to the people, or they demanded one. In the firft inftance, the acceptance of the people, whofe suffrages were entirely free, eftablished the law in the fecond, the propofed law was confidered and debated by the court, (which was the royal council) according to whofe fuffrages, which were equally and inviolably free as thofe of the people, it was confirmed by the king's affent, or rejected. The fame order was observed under the fecond race. The court was compofed of noblemen, bishops, and fenators. They were ftyled the adjutants, co-operators, and adminiftrators of the public weal. In all cafes, laws were enacted with the confent of the people, and the confirmation of the king through his court.

Under the third race of kings, they fay, that the form of government did not change, although the court went under different names. It was at different times called the king's court, the court of France, the royal court, the common council, and the parliament.

Upon the whole it does not feem that the information obtained by thefe refearches into the ancient history of the French monarchy, was much to the purpose, or ferved to throw any additional light upon the fubjects of the prefent difputes. The confent of the people to the paffing of laws would have been equally curious and important, if it had been fhewn in what manner it was given or obtained; whether the whole nation affembled in one vaft plain, to afford the fanction of its confufed voice; or whether the fuffrages were communicated by delegation. It might perhaps be found no lefs dificult

to establish the fact in one cafe than in the other.

It is always to be remembered in confidering thefe contefts, (and though we have heretofore mentioned it, it is of fo much confequence to the subject that we fhall venture to repeat the observation) that the French parliaments are properly courts of justice. That thefe bodies are merely administrators of the laws, without any power to make, or even, in the smalleft degree, to alter or amend them. And that they are not farther removed from the powers of legislation, than from the moft diftant pretence of being confidered in any degree as the reprefentatives of the people. The powers of legiflation have refided folely in the crown, ever fince the convocation of the ftates has fallen into difufe; and it poffeffed them equally before, in the intervals between the meetings of thofe affemblies.

We have formerly fhewn, that the practice of calling upon the parliaments, or courts of justice, to enregitter the king's edicts, did not originate in an idea of their communicating any authority or force to thofe laws, nor even with a view of receiving their approbation, but merely as notaries to record and authenticate their exiftence, and thereby, as well to promulgate them, as to prevent any doubts being entertained by the public of their reality. The parliaments, however, as their popularity and power increased, and times and circunftances proved favourable to the defign, affumed a right of judging whether thefe edicts were injurious to the public; and if this was determined in the affirmative, they, under the colour of a fort

of

of legal fiction, refufed to regifter them. For they pretended, that being injurious to the people, and contrary to the king's wifdom, juftice, or clemency, they did not believe them to be the king's real acts, but confidered them as an impofition practifed by his minifters; and on this ground they prefented memorials or remonstrances to the king, placing, in the strongeft colours they could, all the evil confequences which they prefumed would attend their being paffed into laws.

In troublefome times, or under weak administrations, this oppofition was frequently fuccefsful, and the contested point was given up by the king. But if the governing power was firm and determined, the king had recourfe to what was called a bed of juftice; that is, he went in perfon, attended by feveral of the great officers of itate, to authenticate and confirm his own deed, in the prefence of the parliament, all the members of which had previous notice to attend; and as all debate was precluded by his prefence, he had nothing farther to do, than to order the edict to be registered, a command which he faw executed upon the spot. The circumftance of the French courts of justice holding the fame name with the English parliament, we prefumed might render this illuftration not entirely unneceffary, although it be in part a repetition.

We now return from this digreffion to the remonftrance. After the quotations from history, and precedents which they had adduced, the parliament tell the king bluntly, that he could not fuppofe himfelf able, in defiance of all thefe teftimonies, to deftroy the conftitution at a fingle blow, by concentrating parliament

giltracy and the public tranquil"lity, may have the ignominious "glory of triumphing over the "laws; but we will venture to an"wer to your majefty, for the cou

rage and fidelity of thofe who "have the execution of them."

The king, in his anfwer, after obferving that he had perused their remonftrances very attentively, profeffes to answer them with fuch precifion, that they fhould no longer doubt of his intentions, nor again attempt to oppofe them. He tells them it was quite unneceffary to talk to him of the nature or prefcription of enregistering, or of the manner which they adopted in giving their fuffrages. When he went to his parliament upon the fubject of a new edict, it was in order to benefit by their difcuffion of it, and from the light which he thus received, to determine in his own mind, after hearing their arguments and opinions, upon the propriety of pafling the law, and of having it accordingly regiftered. This was exactly what he had done on the 19th of November. Every thing had been conducted precifely according to law, and to the ancient and eftablished forms, at that fitting. He had heard all their opinions, and therefore their deliberations

deliberations were complete; they had done their part; he then decided according to his own judgment, and thereby fulfilled his. Their voices were not collected, becaufe his prefence rendered it unneceffary; his decifion did not reft upon the number of votes: of what avail could it be then to know the exact majority, when their number afforded them no power?

For he infifted, that the collecting of fuffrages was only neceffary in his abfence, as the moft perfect means of affording him a precife knowledge of the fentiments of his parliament; but his prefence rendered it not only unneceffary, but idle. He farther argued, that if the plurality of voices, in his courts, could forcibly direct his will, the monarchy would be changed to an aristocracy of magiftrates; an event, as contrary to the rights and interefts of the nation, as to those of the fovereign power. That would be, indeed (he continues) a ftrange conftitution of government, which fhould reduce the will of the king to fubmit to that of his minifters; and subject the fovereign power to as many different determinations, as there were deliberations in the various courts of juftice throughout the kingdom. But it behoved him to guaranty the nation from fuch a misfortune.

He likewife lays it down as a pofition or rule not to be departed from, that parliament had no authority to pass any arrets (or decrees) either upon fubjects of legiflation or adminiftration, which did not come to them from him. That he therefore reproves them for fuch arrets as they had thus paffed, and prohibits them from a repetition of the practice. And states, that to deAroy, and leave no trace of an error,

which he is difpofed to attribute to a momentary furprize or illufion, is to purify, and not to alter their registers.

He then feems to advert to their quotations and precedents, by putting the following queftion: For how many falutary laws, which now. daily form the rules for guiding your judgments, is France indebted to the authority of her former monarchs? who not only ordered them to be registered without any regard to the plurality of fuffrages, but in direct oppofition to them, and in defiance of reluctant or refifting parliaments.-The king concludes abruptly, " These are the principles "which ought to regulate your con“duct; and I shall never suffer the "fmalleft deviation from them."

With opinions fo directly oppofite in regard to the prerogatives and authority of the crown, the privileges of parliaments, and the rights of the fubject, as were now avowed by the contending parties, little hope of any compromife or amicable conclufion could remain; and it became every day more apparent, that things were drawing to a crifis, the management of which would be attended with greater difficulties than were yet forefeen; but which could fcarcely fail in its effect of proving decifive, and of either establishing on a firmer bafis the authority of the crown, or of modelling, altering, and perhaps greatly reducing its power. All civil public business was at a stand; for the provincial parliaments, as well as that of Paris, either refufed to act under the prefent circumftances, or were disabled from acting; fo that it was morally impoffible things could continue long in their prefent ftate.

In the mean time, the minifters

were.

were deeply, but moft fecretly engaged in forming an extenfive plan for a new order of government, which, if it could be carried into execution, would have freed the king entirely from that continual vexation and trouble which he had fo long endured through the refractorinefs of the parliament. This fyftem, which was attributed to M. de Lamoignon, was fo extenfive, that it feemed rather to carry the appearance of a new constitution, than to look like the repair of an old one, But its prominent and leading feature, was the establishment of a grand council of state and government, under the appellation of La Cour Pleniere, which was to be endued with fuch powers, and placed in the exercife of fuch functions, as would ferve to carry the parliaments back to the original principles of their inftitution, and reduce them to the condition of mere courts of juftice. This, however, was not all; it may be fafely concluded that the court looked farther. It was intended that this court, by enabling government to carry on the public bufinefs without any other intervention, would thereby preclude the dreaded neceffity of affembling, according to the king's promife, the states ge

neral.

As it was neceffary, in order to render this fupreme tribunal effective, that it should acquire, at the first view of its compofition, the good opinion and confidence of the public, and thereby be enabled to furmount the ftrong prejudices which so new and important an inftitution must inevitably encounter, fo it became a matter of indifpenfable neceffity, that it should poffefs every poffible degree of refpectability, which could be derived from the

rank, integrity, or talents of its members. It feemed likewife to be part of the view of the framers, that by their being drawn from almoft every order and clafs of men in the nation, they fhould carry the appearance, in a confiderable degree, of being a reprefentation of the whole.

In conformity with thefe purposes, the fupreme court was to be compofed of princes of the blood; peers of the realm; great officers of itate; clergy; marfhals of France; governors of provinces; knights of different orders; members of council; a deputation of one member from each parliament in the kingdom, and of two from the chamber of accounts and fupply.

The number of which this court was to confift, was not yet determined; the king only declaring, that the members should not be fo numerous as to create delay or diforder, nor fo confined as to occafion incompetence, through accidental or unavoidable abfences. The times of their meeting, and the length of their fittings, were to be regulated by the king's will, and by the preffure of public affairs.

Upon the whole, this plan, without any reference to its fuccefs, fhewed greater marks of defign and ability, than had been difplayed in any other inftance by the prefent administration.

Notwithstanding the means of fecrecy adopted by the court, in the conduct of this weighty bufinefs, it was impoffible, with fuch multitudes of eyes and ears eternally on the watch, not to afford room for apprehenfion and fufpicion. The mere circumftances of filence and apparent inactivity,would have been fufficient for this purpofe. But the unusual buftle,

precaution,

precaution, and fecrecy, which were apparent at the royal prefs at Paris, not only excited general fufpicion, but spread an univerfal alarm. Above an hundred additional workmen were taken into that department: the place was furrounded, night and day, with armed guards; nothing could efcape the vigilance of the centinels; and no perfon whatever was admitted without certain credentials which could fcarcely be counterfeited. Every body foreboded, and feemed to believe, that fome defigns fatal to the parliament were in agitation; and while rumour continually magnified or created imaginary dangers, the apprehenfion, difmay and terror fpread among the Parifians was inexpreffible. Nor was that body itself in a much more tranquil flate; fome imminent danger was expected, and a total ignorance of its nature, and of the intended mode of attack, could not ferve in any degree to leffen the apprehenfion.

It is not to be expected, that a fecret poffefied by a number of perfons can long be preferved, if the vigilance of fufpicion be thoroughly roufed on the fide interested in the difcovery. It is faid, that M. d'Efpremenil, an active and eminent member of the parliament, by means not publicly known, had the fortune to penetrate this arcanum, without the trouble or danger of forcing the guards. It is likewife fuppofed that he fucceeded by corrupting fome of the printers; that he became thereby thoroughly master of the whole project and defign of the court; and, it is even faid that he obtained a copy of the new code fo far as it was yet printed off or know n,

The discovery of a defign, in ci

vil matters or politics, as well as in war, is generally equivalent to a defeat. Nothing could be more deftructive to the views of the court, than the prefent proved. The information thus obtained, occafioned a fudden meeting of the parliament on the 3d of May; and as they could not avow the fource from whence it was derived, they declared, as the grounds of their meeting, and intended proceedings, that they had been apprized by public report, as well as by a variety of concurring circumftances, that fome fatal stroke was in meditation; and they proceeded to ftate, under the following heads, the caufes which drew upon them the enmity, and the present evil intentions of the minifters ;the refiftance which they had made to the two ruinous taxes on eftates and on ftamps ;-their refufal to acknowledge their own competence to the granting of fubfidies, and to admit the validity of the king's edicts for that purpofe;-their foliciting a convocation of the general ftates ;and their laying claim to liberty for every individual fubject.

They then declare it to be their duty, to withstand firmly all plans and attempts of minifters contrary to law, and to the good of the nation. That the fytem of compliance with the king's abfolute will, as expreffed in his different answers, was a proof of the minifter's deftructive project of annulling the national government, which parliament is bound to maintain, and a duty from which it will never depart. That France is a kingdom governed by a king according to the laws. And, that the right of raifing fubfidies is in the nation, reprefented by the ftates general duly convened.

They