Abstract
The order of contentious procedure in use before the Royal Council was determined by the rules which d'Aguesseau set in 1738. These rules contain many principles familiar to the practitioner of modern contentious business : the independence of administrative contentious matters, the institution of action on justified petition, the sifting of claims, the conducting of investigations in writing and inquisitional form, the sorting of cases according to importance, the twofold inquiry by a court reporter and a collegiale body before trial, the careful description of the decision by the reporter, and enforcement supported by a Council-related authority. On the contrary, such essential features as public hearings, oral proceedings, and the justification of rulings are not yet found, and will appear only as a result of later reforms, revolutionary, imperial, or liberal.
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