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His intensely human view of politics led him to put more trust in the bonds of kindred and affection than in constitutional forms. He hated the petty quibbles of political legists and pedants their dilemmas, and metaphysical distinctions, and catastrophes. In his opinion the bulk of mankind was not excessively curious concerning any theories whilst they were really happy.
On the 12th of March and the 13th of June, 1303, at two assemblies of barons, prelates, and legists held at the Louvre, in presence of the king, which several historians have considered to have been states- general, one of the crown's most intimate advisers, William of Plasian, proposed, against Boniface, a form of accusation which imputed to him, beyond his ambition and his claims to absolutism, crimes as improbable as they were hateful.
The time has now arrived for the people to consider whether it is better to keep a Parliament of weak delegates to express the public opinion which is formed by the press than to elect a Parliament of "leaders of the people," highly-trained legists, economists, and sociologists, to form and direct the public opinion which is expressed by the newspapers.
The political preponderance of the legists corresponds to the intermediate, metaphysical stage. In his philosophy of history Comte gives the further application of these principles. Here he has won commendation even from his opponents for a sense of justice which merits respect and for his comprehensive view.
Rousseau thus, unconsciously enough, brought to its climax that reaction against the absorption of the state in the church which had first taken a place in literature in the controversy between legists and canonists, and had found its most famous illustration in the De Monarchiâ of the great poet of catholicism.
CIVIL POLICY OF LOUIS. In his civil policy Louis availed himself of the Roman law to undermine feudal privileges. The legists enlarged the number of cases reserved for the king himself to adjudicate. He established new courts of justice, higher than the feudal courts, and the right of final appeal to himself. He made the king's "Parliament" a great judicial body.
The nobility were subdivided: into courtiers, living on the favours of the prince, that is to say, on the labour of the people, and whose aim was governorships of provinces, or elevated ranks in the army; ennobled parvenus, who conducted the interior administration, and whose object was to obtain comptrollerships, and to make the most of their place while they held it, by jobbing of every description; legists who administered justice, and were alone competent to perform its functions; and landed proprietors who oppressed the country by the exercise of those feudal rights which still survived.
From a very early period, therefore, the most intelligent and educated lawyers all over Europe were struggling, more or less consciously, to bring customary feudal law into conformity with Roman ideas. These legists recognized that in many matters the custom had definitely fixed the law; but whenever a doubtful question arose, they looked for guidance to the more perfect system.
This soon became impracticable, so that the legists relaxed the prescription by concessions to "the force of necessity." Resignation was thus permitted, even recommended; but the submission to non-Musulmans was always to be regarded as temporary and abnormal.
Citizens, I declare to you, that your progress is madness, that your humanity is a dream, that your revolution is a crime, that your republic is a monster, that your young and virgin France comes from the brothel, and I maintain it against all, whoever you may be, whether journalists, economists, legists, or even were you better judges of liberty, of equality, and fraternity than the knife of the guillotine!
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