PORTALIS, JeanÉtienne Marie (1745-1807), French jurist and the principal author of the Code Civil, which as the Code Napoléon has been declared the greatest monument of the reign of the emperor, came of a bourgeois family, and was born at Bausset in Provence on 1st April 1745. He was educated by the Oratorians at their schools in Toulon and Marseilles, and then went to the university of Aix; while a student there he published his first two works, Observations sur Émile in 1763 and Des Préjugés in 1764. In 1765 he became an avocat at the parlement of Aix, and soon obtained so great a reputation that he was instructed by Choiseul in 1770 to draw up the decree authorizing the marriage of Protestants. From 1778 to 1781 he was one of the four assessors or administrators of Provence, and in 1783 he brought about the countess of Mirabeau’s separation from her husband in spite of the impassioned pleading of the great Mirabeau himself. In 1788 he protested on behalf of the avocats of Aix against Loménie de Brienne’s May edicts, but in the following year, probably owing to Mirabeau’s influence, he was not elected to the States-General. He entirely disapproved of the great changes brought about by the Constituent Assembly; and, after refusing to be one of the royal commission for splitting up Provence into departments, he retired, first to his country house and then to Lyons, and took no further part in politics. In November 1793, after the republic had been proclaimed, he came to Paris, and was thrown into prison, being the brother-in-law of Siméon, who was the leader of the federalists in Provence. He was soon removed through the influence of Barere to a maison de santé, where he remained undisturbed till the fall of Robespierre. On being released he practised as a ...lawyer in Paris; and in 1795 he was elected by the capital to the Council of Ancients, at once becoming a leader of the moderate party opposed to the directory. His reports, however, were chiefly on questions of law reform, and he commenced the labours which have made his name famous. As a leader of the moderates he was proscribed at the coup d’étât of Fructidor, but, unlike Pichegru and Barbé-Marbois, he managed to escape to Switzerland, and did not return till Bonaparte became First Consul. Bonaparte knew his value, and made him a conseiller d’étât in 1800, and then charged him, with Tronchet, Bigot de Préameneu, and Jacques de Maleville, to draw up the Code Civil. Of this commission he was the most industrious member, and many of the most important titles, notably those on marriage and heirship, are his work. In 1801 he was placed in charge of the department of cultes, or public worship, and in that capacity had the chief share in drawing up the provisions of the Concordat. In 1803 he became a member of the Institute, in 1804 minister of public worship, and in 1805 a knight grand cross of the Legion of Honour. He soon after became totally blind; and after undergoing an unsuccessful operation he died at Paris on 23d August 1807.
The work of Portalis appears in the Code Napoléon, but see also Frederick Portalis’s Documents, rapports, et travaux inédits sur le Code Civil, 1844, and Sur le Concordat, 1845; for his life, see the biography in the edition of his Oeuvres by F. Portalis, 1823, and René Lavollée, Portalis, sa vie et ses oeuvres, Paris, 1869.
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