamentary government, and formulated the wish to restore to France
+the constitutional institutions of the Consulate and the Empire, just as
+she had preserved their civil, administrative and military institutions.
+Napoleon asked the people for the powers necessary to draw up a
+constitution on these principles; the plebiscite issued in a vast
+majority of votes in his favour, and the constitution of the 14th of
+January 1852 was the result. It bore a strong resemblance to the
+constitution of the First Empire after 1807. The executive power was
+conferred on Louis Napoleon for ten years, with the title of president
+of the Republic and very extended powers. Two assemblies were created.
+The conservative Senate, composed of _ex officio_ members (cardinals,
+marshals of France and admirals) and life members appointed by the head
+of the state, was charged with the task of seeing that the laws were
+constitutional, of opposing the promulgation of unconstitutional laws,
+and of receiving the petitions of citizens; it had also the duty of
+providing everything not already provided but necessary for the proper
+working of the constitution. The second assembly was the _Corps
+Legislatif_, elected by direct universal suffrage for six years, which
+passed the laws, the government having the initiative in legislation.
+This body was not altogether a _corps des muets_, as in the year VIII.,
+but its powers were very limited; thus the general session assured to it
+by the constitution was only for three months, and it could only discuss
+and put to the vote amendments approved by the _conseil d'etat_; the
+ministers did not in any way come into contact with it and could not be
+members of it, being responsible only to the head of the state, and only
+the Senate having the right of accusing them before a high court of
+justice. The _conseil d'etat_ was composed in the same way and had the
+same authority as it had possessed from the year VIII. to 1814; and it
+was the members of it who supported projected laws before the Corps
+Legislatif. To this was added a Draconian press legislation; not only
+were press offences, many of which were mere expressions of opinion,
+judged not by a jury but by the correctional tribunals; but further,
+political papers could not be founded without an authorization, and were
+subject to a regular administrative discipline; they could be warned,
+suspended or suppressed without a trial, by a simple act of the
+administration. The constitution of January 1852 was still Republican in
+name, though less so than that of the year VIII. The period
+corresponding with the Consulate was also shorter in the case of Louis
+Napoleon. The year 1852 had not come to an end before a _senatus
+consulte_, that of the 10th of November, ratified by a plebiscite,
+re-established the imperial rank in favour of Napoleon III.; it also
+conferred on him certain new powers, especially with reference to the
+budget and foreign treaties; thus various cracks, which experience had
+revealed in the original structure of the Empire, were filled up. This
+period was called that of the _empire autoritaire_. Further features of
+it were the free appointment of the _maires_ by the emperor, the oath of
+fidelity to him imposed on all officials, and the legal organization of
+official candidatures for the elections. Two measures marked the highest
+point reached by this system: the _loi de surete generale_ of the 27th
+of February 1858, which allowed the government to intern in France or
+Algeria, or to exile certain French citizens, without a trial. The other
+was the _senatus consulte_ of the 17th of February 1858, which made the
+validity of candidatures for the Corps Legislatif subject to a
+preliminary oath of fidelity on the part of the candidate. But for
+various causes, which cannot be examined here, a series of measures was
+soon to be initiated which were gradually to lead back again to
+political liberty, and definitively to found what has been called the
+_empire liberal_. One by one the different rules and proceedings of
+parliamentary government as it had existed in France regained their
+force. The first step was the decree of the 24th of November 1860, which
+re-established for each ordinary session the address voted by the
+chambers in response to the speech from the throne. In 1867 this
+movement took a more decisive form. It led to a new constitution, that
+of the 21st of May 1870, which was again ratified by popular suffrage.
+While maintaining the Empire and the imperial dynasty, it organized
+parliamentary government practically in the form in which it had
+operated under the July Monarchy, with two legislative chambers, the
+Senate and the Corps Legislatif, the consent of both of which was
+necessary for legislation, and which, together with the emperor, had the
+initiative in this matter. The laws of the 11th of May 1868 and the 6th
+of June 1868 restored to a certain extent the liberty of the press and
+of holding meetings, though without abolishing offences of opinion, or
+again bringing press offences under the jurisdiction of a jury. Laws of
+the 22nd and 23rd of July 1870 gave the _conseils generaux_, whose
+powers had been somewhat widened, the right of electing their
+presidents, and provided that the _maires_ and their colleagues should
+be chosen from among the members of the municipal councils.
+
+
+  Economic and social reforms under the Second Empire.
+
+  Commercial treaties.
+
+The legislation of the Second Empire led to a considerable number of
+reforms. Its chief aim was the development of commerce, industry and
+agriculture, and generally the material prosperity of the country. The
+Empire, though restricting liberty in political matters, increased it in
+economic matters. Such were the decrees and laws of 1852 and 1853
+relating to land-banks (_etablissements de credit foncier_) and that of
+1857 on trade-marks, those of 1863 and 1867 on commercial companies,
+that of 1858 on general stores (_magasins generaux_) and warrants, that
+of 1856 on drainage, that of 1865 on the _associations syndicales de
+proprietaires_, that of 1866 on the mercantile marine. The law of the
+14th of June 1865 introduced into France the institution, borrowed from
+England, of cheques. But of still greater importance for economic
+development than all these laws were the treaties concluded by the
+emperor with foreign powers, in order to introduce, as far as possible,
+free exchange of commodities; the chief of these, which was the model of
+all the others, was that concluded with Great Britain on the 23rd of
+January 1860. Moreover, the law of the 25th of May 1864 admitted for the
+first time the right of strikes and lock-outs among workmen or
+employers, annulling articles 414 and following of the _Code Penal_,
+which had so far made them a penal offence, even when not accompanied by
+fraudulent practices, threats or violence, tending to hinder the liberty
+of labour. The superannuation fund (_caisse des retraites pour la
+vieillesse_), supported by voluntary payments from those participating
+in it, which had been created by the law of the 18th of June 1850, was
+reorganized and perfected, and a law of the 11th of July 1868
+established, with the guarantee of the state, two funds for voluntary
+insurance, one in case of death, the other against accidents occurring
+in industrial or agricultural employment. A decree of 1863 established
+in principle the freedom of bakeries, and another in 1864 that of
+theatrical management.
+
+
+  Reforms in the criminal law.
+
+  Civil legislation.
+
+  Taxation and army.
+
+Criminal law was the subject of important legislation. Two codes were
+promulgated on special points, the codes of military justice for the
+land forces (1857) and for the naval forces (1858). But the common law
+was also largely remodelled. A law of the 10th of June 1858, it is true,
+created certain new crimes, with a view to protecting the members of the
+imperial family, and that of the 17th of July 1856 increased the powers
+and independence of the _juges d'instruction_; but, on the other hand,
+useful improvements were introduced by laws of 1856 and 1865, and
+notably with regard to precautionary detention and provisional release
+with or without bail. A law of the 20th of May 1863 organized a simple
+and rapid procedure, copied from that followed in England before the
+police courts, for summary jurisdiction. A law of 1868 permitted the
+revision of criminal trials after the death of the condemned person. But
+the most far-reaching reforms took place in 1854, namely, the abolition
+of the total loss of civil rights which formerly accompanied
+condemnation to imprisonment for life, and the law of the 30th of May on
+penal servitude (_travaux forces_) which substituted transportation to
+the colonies for the system of continental convict prisons. Finally, in
+1863, there was a revision of the _Code Penal_, which, in the process of
+lightening penalties, made a certain number of crimes into
+misdemeanours, and in consequence transferred the judgment of them from
+the assize courts to the correctional tribunals. In civil legislation
+may be noted the law of the 23rd of March 1855 on hypothecs (see CODE
+NAPOLEON); that of the 22nd of July 1857, which abolished seizure of the
+person (_contrainte par corps_) for civil and commercial debts; and
+finally, the law of the 14th of July 1866, on literary copyright. The
+system of taxation was hardly modified at all, except for the
+establishment of a tax on the income arising from investments (shares
+and bonds of companies) in 1857, and the tax on carriages (1862). On the
+1st of February 1868 was promulgated an important military law, which,
+however, passed the Corps Legislatif with some difficulty. It asserted
+the principle of universal compulsory military service, at least, in
+time of war. It preserved, however, the system of drawing lots to
+determine the annual contingent to be incorporated into the standing
+army; the term of service was fixed at five years, and it was still
+permissible to send a substitute. But able-bodied men who were not
+included in the annual contingent formed a reserve force called the
+_garde nationale mobile_, each department organizing its own section.
+These _gardes mobiles_, though they were not effectively organized or
+exercised under the Empire, took part in the war of 1870-71.
+
+
+  Definitive establishment of the Republic.
+
+_The Third Republic._--The Third Republic had at first a provisional
+government, unanimously acclaimed by the people of Paris. It was
+accepted by France, exercised full powers, and sustained by no means
+ingloriously a desperate struggle against the enemy; a certain number of
+its _decrets-lois_ are still in force. After the capitulation of Paris,
+a National Assembly was elected to treat with Germany. It was elected in
+accordance with the electoral law of 1849, which had been revived with a
+few modifications, and it met at Bordeaux to the number of 753 members
+on the 13th of February 1871. It was a sovereign assembly, since France
+had no longer a constitution, and for this very reason it claimed from
+the outset constituent powers; the Republican party at the time,
+however, contested this claim, the majority in the assembly being
+frankly monarchist, though divided as to the choice of a monarch. But
+for some time the National Assembly either could not or would not
+exercise this power, and up to 1875 affairs remained in a provisional
+state, legalized and regulated this time by the Assembly. This was an
+application, though unconscious, of a form of government which M. Grevy
+had proposed to the Constituent Assembly in 1848. There was a single
+assembly, with one man elected by it as head of the executive power (the
+first to be elected was M. Thiers, who received the title of president
+of the Republic in August 1871), who was responsible to the Assembly and
+governed with the help of ministers chosen by himself, who were also
+responsible to it. Thiers fell on the 24th of May 1873. His place was
+taken by Marshal MacMahon, on whom the Assembly later conferred, in
+November 1873, the position of president of the Republic for seven
+years, when the refusal of the comte de Chambord to accept the tricolour
+in place of the white flag of the Bourbons had made any attempt to
+restore the monarchy impossible. Henceforth the definitive adoption of
+the Republican form of government became inevitable, and the opinion of
+the country began to turn in this direction, as was shown by the
+elections of deputies which took place to fill up the gaps occurring in
+the Assembly. The Assembly, however, shrank from the inevitable
+solution, and when a discussion was begun in January 1875 on the
+projected constitutional laws prepared by the _commission des trente_,
+the only proposals made by the latter were for a more complete
+organization of the powers of one man, Marshal MacMahon. But on the 30th
+of January 1875 was adopted, by 353 votes to 352, an amendment by M.
+Wallon which provided for the election of an indefinite succession of
+presidents of the Republic; this amounted to a definitive recognition of
+the Republic. In this connexion it has often been said that the Republic
+was established by a majority of one. This is not an accurate statement,
+for it was only the case on the first reading of the law; the majority
+on the second and third readings increased until it became considerable.
+There was a strong movement in the direction of a reconciliation between
+the parties; and there had been a _rapprochement_ between the
+Republicans and the Right Centre. At the end of February were passed and
+promulgated two constitutional laws, that of the 25th of February 1875,
+on the organization of the public powers, and that of the 24th of
+February 1875, on the organization of the senate. In the middle of the
+year they were supplemented by a third, that of the 16th of July 1875,
+on the relations between the public powers.
+
+
+  The French Constitution.
+
+Thus was built up the actual constitution of France. It differs
+fundamentally, both in form and contents, from previous constitutions.
+As to its form, instead of a single methodical text divided into an
+uninterrupted series of articles, it consisted of three distinct laws.
+As to matter, it is obviously a work of an essentially practical nature,
+the result of compromise and reciprocal concessions. It does not lay
+down any theoretical principles, and its provisions, which were arrived
+at with difficulty, confine themselves strictly to what is necessary to
+ensure the proper operation of the governmental machinery. The result is
+a compromise between Republican principles and the rules of
+constitutional and parliamentary monarchy. On this account it has been
+accused, though unjustly, of being too monarchical. Its duration, by far
+the longest of any French constitution since 1791, is a sign of its
+value and vitality. It is in fact a product of history, and not of
+imagination. Its composition is as follows. The legislative power was
+given to two elective chambers, having equal powers, the vote of both of
+which is necessary for legislation, and both having the right of
+initiating and amending laws. The constitution assures them an ordinary
+session of five months, which opens by right on the second Tuesday in
+January. One house, the Chamber of Deputies, is elected by direct
+universal suffrage and is entirely renewed every four years; the other,
+the Senate, consists of 300 members, divided by the law of the 27th of
+February 1875 into two categories; 75 of the senators were elected for
+life and irremovable, and the first of them were elected by the National
+Assembly, but afterwards it was the Senate itself which held elections
+to fill up vacancies. The 225 remaining senators were elected by the
+departments and by certain colonies, among which they were apportioned
+in proportion to the population; they are elected for nine years, a
+third of the house being renewed every three years. The electoral
+college in each department which nominated them included the deputies,
+the members of the general council of the department and of the councils
+of the arrondissements, and one delegate elected by each municipal
+council, whatever the importance of the commune. This was practically a
+system of election in two and, partly, three degrees, but with this
+distinguishing feature, that the electors of the second degree had not
+been chosen purely with a view to this election, but chiefly for the
+exercise of other functions. The most important elements in this
+electoral college were the delegates from the municipal councils, and by
+giving one delegate to each, to Paris just as to the smallest commune in
+France, the National Assembly intended to counterbalance the power of
+numbers, which governed the elections for the Chamber of Deputies, and,
+at the same time, to give a preponderance to the country districts. The
+75 irremovable senators were another precaution against the danger from
+violent waves of public opinion. The executive power was entrusted to a
+president, elected for seven years (as Marshal MacMahon had been in
+1873), by the Chamber and the Senate, combined into a single body under
+the name of National Assembly. He is always eligible for re-election,
+and is irresponsible except in case of high treason. His powers are of
+the widest, including the initiative in legislation jointly with the two
+chambers, the appointment to all civil and military offices, the
+disposition, and, if he wish it, the leadership of the armed forces, the
+right of pardon, the right of negotiating treaties with foreign powers,
+and, in principle, of ratifying them on his own authority, the consent
+of the two chambers being required only in certain cases defined by the
+constitution. The nomination of _conseillers d'etat_ for ordinary
+service, whom the National Assembly had made elective, as in 1848, and
+elected itself, was restored to the president of the Republic, together
+with the right of dismissing them. But these powers he can only exercise
+through the medium of a ministry, politically and jointly responsible to
+the chambers, and forming a council, over which the president usually
+presides.
+
+The French Republic is essentially a parliamentary republic. The right
+of dissolving the Chamber of Deputies before the expiration of its term
+of office belongs to the president, but in order to do so he must have,
+besides a ministry which will take the responsibility for it, the
+preliminary sanction of the Senate. The Senate is at the same time a
+high court of justice, which can judge the president of the Republic and
+ministers accused of crimes committed by them in the exercise of their
+functions; in these two cases the prosecution is instituted by the
+Chamber of Deputies. The Senate can also be called upon to judge any
+person accused of an attempt upon the safety of the state, who is then
+seized by a decree of the president of the Republic, drawn up in the
+council of ministers. Possible revision of the constitution is provided
+for very simply: it has to be proposed as a law, and for its acceptance
+a resolution passed by each chamber separately, by an absolute majority,
+is necessary. The revision is then carried out by the Senate and the
+Chamber of Deputies to form a National Assembly. There have been two
+revisions since 1875. The first time, in 1879, it was simply a question
+of transferring the seat of the government and of the chambers back to
+Paris from Versailles, where it had been fixed by one of the
+constitutional laws. The second time, in 1884, more fundamental
+modifications were required. The most important point was to change the
+composition and election of the Senate. With a view to this, the new
+constitutional law of the 14th of August 1884 abolished the
+constitutional character of a certain number of articles of the law of
+the 24th of February 1875, thus making it possible to modify them by an
+ordinary law. This took place in the same year; the 75 senators for life
+were suppressed for the future by a process of extinction, and their
+seats divided among the most populous departments. Further, in the
+electoral college which elects the senators, there was allotted to the
+municipal councils a number of delegates proportionate to the number of
+members of the councils, which depends on the importance of the commune.
+The law of the 14th of August 1884 also modified the constitution in
+another important respect. The law of the 25th of February 1875 had
+admitted the possibility not only of a partial, but even of a total
+revision, which could affect and even change the form of the state. The
+law of the 14th of August 1884, however, declared that no proposition
+for a revision could be accepted which aimed at changing the republican
+form of government. The composition of the Chamber of Deputies was not
+fixed by the constitution, and consequently admitted more easily of
+variation. Since 1871 the mode of election has oscillated between the
+_scrutin de liste_ for the departments and the _scrutin uninominal_ for
+the arrondissements. The organic law of the 30th of November 1875 had
+established the latter system; in 1885 the _scrutin de liste_ was
+established by law, but in 1889 the _scrutin d'arrondissement_ was
+restored; and in this same year, on account of the ambitions of General
+Boulanger and the suggestion which was made for a sort of plebiscite in
+his favour, was passed the law on plural candidatures, which forbids
+anyone to become a candidate for the Chamber of Deputies in more than
+one district at a time.
+
+
+  Working of the constitution.
+
+The system established by the constitution of 1875 has worked
+excellently in some of its departments; for instance, the mode of
+electing the president of the Republic. Between 1875 and 1906 there were
+seven elections, sometimes under tragic or very difficult conditions;
+the election has always taken place without delay or obstruction, and
+the choice has been of the best. The high court of justice, which has
+twice been called into requisition, in 1889 and in 1899-1900, has acted
+as an efficient check, in spite of the difficulties confronting such a
+tribunal when feeling runs high. Parliamentary government in the form
+set up by the constitution, besides the criticism to which this system
+is open in all countries where it is established, even in England, met
+with special difficulties in France. In the first place, the useful but
+rather secondary role assigned to the president of the Republic has by
+no means satisfied all those who have occupied this high office. Two
+presidents have resigned on the ground that their powers were
+insufficient. Another, even after re-election, had to withdraw in face
+of the opposition of the two chambers, being no longer able to obtain a
+parliamentary ministry. It is difficult, however, to accept the theory
+of an eminent American political writer, Mr John W. Burgess,[1] that in
+order to attain to a position of stable equilibrium, the French Republic
+ought to adopt the presidential system of the United States. In France
+this sharp division between the two powers has never been observed
+except in those periods when the representative assemblies were
+powerless, under the First and Second Empires. It is true that the
+apparent multiplicity of parties and their lack of discipline, together
+with the French procedure of _interpellations_ and the orders of the day
+by which they are concluded, make the formation of homogeneous and
+lasting cabinets difficult; but since the end of the 19th century there
+has been great progress in this respect. Another difficulty arose in
+1896. The Senate, appealing to the letter of the constitution and
+relying on its elective character, claimed the right of forcing a
+ministry to resign by its vote, in the same way as the Chamber of
+Deputies. The Senate was victorious in the struggle, and forced the
+ministry presided over by M. Leon Bourgeois to resign; but the precedent
+is not decisive, for in order to gain its ends the Senate had recourse
+to the means of refusing to sanction the taxes, declining to consider
+the proposals for the supplies necessary for the Madagascar expedition
+so long as the ministry which it was attacking was in existence. The
+weakest point in the French parliamentary organism is perhaps the right
+of dissolution. It is difficult of application, for the reason that the
+president must obtain the preliminary consent of the Senate before
+exercising it; moreover, this valuable right has been discredited by its
+abuse by Marshal MacMahon in the campaign of the 16th of May 1877, on
+which occasion he exercised his right of dissolution against a chamber,
+the moderate but decidedly republican majority in which he was
+re-elected by the country.
+
+
+  Reforms under the Third Republic.
+
+  The religious congregations.
+
+  Education.
+
+  Separation of church and state.
+
+The legislative reforms carried out under the Third Republic are very
+numerous. As to public law, it is only possible to mention here those of
+a really organic character, chief among which are those which safeguard
+and regulate the exercise of the liberties of the individual. The law of
+the 30th of June 1881, modified in 1901, established the right of
+holding meetings. Public meetings, whether for ordinary or electoral
+purposes, may be held without preliminary authorization; the law of 1881
+prescribed a declaration made by a certain number of citizens enjoying
+full civil and political rights, which is now remitted. The only really
+restrictive provision is that which does not allow them to be held in
+the public highway, but only in an enclosed space. But this is made
+necessary by the customs of France. The law of the 21st of July 1881 on
+the press is one of the most liberal in the world. By it all offences
+committed by any kind of publication are submitted to a jury; the
+punishment for the mere expression of obnoxious opinions is abolished,
+the only punishment being for slander, libel, defamation, inciting to
+crime, and in certain cases the publication of false news. The law of
+the 1st of July 1901 established in France the right of forming
+associations. It recognizes the legality of all associations strictly so
+called, the objects of which are not contrary to law or to public order
+or morality. On condition of a simple declaration to the administrative
+authority, it grants them a civil status in a wide sense of the term.
+Religious congregations, on the contrary, which are not authorized by a
+law, are forbidden by this law. This was not a new principle, but the
+traditional rule in France both before and after the Revolution, except
+that under certain governments authorization by decree had sufficed. As
+a matter of fact the unauthorized congregations had been tolerated for a
+long time, although on various occasions, and especially in 1881, their
+partial dissolution had been proclaimed by decrees. The law of 1901
+dissolved them all, and made it an offence to belong to such a
+congregation. The members of unauthorized congregations, and later, in
+1904, even those of the authorized congregations, were disqualified from
+teaching in any kind of establishment. The liberty of primary education
+was confirmed and reorganized by the law of the 30th of October 1886,
+which simply deprived the clergy of the privileges granted them by the
+law of 1850, though the latter remains in force with regard to the
+liberty of secondary education. A law passed by the National Assembly
+(July 12, 1875) established the liberty of higher education. It even
+went beyond this, for it granted to students in private _facultes_ who
+aspired to state degrees the right of being examined before a board
+composed partly of private and partly of state professors. The law of
+the 18th of March 1880 abolished this privilege. Another law, that of
+the 22nd of March 1882, made primary education obligatory, though
+allowing parents to send their children either to private schools or to
+those of the state; the law of the 16th of June 1881 established secular
+(_laique_) education in the case of the latter. The Third Republic also
+organized secondary education for girls in lycees or special colleges
+(_colleges de fille_). Finally, a law of the 10th of July 1896 dealing
+with higher education and the faculties of the state reorganized the
+universities, which form distinct bodies, enjoying a fairly wide
+autonomy. A law of the 19th of December 1905, abrogating that of the
+18th Germinal in the year X., which had sanctioned the Concordat,
+proclaimed the separation of the church from the state. It is based on
+the principle of the secular state (_etat laique_) which recognizes no
+form of religion, though respecting the right of every citizen to
+worship according to his beliefs, and it aimed at organizing
+associations of citizens, the object of which was to collect the funds
+and acquire the property necessary for the maintenance of worship, under
+the form of _associations cultuelles_, differing in certain respects
+from the associations sanctioned by the law of the 1st of July 1901, but
+having a wider scope. It also handed over to these regularly formed
+associations the property of the ecclesiastical establishments formerly
+in existence, while taking precautions to ensure their proper
+application, and allowed the associations the free use of the churches
+and places of worship belonging to the state, the departments or the
+communes. If no _association cultuelle_ was founded in a parish, the
+property of the former _fabrique_ should devolve to the commune. But
+this law was condemned by the papacy, as contrary to the church
+hierarchy; and almost nowhere were _associations cultuelles_ formed,
+except by Protestants and Jews, who complied with the law. After many
+incidents, but no church having been closed, a new law of the 2nd of
+January 1907 was enacted. It permits the public exercise of any cult, by
+means of ordinary associations regulated by the law of the 1st of July
+1901, and even of public meetings summoned by individuals. Failing all
+associations, either _cultuelles_ or others, churches, with their
+ornaments and furniture, are left to the disposition of the faithful and
+ministers, for the purpose of exercising the cult; and, on certain
+conditions, the long use of them can be granted as a free gift to
+ministers of the cult.
+
+
+  Administrative changes.
+
+Among the organic laws concerning administrative affairs there are two
+of primary importance; that of the 10th of August 1871, on the
+_conseils generaux_, considerably increased the powers and independence
+of these elective bodies, which have become important deliberative
+assemblies, their sessions being held in public. The law of 1871 created
+a new administrative organ for the departments, the _commission
+departmentale_, elected by the council-general of the department from
+among its own members and associated with the administration of the
+prefect. The other law is the municipal law of the 5th of April 1884,
+which effected a widespread decentralization; the _maires_ and their
+_adjoints_ are elected by the municipal council.
+
+
+  Reorganization of the army.
+
+The war of 1870-71 necessarily led to a modification of the military
+organization. The law of the 25th of July 1872 established the principle
+of compulsory service for all, first in the standing army, the period of
+service in which was fixed at five years, then in the reserve, and
+finally in the territorial army. But the application of this principle
+was by no means absolute, only holding good in time of war. Each annual
+class was divided into two parts, by means of drawing lots, and in time
+of peace one of these parts had only a year of service with the active
+army. The previous exemptions, based either on the position of supporter
+of the family (as in the case of the son of a widow or aged father, &c.)
+or on equivalent services rendered to the state (as in the case of young
+ecclesiastics or members of the teaching profession), were preserved,
+but only held good for service in the active army in times of peace.
+Finally, the system of conditional engagement for a year allowed young
+men, for the purposes of study or apprenticeship to their profession,
+only to serve a year with the active army in time of peace. By this
+means it was sought to combine the advantages of an army of veterans
+with those of a numerous and truly national army. But the conditional
+volunteering (_volontariat conditionnel_) for a year was open to too
+great a number of people, and so brought the system into discredit. As
+those who profited by it had to be clothed and maintained at their own
+expense, and the sum which they had to furnish for this purpose was
+generally fixed at 1500 francs, it came to be considered the privilege
+of those who could pay this sum. A new law of the 15th of July 1889
+lessened the difference between the two terms which it attempted to
+reconcile. It reduced the term of service in the active army to three
+years, and the exemptions, which were still preserved, merely reduced
+the period to a year in times of peace. The same reduction was also
+granted to those who were really pursuing important scientific,
+technical or professional studies; the system was so strict on this
+point that the number of those who profited by those exemptions did not
+amount to 2000 in a year. This was a compromise between two opposing
+principles; the democratic principle of equality, being the stronger,
+was bound to triumph. The law of the 21st of March 1905 reduced the term
+of service in the active army to two years, but made it equal for all,
+admitting of no exemption, but only certain facilities as to the age at
+which it had to be accomplished.
+
+
+  Justice and taxation.
+
+In 1883 the judicial _personnel_ was reorganized and reduced in number.
+With the exception of a few modifications the main lines of judicial
+organization remained the same. In 1879 the conseil d'etat was also
+reorganized. The whole fabric of administrative jurisdiction was
+carefully organized, and almost entirely separated from the active
+administration.
+
+The system of taxation has remained essentially unaltered; we may
+notice, however, the laws of 1897, 1898 and 1900, which abolished or
+lessened the duties on so called _hygienic_ drinks (wine, beer, cider),
+and the financial law of 1901, which rearranged and increased the
+transfer fees, and established a system of progressive taxation in the
+case of succession dues.
+
+
+  Labour legislation.
+
+The labour laws, which generally partook of the nature both of public
+and of private law, are a sign of our times. Under the Third Republic
+they have been numerous, the most notable being: the law of the 21st of
+March 1884 on professional syndicates, which introduced the liberty of
+association in matters of this kind before it became part of the common
+law (see TRADE UNIONS); the law of the 9th of April 1898 on the
+liability for accidents incurred during work, and those which have
+completed it; that of the 22nd of December 1892 on conciliation and
+arbitration in the case of collective disputes between employers and
+workmen; that of the 29th of June 1893 on the hygiene and safeguarding
+of workers in industrial establishments, and the laws which regulate the
+work of children and women in factories; finally, that of the 15th of
+July 1893 on free medical attendance (see LABOUR LEGISLATION).
+
+
+  Criminal law.
+
+As to criminal law, there have been more than fifty enactments, mostly
+involving important modifications, due to more scientific ideas of
+punishment, so that we may say that it has been almost entirely recast
+since the establishment of the Third Republic. The separate system
+applied in cases of preventive detention and imprisonment for short
+periods; liberation before the expiry of the term of sentence, subject
+to the condition that no fresh offence shall be committed within a given
+time; transportation to the colonies of habitual offenders; the
+remission of the penalty in the case of first offenders, and the lapsing
+of the penalty when a certain time has gone by without a fresh
+condemnation; greater facilities for the rehabilitation of condemned
+persons, which now became simply a matter for the courts, and occurred
+as a matter of course at the end of a certain time; such were the chief
+results of this legislation. Finally, the law of the 8th of December
+1897 completely altered the form of the preliminary examination before
+the _juge d'instruction_, which had been the weakest point in the French
+criminal procedure, though it was still held in private; the new law
+made this examination really a hearing of both sides, and made the
+appearance of counsel for the defence practically compulsory.
+
+As to private law, both civil and commercial, we could enumerate between
+1871 and 1906 more than a hundred laws which have modified it, sometimes
+profoundly, and have for the most part done very useful work without
+attracting much attention. They are generally examined and drawn up by
+commissions of competent men, and pass both chambers almost without
+discussion. There have, however, been a few which aroused public
+interest and even deep feeling. Firstly, there was the law of the 27th
+of July 1884, and those which completed it; this law re-established
+divorce, which had been abolished since 1816, but only permitted it for
+certain definite causes determined by law. On the other hand, the law of
+the 6th of February 1893 increased the liberty and independence of a
+woman who was simply judicially separated, in order to encourage
+separation, as opposed to divorce, when the conditions allowed it. The
+law of the 25th of March 1896 on the succession of illegitimate
+children, who were recognized by the parents, treated them not in the
+same way as legitimate children, but gave them the title of heirs in the
+succession of their father and mother, together with much greater rights
+than they had possessed under the _Code Civil_. The law of the 24th of
+July 1899, on the protection of children who are ill-treated or morally
+neglected, also modified some of the provisions of the law as applied to
+the family, with a view to greater justice and humanity. Finally, on the
+occasion of the centenary of the _Code Civil_ (see CODE NAPOLEON), a
+commission, composed of members of the chambers, magistrates, professors
+of law, lawyers, political writers, and even novelists and dramatic
+authors, was given the task of revising the whole structure of the code.
+
+  See generally Adhemar Esmein, _Cours elementaire d'histoire du droit
+  francais_ (6th ed., 1906); J. Brissand, _Cours d'histoire generale du
+  droit francais public et prive_ (1904); Ernest Glasson, _Histoire du
+  droit et des institutions en France_ (1887-1904); Paul Viollet,
+  _Histoire des institutions politiques et administratives de la France_
+  (3rd ed., 1903); Fustel de Coulanges, _Histoire des institutions
+  politiques de l'ancienne France_; Jacques Flach, _Les Origines de
+  l'ancienne France_ (1875-1889); Achille Luchaire, _Histoire des
+  institutions monarchiques de la France sous les premiers Capetiens_
+  (2nd ed., 1900); Hippolyte Taine, _Les Origines de la France
+  contemporaine_ (1878-1894); Adhemar Esmein, _Elements de droit
+  constitutionnel francais et compare_ (4th ed., 1906); Leon Duguit et
+  Henry Monnier, _Les Constitutions et les principales lois politiques
+  de la France depuis 1789_ (1898).     (J. P. E.)
+
+
+FOOTNOTE:
+
+  [1] _Political Science and Comparative Constitutional Law_ (Boston,
+    1896).
+
+
+
+
+FRANCESCHI, JEAN BAPTISTE, BARON (1766-1813), French general, was born
+at Bastia on the 5th of December 1766 and entered the French service in
+1793. He took part in the operations in Corsica in the following year,
+and received a wound at the siege of San Fiorenzo. After this he left
+the island and was appointed a field officer in the French Army of
+Italy, with which he served from 1795 to 1799. He served as a general
+officer in the campaign of Marengo, in the Naples campaign of 1805-1806,
+and in the Peninsular War from 1807 to 1809. He was created a baron by
+Napoleon. He commanded a Neapolitan brigade in the Russian War of 1812,
+and after the retreat from Moscow took refuge, with the remnant of his
+command, in Danzig, where in the course of the siege of 1813 he died on
+the 19th of March.
+
+Two other generals of brigade in Napoleon's wars bore the name of
+Franceschi, and the three have often been mistaken for each other. The
+first was born at Lyons, JEAN BAPTISTE MARIE FRANCESCHI-DELONNE
+(1767-1810), who served throughout the Revolutionary campaign on the
+Rhine, took part in the campaign of Zuerich in 1799, and distinguished
+himself very greatly by his escape from, and subsequent return to,
+Genoa, when in 1800 Massena was closely besieged in that city. He became
+a cavalry colonel in 1803, was promoted general of brigade on the field
+of Austerlitz, and served in southern Italy and in Spain on the staff of
+King Joseph Bonaparte. During the Peninsular War he won great
+distinction as a cavalry general, and in 1810 Napoleon made him a baron.
+At this time he was a prisoner in the hands of the Spaniards, into whose
+hands he had fallen while bearing important despatches during the
+campaign of Talavera. He was harshly treated by his captors, and died at
+Carthagena on the 23rd of October 1810. The second was FRANCOIS
+FRANCESCHI-LOSIO (1770-1810), born at Milan, who entered the French
+Revolutionary army in 1795. He served through the Italian campaign of
+1796-97, and subsequently, like Franceschi-Delonne, with Massena at
+Zuerich and at Genoa, and at the headquarters of King Joseph in Italy and
+Spain. He was killed in a duel by the Neapolitan colonel Filangieri in
+1810.
+
+
+
+
+FRANCESCHI, PIERO (or PIETRO) DE' (c. 1416-1492), Italian painter of the
+Umbrian school. This master is generally named Piero della Francesca
+(Peter, son of Frances), the tradition being that his father, a
+woollen-draper named Benedetto, had died before his birth. This is not
+correct, for the mother's name was Romana, and the father continued
+living during many years of Piero's career. The painter is also named
+Piero Borghese, from his birthplace, Borgo San Sepolcro, in Umbria. The
+true family name was, as above stated, Franceschi, and the family still
+exists under the name of Martini-Franceschi.
+
+Piero first received a scientific education, and became an adept in
+mathematics and geometry. This early bent of mind and course of study
+influenced to a large extent his development as a painter. He had more
+science than either Paolo Uccello or Mantegna, both of them his
+contemporaries, the former older and the latter younger. Skilful in
+linear perspective, he fixed rectangular planes in perfect order and
+measured them, and thus got his figures in true proportional height. He
+preceded and excelled Domenico Ghirlandajo in projecting shadows, and
+rendered with considerable truth atmosphere, the harmony of colours, and
+the relief of objects. He was naturally therefore excellent in
+architectural painting, and, in point of technique, he advanced the
+practice of oil-colouring in Italy.
+
+The earliest trace that we find of Piero as a painter is in 1439, when
+he was an apprentice of Domenico Veneziano, and assisted him in painting
+the chapel of S. Egidio, in S. Maria Novella of Florence. Towards 1450
+he is said to have been with the same artist in Loreto; nothing of his,
+however, can now be identified in that locality. In 1451 he was by
+himself, painting in Rimini, where a fresco still remains. Prior to this
+he had executed some extensive frescoes in the Vatican; but these were
+destroyed when Raphael undertook on the same walls the "Liberation of St
+Peter" and other paintings. His most extensive extant series of frescoes
+is in the choir of S. Francesco in Arezzo,--the "History of the Cross,"
+beginning with legendary subjects of the death and burial of Adam, and
+going on to the entry of Heraclius into Jerusalem after the overthrow of
+Chosroes. This series is, in relation to its period, remarkable for
+effect, movement, and mastery of the nude. The subject of the "Vision of
+Constantine" is particularly vigorous in chiaroscuro; and a preparatory
+design of the same composition was so highly effective that it used to
+be ascribed to Giorgione, and might even (according to one authority)
+have passed for the handiwork of Correggio or of Rembrandt. A noted
+fresco in Borgo San Sepolcro, the "Resurrection," may be later than this
+series; it is preserved in the Palazzo de' Conservatori. An important
+painting of the "Flagellation of Christ," in the cathedral of Urbino, is
+later still, probably towards 1470. Piero appears to have been much in
+his native town of Borgo San Sepolcro from about 1445, and more
+especially after 1454, when he finished the series in Arezzo. He grew
+rich there, and there he died, and in October 1492 was buried.
+
+  Two statements made by Vasari regarding "Piero della Francesca" are
+  open to much controversy. He says that Piero became blind at the age
+  of sixty, which cannot be true, as he continued painting some years
+  later; but scepticism need perhaps hardly go to the extent of
+  inferring that he was never blind at all. Vasari also says that Fra
+  Luca Pacioli, a disciple of Piero in scientific matters, defrauded his
+  memory by appropriating his researches without acknowledgment. This is
+  hard upon the friar, who constantly shows a great reverence for his
+  master in the sciences. One of Pacioli's books was published in 1509,
+  and speaks of Piero as still living. Hence it has been propounded that
+  Piero lived to the patriarchal age of ninety-four or upwards; but, as
+  it is now stated that he was buried in 1492, we must infer that there
+  is some mistake in relation to Pacioli's remark--perhaps the date of
+  writing was several years earlier than that of publication. Piero was
+  known to have left a manuscript of his own on perspective; this
+  remained undiscovered for a long time, but eventually was found by E.
+  Harzen in the Ambrosian library of Milan, ascribed to some
+  supposititious "Pietro, Pittore di Bruges." The treatise shows a
+  knowledge of perspective as dependent on the point of distance.
+
+  In the National Gallery, London, are three paintings attributed to
+  Piero de' Franceschi. Another work, a profile of Isotta da Rimini, may
+  safely be rejected. The "Baptism of Christ," which used to be the
+  altar-piece of the Priory of the Baptist in Borgo San Sepolcro, is an
+  important example; and still more so the "Nativity," with the Virgin
+  kneeling, and five angels singing to musical instruments. This is a
+  very interesting and characteristic specimen, and has indeed been
+  praised somewhat beyond its deservings on aesthetic grounds.
+
+  Piero's earlier style was energetic but unrefined, and to the last he
+  lacked selectness of form and feature. The types of his visages are
+  peculiar, and the costumes (as especially in the Arezzo series)
+  singular. He used to work assiduously from clay models swathed in real
+  drapery. Luca Signorelli was his pupil, and probably to some extent
+  Perugino; and his own influence, furthered by that of Signorelli, was
+  potent over all Italy. Belonging as he does to the Umbrian school, he
+  united with that style something of the Sienese and more of the
+  Florentine mode.
+
+  Besides Vasari and Crowe & Cavalcaselle, the work by W.G. Waters,
+  _Piero della Francesca_ (1899) should be consulted.     (W. M. R.)
+
+
+
+
+FRANCESCHINI, BALDASSARE (1611-1689), Italian painter of the Tuscan
+school, named, from Volterra the place of his birth, Il Volterrano, or
+(to distinguish him from Ricciarelli) Il Volterrano Giuniore, was the
+son of a sculptor in alabaster. At a very early age he learned from
+Cosimo Daddi some of the elements of art, and he started as an assistant
+to his father. This employment being evidently below the level of his
+talents, the marquises Inghirami placed him, at the age of sixteen,
+under the Florentine painter Matteo Rosselli. In the ensuing year he had
+advanced sufficiently to execute in Volterra some frescoes, skilful in
+foreshortening, followed by other frescoes for the Medici family in the
+Valle della Petraia. In 1652 the marchese Filippo Niccolini, being
+minded to employ Franceschini upon the frescoes for the cupola and
+back-wall of his chapel in S. Croce, Florence, despatched him to various
+parts of Italy to perfect his style. The painter, in a tour which lasted
+some months, took more especially to the qualities distinctive of the
+schools of Parma and Bologna, and in a measure to those of Pietro da
+Cortona, whose acquaintance he made in Rome. He then undertook the
+paintings commissioned by Niccolini, which constitute his most noted
+performance, the design being good, and the method masterly.
+Franceschini ranks higher in fresco than in oil painting. His works in
+the latter mode were not unfrequently left unfinished, although numerous
+specimens remain, the cabinet pictures being marked by much
+sprightliness of invention. Among his best oil paintings of large scale
+is the "St John the Evangelist" in the church of S. Chiara at Volterra.
+One of his latest works was the fresco of the cupola of the Annunziata,
+Florence, which occupied him for two years towards 1683, a production of
+much labour and energy. Franceschini died of apoplexy at Volterra on the
+6th of January 1689. He is reckoned among those painters of the decline
+of art to whom the general name of "machinist" is applied.
+
+He is not to be confounded with another Franceschini of the same class,
+and of rather later date, also of no small eminence in his time--the
+Cavaliere Marcantonio Franceschini (1648-1729), who was a Bolognese.
+
+
+
+
+FRANCHE-COMTE, a province of France from 1674 to the Revolution. It was
+bounded on the E. by Switzerland, on the S. by Bresse and Bugey, on the
+N. by Lorraine, and on the W. by the duchy of Burgundy and by Bassigny,
+embracing to the E. of the Jura the valley of the Saone and most of that
+of the Doubs. Under the Romans it corresponded to _Maxima Sequanorum_,
+and after having formed part of the kingdom of Burgundy was in the early
+part of the middle ages split up into the four countships of Portois,
+Varais, Amons and Escuens. In the 10th century these four countships
+were united to form a whole, which came to be called the countship of
+Burgundy, and belonged at that time to the family of the counts of
+Macon.
+
+The limits of the countship were definitely settled under Otto William,
+son of Albert or Adalbert, king of Italy (+1027), who on the death of
+his father-in-law, Henry (1002), tried to seize the duchy of Burgundy,
+but without success. The countship, which formed a fief dependent on the
+kingdom of Burgundy, passed to Renaud I., the second son of Otto
+William. When the kingdom of Burgundy was joined to the Germanic empire,
+he refused to pay homage to the emperor Henry III., whose suzerainty
+over him never existed except in theory. William I., surnamed the Great
+or Headstrong (1059-1087), still further added to the power of his house
+by marrying Etiennette, heiress of the count of Vienne, and by acquiring
+from his cousin Guy, when the latter became a monk at Cluny, the
+countship of Macon. One of his sons, Guy, became pope, under the name of
+Calixtus II. His grandson, Renaud III. (1097-1148), in his turn refused
+to pay homage to the emperor Lothair, who retaliated by confiscating his
+dominions and giving them to Conrad of Zaehringen. Renaud, however,
+succeeded in maintaining until his death his possession of the
+countships of Burgundy, Vienne and Macon. He left as sole heiress a
+daughter, Beatrix, whom his brother William III. imprisoned, in order to
+make an attempt on her inheritance; she was set free, however, by the
+emperor Frederick Barbarossa, who married her in 1156.
+
+On the death of Beatrix (1185) the countship of Burgundy passed to Otto
+I. (1190-1200), the youngest but one of her sons, who had to dispute its
+possession with Stephen, count of Auxonne, the grandson of William III.
+Beatrix, the daughter and heiress of Otto I. (1200-1231), married Otto,
+duke of Meran (+1234), under whose government the inhabitants of
+Besancon, which had been since the time of Frederick Barbarossa an
+imperial city, formed themselves definitely into a _commune_. Alix,
+daughter of Beatrix and of Otto of Meran, and heiress to the countship
+of Burgundy, married Hugh of Chalon, son of John the Ancient or the Wise
+(d. 1248), and a descendant of William III. and consequently of William
+the Headstrong, thus bringing the countship back into the family of its
+former lords. His son Otto IV. (1279-1303) engaged in war against the
+bishop of Basel, and the German king Rudolph I., who supported the
+latter, entered Franche-Comte and besieged Besancon, but without success
+(1289). Otto, in fulfilment of the treaties of Ervennes and Vincennes
+(1291-1295) gave Jeanne, his daughter by Mahaut of Artois, in marriage
+to Philip, count of Poitiers, son of Philip the Fair. The latter took
+over the administration of the countship in spite of strong opposition
+from the nobles of the country, but their leader, John of Chalon-Arlay,
+was compelled to make his submission. Another of Otto's daughters
+married Charles IV., the Handsome, and both princesses, together with
+their sister-in-law Margaret of Burgundy, were concerned in the
+celebrated trial of the Tour de Nesle. Jeanne, however, continued to
+govern her countship when Philip her husband became king of France
+(Philip V., "the Long"). Jeanne, their daughter and heiress, married Odo
+IV., duke of Burgundy (1330-1347), and her sister Margaret became the
+wife of Louis II., count of Flanders. The countship returned to Margaret
+at the death of Odo IV., who was succeeded in his duchy by his grandson
+Philip of Rouvre.
+
+The marriage of Philip the Bold with Margaret, daughter of Louis of
+Male, caused Franche-Comte to pass to the princes of the ducal house of
+Burgundy, who kept it up till the death of Charles the Bold (1477). On
+his death Louis XI. laid claim to the government of the countship as
+well as of the duchy, as trustee for the property of the princess Mary,
+who was closely related to him and destined to marry the dauphin (later
+Charles VIII.). French garrisons occupied the principal towns, and the
+lord of Craon was appointed governor of the country. In consequence of
+his severity there was a general rising, and at the same time Mary
+married Maximilian, archduke of Austria, to whom her father had formerly
+betrothed her (Aug. 1477). The French were expelled from the fortified
+towns and Craon beaten by the people of Dole. Charles of Amboise, who
+took his place, reconquered the province, and even Besancon submitted to
+the authority of the king of France, who promised to respect its
+privileges.
+
+On the death of Louis XI. (1483), the estates of Franche-Comte
+recognized as sovereign his son Charles, who was betrothed to the little
+Margaret of Burgundy, daughter of Maximilian and Mary (d. 1482), but
+when Charles VIII. refused Margaret's hand in order to marry Anne of
+Brittany there was a fresh rising, and the French were again driven out.
+The treaty of Senlis (23rd May 1483) put an end to the struggle: Charles
+abandoned all his pretensions, and Maximilian was thus left in
+possession of Franche-Comte, the sovereignty of which he handed on to
+his son Philip and ultimately to the crown of Spain. He had, however,
+constituted his daughter Margaret sovereign-governess of Franche-Comte
+for life, and under the administration of this princess (who died in
+1530), as under the rule of Charles V., the country enjoyed comparative
+independence, paying a "_don gratuit_" of 200,000 livres every three
+years, and being actually governed by the parliament of Dole, and by
+governors chosen from the nobility of the country. It was Franche-Comte
+which furnished Philip II. of Spain with one of his best counsellors,
+Cardinal Perrenot de Granvella.
+
+In the 16th century the country was disturbed by the preaching of
+Protestant doctrines, which gained adherents especially in the district
+of Montbeliard, and later by the wars between France and Spain. In 1595
+the armies of Henry IV. levied contributions on Besancon and other
+towns; but the people of Franche-Comte succeeded in obtaining special
+terms of neutrality in order to shelter themselves from injury from
+either of the parties in the war, and enjoyed a period of calm under the
+government of the infanta Isabella Clara Eugenie and the archduke Albert
+(1599-1621). But the country suffered greatly from the ravages of the
+Thirty Years' War, from the presence of the army of the Condes, which
+besieged Dole, from the devastation of the troops of Gallas, and later
+of those of Bernard of Saxe-Weimar. The peace of Westphalia (1648)
+confirmed Spain in the possession of Franche-Comte. In 1668 the French
+again entered it, and the conquest, of which the foundations had been
+laid by the intrigues of the abbot of Watteville and the French party
+constituted by him, was easily accomplished by Conde and Luxemburg,
+Louis XIV. directing the army in Franche-Comte for some time in person.
+None the less, the country was restored to Spain at the peace of
+Aix-la-Chapelle (1668), but in 1674 Louis headed another expedition
+there. Besancon capitulated after a siege of twenty-seven days, and Dole
+and Salins also fell into the hands of the invaders.
+
+In 1678 the treaty of Nijmwegen gave Franche-Comte to France (the
+principality of Montbeliard remaining in the possession of the house of
+Wuerttemberg, which had acquired it by marriage), and it was in
+celebration of this conquest that the Arc de Triomphe of the Portes
+Saint Denis and Saint Martin at Paris was erected. Franche-Comte became
+a military government (_gouvernement_). The estates ceased to meet, and
+the old "_don gratuit_" was replaced by a tax which became increasingly
+heavy. Louis made Besancon, which Vauban fortified, into the capital of
+the province, and transferred to it the parliament and the university,
+the seat of which had hitherto been Dole. For purposes of
+administration, the county was divided among the four great _bailliages_
+of Besancon, Dole, Amont (chief town Vesoul) and Aval (chief town
+Salins). At the Revolution were formed from it the departments of Jura,
+Doubs and Haute-Saone.
+
+  See Dunod, _Histoire des Sequanois; Hist. du comte de Bourgogne_
+  (Dijon, 1735-1740); E. Clerc, _Essai sur l'histoire de la
+  Franche-Comte_ (2nd ed., Besancon, 1870).     (R. Po.)
+
+
+
+
+FRANCHISE (from O. Fr. _franchise_, freedom, _franc_, free), in English
+law, a royal privilege or branch of the crown's prerogative subsisting
+in the hands of a subject. A franchise is an incorporeal hereditament,
+and arises either from royal grants or from prescription which
+presupposes a grant. Such franchises are bodies corporate, the right to
+hold a fair, market, ferry, free fishery, &c. The term is also applied
+to the right of voting at elections and the qualifications upon which
+that right is based (see REGISTRATION; REPRESENTATION; VOTE). In the
+United States the term is especially applied to the right or powers of
+partial appropriation of public property by exclusive use, or to a
+privilege of a public nature conferred on a corporation created for the
+purpose.
+
+
+
+
+FRANCIA (c. 1450-1517), a Bolognese painter, whose real name was
+Francesco Raibolini, his father being Marco di Giacomo Raibolini, a
+carpenter, descended from an old and creditable family, was born at
+Bologna about 1450. He was apprenticed to a goldsmith currently named
+Francia, and from him probably he got the nickname whereby he is
+generally known; he moreover studied design under Marco Zoppo. The youth
+was thus originally a goldsmith, and also an engraver of dies and
+niellos, and in these arts he became extremely eminent. He was
+particularly famed for his dies for medals; he rose to be mint-master at
+Bologna, and retained that office till the end of his life. A famous
+medal of Pope Julius II. as liberator of Bologna is ascribed to his
+hand, but not with certainty. As a type-founder he made for Aldus
+Manutius the first italic type.
+
+At a mature age--having first, it appears, become acquainted with
+Mantegna--he turned his attention to painting. His earliest known
+picture is dated 1494 (not 1490, as ordinarily stated). It shows so much
+mastery that one is compelled to believe that Raibolini must before then
+have practised painting for some few years. This work is now in the
+Bologna gallery,--the "Virgin enthroned, with Augustine and five other
+saints." It is an oil picture, and was originally painted for the church
+of S. Maria della Misericordia, at the desire of the Bentivoglio family,
+the rulers of Bologna. The same patrons employed him upon frescoes in
+their own palace; one of "Judith and Holophernes" is especially noted,
+its style recalling that of Mantegna. Francia probably studied likewise
+the works of Perugino; and he became a friend and ardent admirer of
+Raphael, to whom he addressed an enthusiastic sonnet. Raphael cordially
+responded to the Bolognese master's admiration, and said, in a letter
+dated in 1508, that few painters or none had produced Madonnas more
+beautiful, more devout, or better portrayed than those of Francia. If we
+may trust Vasari--but it is difficult to suppose that he was entirely
+correct--the exceeding value which Francia set on Raphael's art brought
+him to his grave. Raphael had consigned to Francia his famous picture of
+"St Cecilia," destined for the church of S. Giovanni in Monte, Bologna;
+and Francia, on inspecting it, took so much to heart his own
+inferiority, at the advanced age of about sixty-six, to the youthful
+Umbrian, that he sickened and shortly expired on the 6th of January
+1517. A contemporary record, after attesting his pre-eminence as a
+goldsmith, jeweller and painter, states that he was "most handsome in
+person and highly eloquent."
+
+Distanced though he may have been by Raphael, Francia is rightly
+regarded as the greatest painter of the earlier Bolognese school, and
+hardly to be surpassed as representing the art termed "antico-moderno,"
+or of the "quattrocento." It has been well observed that his style is a
+medium between that of Perugino and that of Giovanni Bellini; he has
+somewhat more of spontaneous naturalism than the former, and of abstract
+dignity in feature and form than the latter. The magnificent portrait in
+the Louvre of a young man in black, of brooding thoughtfulness and
+saddened profundity of mood, would alone suffice to place Francia among
+the very great masters, if it could with confidence be attributed to his
+hand, but in all probability its real author was Franciabigio; it had
+erewhile passed under the name of Raphael, of Giorgione, or of Sebastian
+del Piombo. The National Gallery, London, contains two remarkably fine
+specimens of Francia, once combined together as principal picture and
+lunette,--the "Virgin" and "Child and St Anna" enthroned, surrounded by
+saints, and (in the lunette) the "Pieta," or lamentation of angels over
+the dead Saviour. They come from the Buonvisi chapel in the church of S.
+Frediano, Lucca, and were among the master's latest paintings. Other
+leading works are--in Munich, the "Virgin" sinking on her knees in
+adoration of the Divine Infant, who is lying in a garden within a rose
+trellis; in the Borghese gallery, Rome, a Peter Martyr; in Bologna, the
+frescoes in the church of St Cecilia, illustrating the life of the
+saint, all of them from the design of Raibolini, but not all executed by
+himself. His landscape backgrounds are of uncommon excellence. Francia
+had more than 200 scholars. Marcantonio Raimondi, the famous engraver,
+is the most renowned of them; next to him Amico Aspertini, and Francia's
+own son Giacomo, and his cousin Julio. Lorenzo Costa was much associated
+with Francia in pictorial work.
+
+  Among the authorities as to the life and work of Francia may be
+  mentioned J.A. Calvi, _Memorie della vita di Francesco Raibolini_
+  (1812), and especially G.C. Williamson, _Francia_ (1900).
+       (W. M. R.)
+
+
+
+
+FRANCIA, JOSE GASPAR RODRIGUEZ (c. 1757-1840), dictator of Paraguay, was
+born probably about 1757. According to one account he was of French
+descent; but the truth seems to be that his father, Garcia Rodriguez
+Francia, was a native of S. Paulo in Brazil, and came to Paraguay to
+take charge of a plantation of black tobacco for the government. He
+studied theology at the college of Cordova de Tucuman, and is said to
+have been for some time a professor in that faculty; but he afterwards
+turned his attention to the law, and practised in Asuncion. Having
+attained a high reputation at once for ability and integrity, he was
+selected for various important offices. On the declaration of Paraguayan
+independence in 1811, he was appointed secretary to the national junta,
+and exercised an influence on affairs greatly out of proportion to his
+nominal position. When the congress or junta of 1813 changed the
+constitution and established a duumvirate, Dr Francia and the Gaucho
+general Yegres were elected to the office. In 1814 he secured his own
+election as dictator for three years, and at the end of that period he
+obtained the dictatorship for life. In the accounts which have been
+published of his administration we find a strange mixture of capacity
+and caprice, of far-sighted wisdom and reckless infatuation, strenuous
+endeavours after a high ideal and flagrant violations of the simplest
+principles of justice. He put a stop to the foreign commerce of the
+country, but carefully fostered its internal industries; was disposed to
+be hospitable to strangers from other lands, and kept them prisoners for
+years; lived a life of republican simplicity, and punished with
+Dionysian severity the slightest want of respect. As time went on he
+appears to have grown more arbitrary and despotic. Deeply imbued with
+the principles of the French Revolution, he was a stern antagonist of
+the church. He abolished the Inquisition, suppressed the college of
+theology, did away with the tithes, and inflicted endless indignities on
+the priests. He discouraged marriage both by precept and example, and
+left behind him several illegitimate children. For the extravagances of
+his later years the plea of insanity has been put forward. On the 20th
+of September 1840 he was seized with a fit and died.
+
+  The first and fullest account of Dr Francia was given to the world by
+  two Swiss surgeons, Rengger and Longchamp, whom he had detained from
+  1819 to 1825--_Essai historique sur la revolution de Paraguay et la
+  gouvernement dictatorial du docteur Francia_ (Paris, 1827). Their work
+  was almost immediately translated into English under the title of _The
+  Reign of Doctor Joseph G.R. De Francia in Paraguay_ (1827). About
+  eleven years after there appeared at London _Letters on Paraguay_, by
+  J.P. and W.P. Robertson, two young Scotsmen whose hopes of commercial
+  success had been rudely destroyed by the dictator's interference. The
+  account which they gave of his character and government was of the
+  most unfavourable description, and they rehearsed and emphasized their
+  accusations in _Francia's Reign of Terror_ (1839) and _Letters on
+  South America_ (3 vols., 1843). From the very pages of his detractors
+  Thomas Carlyle succeeded in extracting materials for a brilliant
+  defence of the dictator "as a man or sovereign of iron energy and
+  industry, of great and severe labour." It appeared in the _Foreign
+  Quarterly Review_ for 1843, and is reprinted in his _Critical and
+  Miscellaneous Essays_. Sir Richard F. Burton gives a graphic sketch of
+  Francia's life and a favourable notice of his character in his
+  _Letters from the Battlefields of Paraguay_ (1870), while C.A.
+  Washburn takes up a hostile position in his _History of Paraguay_
+  (1871).
+
+
+
+
+FRANCIABIGIO (1482-1525), Florentine painter. The name of this artist is
+generally given as Mercantonio Franciabigio; it appears, however, that
+his only real ascertained name was Francesco di Cristofano; and that he
+was currently termed Francia Bigio, the two appellatives being distinct.
+He was born in Florence, and studied under Albertinelli for some months.
+In 1505 he formed the acquaintance of Andrea del Sarto; and after a
+while the two painters set up a shop in common in the Piazza del Grano.
+Franciabigio paid much attention to anatomy and perspective, and to the
+proportions of his figures, though these are often too squat and puffy
+in form. He had a large stock of artistic knowledge, and was at first
+noted for diligence. As years went on, and he received frequent
+commissions for all sorts of public painting for festive occasions, his
+diligence merged in something which may rather be called workmanly
+offhandedness. He was particularly proficient in fresco, and Vasari even
+says that he surpassed all his contemporaries in this method--a judgment
+which modern connoisseurship does not accept. In the court of the
+Servites (or cloister of the Annunziata) in Florence he painted in 1513
+the "Marriage of the Virgin," as a portion of a series wherein Andrea
+del Sarto was chiefly concerned. The friars having uncovered this work
+before it was quite finished, Franciabigio was so incensed that, seizing
+a mason's hammer, he struck at the head of the Virgin, and some other
+heads; and the fresco, which would otherwise be his masterpiece in that
+method, remains thus mutilated. At the Scalzo, in another series of
+frescoes on which Andrea was likewise employed, he executed in 1518-1519
+the "Departure of John the Baptist for the Desert," and the "Meeting of
+the Baptist with Jesus"; and, at the Medici palace at Poggio a Caiano,
+in 1521, the "Triumph of Cicero." Various works which have been ascribed
+to Raphael are now known or reasonably deemed to be by Franciabigio.
+Such are the "Madonna del Pozzo," in the Uffizi Gallery; the half figure
+of a "Young Man," in the Louvre (see also FRANCIA); and the famous
+picture in the Fuller-Maitland collection, a "Young Man with a Letter."
+These two works show a close analogy in style to another in the Pitti
+gallery, avowedly by Franciabigio, a "Youth at a Window," and to some
+others which bear this painter's recognized monogram. The series of
+portraits, taken collectively, placed beyond dispute the eminent and
+idiosyncratic genius of the master. Two other works of his, of some
+celebrity, are the "Calumny of Apelles," in the Pitti, and the "Bath of
+Bathsheba" (painted in 1523), in the Dresden gallery.
+
+
+
+
+FRANCIS (Lat. _Franciscus_, Ital. _Francesco_, Span. _Francisco_, Fr.
+_Francois_, Ger. _Franz_), a masculine proper name meaning "Frenchman."
+As a Christian name it originated with St Francis of Assisi, whose
+baptismal name was Giovanni, but who was called Francesco by his father
+on returning from a journey in France. The saint's fame made the name
+exceedingly popular from his day onwards.
+
+
+
+
+FRANCIS I. (1708-1765), Roman emperor and grand duke of Tuscany, second
+son of Leopold Joseph, duke of Lorraine, and his wife Elizabeth
+Charlotte, daughter of Philip, duke of Orleans, was born on the 8th of
+December 1708. He was connected with the Habsburgs through his
+grandmother Eleanore, daughter of the emperor Ferdinand III., and wife
+of Charles Leopold of Lorraine. The emperor Charles VI. favoured the
+family, who, besides being his cousins, had served the house of Austria
+with distinction. He had designed to marry his daughter Maria Theresa to
+Clement, the elder brother of Francis. On the death of Clement he
+adopted the younger brother as her husband. Francis was brought up at
+Vienna with Maria Theresa on the understanding that they were to be
+married, and a real affection arose between them. At the age of fifteen,
+when he was brought to Vienna, he was established in the Silesian duchy
+of Teschen, which had been mediatized and granted to his father by the
+emperor in 1722. He succeeded his father as duke of Lorraine in 1729,
+but the emperor, at the end of the Polish War of Succession, desiring to
+compensate his candidate Stanislaus Leszczynski for the loss of his
+crown in 1735, persuaded Francis to exchange Lorraine for the reversion
+of the grand duchy of Tuscany. On the 12th of February 1736 he was
+married to Maria Theresa, and they went for a short time to Florence,
+when he succeeded to the grand duchy in 1737 on the death of John
+Gaston, the last of the ruling house of Medici. His wife secured his
+election to the Empire on the 13th of September 1745, in succession to
+Charles VII., and she made him co-regent of her hereditary dominions.
+Francis was well content to leave the reality of power to his able wife.
+He had a natural fund of good sense and some business capacity, and was
+a useful assistant to Maria Theresa in the laborious task of governing
+the complicated Austrian dominions, but his functions appear to have
+been of a purely secretarial character. He died suddenly in his carriage
+while returning from the opera at Innsbruck on the 18th of August 1765.
+
+  See A. von Arneth, _Geschichte Maria Theresias_ (Vienna, 1863-1879).
+
+
+
+
+FRANCIS II. (1768-1835), the last Roman emperor, and, as Francis I.,
+first emperor of Austria, was the son of Leopold II., grand-duke of
+Tuscany, afterwards emperor, and of his wife Maria Louisa, daughter of
+Charles III. of Spain. He was born at Florence on the 12th of February
+1768. In 1784 he was brought to Vienna to complete his education under
+the eye of his uncle the emperor Joseph II., who was childless. Joseph
+was repelled by the frigid and retiring character of his nephew, and is
+said to have treated him with an impatient contempt which confirmed his
+natural timidity; but after the marriage of Francis to Elizabeth of
+Wuerttemberg (1788) their relations improved. At the close of his uncle's
+reign he saw some service in the ill-conducted war with Turkey, and kept
+a careful diary of his experiences. The death of his wife in childbirth
+on the 18th of February 1790 was followed by the death of his uncle on
+the 20th; and Francis acted as regent with Prince Kaunitz until his
+father came from Florence. On the 19th of September he married his first
+cousin Maria Theresa, daughter of Ferdinand, king of Naples, by whom he
+was the father of his successor Ferdinand I., of Maria Louisa, wife of
+Napoleon, and of the archduke Francis, father of the emperor Francis
+Joseph. After her death (1807) he married Maria Ludovica Beatrix of Este
+(1808), and when she died he made a fourth marriage with Carolina
+Augusta of Bavaria (1816).
+
+He succeeded to the Austrian dominions and the empire on the death of
+his father on the 1st of March 1792. The position was a trying one for a
+young prince twenty-four years of age. The dominions of the house of
+Austria, widely scattered in the Low Countries, Germany and Italy, were
+exposed to the attacks of the French revolutionary governments and of
+Napoleon. He was dragged into all the coalitions against France, and in
+the early days of his reign he had to guard against the ambition of
+Prussia, and the aggressions of Russia in Poland and Turkey. For long
+he had no adviser save such diplomatists as Prince Kaunitz and Thugut,
+who had been trained in the old Austrian diplomacy. His own best quality
+was an invincible patience supported by reliance on the loyalty of his
+subjects, and a sense of his duty to the state. (For the general events
+of this reign till 1815 see EUROPE, AUSTRIA, NAPOLEON, FRENCH
+REVOLUTIONARY WARS, &c.) The emperor's firmness averted what would have
+been an irreparable loss of position. Seeing that the Empire was in the
+last stage of dissolution, and that, even were it to survive, it would
+pass from the house of Habsburg to that of Bonaparte, he in 1804 assumed
+the title of hereditary emperor of Austria. The object of this prudent
+measure was double. In the first place, he guarded against the danger
+that his house should sink to a lower rank than the Russian or the
+French. In the second place, he gave some semblance of unity to his
+complex dominions in Germany, Bohemia, Hungary and Italy, by providing a
+common title for the supreme ruler. His action was justified when, in
+1806, the establishment of the Confederation of the Rhine forced him to
+abdicate the empty title of Holy Roman emperor.
+
+In 1805 he made an important change in the working of his
+administration. He had hitherto been assisted by a cabinet minister who
+was in direct relation with all the "chanceries" and boards which formed
+the executive government, and who acted as the channel of communication
+between them and the emperor, and was in fact a prime minister. In 1805
+Napoleon insisted on the removal of Count Colloredo, who held the post.
+From that time forward the emperor Francis acted as his own prime
+minister, superintending every detail of his administration. In foreign
+affairs after 1809 he reposed full confidence in Prince Metternich. But
+Metternich himself declared at the close of his life that he had
+sometimes held Europe in the palm of his hand, but never Austria.
+Francis was sole master, and is entitled to whatever praise is due to
+his government. It follows that he must bear the blame for its errors.
+The history of the Austrian empire under his rule and since his death
+bears testimony to both his merits and his limitations. His indomitable
+patience and loyalty to his inherited task enabled him to triumph over
+Napoleon. By consenting to the marriage of his daughter, Marie Louise,
+to Napoleon in 1810, he gained a respite which he turned to good
+account. By following the guidance of Metternich in foreign affairs he
+was able to intervene with decisive effect in 1813. The settlement of
+Europe in 1815 left Austria stronger and more compact than she had been
+in 1792, and that this was the case was largely due to the emperor.
+
+During the twenty years which preceded his death in 1835, Francis
+continued to oppose the revolutionary spirit. He had none of the
+mystical tendencies of the tsar Alexander I., and only adhered to the
+half fantastic Holy Alliance of 1815 out of pure politeness. But he was
+wholly in sympathy with the policy of "repression" which came, in
+popular view, to be identified with the Holy Alliance; and though
+Metternich was primarily responsible for the part played by Austria in
+the "policing" of Europe, Francis cannot but be held personally
+responsible for the cruel and impolitic severities, associated
+especially with the sinister name of the fortress prison of the
+Spielberg, which made so many martyrs to freedom. It is not surprising
+that Francis was denounced by Liberals throughout Europe as a tyrant and
+an obscurantist. But though at home, as abroad, he met all suggestions
+of innovation by a steady refusal to depart from old ways, he was always
+popular among the mass of his subjects, who called him "our good Kaiser
+Franz." In truth, if in the spirit of the traditional _Landesvater_ he
+chastised his disobedient children mercilessly, he was essentially a
+well-meaning ruler who forwarded the material and moral good of his
+subjects according to his lights. But he held that, by the will of God,
+the whole sovereign authority resided in his person, and could not be
+shared with others without a dereliction of duty on his part and
+disastrous consequences; and his capital error as a ruler of Austria was
+that he persisted in maintaining a system of administration which
+depended upon the indefatigable industry of a single man, and was
+entirely outgrown by the modern development of his subjects. Before his
+death, government in Austria was almost choked, and it broke down under
+a successor who had not his capacity for work. Like his ancestor Philip
+II. of Spain, Francis carried caution, and a disposition to sleep upon
+every possible proposal, to a great length. He died on the 2nd of March
+1835.
+
+  See Baron J.A. Helfert, _Kaiser Franz und die oesterreichischen
+  Befreiungs-Kriege_ (Vienna, 1867). Ample bibliographies will be found
+  in Krones von Marchland's _Grundriss der oesterreichischen Geschichte_
+  (Berlin, 1882).
+
+
+
+
+FRANCIS I. (1494-1547), king of France, son of Charles of Valois, count
+of Angouleme, and Louise of Savoy, was born at Cognac on the 12th of
+September 1494. The count of Angouleme, who was the great-grandson of
+King Charles V., died in 1496, and Louise watched over her son with
+passionate tenderness. On the accession of Louis XII. in 1498, Francis
+became heir-presumptive. Louis invested him with the duchy of Valois,
+and gave him as tutor Marshal de Gie, and, after Gie's disgrace in 1503,
+the sieur de Boisy, Artus Gouffier. Francois de Rochefort, abbot of St
+Mesmin, instructed Francis and his sister Marguerite in Latin and
+history; Louise herself taught them Italian and Spanish; and the library
+of the chateau at Amboise was well stocked with romances of the Round
+Table, which exalted the lad's imagination. Francis showed an even
+greater love for violent exercises, such as hunting, which was his
+ruling passion, and tennis, and for tournaments, masquerades and
+amusements of all kinds. His earliest gallantries are described by his
+sister in the 25th and 42nd stories of the _Heptameron_. In 1507 Francis
+was betrothed to Claude, the daughter of Louis XII., and in 1508 he came
+to court. In 1512 he gained his first military experience in Guienne,
+and in the following year he commanded the army of Picardy. He married
+Claude on the 18th of May 1514, and succeeded Louis XII. on the 1st of
+January 1515. Of noble bearing, and, in spite of a very long and large
+nose, extremely handsome, he was a sturdy and valiant knight, affable,
+courteous, a brilliant talker and a facile poet. He had a sprightly wit,
+some delicacy of feeling, and some generous impulses which made him
+amiable. These brilliant qualities, however, were all on the surface. At
+bottom the man was frivolous, profoundly selfish, unstable, and utterly
+incapable of consistency or application. The ambassadors remarked his
+negligence, and his ministers complained of it. Hunting, tennis, jewelry
+and his gallantry were the chief preoccupations of his life.
+
+His character was at once authoritative and weak. He was determined to
+be master and to decide everything himself, but he allowed himself to be
+dominated and easily persuaded. Favourites, too, without governing
+entirely for him, played an important part in his reign. His capricious
+humour elevated and deposed them with the same disconcerting suddenness.
+In the early years of his reign the conduct of affairs was chiefly in
+the hands of Louise of Savoy, Chancellor Antoine Duprat, Secretary
+Florimond Robertet, and the two Gouffiers, Boisy and Bonnivet. The royal
+favour then elevated Anne de Montmorency and Philippe de Chabot, and in
+the last years of the reign Marshal d'Annebaud and Cardinal de Tournon.
+Women too had always a great influence over Francis--his sister,
+Marguerite d'Angouleme, and his mistresses. Whatever the number of
+these, he had only two titular mistresses--at the beginning of the reign
+Francoise de Chateaubriant, and from about 1526 to his death Anne de
+Pisseleu, whom he created duchesse d'Etampes and who entirely dominated
+him. It has not been proved that he was the lover of Diane de Poitiers,
+nor does the story of "La belle Ferronniere" appear to rest on any
+historical foundation.[1]
+
+Circumstances alone gave a homogeneous character to the foreign policy
+of Francis. The struggle against the emperor Charles V. filled the
+greater part of the reign. In reality, the policy of Francis, save for
+some flashes of sagacity, was irresolute and vacillating. Attracted at
+first by Italy, dreaming of fair feats of prowess, he led the triumphal
+Marignano expedition, which gained him reputation as a knightly king and
+as the most powerful prince in Europe. In 1519, in spite of wise
+counsels, he stood candidate for the imperial crown. The election of
+Charles V. caused an inevitable rivalry between the two monarchs which
+accentuated still further the light and chivalrous temper of the king
+and the cold and politic character of the emperor. Francis's personal
+intervention in this struggle was seldom happy. He did not succeed in
+gaining the support of Henry VIII. of England at the interview of the
+Field of the Cloth of Gold in 1520; his want of tact goaded the
+Constable de Bourbon to extreme measures in 1522-1523; and in the
+Italian campaign of 1525 he proved himself a mediocre, vacillating and
+foolhardy leader, and by his blundering led the army to the disaster of
+Pavia (the 25th of February 1525), where, however, he fought with great
+bravery. "Of all things," he wrote to his mother after the defeat,
+"nothing remains to me but honour and life, which is safe"--the
+authentic version of the legendary phrase "All is lost save honour." He
+strove to play the part of royal captive heroically, but the prison life
+galled him. He fell ill at Madrid and was on the point of death. For a
+moment he thought of abdicating rather than of ceding Burgundy. But this
+was too great a demand upon his fortitude, and he finally yielded and
+signed the treaty of Madrid, after having drawn up a secret protest.
+After Madrid he wavered unceasingly between two courses, either that of
+continuing hostilities, or the policy favoured by Montmorency of peace
+and understanding with the emperor. At times he had the sagacity to
+recognize the utility of alliances, as was shown by those he concluded
+with the Porte and with the Protestant princes of Germany. But he could
+never pledge himself frankly in one sense or the other, and this
+vacillation prevented him from attaining any decisive results. At his
+death, however, France was in possession of Savoy and Piedmont.
+
+In his religious policy Francis showed the same instability. Drawn
+between various influences, that of Marguerite d'Angouleme, the du
+Bellays, and the duchesse d'Etampes, who was in favour of the
+Reformation or at least of toleration, and the contrary influence of the
+uncompromising Catholics, Duprat, and then Montmorency and de Tournon,
+he gave pledges successively to both parties. In the first years of the
+reign, following the counsels of Marguerite, he protected Jacques
+Lefevre of Etaples and Louis de Berquin, and showed some favour to the
+new doctrines. But the violence of the Reformers threw him into the arms
+of the opposite party. The affair of the Placards in 1534 irritated him
+beyond measure, and determined him to adopt a policy of severity. From
+that time, in spite of occasional indulgences shown to the Reformers,
+due to his desire to conciliate the Protestant powers, Francis gave a
+free hand to the party of repression, of which the most active and most
+pitiless member was Cardinal de Tournon; and the end of the reign was
+sullied by the massacre of the Waldenses (1545).
+
+Francis introduced new methods into government. In his reign the
+monarchical authority became more imperious and more absolute. His was
+the government "_du bon plaisir_." By the unusual development he gave to
+the court he converted the nobility into a brilliant household of
+dependants. The Concordat brought the clergy into subjection, and
+enabled him to distribute benefices at his pleasure among the most
+docile of his courtiers. He governed in the midst of a group of
+favourites, who formed the _conseil des affaires_. The states-general
+did not meet, and the remonstrances of the parlement were scarcely
+tolerated. By centralizing the financial administration by the creation
+of the _Tresor de l'Epargne_, and by developing the military
+establishments, Francis still further strengthened the royal power. His
+government had the vices of his foreign policy. It was uncertain,
+irregular and disorderly. The finances were squandered in gratifying the
+king's unbridled prodigality, and the treasury was drained by his
+luxurious habits, by the innumerable gifts and pensions he distributed
+among his mistresses and courtiers, by his war expenses and by his
+magnificent buildings. His government, too, weighed heavily upon the
+people, and the king was less popular than is sometimes imagined.
+
+Francis owes the greater measure of his glory to the artists and men of
+letters who vied in celebrating his praises. He was pre-eminently the
+king of the Renaissance. Of a quick and cultivated intelligence, he had
+a sincere love of letters and art. He holds a high place in the history
+of humanism by the foundation of the College de France; he did not found
+an actual college, but after much hesitation instituted in 1530, at the
+instance of Guillaume Bude (Budaeus), _Lecteurs royaux_, who in spite of
+the opposition of the Sorbonne were granted full liberty to teach
+Hebrew, Greek, Latin, mathematics, &c. The humanists Bude, Jacques Colin
+and Pierre Duchatel were the king's intimates, and Clement Marot was his
+favourite poet. Francis sent to Italy for artists and for works of art,
+but he protected his own countrymen also. Here, too, he showed his
+customary indecision, wavering between the two schools. At his court he
+installed Benvenuto Cellini, Francesco Primaticcio and Rosso del Rosso,
+but in the buildings at Chambord, St Germain, Villers-Cotterets and
+Fontainebleau the French tradition triumphed over the Italian.
+
+Francis died on the 31st of March 1547, of a disease of the urinary
+ducts according to some accounts, of syphilis according to others. By
+his first wife Claude (d. 1524) he had three sons and four daughters:
+Louise, who died in infancy; Charlotte, who died at the age of eight;
+Francis (d. 1536); Henry, who came to the throne as Henry II.;
+Madeleine, who became queen of Scotland; Charles (d. 1545); and
+Margaret, duchess of Savoy. In 1530 he married Eleanor, the sister of
+the emperor Charles V.
+
+  AUTHORITIES.--For the official acts of the reign, the _Catalogue des
+  actes de Francois I^er_, published by the Academie des Sciences
+  morales et politiques (Paris, 1887-1907), is a valuable guide. The
+  _Bibliotheque Nationale_, the _National Archives_, &c., contain a mass
+  of unpublished documents. Of the published documents, see N. Camuzat,
+  _Meslanges historiques_ ... (Troyes, 1619); G. Ribier, _Lettres et
+  memoires d'estat_ (Paris, 1666); _Letters de Marguerite d'Angouleme_,
+  ed. by F. Genin (Paris, 1841 and 1842); the _Correspondence of
+  Castillon and Marillac_ (ed. by Kaulek, Paris, 1885), of _Odet de
+  Selve_ (ed. by Lefevre-Pontalis, Paris, 1888), and of _Guillaume
+  Pellicier_ (ed. by Tausserat-Radel, Paris, 1900); _Captivite du roi
+  Francois I^er_, and _Poesies de Francois I^er_ (both ed. by
+  Champollion-Figeac, Paris, 1847, of doubtful authenticity); _Relations
+  des ambassadeurs venitiens_, &c. Of the memoirs and chronicles, see
+  the journal of Louise of Savoy in S. Guichenon's _Histoire de la
+  maison de Savoie_, vol. iv. (ed. of 1778-1780); _Journal de Jean
+  Barillon_, ed. by de Vaissiere (Paris, 1897-1899); _Journal d'un
+  bourgeois de Paris_, ed. by Lalanne (Paris, 1854); _Cronique du roy
+  Francois I^er_, ed. by Guiffrey (Paris, 1868); and the memoirs of
+  Fleuranges, Montluc, Tavannes, Vieilleville, Brantome and especially
+  Martin du Bellay (coll. Michaud and Poujoulat). Of the innumerable
+  secondary authorities, see especially Paulin Paris, _Etudes sur le
+  regne de Francois I^er_ (Paris, 1885), in which the apologetic
+  tendency is excessive; and H. Lemonnier in vol. v. (Paris, 1903-1904)
+  of E. Lavisse's _Histoire de France_, which gives a list of the
+  principal secondary authorities. There is a more complete
+  bibliographical study by V.L. Bourrilly in the _Revue d'histoire
+  moderne et contemporaine_, vol. iv. (1902-1903). The printed sources
+  have been catalogued by H. Hauser, _Les Sources de l'histoire de
+  France, XVI^e siecle_, tome ii. (Paris, 1907).     (J. I.)
+
+
+FOOTNOTE:
+
+  [1]On this point see Paulin Paris, _Etudes sur le regne de Francois
+    I^er_.
+
+
+
+
+FRANCIS II. (1544-1560), king of France, eldest son of Henry II. and of
+Catherine de' Medici, was born at Fontainebleau on the 19th of January
+1544. He married the famous Mary Stuart, daughter of James V. of
+Scotland, on the 25th of April 1558, and ascended the French throne on
+the 10th of July 1559. During his short reign the young king, a sickly
+youth and of feeble understanding, was the mere tool of his uncles
+Francis, duke of Guise, and Charles, cardinal of Lorraine, into whose
+hands he virtually delivered the reins of government. The exclusiveness
+with which they were favoured, and their high-handed proceedings,
+awakened the resentment of the princes of the blood, Anthony king of
+Navarre and Louis prince of Conde, who gave their countenance to a
+conspiracy (conspiracy of Amboise) with the Protestants against the
+house of Guise. It was, however, discovered shortly before the time
+fixed for its execution in March 1560, and an ambush having been
+prepared, most of the conspirators were either killed or taken
+prisoners. Its leadership and organization had been entrusted to Godfrey
+de Barri, lord of la Renaudie (d. 1560); and the prince of Conde, who
+was not present, disavowed all connexion with the plot. The duke of
+Guise was now named lieutenant-general of the kingdom, but his Catholic
+leanings were somewhat held in check by the chancellor Michel de
+l'Hopital, through whose mediation the edict of Romorantin, providing
+that all cases of heresy should be decided by the bishops, was passed in
+May 1560, in opposition to a proposal to introduce the Inquisition. At a
+meeting of the states-general held at Orleans in the December following,
+the prince of Conde, after being arrested, was condemned to death, and
+extreme measures were being enacted against the Huguenots; but the
+deliberations of the Assembly were broken off, and the prince was saved
+from execution, by the king's somewhat sudden death, on the 5th of the
+month, from an abscess in the ear.
+
+  PRINCIPAL AUTHORITIES.--"Lettres de Catherine de Medicis," edited by
+  Hector de la Ferriere (1880 seq.), and "Negociations ... relatives au
+  regne de Francois II," edited by Louis Paris (1841), both in the
+  _Collection de documents inedits sur l'histoire de France_; notice of
+  Francis, duke of Guise, in the _Nouvelle Collection des memoires pour
+  servir a l'histoire de France_, edited by J.F. Michaud and J.J.F.
+  Poujoulat, series i. vol. vi. (1836 seq.); _Memoires de Conde servant
+  d'eclaircissement ... a l'histoire de M. de Thou_, vols. i and ii.
+  (1743); Pierre de la Place, _Commentaires de l'estat de la religion et
+  de la republique sous les rois Henri II, Francois II, Charles IX_
+  (1565); and Louis Regnier de la Planche, _Histoire de l'estat de
+  France ... sous ... Francois II (Pantheon litteraire_, new edition,
+  1884). See also Ernest Lavisse, _Histoire de France_ (vol. vi. by J.H.
+  Mariejol, 1904), which contains a bibliography.
+
+
+
+
+FRANCIS I. (1777-1830), king of the Two Sicilies, was the son of
+Ferdinand IV. (I.) and Maria Carolina of Austria. He married Clementina,
+daughter of the emperor Leopold II. of Austria, in 1796, and at her
+death Isabella, daughter of Charles IV. of Spain. After the Bourbon
+family fled from Naples to Sicily in 1806, and Lord William Bentinck,
+the British resident, had established a constitution and deprived
+Ferdinand IV. of all power, Francis was appointed regent (1812). On the
+fall of Napoleon his father returned to Naples and suppressed the
+Sicilian constitution and autonomy, incorporating his two kingdoms into
+that of the Two Sicilies (1816); Francis then assumed the revived title
+of duke of Calabria. While still heir-apparent he professed liberal
+ideas, and on the outbreak of the revolution of 1820 he accepted the
+regency apparently in a friendly spirit towards the new constitution.
+But he was playing a double game and proved to be the accomplice of his
+father's treachery. On succeeding to the throne in 1825 he cast aside
+the mask of liberalism and showed himself as reactionary as his father.
+He took little part in the government, which he left in the hands of
+favourites and police officials, and lived with his mistresses,
+surrounded by soldiers, ever in dread of assassination. During his reign
+the only revolutionary movement was the outbreak on the Cilento (1828),
+savagely repressed by the marquis Delcarretto, an ex-Liberal turned
+reactionary.
+
+  See Nisco, _Il Reame di Napoli sotto Francesco I_ (Naples, 1893).
+
+
+
+
+FRANCIS II. (1836-1894), king of the Two Sicilies, son of Ferdinand II.
+and Maria Cristina of Savoy, was the last of the Bourbon kings of
+Naples. His education had been much neglected and he proved a man of
+weak character, greatly influenced by his stepmother Maria Theresa of
+Austria, by the priests, and by the _Camarilla_, or reactionary court
+set. He ascended the throne on the death of his father (22nd of May
+1859). As prime minister he at once appointed Carlo Filangieri, who,
+realizing the importance of the Franco-Piedmontese victories in
+Lombardy, advised Francis to accept the alliance with Piedmont proposed
+by Cavour. On the 7th of June a part of the Swiss Guard mutinied, and
+while the king mollified them by promising to redress their grievances,
+General Nunziante collected other troops, who surrounded the mutineers
+and shot them down. The incident resulted in the disbanding of the whole
+Swiss Guard, the strongest bulwark of the dynasty. Cavour again proposed
+an alliance to divide the papal states between Piedmont and Naples, the
+province of Rome excepted, but Francis rejected an idea which to him
+savoured of sacrilege. Filangieri strongly advocated a constitution as
+the only measure which might save the dynasty, and on the king's refusal
+he resigned. Meanwhile the revolutionary parties were conspiring for the
+overthrow of the Bourbons in Calabria and Sicily, and Garibaldi was
+preparing for a raid in the south. A conspiracy in Sicily was discovered
+and the plotters punished with brutal severity, but Rosalino Pilo and
+Francesco Crispi had organized the movement, and when Garibaldi landed
+at Marsala (May 1860) he conquered the island with astonishing ease.
+These events at last frightened Francis into granting a constitution,
+but its promulgation was followed by disorders in Naples and the
+resignation of ministers, and Liborio Romano became head of the
+government. The disintegration of the army and navy proceeded apace, and
+Cavour sent a Piedmontese squadron carrying troops on board to watch
+events. Garibaldi, who had crossed the straits of Messina, was advancing
+northwards and was everywhere received by the people as a liberator.
+Francis, after long hesitations and even an appeal to Garibaldi himself,
+left Naples (6th of September) with his wife Maria Sophia, the court,
+the diplomatic corps (the French and English ministers excepted), and
+went by sea to Gaeta, where a large part of the army was concentrated.
+The next day Garibaldi entered Naples, was enthusiastically welcomed,
+and formed a provisional government. King Victor Emmanuel had decided on
+the invasion of the papal states, and after occupying Romagna and the
+Marche entered the Neapolitan kingdom. Garibaldi's troops defeated the
+Neapolitan royalists on the Volturno (1st and 2nd of October), while the
+Piedmontese captured Capua. Only Gaeta, Messina, and Civitella del
+Tronto still held out, and the siege of the former by the Piedmontese
+began on the 6th of November 1860. Both Francis and Maria Sophia behaved
+with great coolness and courage, and even when the French fleet, whose
+presence had hitherto prevented an attack by sea, was withdrawn, they
+still resisted; it was not until the 12th of February 1861 that the
+fortress capitulated. Thus the kingdom of Naples was incorporated in
+that of Italy, and the royal pair from that time forth led a wandering
+life in Austria, France and Bavaria. Francis died on the 27th of
+December 1894 at Arco in Tirol. His widow survived him.
+
+Francis II. was weak-minded, stupid and vacillating, but, although his
+short reign was stained with some cruel massacres and persecutions, he
+was less of a tyrant than his father. The courage and dignity he
+displayed during his reverses inspired pity and respect. But the fact
+that he protected brigandage in his former dominions and countenanced
+the most abominable crimes in the name of legitimism greatly diminished
+the sympathy which was felt for the fallen monarch.
+
+  BIBLIOGRAPHY.--R. de Cesare, _La Fine d'un regno_, vol. ii. (Citta di
+  Castello, 1900) gives a detailed account of the reign of Francis II.,
+  while H.R. Whitehouse's _Collapse of the Kingdom of Naples_ (New York,
+  1899) may be recommended to English readers; Nisco's _Francesco II_
+  (Naples, 1887) should also be consulted. See under NAPLES; GARIBALDI;
+  BIXIO; CAVOUR; ITALY; FILANGIERI; &c.     (L. V.*)
+
+
+
+
+FRANCIS IV. (1779-1846) duke of Modena, was the son of the archduke
+Ferdinand, Austrian governor of Lombardy, who acquired the duchy of
+Modena through his wife Marie Beatrice, heiress of the house of Este as
+well as of many fiefs of the Malaspina, Pio da Carpi, Pico della
+Mirandola, Cibo, and other families. At the time of the French invasion
+(1796) Francis was sent to Vienna to be educated, and in 1809 was
+appointed governor of Galicia. Later he went to Sardinia, where the
+exiled King Victor Emmanuel I. and his wife Maria Theresa were living in
+retirement. The latter arranged a marriage between her daughter Marie
+Beatrice and Francis, and a secret family compact was made whereby if
+the king and his two brothers died without male issue, the Salic law
+would be changed so that Francis should succeed to the kingdom instead
+of Charles Albert of Carignano (N. Bianchi, _Storia della diplomazia
+europea in Italia_, i. 42-43). On the fall of Napoleon in 1814 Francis
+received the duchy of Modena, including Massa-Carrara and Lunigiana; his
+mother's advice was "to be above the law ... never to forgive the
+Republicans of 1796, nor to listen to the complaints of his subjects,
+whom nothing satisfies; the poorer they are the quieter they are"
+(Silingardi, "Ciro Menotti," in _Rivista europea_, Florence, 1880).
+
+The duke was well received at Modena; inordinately ambitious,
+strong-willed, immensely rich, avaricious but not unintelligent, he soon
+proved one of the most reactionary despots in Italy. He still hoped to
+acquire either Piedmont or some other part of northern Italy, and he was
+in touch with the Sanfedisti and the Concistoro, reactionary Catholic
+associations opposed to the Carbonari, but not always friendly to
+Austria. Against the Carbonari and other Liberals he issued the severest
+edicts, and although there was no revolt at Modena in 1821 as in
+Piedmont and Naples, he immediately instituted judicial proceedings
+against the supposed conspirators. Some 350 persons were arrested and
+tortured, 56 being condemned to death (only a few of them were executed)
+and 237 to imprisonment; a large number, however, escaped, including
+Antonio Panizzi (afterwards director of the British Museum). The
+ferocious police official Besini who conducted the trials was afterwards
+murdered. The duke actually proposed to Prince Metternich, the Austrian
+chancellor, an agreement whereby the various Italian rulers were to
+arrest every Liberal in the country on a certain day, but the project
+fell through owing to opposition from the courts of Florence and Rome.
+At the congress of Verona Metternich made another attempt to secure the
+Piedmontese succession for Francis, but without success. The duke became
+ever more despotic; Modena swarmed with spies and informers, education
+was hampered, feudalism strengthened; for the duke hoped to consolidate
+his power by means of the nobility, and the least expression of
+liberalism, or even failure to denounce a Carbonaro, involved arrest and
+imprisonment. But strange to say, in 1830 we find Francis actually
+coquetting with revolution. Having lost all hope of acquiring the
+Piedmontese throne, he entered into negotiations with the French
+Orleanist party with a view to obtaining its support in his plans for
+extending his dominions. He was thus brought into touch with Ciro
+Menotti (1798-1831) and the Modenese Liberals; what the nature of the
+connexion was is still obscure, but it was certainly short-lived and
+merely served to betray the Carbonari. As soon as Francis learned that a
+conspiracy was on foot to gain possession of the town, he had Menotti
+and several other conspirators arrested on the night of the 3rd of
+February 1831, and sent the famous message to the governor of Reggio:
+"The conspirators are in my hands; send me the hangman" (there is some
+doubt as to the authenticity of the actual words). But the revolt broke
+out in other parts of the duchy and in Romagna, and Francis retired to
+Mantua with Menotti. A provisional government was formed at Modena which
+proclaimed that "Italy is one," but the duke returned a few weeks later
+with Austrian troops, and resistance was easily quelled. Then the
+political trials began; Menotti and two others were executed, and
+hundreds condemned to imprisonment. The population was now officially
+divided into four classes, viz. "very loyal, loyal, less loyal, and
+disloyal," and the reaction became worse than ever, the duke interfering
+in the minutest details of administration, such as hospitals, schools,
+and roads. New methods of procedure were introduced to deal with
+political trials, but the ministerial cabal by which the country was
+administered intrigued and squabbled to such an extent that it had to be
+dismissed.
+
+On the 20th of February 1846 Francis died. Although he had many domestic
+virtues and charming manners, was charitable in times of famine, and was
+certainly the ablest of the Italian despots, Liberalism was in his eyes
+the most heinous of crimes, and his reign is one long record of
+barbarous persecution.     (L. V.*)
+
+
+
+
+FRANCIS V. (1819-1875), duke of Modena, son of Francis IV., succeeded
+his father in 1846. Although less cruel and also less intelligent than
+his father, he had an equally high opinion of his own authority. His
+reign began with disturbances at Fivizzano and Pontremoli, which Tuscany
+surrendered to him according to treaty but against the wishes of the
+inhabitants (1847), and at Massa and Carrara, where the troops shot down
+the people. Feeling his position insecure, the duke asked for and
+obtained an Austrian garrison, but on the outbreak of revolution
+throughout Italy and at Vienna in 1848, further disorders occurred in
+the duchy, and on the 20th of March he fled with his family to Mantua. A
+provisional government was formed, and volunteers were raised who fought
+with the Piedmontese against Austria. But after the Piedmontese defeat
+Francis returned to Modena, with Austrian assistance, in August and
+conferred many appointments on Austrian officers. Like his father, he
+interfered in the minutest details of administration, and instituted
+proceedings against all who were suspected of Liberalism. Not content
+with the severity of his judges, he overrode their sentences in favour
+of harsher punishments. The disturbances at Carrara were ruthlessly
+suppressed, and the prisons filled with politicals. In 1859 numbers of
+young Modenese fled across the frontier to join the Piedmontese army, as
+war with Austria seemed imminent; and after the Austrian defeat at
+Magenta the duke left Modena to lead his army in person against the
+Piedmontese, taking with him the contents of the state treasury and many
+valuable books, pictures, coins, tapestries and furniture from the
+palace. The events of 1859-1860 made his return impossible; and after a
+short spell of provisional government the duchy was united to Italy. He
+retired to Austria, and died at Munich in November 1875.
+
+  BIBLIOGRAPHY.--N. Bianchi, _I Ducati Estensi_ (Turin, 1852); Galvani,
+  _Memorie di S.A.R. Francesco IV_ (Modena, 1847); _Documenti
+  riguardanti il governo degli Austro-Estensi in Modena_ (Modena, 1860);
+  C. Tivaroni, _L'Italia durante il dominio austriaco_, i. 606-653
+  (Turin, 1892), and _L'Italia degli Italiani_, i. 114-125 (Turin,
+  1895); Silingardi, "Ciro Menotti," in the _Rivista europea_ (Florence,
+  1880); F.A. Gualterio, _Gli ultimi rivolgimenti italiani_ (Florence,
+  1850); Bayard de Volo, _Vita di Francesco V_ (4 vols., Modena,
+  1878-1885).     (L. V.*)
+
+
+
+
+FRANCIS OF ASSISI, ST. (1181 or 1182-1226), founder of the Franciscans
+(q.v.), was born in 1181 or 1182 at Assisi, one of the independent
+municipal towns of Umbria. He came from the upper middle class, his
+father, named Pietro Bernardone, being one of the larger merchants of
+the city. Bernardone's commercial enterprises made him travel abroad,
+and it was from the fact that the father was in France at the time of
+his son's birth that the latter was called Francesco. His education
+appears to have been of the slightest, even for those days. It is
+difficult to decide whether words of the early biographers imply that
+his youth was not free from irregularities; in any case, he was the
+recognized leader of the young men of the town in their revels; he was,
+however, always conspicuous for his charity to the poor. When he was
+twenty (1201) the neighbouring and rival city of Perugia attempted to
+restore by force of arms the nobles who had been expelled from Assisi by
+the burghers and the populace, and Francis took part in the battle
+fought in the plain that lies between the two cities; the men of Assisi
+were defeated and Francis was among the prisoners. He spent a year in
+prison at Perugia, and when peace was made at the end of 1202 he
+returned to Assisi and recommenced his old life.
+
+Soon a serious and prolonged illness fell upon him, during which he
+entered into himself and became dissatisfied with his way of life. On
+his recovery he set out on a military expedition, but at the end of the
+first day's march he fell ill, and had to stay at Spoleto and return to
+Assisi. This disappointment brought on again the spiritual crisis he had
+experienced in his illness, and for a considerable time the conflict
+went on within him. One day he gave a banquet to his friends, and after
+it they sallied forth with torches, singing through the streets, Francis
+being crowned with garlands as the king of the revellers; after a time
+they missed him, and on retracing their steps they found him in a trance
+or reverie, a permanently altered man. He devoted himself to solitude,
+prayer and the service of the poor, and before long went on a pilgrimage
+to Rome. Finding the usual crowd of beggars before St Peter's, he
+exchanged his clothes with one of them, and experienced an overpowering
+joy in spending the day begging among the rest. The determining episode
+of his life followed soon after his return to Assisi; as he was riding
+he met a leper who begged an alms; Francis had always had a special
+horror of lepers, and turning his face he rode on; but immediately an
+heroic act of self-conquest was wrought in him; returning he alighted,
+gave the leper all the money he had about him, and kissed his hand. From
+that day he gave himself up to the service of the lepers and the
+hospitals. To the confusion of his father and brothers he went about
+dressed in rags, so that his old companions pelted him with mud. Things
+soon came to a climax with his father: in consequence of his profuse
+alms to the poor and to the restoration of the ruined church of St
+Damian, his father feared his property would be dissipated, so he took
+Francis before the bishop of Assisi to have him legally disinherited;
+but without waiting for the documents to be drawn up, Francis cast off
+his clothes and gave them back to his father, declaring that now he had
+better reason to say "Our Father which art in heaven," and having
+received a cloak from the bishop, he went off into the woods of Mount
+Subasio singing a French song; some brigands accosted him and he told
+them he was the herald of the great king (1206).
+
+The next three years he spent in the neighbourhood of Assisi in abject
+poverty and want, ministering to the lepers and the outcasts of society.
+It was now that he began to frequent the ruined little chapel of St Mary
+of the Angels, known as the Portiuncula, where much of his time was
+passed in prayer. One day while Mass was being said therein, the words
+of the Gospel came to Francis as a call: "Everywhere on your road preach
+and say--The kingdom of God is at hand. Cure the sick, raise the dead,
+cleanse the lepers, drive out devils. Freely have you received, freely
+give. Carry neither gold nor silver nor money in your girdles, nor bag,
+nor two coats, nor sandals, nor staff, for the workman is worthy of his
+hire" (Matt. x. 7-10). He at once felt that this was his vocation, and
+the next day, layman as he was, he went up to Assisi and began to preach
+to the poor (1209). Disciples joined him, and when they were twelve in
+number Francis said: "Let us go to our Mother, the holy Roman Church,
+and tell the pope what the Lord has begun to do through us, and carry it
+out with his sanction." They obtained the sanction of Innocent III., and
+returning to Assisi they gave themselves up to their life of apostolic
+preaching and work among the poor.
+
+The character and development of the order are traced in the article
+FRANCISCANS; here the story of Francis's own life and the portrayal of
+his personality will be attempted. To delineate in a few words the
+character of the Poverello of Assisi is indeed a difficult task. There
+is such a many-sided richness, such a tenderness, such a poetry, such an
+originality, such a distinction revealed by the innumerable anecdotes in
+the memoirs of his disciples, that his personality is brought home to us
+as one of the most lovable and one of the strongest of men. It is
+probably true to say that no one has ever set himself so seriously to
+imitate the life of Christ and to carry out so literally Christ's work
+in Christ's own way. This was the secret of his love of poverty as
+manifested in the following beautiful prayer which he addressed to our
+Lord: "Poverty was in the crib and like a faithful squire she kept
+herself armed in the great combat Thou didst wage for our redemption.
+During Thy passion she alone did not forsake Thee. Mary Thy Mother
+stopped at the foot of the Cross, but poverty mounted it with Thee and
+clasped Thee in her embrace unto the end; and when Thou wast dying of
+thirst, as a watchful spouse she prepared for Thee the gall. Thou didst
+expire in the ardour of her embraces, nor did she leave Thee when dead,
+O Lord Jesus, for she allowed not Thy body to rest elsewhere than in a
+borrowed grave. O poorest Jesus, the grace I beg of Thee is to bestow on
+me the treasure of the highest poverty. Grant that the distinctive mark
+of our Order may be never to possess anything as its own under the sun
+for the glory of Thy name, and to have no other patrimony than begging"
+(in the _Legenda 3 Soc._). This enthusiastic love of poverty is
+certainly the keynote of St Francis's spirit; and so one of his
+disciples in an allegorical poem (translated into English as _The Lady
+of Poverty_ by Montgomery Carmichael, 1901), and Giotto in one of the
+frescoes at Assisi, celebrated the "holy nuptials of Francis with Lady
+Poverty."
+
+Another striking feature of Francis's character was his constant
+joyousness; it was a precept in his rule, and one that he enforced
+strictly, that his friars should be always rejoicing in the Lord. He
+retained through life his early love of song, and during his last
+illness he passed much of his time in singing. His love of nature,
+animate and inanimate, was very keen and manifested itself in ways that
+appear somewhat naive. His preaching to the birds is a favourite
+representation of St Francis in art. All creatures he called his
+"brothers" or "sisters"--the chief example is the poem of the "Praises
+of the Creatures," wherein "brother Sun," "sister Moon," "brother Wind,"
+and "sister Water" are called on to praise God. In his last illness he
+was cauterized, and on seeing the burning iron he addressed "brother
+Fire," reminding him how he had always loved him and asking him to deal
+kindly with him. It would be an anachronism to think of Francis as a
+philanthropist or a "social worker" or a revivalist preacher, though he
+fulfilled the best functions of all these. Before everything he was an
+ascetic and a mystic--an ascetic who, though gentle to others, wore out
+his body by self-denial, so much so that when he came to die he begged
+pardon of "brother Ass the body" for having unduly ill treated it: a
+mystic irradiated with the love of God, endowed in an extraordinary
+degree with the spirit of prayer, and pouring forth his heart by the
+hour in the tenderest affections to God and our Lord. St Francis was a
+deacon but not a priest.
+
+From the return of Francis and his eleven companions from Rome to Assisi
+in 1209 or 1210, their work prospered in a wonderful manner. The effect
+of their preaching, and their example and their work among the poor,
+made itself felt throughout Umbria and brought about a great religious
+revival. Great numbers came to join the new order which responded so
+admirably to the needs of the time. In 1212 Francis invested St Clara
+(q.v.) with the Franciscan habit, and so instituted the "Second Order,"
+that of the nuns. As the friars became more and more numerous their
+missionary labours extended wider and wider, spreading first over Italy,
+and then to other countries. Francis himself set out, probably in 1212,
+for the Holy Land to preach the Gospel to the Saracens, but he was
+shipwrecked and had to return. A year or two later he went into Spain to
+preach to the Moors, but had again to return without accomplishing his
+object (1215 probably). After another period of preaching in Italy and
+watching over the development of the order, Francis once again set out
+for the East (1219). This time he was successful; he made his way to
+Egypt, where the crusaders were besieging Damietta, got himself taken
+prisoner and was led before the sultan, to whom he openly preached the
+Gospel. The sultan sent him back to the Christian camp, and he passed on
+to the Holy Land. Here he remained until September 1220. During his
+absence were manifested the beginnings of the troubles in the order that
+were to attain to such magnitude after his death. The circumstances
+under which, at an extraordinary general chapter convoked by him shortly
+after his return, he resigned the office of minister-general (September
+1220) are explained in the article FRANCISCANS: here, as illustrating
+the spirit of the man, it is in place to cite the words in which his
+abdication was couched: "Lord, I give Thee back this family which Thou
+didst entrust to me. Thou knowest, most sweet Jesus, that I have no more
+the power and the qualities to continue to take care of it. I entrust
+it, therefore, to the ministers. Let them be responsible before Thee at
+the Day of Judgment, if any brother by their negligence, or their bad
+example, or by a too severe punishment, shall go astray." These words
+seem to contain the mere truth: Francis's peculiar religious genius was
+probably not adapted for the government of an enormous society spread
+over the world, as the Friars Minor had now become.
+
+The chief works of the next years were the revision and final redaction
+of the Rule and the formation or organization of the "Third Order" or
+"Brothers and Sisters of Penance," a vast confraternity of lay men and
+women who tried to carry out, without withdrawing from the world, the
+fundamental principles of Franciscan life (see TERTIARIES).
+
+If for no other reason than the prominent place they hold in art, it
+would not be right to pass by the Stigmata without a special mention.
+The story is well known; two years before his death Francis went up
+Mount Alverno in the Apennines with some of his disciples, and after
+forty days of fasting and prayer and contemplation, on the morning of
+the 14th of September 1224 (to use Sabatier's words), "he had a vision:
+in the warm rays of the rising sun he discerned suddenly a strange
+figure. A seraph with wings extended flew towards him from the horizon
+and inundated him with pleasure unutterable. At the centre of the vision
+appeared a cross, and the seraph was nailed to it. When the vision
+disappeared Francis felt sharp pains mingling with the delights of the
+first moment. Disturbed to the centre of his being he anxiously sought
+the meaning of it all, and then he saw on his body the Stigmata of the
+Crucified." The early authorities represent the Stigmata not as bleeding
+wounds, the holes as it were of the nails, but as fleshy excrescences
+resembling in form and colour the nails, the head on the palm of the
+hand, and on the back as it were a nail hammered down. In the first
+edition of the _Vie_, Sabatier rejected the Stigmata; but he changed his
+mind, and in the later editions he accepts their objective reality as an
+historically established fact; in an appendix he collects the evidence:
+there exists what is according to all probability an autograph of Br.
+Leo, the saint's favourite disciple and companion on Mount Alverno at
+the time, which describes the circumstances of the stigmatization; Elias
+of Cortona (q.v.), the acting superior, wrote on the day after his death
+a circular letter wherein he uses language clearly implying that he had
+himself seen the Stigmata, and there is a considerable amount of
+contemporary authentic second hand evidence. On the strength of this
+body of evidence Sabatier rejects all theories of fraud or
+hallucination, whatever may be the explanation of the phenomena.
+
+Francis was so exhausted by the sojourn on Mount Alverno that he had to
+be carried back to Assisi. The remaining months of his life were passed
+in great bodily weakness and suffering, and he became almost blind.
+However, he worked on with his wonted cheerfulness and joyousness. At
+last, on the 3rd of October 1226, he died in the Portiuncula at the age
+of forty-five. Two years later he was canonized by Gregory IX., whom, as
+Cardinal Hugolino of Ostia, he had chosen to be the protector of his
+order.
+
+The works of St Francis consist of the Rule (in two redactions), the
+Testament, spiritual admonitions, canticles and a few letters. They were
+first edited by Wadding in 1623. Two critical editions were published in
+1904, one by the Franciscans of Quaracchi near Florence, the other (in a
+longer and a shorter form) by Professor H. Boehmer of Bonn. Sabatier and
+Goetz (see below) have investigated the authenticity of the several
+works; and the four lists, while exhibiting slight variations, are in
+substantial accord. Besides the works, properly so called, there is a
+considerable amount of traditional matter--anecdotes, sayings,
+sermons--preserved in the biographies and in the _Fioretti_;[1] a great
+deal of this matter is no doubt substantially authentic, but it is not
+possible to subject it to any critical sifting.
+
+  _Note on Sources._--The sources for the life of St Francis and early
+  Franciscan history are very numerous, and an immense literature has
+  grown up around them. Any attempt to indicate even a selection of this
+  literature would here be impossible and also futile; for the discovery
+  of new documents has by no means ceased, and the criticism of the
+  materials is still in full progress, nor can it be said that final
+  results have yet emerged from the discussion. Students will find the
+  chief materials in the following collections: _Archiv fuer Litteratur
+  und Kirchengeschichte des Mittelalters_ (ed. by Ehrle and Denifle,
+  1885, &c.); publications of the Franciscans of Quaracchi (list to be
+  obtained from Herder, Freiburg im Breisgau); and the two series edited
+  by Paul Sabatier, _Collection d'etudes et de documents sur l'histoire
+  religieuse et litteraire du moyen age_ (5 vols. published up to 1906)
+  and _Opuscules de critique historique_ (12 fascicules): the easiest
+  and most consecutive way of following the controversy is by the aid of
+  the "Bulletin Hagiographique" in _Analecta Bollandiana_. Relatively
+  popular accounts of the most important sources are supplied in the
+  introductory chapters of Sabatier's _Vie de S. Francois_ and _Speculum
+  perfectionis_, and Lempp's _Frere Elie de Cortone_.
+
+  Concerning the life of St Francis and the beginnings of the order, the
+  chief documents that come under discussion are: the two _Lives_ by
+  Thomas of Celano (1228 and 1248 respectively; Eng. trans. with
+  introduction by A.G. Ferrers Howell, 1908), of which the only critical
+  edition is that of Friar Ed. d'Alencon (1906); the so-called _Legenda
+  trium sociorum_; the _Speculum perfectionis_, discovered by Paul
+  Sabatier and edited in 1898 (Eng. trans. by Sebastian Evans, _Mirror
+  of Perfection_, 1899). Sabatier's theory as to the nature of these
+  documents was, in brief, that the _Speculum perfectionis_ was the
+  first of all the Lives of the saint, written in 1227 by Br. Leo, his
+  favourite and most intimate disciple, and that the _Legenda 3 Soc._ is
+  what it claims to be--the handiwork of Leo and the two other most
+  intimate companions of Francis, compiled in 1246; these are the most
+  authentic and the only true accounts, Thomas of Celano's Lives being
+  written precisely in opposition to them, in the interests of the
+  majority of the order that favoured mitigations of the Rule especially
+  in regard to poverty. For ten years the domain of Franciscan origins
+  was explored and discussed by a number of scholars; and then the whole
+  ground was reviewed by Professor W. Goetz of Munich in a study
+  entitled _Die Quellen zur Geschichte des hl. Franz von Assisi_ (1904).
+  His conclusions are substantially the same as those of Pere van
+  Ortroy, the Bollandist, and Friar Lemmens, an Observant Franciscan,
+  and are the direct contrary of Sabatier's: the _Legenda 3 Soc._ is a
+  forgery; the _Speculum perfectionis_ is a compilation made in the 14th
+  century, also in large measure a forgery, but containing an element
+  (not to be precisely determined) derived from Br. Leo; on the other
+  hand, Thomas of Celano's two Lives are free from the "tendencies"
+  ascribed to them by Sabatier, and that of 1248 was written with the
+  collaboration of Leo and the other companions; thus the best sources
+  of information are those portions of the _Speculum_ that can with
+  certainty be carried back to Br. Leo, and the Lives by Thomas of
+  Celano, especially the second _Life_. Goetz's criticism of the
+  documents is characterized by exceeding carefulness and sobriety. Of
+  course he does not suppose that his conclusions are in all respects
+  final; but his investigations show that the time has not yet come when
+  a biography of St Francis could be produced answering to the demands
+  of modern historical criticism. The official life of St Francis is St
+  Bonaventura's _Legenda_, published in a convenient form by the
+  Franciscans of Quaracchi (1898); Goetz's estimate of it (op. cit.) is
+  much more favourable than Sabatier's.
+
+  Paul Sabatier's fascinating and in many ways sympathetic _Vie de S.
+  Francois_ (1894; 33rd ed., 1906; Eng. trans, by L.S. Houghton, 1901)
+  will probably for a long time to come be accepted by the ordinary
+  reader as a substantially correct portrait of St Francis; and yet
+  Goetz declares that the most competent and independent critics have
+  without any exception pronounced that Sabatier has depicted St Francis
+  a great deal too much from the standpoint of modern religiosity, and
+  has exaggerated his attitude in face of the church (op. cit. p. 5). In
+  articles in the _Hist. Vierteljahrsschrift_ (1902, 1903) Goetz has
+  shown that Sabatier's presentation of St Francis's relations with the
+  ecclesiastical authority in general, and with Cardinal Hugolino
+  (Gregory IX.) in particular, is largely based on misconception; that
+  the development of the order was not forced on Francis against his
+  will; and that the differences in the order did not during Francis's
+  lifetime attain to such a magnitude as to cause him during his last
+  years the suffering depicted by Sabatier. This from a Protestant
+  historian like Goetz is most valuable criticism. In truth Sabatier's
+  St Francis is an anachronism--a man at heart, a modern pietistic
+  French Protestant of the most liberal type, with a veneer of 13th
+  century Catholicism.
+
+  Of lives of St Francis in English may be mentioned those by Mrs
+  Oliphant (2nd ed., 1871) and by Canon Knox Little (1897). For general
+  information and references to the literature of the subject, see Otto
+  Zoeckler, _Askese und Moenchtum_ (1897), ii. 470-493, and his article in
+  Herzog's _Realencyklopaedie_ (ed. 3), "Franz von Assisi" (1899); also
+  Max Heimbucher, _Orden und Kongregationen_ (1896), i. Sec. 38. The
+  chapter on St Francis in Emile Gebhart's _Italie mystique_ (ed. 3,
+  1899) is very remarkable; indeed, though this writer is as little
+  ecclesiastically-minded as Sabatier himself, his general picture of
+  the state of religion in Italy at the time is far truer; here also
+  Sabatier has given way to the usual temptation of biographers to exalt
+  their hero by depreciating everybody else.     (E. C. B.)
+
+
+FOOTNOTE:
+
+  [1] _The Little Flowers of St Francis._
+
+
+
+
+FRANCIS OF MAYRONE [FRANCISCUS DE MAYRONIS] (d. 1325), scholastic
+philosopher, was born at Mayrone in Provence. He entered the Franciscan
+order and subsequently went to Paris, where he was a pupil of Duns
+Scotus. At the Sorbonne he acquired a great reputation for ability in
+discussion, and was known as the _Doctor Illuminatus_ and _Magister
+Acutus_. He became a professor of philosophy, and took part in the
+discussions on the nature of Universals. Following Duns Scotus, he
+adopted the Platonic theory of ideas, and denied that Aristotle had made
+any contribution to metaphysical speculation. It is a curious commentary
+on the theories of Duns Scotus that one pupil, Francis, should have
+taken this course, while another pupil, Occam, should have used his
+arguments in a diametrically opposite direction and ended in extreme
+Nominalism.
+
+  His works were collected and published at Venice in 1520 under the
+  title _Praeclarissima ac multum subtilia scripta Illuminati Doctoris
+  Francisci de Mayronis, &c._
+
+
+
+
+FRANCIS OF PAOLA (or PAULA), ST, founder of the Minims, a religious
+order in the Catholic Church, was born of humble parentage at Paola in
+Calabria in 1416, or according to the Bollandists 1438. As a boy he
+entered a Franciscan friary, but left it and went to live as a hermit in
+a cave on the seashore near Paola. Soon disciples joined him, and with
+the bishop's approval he built a church and monastery. At first they
+called themselves "Hermits of St Francis"; but the object they proposed
+to themselves was to go beyond even the strict Franciscans in fasts and
+bodily austerities of all kinds, in poverty and in humility; and
+therefore, as the Franciscans were the Minors (_minores_, less), the new
+order took the name of Minims (_minimi_, least). By 1474 a number of
+houses had been established in southern Italy and Sicily, and the order
+was recognized and approved by the pope. In 1482 Louis XI. of France,
+being on his deathbed and hearing the reports of the holiness of
+Francis, sent to ask him to come and attend him, and at the pope's
+command he travelled to Paris. On this occasion Philip de Comines in his
+_Memoirs_ says: "I never saw any man living so holily, nor out of whose
+mouth the Holy Ghost did more manifestly speak." He remained with Louis
+till his death, and Louis' successor, Charles VIII., held him in such
+high esteem that he kept him in Paris, and enabled him to found various
+houses of his order in France; in Spain and Germany, too, houses were
+founded during Francis's lifetime. He never left France, and died in
+1507 in the monastery of his order at Plessis-les-Tours.
+
+The Rule was so strict that the popes long hesitated to confirm it in
+its entirety; not until 1506 was it finally sanctioned. The most special
+feature is an additional vow to keep a perpetual Lent of the strictest
+kind, not only flesh meat but fish and all animal products--eggs, milk,
+butter, cheese, dripping--being forbidden, so that the diet was confined
+to bread, vegetables, fruit and oil, and water was the only drink. Thus
+in matter of diet the Minims surpassed in austerity all orders in the
+West, and probably all permanently organized orders in the East. The
+strongly ascetical spirit of the Minims manifested itself in the title
+borne by the superiors of the houses--not abbot (father), or prior, or
+guardian, or minister, or rector, but corrector; and the general
+superior is the corrector general. Notwithstanding its extreme severity
+the order prospered. At the death of the founder it had five
+provinces--Italy, France, Tours, Germany, Spain. Later there were as
+many as 450 monasteries, and some missions in India. There never was a
+Minim house in England or Ireland. It ranks as one of the Mendicant
+orders. In 1909 there were some twenty monasteries, mostly in Sicily,
+but one in Rome (S. Andrea delle Fratte), and one in Naples, in
+Marseilles and in Cracow. There have been Minim nuns (only one convent
+has survived, till recently at Marseilles) and Minim Tertiaries, in
+imitation of the Franciscan Tertiaries. The habit of the Minims is
+black.
+
+  See Helyot, _Hist. des ordres religieux_ (1714), vii. c. 56; Max
+  Heimbucher, _Orden und Kongregationen_ (1896), i. Sec. 52; the article
+  "Franz von Paula" in Wetzer und Welte, _Kirchenlexicon_ (ed. 2), and
+  in Herzog, _Realencyklopaedie_ (ed. 3); Catholic _Dictionary_, art.
+  "Minims."     (E. C. B.)
+
+
+
+
+FRANCIS (FRANCOIS) OF SALES, ST (1567-1622), bishop of Geneva and doctor
+of the Church (1877), was born at the castle of Sales, near Annecy,
+Savoy. His father, also Francois, comte de Sales, but better known as M.
+de Boisy, a nobleman and soldier, had been employed in various affairs
+of state, but in 1560, at the age of thirty-eight, settled down on his
+ancestral estates and married Francoise de Sionnay, a Savoyard like
+himself, and an heiress. St Francis, the first child of this union, was
+born in August 1567 when his mother was in her fifteenth year. M. de
+Boisy was renowned for his experience and sound judgment, and both
+parents were distinguished by piety, love of peace, charity to the poor,
+qualities which early showed themselves in their eldest son.
+
+He received his education first at La Roche, in the Arve valley, then at
+the college of Annecy, founded by Eustace Chappius, ambassador in England
+of Charles V., in 1549. At the age of thirteen or fourteen he went to the
+Jesuit College of Clermont at Paris, where he stayed till the summer of
+1588, and where he laid the foundations of his profound knowledge, while
+perfecting himself in the exercises of a young nobleman and practising a
+life of exemplary virtue. At this time also he developed an ardent love
+of France, a country which was politically in antagonism with his own,
+though so closely linked to it geographically, socially and by language.
+At the end of 1588 he went to Padua, to take his degree in canon and
+civil law, a necessary prelude in Savoy at that time to distinction in a
+civil career. His heart, however, especially from the date of his
+receiving the tonsure (1578), was already turned towards the Church, and
+he gave his attention even more to theology, under the great masters
+Antonio Possevino, S.J., and Gesualdo, afterwards general of the Friars
+Minor, than to his legal course. "At Padua," he said to a friend, "I
+studied law to please my father, and theology to please myself." In that
+licentious university Francis found the greatest difficulty in resisting
+attacks on his virtue, and once at least had to draw his sword to defend
+his personal safety against a band of ruffians. The gentleness for which
+he was already renowned was not that of a weak, but of a strong
+character. He returned to Savoy in 1592, and, while seeking the occasion
+to overcome his father's resistance to his resolution of embracing the
+ecclesiastical profession, took the diploma of advocate to the senate.
+Meantime, without his knowledge, his friends procured for him the post of
+provost of the chapter of Geneva, an honour which reconciled M. de Boisy
+to the sacrifice of more ambitious hopes. After a year of zealous work as
+preacher and director he was sent by the bishop, Claude de Granier, to
+try and win back the province of Chablais, which had embraced Calvinism
+when usurped by Bern in 1535, and had retained it even after its
+restitution to Savoy in 1564. At first the people refused to listen to
+him, for he was represented to them as an instrument of Satan, and all
+who had dealings with him were threatened with the vengeance of the
+consistory. He therefore wrote out his message on sheets which were
+passed from hand to hand, and these, with the spectacle of his virtues
+and disinterestedness, soon produced a strong effect. The sheets just
+spoken of still exist in the Chigi library at Rome, and were published,
+though with many alterations, in 1672, under the title of _Les
+Controverses_. This must be considered the first work of St Francis.
+
+The re-erection of a wayside cross in Annemasse, at the gates of Geneva,
+amid an enormous concourse of converts, an event which closed the three
+years of his apostolate, led to the composition of the _Defense ... de
+la Croix_, published in 1600. An illness brought on by toil and
+privation forced him to leave his work to others for nearly a year, but
+in August 1598 he returned to his field of labour, and in October of
+that year practically the whole country was Catholic again. Up to that
+time preaching and conference had been the only weapons employed. The
+stories of the use of soldiers to produce simulated conversions are
+incorrect.[1] Possibly the lamentable events of the campaigns of 1589 in
+Gex and Chablais have been applied to the period 1594-1598. In October
+of this last year, however, the duke of Savoy, who came then to assist
+in person at the great religious feasts which celebrated the return of
+the country to unity of faith, expatriated such of the leading men as
+obstinately refused even to listen to the Catholic arguments. He also
+forbade Calvinist ministers to reside in the Chablais, and substituted
+Catholic for Huguenot officials. St Francis concurred in these measures,
+and, three years later, even requested that those who, as he said,
+"follow their heresy, rather as a party than a religion," should be
+ordered either to conform or to leave their country, with leave to sell
+their goods. His conduct, judged not by a modern standard, but by the
+ideas of his age, will be found compatible with the highest Christian
+charity, as that of the duke with sound political prudence. At this time
+he was nominated to the pope as coadjutor of Geneva,[2] and after a
+visit to Rome he assisted Bishop de Granier in the administration of the
+newly converted countries and of the diocese at large.
+
+In 1602 he made his second visit to the French capital, when his
+transcendent qualities brought him into the closest relations with the
+court of Henry IV., and made him the spiritual father of that circle of
+select souls who centred round Madame Acarie. Among the celebrated
+personages who became his life friends from this time were Pierre de
+Berulle, founder of the French Oratorians, Guillaume Duval, the scholar,
+and the duc de Bellegarde, the latter a special favourite of the king,
+who begged to be allowed to share the Saint's friendship. At this time
+also his gift as a preacher became fully recognized, and de Sanzea,
+afterwards bishop of Bethlehem, records that Duval exhorted all his
+students of the Sorbonne to listen to him and to imitate this, "the true
+and excellent method of preaching." His principles are expressed in the
+admirable letter to Andre Fremyot of October 1604.
+
+De Granier died in September 1602, and the new bishop entered on the
+administration of his vast diocese, which, as a contemporary says, "he
+found brick and left marble." His first efforts were directed to
+securing a virtuous and well-instructed clergy, with its consequence of
+a people worthy of their pastors. All his time was spent in preaching,
+confessing, visiting the sick, relieving the poor. His zeal was not
+confined to his diocese. In concert with Jeanne Francoise Fremyot
+(1572-1641), widow of the baron de Chantal, whose acquaintance he made
+while preaching through Lent at Dijon in 1604, he founded the order of
+the Visitation, in favour of "strong souls with weak bodies," as he
+said, deterred from entering the orders already existing, by their
+inability to undertake severe corporal austerities. The institution
+rapidly spread, counting twenty houses before his death and eighty
+before that of St Jeanne. The care of his diocese and of his new
+foundation were not enough for his ardent charity, and in 1609 he
+published his famous _Introduction to a Devout Life_, a work which was
+at once translated into the chief European languages and of which he
+himself published five editions. In 1616 appeared his _Treatise on the
+Love of God_, which teaches that perfection of the spiritual life to
+which the former work is meant to be the "Introduction."
+
+The important Lents of 1617 and 1618 at Grenoble were a prelude to a
+still more important apostolate in Paris, "the theatre of the world," as
+St Vincent de Paul calls it. This third visit to the great city lasted
+from the autumn of 1618 to that of 1619; the direct object of it was to
+assist in negotiating the marriage of the prince of Piedmont with
+Chretienne of France, but nearly all his time was spent in preaching and
+works of mercy, spiritual or corporal. He was regarded as a living
+saint. St Vincent scarcely left him, and has given the most
+extraordinary testimonies (as yet unpublished) of his heroic virtues.
+Mere Angelique Arnaud, who at this time put herself under his direction
+and wished to join the Order of the Visitation, attracted by its
+humility and sweetness, may be named as the most interesting of his
+innumerable penitents of this period. He returned to Savoy, and after
+three years more of unwearying labour died at Lyons on the 28th of
+December 1622. A universal outburst of veneration followed; indeed his
+cult had already begun, and after an episcopal inquiry the pontifical
+commission in view of his beatification was instituted by decree of the
+21st of July 1626, a celerity unique in the annals of the Congregation
+of Rites. The depositions of witnesses were returned to Rome in 1632,
+but meantime the forms of the Roman chancery had been changed by Urban
+VIII., and the advocates could not at once continue their work.
+Eventually a new commission was issued in 1656, and on its report, into
+which were inserted nineteen of the former depositions, the "servant of
+God" was beatified in 1661. The canonization took place in 1665.
+
+  Besides the works which we have named, there were published
+  posthumously his _Entretiens_, i.e. a selection of the lectures given
+  to the Visitation, reported by the sisters who heard them, some of his
+  sermons, a large number of his letters, various short treatises of
+  devotion. The first edition of his united or so-called "Complete"
+  works was published at Toulouse in 1637. Others followed in 1641,
+  1647, 1652, 1663, 1669, 1685. The _Lettres_ and _Opuscules_ were
+  republished in 1768.
+
+  The only modern editions of the complete works which it is worth while
+  to name are those of Blaise (1821), Vires (1856-1858), Migne (1861),
+  and the critical edition published by the Visitation of Annecy, of
+  which the 14th volume appeared in 1905.
+
+  The biography of St Francis de Sales was written immediately after his
+  death by the celebrated P. de La Riviere and Dom John de St Francois
+  (Goulu), as well as by two other authors of less importance. The
+  saint's nephew and successor, Charles Auguste de Sales, brought out a
+  more extended life, Latin and French, in 1635. The lives of Giarda
+  (1650), Maupas du Tour (1657) and Cotolendi (1687) add little to
+  Charles Auguste. Marsollier's longer life, in two volumes (1700), is
+  quite untrustworthy; still more so that by Loyau d'Amboise (1833),
+  which is rather a romance than a biography. The lives by Hamon (1856)
+  and Perennes (1860), without adding much to preceding biographies, are
+  serious and edifying. A complete life, founded on the lately
+  discovered process of 1626 and the new letters, was being prepared by
+  the author of the present article at the time of his death. With the
+  Lives must be mentioned the _Esprit du B.F. de Sales_ by Camus, bishop
+  of Belley, who, amid innumerable errors, gives various interesting
+  traits and sayings of his saintly friend. Among the very numerous
+  modern studies may be named an essay by Leigh Hunt entitled "The
+  Gentleman Saint" (_The Seer_, pt. ii. No. 41); a remarkable _causerie_
+  by Sainte-Beuve (_Lundis_, 3rd Jan. 1853); _Le Reveil du sentiment
+  religieux en France au XVII^e siecle_, by Strowski (Paris, 1898);
+  _Four Essays on S. F. de S._ and _Three Essays on S. F. de S. as
+  Preacher_, by Canon H.B. Mackey.     (H. B. M.)
+
+
+FOOTNOTES:
+
+  [1] This, at least, is the account given by Catholic authorities.
+    Less favourable is the view taken by non-Catholic historians, which
+    seems in some measure to be confirmed by St Francis himself.
+    According to this, Duke Charles Emmanuel of Savoy, who succeeded his
+    more tolerant father in 1580, was determined to reduce the Chablais
+    to the Catholic religion, by peaceful means if possible, by force if
+    necessary. After two years of preaching Francis wrote to the duke
+    (_Oeuvres compl._ ii. p. 551): "During 27 months I have scattered the
+    seed of the Word of God in this miserable land; shall I say among
+    thorns or on stony ground? Certainly, save for the conversion of the
+    seigneur d'Avully and the advocate Poncet, I have little to boast
+    of." In the winter of 1596-1597 Francis was at Turin, and at his
+    suggestion the duke decided on a regular plan for the coercion of the
+    refractory Protestants. This plan anticipated that employed later by
+    Louis XIV. against the Huguenots in France. The Calvinist ministers
+    were expelled; Protestant books were confiscated and destroyed; the
+    acts of Protestant lawyers and officials were declared invalid. The
+    country was flooded with Jesuits and friars, whose arguments were
+    reinforced by quartering troops, veterans of the Indian wars in
+    Mexico, on the refractory inhabitants. Those whose stubborn
+    persistence in error survived all these inducements to repent were
+    sent into exile. See the article "Franz von Sales" by J. Ehni in
+    Herzog-Hauck, _Realencyklopaedie_ (3rd ed., Leipzig, 1899).
+         (W. A. P.)
+
+  [2] With the title of Nicopolis _in partibus_.--ED.
+
+
+
+
+FRANCIS, SIR PHILIP (1740-1818), English politician and pamphleteer, the
+supposed author of the _Letters of Junius_, and the chief antagonist of
+Warren Hastings, was born in Dublin on the 22nd of October 1740. He was
+the only son of Dr Philip Francis (c. 1708-1773), a man of some literary
+celebrity in his time, known by his translations of Horace, Aeschines
+and Demosthenes. He received the rudiments of an excellent education at
+a free school in Dublin, and afterwards spent a year or two (1751-1752)
+under his father's roof at Skeyton rectory, Norfolk, and elsewhere, and
+for a short time he had Gibbon as a fellow-pupil. In March 1753 he
+entered St Paul's school, London, where he remained for three years and
+a half, becoming a proficient classical scholar. In 1756, immediately on
+his leaving school, he was appointed to a junior clerkship in the
+secretary of state's office by Henry Fox (afterwards Lord Holland), with
+whose family Dr Francis was at that time on intimate terms; and this
+post he retained under the succeeding administration. In 1758 he was
+employed as secretary to General Bligh in the expedition against
+Cherbourg; and in the same capacity he accompanied the earl of Kinnoul
+on his special embassy to the court of Portugal in 1760.
+
+In 1761 he became personally known to Pitt, who, recognizing his ability
+and discretion, once and again made use of his services as private
+amanuensis. In 1762 he was appointed to a principal clerkship in the war
+office, where he formed an intimate friendship with Christopher D'Oyly,
+the secretary of state's deputy, whose dismissal from office in 1772 was
+hotly resented by "Junius"; and in the same year he married Miss
+Macrabie, the daughter of a retired London merchant. His official duties
+brought him into direct relations with many who were well versed in the
+politics of the time. In 1763 the great constitutional questions arising
+out of the arrest of Wilkes began to be sharply canvassed. It was
+natural that Francis, who from a very early age had been in the habit of
+writing occasionally to the newspapers, should be eager to take an
+active part in the discussion, though his position as a government
+official made it necessary that his intervention should be carefully
+disguised. He is known to have written to the _Public Ledger_ and
+_Public Advertiser_, as an advocate of the popular cause, on many
+occasions about and after the year 1763; he frequently attended debates
+in both Houses of Parliament, especially when American questions were
+being discussed; and between 1769 and 1771 he is also known to have been
+favourable to the scheme for the overthrow of the Grafton government and
+afterwards of that of Lord North, and for persuading or forcing Lord
+Chatham into power. In January 1769 the first of the _Letters of Junius_
+appeared, and the series was continued till January 21, 1772. They had
+been preceded by others under various signatures such as, "Candor,"
+"Father of Candor," "Anti-Sejanus," "Lucius," "Nemesis," which have all
+been attributed, some of them certainly in error, to one and the same
+hand. The authorship of the _Letters of Junius_ has been assigned to
+Francis on a variety of grounds (see JUNIUS).
+
+In March 1772 Francis finally left the war office, and in July of the
+same year he left England for a tour through France, Germany and Italy,
+which lasted until the following December. On his return he was
+contemplating emigration to New England, when in June 1773 Lord North,
+on the recommendation of Lord Barrington, appointed him a member of the
+newly constituted supreme council of Bengal at a salary of L10,000 per
+annum. Along with his colleagues Monson and Clavering he reached
+Calcutta in October 1774, and a long struggle with Warren Hastings, the
+governor-general, immediately began. These three, actuated probably by
+petty personal motives, combined to form a majority of the council in
+harassing opposition to the governor-general's policy; and they even
+accused him of corruption, mainly on the evidence of Nuncomar. The death
+of Monson in 1776, and of Clavering in the following year, made Hastings
+again supreme in the council. But a dispute with Francis, more than
+usually embittered, led in August 1780 to a minute being delivered to
+the council board by Hastings, in which he stated that "he judged of the
+public conduct of Mr Francis by his experience of his private, which he
+had found to be void of truth and honour." A duel was the consequence,
+in which Francis received a dangerous wound (see HASTINGS, WARREN).
+Though his recovery was rapid and complete, he did not choose to prolong
+his stay abroad. He arrived in England in October 1781, and was received
+with little favour.
+
+Little is known of the nature of his occupations during the next two
+years, except that he was untiring in his efforts to procure first the
+recall, and afterwards the impeachment of his hitherto triumphant
+adversary. In 1783 Fox produced his India Bill, which led to the
+overthrow of the coalition government. In 1784 Francis was returned by
+the borough of Yarmouth, Isle of Wight; and although he took an
+opportunity to disclaim every feeling of personal animosity towards
+Hastings, this did not prevent him, on the return of the latter in 1785,
+from doing all in his power to bring forward and support the charges
+which ultimately led to the impeachment resolutions of 1787. Although
+excluded by a majority of the House from the list of the managers of
+that impeachment, Francis was none the less its most energetic promoter,
+supplying his friends Burke and Sheridan with all the materials for
+their eloquent orations and burning invectives. At the general election
+of 1790 he was returned member for Bletchingley. He sympathized warmly
+and actively with the French revolutionary doctrines, expostulating with
+Burke on his vehement denunciation of the same. In 1793 he supported
+Grey's motion for a return to the old constitutional system of
+representation, and so earned the title to be regarded as one of the
+earliest promoters of the cause of parliamentary reform; and he was one
+of the founders of the "Society of the Friends of the People." The
+acquittal of Hastings in April 1795 disappointed Francis of the
+governor-generalship, and in 1798 he had to submit to the additional
+mortification of a defeat in the general election. He was once more
+successful, however, in 1802, when he sat for Appleby, and it seemed as
+if the great ambitions of his life were about to be realized when the
+Whig party came into power in 1806. His disappointment was great when
+the governor-generalship was, owing to party exigencies, conferred on
+Sir Gilbert Elliot (Lord Minto); he declined, it is said, soon
+afterwards the government of the Cape, but accepted a K.C.B. Though
+re-elected for Appleby in 1806, he failed to secure a seat in the
+following year; and the remainder of his life was spent in comparative
+privacy.
+
+Among the later productions of his pen were, besides the _Plan of a
+Reform in the Election of the House of Commons_, pamphlets entitled
+_Proceedings in the House of Commons on the Slave Trade_ (1796),
+_Reflections on the Abundance of Paper in Circulation and the Scarcity
+of Specie_ (1810), _Historical Questions Exhibited_ (1818), and a
+_Letter to Earl Grey on the Policy of Great Britain and the Allies
+towards Norway_ (1814). His first wife, by whom he had six children,
+died in 1806, and in 1814 he married his second wife, Emma Watkins, who
+long survived him, and who left voluminous manuscripts relating to his
+biography. Francis died on the 23rd of December 1818. In his domestic
+relations he was exemplary, and he lived on terms of mutual affection
+with a wide circle of friends. He was, however, full of vindictiveness,
+dissimulation and treachery, and there can be little doubt that in his
+historic conflict with Warren Hastings unworthy personal motives played
+a leading part.
+
+  BIBLIOGRAPHY.--For the evidence identifying Francis with Junius see
+  the article Junius, and the authorities there cited. See also _Memoirs
+  of Sir Philip Francis, with Correspondence and Journals_, by Joseph
+  Parkes and Herman Merivale (2 vols., London, 1867); _The Francis
+  Letters_, edited by Beata Francis and Eliza Keary (2 vols., London,
+  1901); Sir J.F. Stephen, _The Story of Nuncomar and the Impeachment of
+  Sir E. Impey_ (2 vols., London, 1885); Lord Macaulay's _Essay_ on
+  "Warren Hastings"; G.B. Malleson, _Life of Warren Hastings_ (London,
+  1894); G.W. Forrest, _The Administration of Warren Hastings,
+  1772-1785_ (Calcutta, 1892); Sir Leslie Stephen's article on Francis
+  in _Dict. of Nat. Biog._ vol. xx.
+
+
+
+
+FRANCIS JOSEPH I. (1830-   ), emperor of Austria, king of Bohemia, and
+apostolic king of Hungary, was the eldest son of the archduke Francis
+Charles, second son of the reigning emperor Francis I., being born on
+the 18th of August 1830. His mother, the archduchess Sophia, was
+daughter of Maximilian I., king of Bavaria. She was a woman of great
+ability and strong character, and during the years which followed the
+death of the emperor Francis was probably the most influential personage
+at the Austrian court; for the emperor Ferdinand, who succeeded in 1835,
+was physically and mentally incapable of performing the duties of his
+office; as he was childless, Francis Joseph was in the direct line of
+succession. During the disturbances of 1848, Francis Joseph spent some
+time in Italy, where, under Radetzky, at the battle of St Lucia, he had
+his first experience of warfare. At the end of that year, after the
+rising of Vienna and capture of the city by Windischgraetz, it was
+clearly desirable that there should be a more vigorous ruler at the head
+of the empire, and Ferdinand, now that the young archduke was of age,
+was able to carry out the abdication which he and his wife had long
+desired. All the preparations were made with the utmost secrecy; on the
+2nd of December 1848, in the archiepiscopal palace at Olmuetz, whither
+the court had fled from Vienna, the emperor abdicated. His brother
+resigned his rights of succession to his son, and Francis Joseph was
+proclaimed emperor. Ferdinand retired to Prague, where he died in 1875.
+
+The history of the Dual Monarchy during his reign is told under the
+heading of AUSTRIA-HUNGARY, and here it is only necessary to deal with
+its personal aspects. The young emperor was during the first years of
+his reign completely in the hands of Prince Felix Schwarzenberg, to
+whom, with Windischgraetz and Radetzky, he owed it that Austria had
+emerged from the revolution apparently stronger than it had been before.
+The first task was to reduce Hungary to obedience, for the Magyars
+refused to acknowledge the validity of the abdication in so far as it
+concerned Hungary, on the ground that such an act would only be valid
+with the consent of the Hungarian parliament. A further motive for their
+attitude was that Francis Joseph, unlike his predecessor, had not taken
+the oath to observe the Hungarian constitution, which it was the avowed
+object of Schwarzenberg to overthrow. In the war which followed the
+emperor himself took part, but it was not brought to a successful
+conclusion till the help of the Russians had been called in. Hungary,
+deprived of her ancient constitution, became an integral part of the
+Austrian empire. The new reign began, therefore, under sinister omens,
+with the suppression of liberty in Italy, Hungary and Germany. In 1853 a
+Hungarian named Lebenyi attempted to assassinate the emperor, and
+succeeded in inflicting a serious wound with a knife. With the death of
+Schwarzenberg in 1852 the personal government of the emperor really
+began, and with it that long series of experiments of which Austria has
+been the subject. Generally it may be said that throughout his long
+reign Francis Joseph remained the real ruler of his dominions; he not
+only kept in his hands the appointment and dismissal of his ministers,
+but himself directed their policy, and owing to the great knowledge of
+affairs, the unremitting diligence and clearness of apprehension, to
+which all who transacted business with him have borne testimony, he was
+able to keep a very real control even of the details of government.
+
+The recognition of the separate status of Hungary, and the restoration
+of the Magyar constitution in 1866, necessarily made some change in his
+position, and so far as concerns Hungary he fully accepted the doctrine
+that ministers are responsible to parliament. In the other half of the
+monarchy (the so-called Cisleithan) this was not possible, and the
+authority and influence of the emperor were even increased by the
+contrast with the weaknesses and failures of the parliamentary system.
+The most noticeable features in his reign were the repeated and sudden
+changes of policy, which, while they arose from the extreme difficulty
+of finding any system by which the Habsburg monarchy could be governed,
+were due also to the personal idiosyncrasies of the emperor. First we
+have the attempt at the autocratic centralization of the whole monarchy
+under Bach; the personal influence of the emperor is seen in the
+conclusion of the Concordat with Rome, by which in 1855 the work of
+Joseph II. was undone and the power of the papacy for a while restored.
+The foreign policy of this period brought about the complete isolation
+of Austria, and the "ingratitude" towards Russia, as shown during the
+period of the Crimean War, which has become proverbial, caused a
+permanent estrangement between the two great Eastern empires and the
+imperial families. The system led inevitably to bankruptcy and ruin; the
+war of 1859, by bringing it to an end, saved the monarchy. After the
+first defeat Francis Joseph hastened to Italy; he commanded in person at
+Solferino, and by a meeting with Napoleon arranged the terms of the
+peace of Villafranca. The next six years, both in home and foreign
+policy, were marked by great vacillation. In order to meet the universal
+discontent and the financial difficulties constitutional government was
+introduced; a parliament was established in which all races of the
+empire were represented, and in place of centralized despotism was
+established Liberal centralization under Schmerling and the German
+Liberals. But the Magyars refused to send representatives to the central
+parliament; the Slavs, resenting the Germanizing policy of the
+government, withdrew; and the emperor had really withdrawn his
+confidence from Schmerling long before the constitution was suspended in
+1865 as a first step to a reconciliation with Hungary. In the
+complicated German affairs the emperor in vain sought for a minister on
+whose knowledge and advice he could depend. He was guided in turn by the
+inconsistent advice of Schmerling, Rechberg, Mensdorff, not to mention
+more obscure counsellors, and it is not surprising that Austria was
+repeatedly outmatched and outwitted by Prussia. In 1863, at the
+_Fuerstentag_ in Frankfort, the emperor made an attempt by his personal
+influence to solve the German question. He invited all the German
+sovereigns to meet him in conference, and laid before them a plan for
+the reconstruction of the confederation. The momentary effect was
+immense; for some of the halo of the Holy Empire still clung round the
+head of the house of Habsburg, and Francis Joseph was welcomed to the
+ancient free city with enthusiasm. In spite of this, however, and of the
+skill with which he presided over the debates, the conference came to
+nothing owing to the refusal of the king of Prussia to attend.
+
+The German question was settled definitively by the battle of Koeniggraetz
+in 1866; and the emperor Francis Joseph, with characteristic Habsburg
+opportunism, was quick to accommodate himself to the new circumstances.
+Above all, he recognized the necessity for reconciling the Magyars to
+the monarchy; for it was their discontent that had mainly contributed to
+the collapse of the Austrian power. He had already, in 1859, as the
+result of a visit to Budapest, made certain modifications in the Bach
+system by way of concession to Magyar sentiment, and in 1861 he had had
+an interview with Deak, during which, though unconvinced by that
+statesman's arguments, he had at least assured himself of his loyalty.
+He now made Beust, Bismarck's Saxon antagonist, the head of his
+government, as the result of whose negotiations with Deak the
+Austro-Hungarian Compromise of 1867 was agreed upon. A law was passed by
+the Hungarian diet regularizing the abdication of Ferdinand; at the
+beginning of June Francis Joseph signed the inaugural diploma and took
+the oath in Magyar to observe the constitution; on the 8th he was
+solemnly crowned king of Hungary. The traditional coronation gift of
+100,000 florins he assigned to the widows and orphans of those who had
+fallen in the war against Austria in 1849.
+
+Once having accepted the principle of constitutional government, the
+emperor-king adhered to it loyally, in spite of the discouragement
+caused by party struggles embittered by racial antagonisms. If in the
+Cisleithan half of the monarchy parliamentary government broke down,
+this was through no fault of the emperor, who worked hard to find a
+_modus vivendi_ between the factions, and did not shrink from
+introducing manhood suffrage in the attempt to establish a stable
+parliamentary system. This expedient, indeed, probably also conveyed a
+veiled threat to the Magyar chauvinists, who, discontented with the
+restrictions placed upon Hungarian independence under the Compromise,
+were agitating for the complete separation of Austria and Hungary under
+a personal union only; for universal suffrage in Hungary would mean the
+subordination of the Magyar minority to the hitherto subject races. For
+nearly forty years after the acceptance of the Compromise the attitude
+of the emperor-king towards the Magyar constitution had been
+scrupulously correct. The agitation for the completely separate
+organization of the Hungarian army, and for the substitution of Magyar
+for German in words of command in Hungarian regiments, broke down the
+patience of the emperor, tenacious of his prerogative as supreme "war
+lord" of the common army. A Hungarian deputation which came to Vienna in
+September 1905 to urge the Magyar claims was received ungraciously by
+the emperor, who did not offer his hand to the members, addressed them
+in German, and referred them brusquely to the chancellor, Count
+Goluchowski. This incident caused a considerable sensation, and was the
+prelude to a long crisis in Hungarian affairs, during which the
+emperor-king, while quick to repair the unfortunate impression produced
+by his momentary pique, held inflexibly to his resolve in the matter of
+the common army.
+
+In his relations with the Slavs the emperor displayed the same
+conciliatory disposition as in the case of the Magyars; but though he
+more than once held out hopes that he would be crowned at Prague as king
+of Bohemia, the project was always abandoned. In this, indeed, as in
+other cases, it may be said that the emperor was guided less by any
+abstract principles than by a common-sense appreciation of the needs and
+possibilities of the moment. Whatever his natural prejudices or natural
+resentments, he never allowed these to influence his policy. The German
+empire and the Italian kingdom had been built up out of the ruins of
+immemorial Habsburg ambitions; yet he refused to be drawn into an
+alliance with France in 1869 and 1870, and became the mainstay of the
+Triple Alliance of Austria-Hungary, Germany and Italy. His reputation as
+a consistent moderating influence in European policy and one of the
+chief guarantors of European peace was indeed rudely shaken in October
+1908, the year in which he celebrated his sixty years' jubilee as
+emperor, by the issue of the imperial recript annexing Bosnia and
+Herzegovina to the Habsburg dominions, in violation of the terms of the
+treaty of Berlin. But his opportunism was again justified by the result.
+Europe lost an ideal; but Austria gained two provinces.
+
+In his private life the emperor was the victim of terrible
+catastrophes--his wife, his brother and his only son having been
+destroyed by sudden and violent deaths. He married in 1854 Elizabeth,
+daughter of Maximilian Joseph, duke of Bavaria, who belonged to the
+younger and non-royal branch of the house of Wittelsbach. The empress,
+who shared the remarkable beauty common to all her family, took little
+part in the public life of Austria. After the first years of married
+life she was seldom seen in Vienna, and spent much of her time in
+travelling. She built a castle of great beauty and magnificence, called
+the Achilleion, in the island of Corfu, where she often o resided. In
+1867 she accompanied the emperor to Budapest, and took much interest in
+the reconciliation with the Magyars. She became a good Hungarian
+scholar, and spent much time in Hungary. An admirable horsewoman, in
+later years she repeatedly visited England and Irland for the hunting
+season. In 1897 she was assassinated at Geneva by an Italian anarchist;
+previous attempts had been made on her and on her husband during a visit
+to Trieste.
+
+There was one son of the marriage, the crown prince Rudolph (1857-1889).
+A man of much ability and promise, he was a good linguist, and showed
+great interest in natural history. He published two works, _Fifteen Days
+on the Danube_ and _A Journey in the East_, and also promoted
+illustrated work giving a full description of the whole Austro-Hungarian
+monarchy; he personally shared the labours of the editorial work. In
+1881 he merried Stephanie, daughter of the king of the Belgians. On 30th
+January 1889 he commited suicide at Mayerling, a country house near
+Vienna. He left one daughter, Elizabeth, who was betrothed to Count
+Alfred Windischgraetz in 1901. In 1900 his widow, the crown princess
+Stephanie, married Count Lonyay; by this she sacrificed her rank and
+position within the Austrian monarchy. Besides the crown prince the
+empress gave birth to three daughters, of whom two survive: Gisela (born
+1857), who married a son of the prince regent of Bavaria; and Marie
+Valerie (born 1868), who married the archduke Franz Salvator of Tuscany.
+
+  See J. Emmer. _Kaisser Franz Joseph_ (2 vols., Vienna, 1898); J.
+  Schnitzer, _Franz Joseph I. und seine Zeit_ (2 vols., _ib._, 1899);
+  _Viribis unitis. Das Buch vom Kaiser_, with introduction by J.A. v.
+  Halfert, ed. M. Herzig (_ib._, 1898); R. Rostok, _Die Regierungszeit
+  des K. u. K. Franz Joseph I._ (3rd ed. _ib._, 1903).
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Encyclopaedia Britannica, 11th
+Edition, Volume 10, Slice 8, by Various
+
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