Jean de Terrevermeille's Theory on the French Monarchy: Separation of Crown and Royal Patrimony

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"Jean de Terrevermeille's Theory on the French Monarchy: Separation of Crown and Royal Patrimony"

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Monarchy, crown, king, Jean de Terrevermeille, royal function, kingdom, succession, hereditary right, patrimonial succession, public law, private law, custom, statutory rules, public order, Hundred Years War, Charles VI, Charles VII, Henry V, France, King of France, King of England, throne, royal succession, constitutional law, canonical texts, inheritance, statutory conception, intangible rules, public succession, popular practices, nation, civil body, mystical body, three Estates, canonical law, French monarchy, royal prerogatives, statutory prerogatives

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Abstract

Unlock the historical significance of Jean de Terrevermeille's groundbreaking theories on the French monarchy. Discover how this pioneering jurist challenged traditional notions of kingship and succession, establishing that the crown is a public office, not private property. Learn about the strict separation between the king and the crown, and how custom and popular practices shape the monarchy. Explore the implications of Terrevermeille's work, written during the tumultuous Hundred Years' War, and gain insight into the statutory conception of monarchy and the intangibility of statutory rules. Dive into the author's conclusions and uncover the nuances of public and private law in the context of royal succession.

The enjoyment of the crown and that of the king: a strict separation
1. The king possessor of the crown
2. The king successor of the monarchy
The intangibility of statutory rules
1. The statutory prerogatives of a public order
2. The learned customary law at the service of the monarchy

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[...] A Historical and Historiographical Rereading of the Treaty of Troyes (21 May 1420)',Revue historique, vol no pp. 887-919. - Gaussin, Pierre-Roger. 'The advisors of Louis XI (1461-1483)' , Bernard Chevalier ed.,La France of the end of the 15the century. Renewal and apogee. C.N.R.S. Editions pp. 105-134. - Beaud, Olivier. 'Chapter III. [...]

[...] Thus, the king would only be a guardian of the crown and not a proprietor. It is by drawing inspiration from canon law that the jurist develops the principle according to which the crown is of public ownership, that it exceeds the monarchy and that it cannot be incorporated into its patrimony. Thus, one can summarize the author's thought by affirming that the king exercises a simple function on a temporary basis during his reign and that he is in no way the holder of the monarchy. [...]

[...] Jean de Terrevermeille thus makes a clear distinction between private law assets that are patrimonially owned and public law assets that belong to the nation as a whole. From then on, the concept of public order rises to the absolute in order to guarantee the individual freedoms of each and to preserve the common interest. Thus, the statutory theory ultimately becomes a principle of public order. B. The Learned Customary Law in Service of the Royalty Custom is what imposes the rules, and one cannot deviate from custom. [...]

[...] - SUEUR Philippe, History of French Public Law 15th-18th century. Volume 1. The Monarchical Constitution, PUF. [...]

[...] The limits of sovereignty: institution, representation and interpretation', ,The Power of the State. under the direction ofBeaud Olivier. Presses Universitaires de France pp. 179-196. - Bély, Lucien. "Chapter II. A monarchy of divine right, a sacred king",La France in the XVIIe 17th century. Power of the State, control of society, under the direction ofBély Lucien. Presses Universitaires de France pp. 11-41. [...]

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