CONSTITUTIONAL MONARCHY Flashcards
1790-1793
when was the national assembly formed
17th june 1789
- they became a legitimate body once Necker and the King accepted their existence (27th June for the King)
- their statement was they would not disband until a constitution is founded (sept 1791)
describe the civil constitution of the clergy / reforms it made
- church boundaries were redrawn to correspond with administrative divisions, with only 1 bishop per department (83 bishops, not 135 - limit corruption)
- clergymen were now paid, as clergy men had to reside in their department
- bishops and priests were elected (control to citizens)
- power to the pope to validate bishop appointments was removed (pope validated this in exchange for retaining control in avignon)
*church is subservient to state)
date:
1. of the civil constitution of the clergy
2. of when louis accepted the civil constitution
- 12th July 1790 (cc of c)
- louis accepted = december 1790
list some of the motivations for church reform in france / the civil constitution of the clergy (there are 6 main motivations)
- curb and challenge the power of the monarchy (given the power it exerts through the church)
- in order to further enforce liberty and erode this class system (ie benefit being concentrated among a select few)
- the church was very polarizing and was inhibiting attempts at equality and unity in france
- the church had associations with the ancien regime and absolute monarchy (wanted to signify a pivot from this)
- the church should not be as ‘big’ now, given enlightenment ideals suppressed the popularity and widespread practice of religion (rationality was taking over from belief)
- the church had significant financial prospects (given it was so wealthy) - it could relieve the debt of the state
describe the general church reforms made by the assembly from 1789-1790 (with dates for reform) (5)
- church lands were nationalised (2nd november 1789) - biens nationaux
- this allowed for increasing ownership (1/3 of peasantry) - funds - abolishing pluralism and the ability to hold more than one ecclesiastical post at a time (limit ideas of corruption)
- the tithe is abolished (state controls funding of the church)
- don gratuit is abolished (cannot decide own tax)
- protestants gain full citizenship (december 1789) - religious toleration
date of the OATH to the civil constitution
27th november 1790
- polarizing
describe the oath of the civil constitution
- assembly decree that the clergy / church members must swear to be loyal to the french nation / revolution
- if they did not take this oath, members of the church were deprived of their offices and salaries
- it was to determine who was and was not loyal to the revolution, using the church as a way and means of doing this
key statistics about the oath to the civil constitution
- in flanders + alsace, less than 25% took the oath
- in western regions (nantes), majority refuse to take the oath (they are more right wing, monarchist areas), but in central regions / south, more than 65% take the oath (ie Nice) - enlightenment impact
- 54% of parish clergy take the oath
- bocage county - priests take the oath as a ‘duty’ and favour to citizens
- only 7/160 bishops are ready to take the oath
consequences of the oath to the civil constitution
- it was completely blown out of proportion - it was the idea that one issue would symbolise and dictate revolutionary progress - triggers a negative view of revolution and questions committment
- the national assembly occupy avignon (after a plebicite) and annex it -to france - legitimacy / popular support - breakdown in relations with pope
- france is now aware of actions of assembly and unprecedented relations w pope - the national assembly declare in november 1791, that all ‘non juring’ priests are counter-revolutionaries (they could later be deported in may 1792 - helped by fear of war)
- catagorization + encourage clergy to flee abroad - polarizes revolution because of its binary nature - becomes a battle of church v state with no UNITY / CONSENSUS (people become less willing to support revolution due to its nature of sacrifice)
- also creates a wider gap between priests who accept and reject the oath
- some soon begin to distrust the pope and view him as an infringer of liberty, whilst others distrusted the assembly for violating a longstanding institution and attempting to change their faith
reaction / actions of pope to the civil constitution / oath
- the pope initially refuses to act on these actions, remaining silent (in order to protect property and to not coerce people to act a specific way, with this new emphasis on liberty)
- the pope didn’t want to trigger this episcopal despotism and reinforce divides with the assembly
- after the oath, the pope releases a papal bull letter in april 1791 condemning the oath (“poisoned source”), attacking the assembly and which encouraged other bishops to retract their oath
- pope suspends those who take the oath
- the pope introduces a deadline for people to retract their oath
main themes from the civil constitution of the clergy
- difficulty of revolution to position itself alongside traditional religion (binary)
- notion of counter-revolution (esp of the king)
- lack of unity
- political opposition to the assembly
describe changes to voting procedure / elections were changed under the assembly from 1789
- 3 tiers of voting are established
- there becomes a distinction between active and passive citizens
- the franchise is expanded
- elections were now held once every 2 years
what and when was the festival of the federation
14th july 1790
- celebrated the anniversary of the bastille through abolishing feudalism and celebrating freedom / liberty
describe the 3 tiers of voting
1st tier:
- those who paid taxes of 1.5-3 livres in tax
- power to decide who was eligible in primary elections to nominate electors + officials
2nd tier:
- citizens pay 5-10 livres in tax
- this was to stand for a local government
- paying this tax allowed you to stand in second stage of elections
3rd tier:
- 50 days labour or 52 livres in tax
- this was to become an assembly deputy
- only 50,000 people could afford this out of 25 million people
active citizens:
- was around 61% of the population - meaning voting reform allowed for more enfranchisement + widest in Europe
describe the distinction between active and passive citizens
active:
- men over 25
- lived in one place for one year
- paid direct tax worth 3 days labour
- they were given political rights
- this was 61% of people
passive:
- those who therefore only had civil rights, not voting rights
- this was over 10 million
*created in december 1789
why was and was not voting procedure free or equal
was:
- wider enfranchisement which could reduce political apathy
- encourages political engagement
- appearance of having more inclusivity and political tolerance
- values elected offices to reduce corruption and venality
was not:
- voting ability was dictated by your financial situation - fundamental political rights were limited by wealth and employment (of which higher positions of employment were difficult to attain by peasantry)
- deputy positions were reserved for the elite
- voting rights were limited to income, property and land
- passive citizens cannot afford to vote (there was no degree of inclusivity to majority of 3rd estate, it was very much specialised to the bourgeoisie)
- disparity in income = local government was in the hands of wealthy and propertied people
what changes to political office were made
- parlements were abolished
- public offices were all elected, instead of having government officials
what changes did the assembly make to powers regarding the king
- king would have a private income and access to 25 million livres, 20 million less than in ancien regime (financial co-operation)
- october 1789 - louis becomes the king of the french, NOT france, to promote accountability and his power stemming from the people
- the king would select ministers to form a cabinet, but they could not be in the assembly (assembly was fully elected)
- the king was given a suspensory veto, but after 4 years a measure would become law
- this was to promote a balance of power
describe the september 1791 constitution introduced by the national assembly
13th september 1791 = this constitution is accepted by louis AFTER VARENNES + CHAMP DE MARS**
- the constitution establishes a constitutional monarchy
- this created 3 distinct branches of government, with the elected assembly as the legislature, with the king being the executive and the judiciary being independent
- the constitution limits the powers of the king, imposing veto boundaries, ethics standards and combatting his despotism
- constitutional and financial matters are now in the hands of elected chambers (ie foreign conflict, taxation etc)
- creates the legislative assembly (oct 1791)
describe the administrative reforms made by the assembly after 1789
november 1789 = old provinces were abolished, and france was reformed into 83 equally sized departments, which would have districts (547) and communes within these
feb - june 1790 - each department had an ELECTED council of 36 people (accountability) , with 8 being directly in charge of administration
- this displayed that the assembly promoted a decentralisation of power to prevent concentration of power with a monarchy
- this heavily streamlined bureaucracy
how were and were not administrative reforms free and equal
were:
- all council leaders had to be elected, promoting this idea of accountability
- there were more leaders, and more connective governments (communes created)
- administration was now uniform
- elected nature meant power was NOT AS centralised with upper classes
were not:
- voting procedure meant the original bourgeoisie were those benefitting from being in government or well represented - amplified voice
- elected officials were underpaid - corruption
- administrative costs - there was over 2 billion of debt by 1791
describe legal reform under the assembly from 1789
administrative change:
1. justice of peace - hear minor civil cases in cantons (groups of communes)
- JPs elected by active citizens, but were always upper class members given they paid tax of 10 days wages
2. there were then district courts for severe civil cases
3. each department had a court for criminal cases
- elected for a fix term based on experience
4. criminal cases would have 2 sets of a jury (one for judgement and one if prosecution is necessary)
5. one main high court of appeal is made
- emphasis on legal rights
describe the fundamental legal rights created under the assembly
- free and fair justice (found in declaration of rights of man 1789)
- accused person brought before a judge within 24 hours
- right to judicial representation
- torture was abandoned as a method
- property of people accused would not be seized
- promoted fair and proportionate sentences to not pose burdens on families
- trials were open to the public (degree of accountability)
how were and were not legal reforms free and equal
were:
- justices were paid salaries - remove corruption, promote independence and neutrality
- was the most complex and fair judicial system in europe that the time
- justices were elected based on experience - not based on wealth, which would promote accountability (at least every 2 years)
- justices were all elected (notion of needing to be properly qualified)
- torture as a form of killing is outlawed
- access to complex jury trials - idea of impartial judgements
- each individual had to be brought to the court within 24 hours
- trials were much cheaper
were not:
- minor civil cases lacked appeal - in a sense, justice was only extended to an extent
- notion of terror - guillotine torture was implemented and relied on (culture of conformity and fear)
- legal manipulation by higher classes due to access to positions / money paid for positions (venality to a degree)