Henri François d'Aguesseau, French jurist and politician, Chancellor of France (b. 1668)

Henri François d'Aguesseau: A Pillar of French Jurisprudence in the 18th Century

Henri François d'Aguesseau (French: [ɑ̃ʁi fʁɑ̃swa daɡɛso]), born on 27 November 1668 and passing on 5 February 1751, was an exceptionally influential and revered figure in French legal history. His illustrious career was marked by his three distinct tenures as Chancellor of France, a pivotal role he held intermittently between 1717 and 1750. His profound intellect and dedication to legal reform earned him a remarkable commendation from the celebrated Enlightenment philosopher, Voltaire, who declared him "the most learned magistrate France ever possessed." This high praise from one of the era's foremost intellectuals underscores d'Aguesseau's unparalleled reputation and lasting impact on French law.

The Prestigious Role of Chancellor of France

The position of Chancellor of France was one of the highest and most powerful offices in the French Ancien Régime. It encompassed responsibilities akin to a chief justice, head of the judiciary, and keeper of the royal seals. The Chancellor was the primary legal advisor to the king, overseeing the administration of justice and participating in key legislative processes. Henri François d'Aguesseau's appointment to this demanding role on three separate occasions highlights not only his legal acumen but also his indispensable value to the monarchy during a period of significant political and social transition, encompassing the Regency of Philippe d'Orléans and the early decades of Louis XV's reign.

• First Tenure: 28 January 1717 – 4 January 1718. This initial period was cut short due to his strong opposition to John Law's controversial financial system, which led to his temporary dismissal.
• Second Tenure: 28 January 1720 – 19 August 1722. He was recalled to office as Law's system collapsed, only to resign later, preferring a return to scholarly pursuits.
• Third Tenure: 16 August 1727 – 10 December 1750. Recalled by Cardinal Fleury, the chief minister, d'Aguesseau held this office for over two decades, solidifying his legacy through extensive reforms until shortly before his death.

A Legacy of Legal Codification and Reform

Voltaire's assessment of d'Aguesseau as "the most learned magistrate" was well-founded, stemming from his tireless efforts to rationalize and unify the fragmented legal system of France. Prior to his work, French law was a complex mosaic of regional customary laws (dominant in the north) and Roman law (prevalent in the south). D'Aguesseau dedicated his chancellorships to addressing this jurisprudential chaos through the issuance of significant legal ordinances, known as the *Ordonnances*.

• Ordonnance sur les Donations (1731): This ordinance standardized the law concerning gifts and donations, aiming to bring uniformity to this aspect of private law across different regions.
• Ordonnance sur les Testaments (1735): This reform streamlined and codified the laws governing wills and testaments, reducing ambiguity and ensuring clearer execution of last wishes.
• Ordonnance sur les Substitutions (1747), also known as Ordonnance sur les fidéicommis: This ordinance dealt with the complex legal mechanism of substitutions (entailments), which allowed property to be passed down through generations with specific conditions, a crucial area for nobility and land ownership.

These *Ordonnances* were groundbreaking for their time. They represented a concerted effort to create a more coherent and equitable legal framework, laying crucial groundwork for the eventual comprehensive codification of French law that would culminate in the Napoleonic Code in the early 19th century. D'Aguesseau's profound knowledge of both Roman law and French customary law, combined with his dedication to justice, enabled him to navigate this complex legal landscape and introduce reforms that had a lasting impact on civil jurisprudence.

Frequently Asked Questions About Henri François d'Aguesseau

Who was Henri François d'Aguesseau?

Henri François d'Aguesseau was a prominent French jurist and statesman, recognized as one of the most significant legal minds of the 18th century. He served multiple terms as Chancellor of France, the highest legal office in the kingdom, and was instrumental in reforming and codifying French law.

Why is Henri François d'Aguesseau considered important in French history?

He is crucial for his efforts to unify and rationalize French law through his comprehensive *Ordonnances* on donations, wills, and substitutions. These reforms aimed to standardize a fragmented legal system and are seen as foundational steps towards modern French civil law. His intellect and integrity also earned him the high praise of Voltaire.

What was the role of the Chancellor of France during d'Aguesseau's time?

The Chancellor of France was the chief legal officer, head of the judiciary, and keeper of the royal seals. It was a highly influential position responsible for advising the monarch on legal matters, overseeing justice administration, and participating in legislative processes.

What were the "Ordonnances" introduced by d'Aguesseau?

The "Ordonnances" were significant legal ordinances issued under d'Aguesseau's chancellorship. Key examples include the Ordonnance sur les Donations (1731), Ordonnance sur les Testaments (1735), and Ordonnance sur les Substitutions (1747). These aimed to standardize specific areas of private law across France, which previously suffered from diverse regional customs and legal traditions.