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ABSTRACT Michel Eyquem de Montaigne (1533-1592) was a humanist and a jurist, whose mother tongue was Latin. The Essais (1570-1588) are basic conversational humanism based on historical memory. They were written in French, when everything sacred or learned was written in Latin. They are a quasi-professional polemic against efforts to change the government of France which was occurring on the philosophical and legal levels of jurisprudence, both in teaching and in treatises, and on the political level by the Catholic League and by Protestants, who set up independent governments in the Midi. The purpose of this dissertation is to examine the rhetorical effort of the Essais to defend the public law of France, the ancienne coustume. as the remedy to govern and preserve the Kingdom as a traditional Christian Monarchy and to end the civil and religious strife. The Essais are metaphor in the tradition of tropical philosophy, to focus thought, to capture the attention of the audience to persuade them to consider truth, or a truth, and to reorient their thinking so they will act for the purpose for which he was attempting to persuade them. The effect depends in part upon the reader or hearer. They are dialogues which are not dialogues. The texts dialogue with each other, and with intertexts. The Essais set forth coustume in its various
meanings of habit, usage, custom, and customary law (case law of judicial decisions) as the guardian of tradition, and relate it to law, justice and government fpoliced, according to Montaigne's knowledge and experience.
Page 1: INFORMATION TO USERS This nuinuscri
Page 4 and 5: DMI Number: 9720712 Copyright 1996
Page 6 and 7: STATEMENT BY AUTHOR This dissertati
Page 10 and 11: INTRODUCTIOH The tem Essais evokes
Page 12 and 13: Montaigne intended to sketch a comp
Page 14 and 15: science, in regard to the sources o
Page 16 and 17: are a philosophical-' rhetorical ef
Page 18 and 19: the Church of Rome, the fulfillment
Page 20 and 21: extension of language (Strange, 199
Page 22 and 23: principle Montaigne when he says he
Page 24 and 25: of political and economic control,
Page 26 and 27: p. 39). The theme of illness and me
Page 28 and 29: language such as clothing, games, a
Page 30 and 31: coTiunentaries, to simplify the law
Page 32 and 33: provincial law from the second cent
Page 34 and 35: Francis Hotraan, who was to publish
Page 36 and 37: canon law, between Church and State
Page 38 and 39: which recognized that the sovereign
Page 40 and 41: jurisprudence. Montai ,Tie asks his
Page 42 and 43: The interior is disguised by an ext
Page 44 and 45: to be monarch of both the church an
Page 46 and 47: he becomes a symbol of an antagonis
Page 48 and 49: abstract of humanistic, legal and s
Page 50 and 51: Saint Thomas Aquinas expresses this
Page 52 and 53: shall be as rottenness and their bl
Page 54 and 55: to practical reason, not as regards
Page 56 and 57: (p. 144 ff.) Each is able to find s
Page 58 and 59:
judgments about human acts (Aquinas
Page 60 and 61:
approximate principle of stability,
Page 62 and 63:
the situation as se tenir chancelan
Page 64 and 65:
were directly known, and Montaigne'
Page 66 and 67:
mediator between the King of France
Page 68 and 69:
human condition would be proud. The
Page 70 and 71:
Montaigne says he remembers in gene
Page 72 and 73:
cartographic traditions, assimilate
Page 74 and 75:
philosophy, which requires metaphor
Page 76 and 77:
knight said it had given him courag
Page 78 and 79:
There was a single figure at the bo
Page 80 and 81:
Paradoxa juris has humanistic comme
Page 82 and 83:
For the tribunals the texts of the
Page 84 and 85:
and gave it its full effect (p. 187
Page 86 and 87:
must be conformed to the "existing
Page 88 and 89:
government. Philosophers and jurist
Page 90 and 91:
for Socrates, and ethical systems h
Page 92 and 93:
city state, enclosed in walls and s
Page 94 and 95:
systematization, the basis of the i
Page 96 and 97:
certain matters. Erasmus said he co
Page 98 and 99:
ules of games, and two ethical dial
Page 100 and 101:
elated to the loose rhapsodic struc
Page 102 and 103:
Ce sont les exigences du jugement l
Page 104 and 105:
under another safeguard than theirs
Page 106 and 107:
103 (1572-1580). This dissertation
Page 108 and 109:
105 Ages and included the sixteenth
Page 110 and 111:
107 beliefs and reputable opinions)
Page 112 and 113:
109 both points of view in a litiga
Page 114 and 115:
Ill of texts as well as of commonly
Page 116 and 117:
mention only the author and the wor
Page 118 and 119:
115 questions are inquiry, and Maso
Page 120 and 121:
117 he has recorded, more surely an
Page 122 and 123:
119 learning to Christianity (in th
Page 124 and 125:
121 could be taken from the Topics
Page 126 and 127:
123 As Cicero, he believed the purs
Page 128 and 129:
of the ages, sheds light upon reali
Page 130 and 131:
127 imitation. Mimesis is a dramati
Page 132 and 133:
129 It is far from Aristotle himsel
Page 134 and 135:
131 to have compassion on them. His
Page 136 and 137:
133 process of incarnating God in a
Page 138 and 139:
135 always some dislocation. He pre
Page 140 and 141:
137 La Boetie is a pretext for Mont
Page 142 and 143:
139 It means a mutation, and is emp
Page 144 and 145:
nous tenons en nostre siecle que. .
Page 146 and 147:
toujours la matiere: souvent ils la
Page 148 and 149:
145 etc. When Montaigne speaks of h
Page 150 and 151:
147 seventeenth century may refer t
Page 152 and 153:
149 for itself (p. 724). It was the
Page 154 and 155:
151 nature. Sanches sought more pre
Page 156 and 157:
153 Things are enmattered. Uncondit
Page 158 and 159:
155 offend him. One should listen t
Page 160 and 161:
viendront apres raoi; car n'etre ne
Page 162 and 163:
V. SOME INTERTEXTS 159 Montaigne's
Page 164 and 165:
161 Joyeuse, a favorite of Henri II
Page 166 and 167:
163 existence or form of society as
Page 168 and 169:
considered himself head of the Byza
Page 170 and 171:
There is a proverb: Homme plaideur,
Page 172 and 173:
169 search for truth based upon the
Page 174 and 175:
171 Castro believed in the immobili
Page 176 and 177:
173 hidden in the texts. The writer
Page 178 and 179:
175 Protestants, when the spirit of
Page 180 and 181:
171 Letters in the service of a com
Page 182 and 183:
179 the magistrate, takes on the co
Page 184 and 185:
181 pretended to wish what they cou
Page 186 and 187:
183 the Parliaments), Montaigne bel
Page 188 and 189:
185 condemnation. He wondered how b
Page 190 and 191:
n'est pas a dire, quand mon affecti
Page 192 and 193:
a quoy nous convie la beaute des li
Page 194 and 195:
191 exceptions. If the supreme auth
Page 196 and 197:
193 moment, always decisive, but wh
Page 198 and 199:
195 Joukovslcy says that modern cri
Page 200 and 201:
197 was between reason and natural
Page 202 and 203:
199 tradition of judging in equity,
Page 204 and 205:
201 infallibility, but under that o
Page 206 and 207:
203 It must be another case. It is
Page 208 and 209:
205 authority is the foundation and
Page 210 and 211:
207 that the assassins of Saint-Bar
Page 212 and 213:
assembly would belong to a constitu
Page 214 and 215:
legislator are not from their own a
Page 216 and 217:
213 disassociated. Thus it remains
Page 218 and 219:
215 Montaigne in the conclusion to
Page 220 and 221:
217 apparent. The historical circum
Page 222 and 223:
Augustine's City of God. 219 Gilber
Page 224 and 225:
221 council of preudomes. and prefe
Page 226 and 227:
223 taxation, and representation of
Page 228 and 229:
225 many members of one body. They
Page 230 and 231:
227 His criticism of the state of j
Page 232 and 233:
profited, but some were exiled or e
Page 234 and 235:
231 recognized extraordinary vocati
Page 236 and 237:
233 metaphor used by Montaigne as w
Page 238 and 239:
235 well as the rapport of governme
Page 240 and 241:
237 the authority of the prince cam
Page 242 and 243:
en son nom (p• 6). 239 This theor
Page 244 and 245:
the Kings (Coviness, 1993, p. 729 f
Page 246 and 247:
243 governs the people in conformit
Page 248 and 249:
245 positive or human laws more ten
Page 250 and 251:
247 law, and in regard to the gover
Page 252 and 253:
249 however, considered coutume rat
Page 254 and 255:
251 and there had been projects of
Page 256 and 257:
253 Clemengis felt that so long as
Page 258 and 259:
255 natural law, a priori principle
Page 260 and 261:
VIII. FRANCO-GALLIA; RESISTANCE 257
Page 262 and 263:
259 France to sell their properties
Page 264 and 265:
261 a letter, which the Council of
Page 266 and 267:
263 that private fantasies were dan
Page 268 and 269:
them, when they were issued by the
Page 270 and 271:
267 (Pasquier, 1966, p. 178 ff.) It
Page 272 and 273:
p. 58) . 269 There are obviously tw
Page 274 and 275:
271 of the Three Estates. It is a n
Page 276 and 277:
que nos rois font, lorsqu'on leur m
Page 278 and 279:
275 the idea of the deputies. It is
Page 280 and 281:
277 King of France. That was very s
Page 282 and 283:
279 and of making laws (p. 146). Th
Page 284 and 285:
281 was not to publish either law o
Page 286 and 287:
283 which were directed at the infr
Page 288 and 289:
IX. SERVITUDE AND APOLOGIE 285 La B
Page 290 and 291:
287 that beyond all his discourse a
Page 292 and 293:
289 with maintaining the rule of th
Page 294 and 295:
42) . 291 La Boetie seems more fami
Page 296 and 297:
293 Human law is a dictate of pract
Page 298 and 299:
295 God is in a creaturely manner.
Page 300 and 301:
297 practical counsels destined for
Page 302 and 303:
299 The Ecloaa set forth punishment
Page 304 and 305:
301 Montaigne does not speak about
Page 306 and 307:
303 64). (The Franciade of Ronsard
Page 308 and 309:
305 invisible government of Provide
Page 310 and 311:
307 forth a balance sheet to illust
Page 312 and 313:
309 legislator. Plato believed that
Page 314 and 315:
The principle of law is the common
Page 316 and 317:
313 The question was extremely seri
Page 318 and 319:
315 provoked resistance by rebellin
Page 320 and 321:
317 Athens spent their time always
Page 322 and 323:
to the possible succession at the t
Page 324 and 325:
321 surprising, since Charles IX ha
Page 326 and 327:
323 it eventually fell under siege
Page 328 and 329:
325 Divine Word. He believes ambiti
Page 330 and 331:
X. THE TROUBLES AND THE MEMOIRE 327
Page 332 and 333:
329 the knowledge, honor and adorat
Page 334 and 335:
331 Of cult are made in good faith.
Page 336 and 337:
333 The Edict of July 31, 1561, a l
Page 338 and 339:
335 peace to combat the Protestants
Page 340 and 341:
337 whom Pasquier says they morts a
Page 342 and 343:
339 but not even the Estates of the
Page 344 and 345:
341 three votes. The resolution was
Page 346 and 347:
343 Savoy. The Queen Mother, the Ki
Page 348 and 349:
Pasquier as well. 345 In the confus
Page 350 and 351:
the authority of Christ, to be impo
Page 352 and 353:
349 Protecteur de l^Eqlise et ^ I'h
Page 354 and 355:
351 than elsewhere, might spread to
Page 356 and 357:
353 For La Boetie, the ultimate sol
Page 358 and 359:
355 practices of the cult and of de
Page 360 and 361:
357 Other virtues, since its action
Page 362 and 363:
359 ritualized, as Montaigne descri
Page 364 and 365:
361 public peace and rebellion agai
Page 366 and 367:
363 knowledge of God must be indefi
Page 368 and 369:
365 Theologians of the Middle Ages
Page 370 and 371:
(Caracciolo, 1968, p. 482)." 367 Th
Page 372 and 373:
369 technological means of control.
Page 374 and 375:
371 recognition of free wills withi
Page 376 and 377:
373 France. La Boetie did not belie
Page 378 and 379:
375 several remonstrances before ve
Page 380 and 381:
XI. LOI AND JUSTICE Ill The immedia
Page 382 and 383:
379 act of judging. In ancient time
Page 384 and 385:
381 argtunent is from the point of
Page 386 and 387:
383 rendered in local courts. It al
Page 388 and 389:
385 officers, who in last resort wo
Page 390 and 391:
387 structure. Montaigne notes that
Page 392 and 393:
389 to Change the government, but d
Page 394 and 395:
391 Some were examined only about t
Page 396 and 397:
393 the Chateau of Montaigne, and h
Page 398 and 399:
395 great persons or the qentilshom
Page 400 and 401:
397 offense. Some judges did have m
Page 402 and 403:
399 all the concepts about such jus
Page 404 and 405:
CONCLUSION 401 Montaigne based the
Page 406 and 407:
403 statements are particular enoug
Page 408 and 409:
405 Jesuits were founded by Saint I
Page 410 and 411:
407 supports faith. It may also giv
Page 412 and 413:
409 in opposition to family, fellow
Page 414 and 415:
411 to an origin by Divine Providen
Page 416 and 417:
significations. 413 6. The question
Page 418 and 419:
415 Fifty-thousand men were slaught
Page 420 and 421:
417 12. There was a great deal of c
Page 422 and 423:
1994, pp. 173-174). 419 16. The Ess
Page 424 and 425:
Of anaphora, syncope and alliterati
Page 426 and 427:
423 Utterances, like the books of c
Page 428 and 429:
425 receive letters, gifts and visi
Page 430 and 431:
427 the street, no matter what thei
Page 432 and 433:
429 Christmas creche had existed th
Page 434 and 435:
431 ordinary gentlemen of the King.
Page 436 and 437:
433 38. Jean Bodin's Republique inf
Page 438 and 439:
435 published the French sonnets in
Page 440 and 441:
437 Protestantism, at age twenty-se
Page 442 and 443:
439 Ronsard says in the preface to
Page 444 and 445:
441 After 1572 French tracts by Pro
Page 446 and 447:
443 to England from the new edition
Page 448 and 449:
445 made Affairs of state a habit,
Page 450 and 451:
447 The doctors told him it was his
Page 452 and 453:
it amusing (Pasquier, 1961, p. 62).
Page 454 and 455:
451 taken, as well as Toulouse. In
Page 456 and 457:
453 58. Saint John taught Saint Pol
Page 458 and 459:
Benziger Brothers, Inc., 1947. Armi
Page 460 and 461:
Editions Slatkine, 1983. Boon, Jean
Page 462 and 463:
varietate stupendes. Princeton; Pri
Page 464 and 465:
461 review by Robeirt Levine. Specu
Page 466 and 467:
1975 (avril-septembre), pp. 65-74.
Page 468 and 469:
1967, pp. 581-611. 465 , "The Monar
Page 470 and 471:
Kelly, J. M. Roman Litigation. Oxfo
Page 472 and 473:
Doubleday, 1964. Machiavelli, Nicco
Page 474 and 475:
Scholarship & Opinion. Vol. 29, No.
Page 476 and 477:
Geneve: Librairie Droz: 1966. 473 ,
Page 478 and 479:
475 Semiotics." American Journal of
Page 480 and 481:
XXIX, 1967, PP. 93-119. Smith, p. M
Page 482 and 483:
479 R6gionales. Vol. I. Universite
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