Henri François d'Aguesseau
Encyclopedia
Biography
He was born at LimogesLimoges
Limoges |Limousin]] dialect of Occitan) is a city and commune, the capital of the Haute-Vienne department and the administrative capital of the Limousin région in west-central France....
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, in a family of magistrates. His father, Henri d' Aguesseau, a hereditary councillor of the parlement
Parlement
Parlements were regional legislative bodies in Ancien Régime France.The political institutions of the Parlement in Ancien Régime France developed out of the previous council of the king, the Conseil du roi or curia regis, and consequently had ancient and customary rights of consultation and...
of Metz
Metz
Metz is a city in the northeast of France located at the confluence of the Moselle and the Seille rivers.Metz is the capital of the Lorraine region and prefecture of the Moselle department. Located near the tripoint along the junction of France, Germany, and Luxembourg, Metz forms a central place...
, was a man of singular ability and breadth of view who, after holding successively the posts of intendant of Limousin
Limousin (province)
Limousin is one of the traditional provinces of France around the city of Limoges. Limousin lies in the foothills of the western edge of the Massif Central, with cold weather in the winter...
, Guyenne
Guyenne
Guyenne or Guienne , , ; Occitan Guiana ) is a vaguely defined historic region of south-western France. The Province of Guyenne, sometimes called the Province of Guyenne and Gascony, was a large province of pre-revolutionary France....
and Languedoc
Languedoc
Languedoc is a former province of France, now continued in the modern-day régions of Languedoc-Roussillon and Midi-Pyrénées in the south of France, and whose capital city was Toulouse, now in Midi-Pyrénées. It had an area of approximately 42,700 km² .-Geographical Extent:The traditional...
, was in 1685 called to Paris as councillor of state, appointed director-general of commerce and manufactures in 1695, president of the council of commerce in 1700 and a member of the council of the regency for finance.
By him François d'Aguesseau was early initiated into affairs and brought up in religious principles deeply tinged with Jansenism
Jansenism
Jansenism was a Christian theological movement, primarily in France, that emphasized original sin, human depravity, the necessity of divine grace, and predestination. The movement originated from the posthumously published work of the Dutch theologian Cornelius Otto Jansen, who died in 1638...
. He studied law under Jean Domat
Jean Domat
Jean Domat, or Daumat , French jurisconsult, was born at Clermont in Auvergne.- Biography :Domat studied the humaniora in Paris, where he befriended Blaise Pascal, and later law at Bourges. After his promotion in 1645, he practised law in Clermont and was appointed a crown prosecutor there in 1655...
, whose influence is apparent in both the legal writings and legislative work of the chancellor. When little more than twenty-one years of age he was, through his father's influence with Louis XIV
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
, appointed one of the three advocates-general to the parlement of Paris; and the eloquence and learning which he displayed in his first speech gained him a very high reputation. D'Aguesseau was in fact the first great master of forensic eloquence in France.
In 1700 he was appointed procurator-general; and in this office, which he filled for seventeen years, he gained the greatest popularity by his defence of the rights of the Gallican Church
Gallican Church
The Gallican Church was the Catholic Church in France from the time of the Declaration of the Clergy of France to that of the Civil Constitution of the Clergy during the French Revolution....
in the Quietist troubles and in those connected with the bull Unigenitus
Unigenitus
Unigenitus , an apostolic constitution in the form of a papal bull promulgated by Pope Clement XI in 1713, opened the final phase of the Jansenist controversy in France...
. In February 1717 he was made chancellor by the regent Philip II, Duke of Orléans; but was deprived of the seals in January of the following year and exiled to his estate of Fresnes in Brie
Brie
Brie is a historic region of France most famous for its dairy products, especially Brie cheese. It was once divided into two sections ruled by different feudal lords: the western Brie française, corresponding roughly to the modern department of Seine-et-Marne in the Île-de-France region; the...
, on account of his steady opposition to the projects of the famous John Law
John Law (economist)
John Law was a Scottish economist who believed that money was only a means of exchange that did not constitute wealth in itself and that national wealth depended on trade...
, which had been adopted by the regent and his ministers.
In June 1720 he was recalled to satisfy public opinion; and he contributed not a little by the firmness and sagacity of his counsels to calm the public disturbance and repair the mischief which had been done. Law himself had acted as the messenger of his recall; and it is said that d'Aguesseau's consent to accept the seals from his hand greatly diminished his popularity. The parlement continuing its opposition to the registering of the bull Unigenitus, d'Aguesseau, fearing a schism
Schism (religion)
A schism , from Greek σχίσμα, skhísma , is a division between people, usually belonging to an organization or movement religious denomination. The word is most frequently applied to a break of communion between two sections of Christianity that were previously a single body, or to a division within...
and a religious war in France, assisted Guillaume Dubois
Guillaume Dubois
Guillaume Dubois was a French cardinal and statesman.-Early years:Dubois, the third of the four great Cardinal-Ministers , was born in Brive-la-Gaillarde, in Limousin...
, the favorite of the regent, in his endeavour to force the parlement to register the bull, acquiesced in the exile of the magistrates and allowed the Great Council to assume the power of registration, which legally belonged to the parlement alone. The people unjustly attributed his conduct to a base compliance with the favorite. He certainly opposed Dubois in other matters; and when Dubois became chief minister d'Aguesseau was deprived of his office (March 1, 1722).
He retired to his estate, where he passed five years of which he always spoke with delight. The Scriptures, which he read and compared in various languages, and the jurisprudence of his own and other countries, formed the subjects of his more serious studies; the rest of his time was devoted to philosophy, literature and gardening. From these occupations he was recalled to court by the advice of Cardinal Fleury in 1727, and on August 15 was named chancellor for the third time, but the seals were not restored to him till ten years later. During these years he endeavoured to mediate in the disputes between the court and the parlement.
When he was at last reinstated in office, he completely withdrew from all political affairs, and devoted himself entirely to his duties as chancellor and to the achievement of those reforms which had long occupied his thoughts. He aimed, as others had tried before him, to draw up in a single code all the laws of France, but was unable to accomplish his task. Besides some important enactments regarding donations, testaments and successions, he introduced various regulations for improving the forms of procedure, for ascertaining the limits of jurisdictions and for effecting a greater uniformity in the execution of the laws throughout the several provinces. These reforms constitute an epoch in the history of French jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, and have placed the name of d'Aguesseau in the same rank with those of L'Hôpital
Michel de l'Hôpital
Michel de l'Hôpital was a French statesman.-Biography:De l'Hôpital was born near Aigueperse in Auvergne ....
and Lamoignon. As a magistrate also he was so conscientious that the duc de Saint-Simon
Louis de Rouvroy, duc de Saint-Simon
Louis de Rouvroy commonly known as Saint-Simon was a French soldier, diplomatist and writer of memoirs, was born in Paris...
in his Mémoirs complained that he spent too much time over the cases that came before him.
In 1750, when upwards of eighty-two years of age, d'Aguesseau retired from the duties without giving up the rank of chancellor. He died on the February 5, 1751.
His grand daughter Henriette Anne Louise d'Aguesseau was the mother in law of the Marquis de La Fayette. The present Duke of Noailles
Duke of Noailles
The title of Duke of Noailles was a French peerage created in 1663 for Anne of Noailles, count of Ayen.The second, third and fourth dukes were all marshals of France...
is a descendant of Henri François through his grand daughter who was executed in the revolution.