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throw of the established conftitution or government, by changing the monarchy into a defpotifin, to have been in train ever fince the year 1771. They tell the king in unqualified terms, that the French nation will never adopt the defpotic measures which he is advised to.That the fundamental laws of the kingdom must not be trampled on, and that his authority can only be eteemed fo long as it is tempered with juftice. They declare for themselves, that the interefts of the nation have determined each and every member not to take any part, either as a body, or individuals, in any functions which may be the confequence of new regulations; nor will they aflift in any mealures which are not founded on the unanimous refolations of parliament, endued with allits privileges. Such, they fay, is the nature of the French monarchy, and a departure from it may produce the moft unhappy confequences.

The parliament had previously entered formal protefts against the feizure and imprifonment of the magistrates.

On opening the bed of

May. 8 juftice, the king, prepara

tory to the introduction of his reforms, pronounced a fpeech of extraordinary length, and loaded with leverities against the conduct of the parliament. He charges them with perfevering in a continual deviation from their duty, on every point, for a year paft. That not fatisfied with placing the opinions of individual members on a level with the fovereign authority, they had prefumed to affert, that no edict could be valid without their regiftry, while they declared, that they could not be forced to the performance of that duty, even though the nation fuf

fered by the refufal: that the provincial parliaments had followed. their example both in their pretenfions and acts; that the confequences have been, that laws equally necelfary and defirable have not been carried into execution: that the most ufeful operations of government have been interrupted or stopped, and public credit greatly injured: that juftice has been fufpended, and the national tranquillity fhaken.

The king declared that he owed to his fubjects, to himfelf, and to his fucceffors, the fuppreffion of thefe exceffes. That he might have inflicted punishment; but he rather chooses to remedy the evil, and prevent its effects. That he had, indeed, been obliged to punish a few of the magiftrates; but acts of rigour were contrary to his nature, even when they were indifpenfable. That he did not intend to deftroy his parliaments, but to bring them back to their duty, and within the limits of their original inftitutions; to convert the moment of a critis into a falutary epocha for his fubjects; to begin a reform in the judicial order, by that of the tribunals, which are the bafe of it; to procure juftice to be adminiftered in a more expeditious and lefs expenfive manner: and to intruft the nation again with the exercite of its lawful rights, which muft always be united with his. That he would moreover eftablifh, in every part of his kingdom, that unity of design and fyftem, that correfpondence of the parts with the whole, without which a great state is only weakened by the number and extent of its territories. That the order he intended to establish was not new; for there was but one parliament in the kingdom when Philip the Fair fixed his refidence at Paris.

That

That a large ftate fhould have but one king, one law, and one power to enregifter its acts. That tribunals, with a jurifdiction confined to prefcribed limits, fhould have the future fuperintendence of the majority of law fuits; and the parliaments those of greater importance and confequence. That there fhould be a fingle court of judicature, in which the laws common to the whole kingdom fhould be enregistered and preferved; and that to complete the whole reform, a general affembly of the ftates fhould be convened, not only once, but every time the state of affairs fould require it. "Such" fays the king," is the re-establish"ment which my love for my peoIple has prepared; and I confe"crate this day for the commence"ment of their happinefs, which is "my only defire.'

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M. de Lamoignon, the keeper of the feals, followed the king in a fpeech prelimenary to the introduction of the new code, which was fo voluminous as to fill a quarto volume of more than 400 pages. The ordinances, though printed, were each figned by the king, and counferfigned by the Baron de Bteteuil.

The first of thefe, with refpect to importance, though not the firft in place, and that which excited fo much oppofition and alarm, was the eftablishment of the cour pleniere; the fupreme authority of which was confidered by the parliaments as violently invafive of their privileges and rights, and as totally fubverlive of their power. The ordinance (we know not upon what ground) calls this inftitution a re-establishment and the members were to hold their places for life, which tended much to free their proceedings from the influence of the crown, notwith

ftanding their original appointment by it.

Another ordinance affected the parliament of Paris fo deeply, that it could not be lefs odious to that body, than the former. It went to the reduction of the number of its members, from 120 to 67. This meature was founded on or fupported by a precedent, derived indeed from bad times and an arbitrary reign. This was the celebrated edict of Louis the X1th, dated the 21st of October, 1467, which peremptorily ordains that the parliament of Paris fhall be compofed of a prefident, nine fub-presidents, twelve counsellors chofen from among the clergy, with a prescribed number of commoners and honorary members, which was not in the whole by any means to exceed that we have flated. So that this was in fact, rather the revival of an old law, than a new regulation with refpect to that body.

The firft ordinance, with refpect to place, went to the eftalbiment of a new order in the adminiftration of civil juftice in the provinces. Two new courts were to be inftituted in each of the feveral diftricts therein fpecified; the one to decide all litigations not exceeding in value 4,000 livres; the other, all fuch above that amount, as fhall not exceed 20,000 livres; referving to the parliaments in their refpective provinces, when they refume their functions, the right of determining alt faits of greater importance..

The fecond went to the abolition of thofe inferior courts, which in France were numerous, and whofe degrees of authority being ill defined, and in different places varioufly extended in the exercise not only occafioned much perplexity and confufion in the courts of justice, but

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Another ordinance went to that excellent reform in the courfe of criminal juftice, of which we have before taken notice; the laft of all went to the vacation of the parliament of Paris, as well as of all the others throughout the kingdom. They were to remain fufpended in all their functions until the king's pleasure was farther known; and during that period were ftrictly pro hibited, both generally and individually, to affemble or deliberate upon any affair public or private; the king declaring that he would, in the mean time, purfue the proper meafures for carrying the new ordinan

ces into execution.

The ordinances being read and registered the king concluded the butnefs by a fhort (peech, in which, after obferving that they had juft heard his will, and that the more moderate it was, the more ftrictly he would have it fulfilled and enforced; he ftated, hat all his regulations and intentions were directed in every thing to the good and happinefs of his fubjects. That he depended upon the zeal and fidelity of thofe who were immediately called to compote his cour pleniere; and that he had no doubt but others of the magiftracy would, by their good conduct, merit his favour, and to be accordingly fucceffively called to that fupreme affembly.

During these whole proceedings, the most profound filence was obferved by the parliament, and the meeting was immediately broken up at the king's departure. But on Vo. XXXI,

9th.

the following day, what is called the grand affembly of parliament was fummoned, and held at lo early an hour, that their proteft was dated at feven o'clock in the morning. In that piece they represent to the king, that their filence in his prefence, on the preceding day, was not to be confidered as any confent on their fide to his majesty's edicts;-that, on the contrary, they totally difclaim taking any part in what pafled at that fitting, or giving their fanction to it ;-that they farther decline accepting any feat in that new court his majefty wishes to establish, called La Cour Pleniere;— and that they cannot accept of it, from its being contrary to their duty, their oath, and their fidelity to his majefty.

The proteft of the parliament was feconded by a letter figned by feveral of the peers, and addreffed to the king. In this they declare themfelves penetrated with the deepest forrow at the attempt now made to fubvert the fundamental principles of the government fo long esta blifhed in the kingdom. That they fhall at all times confider it their duty to give to all his fubjects examples of refpe& and fubmiftion ; but that their confciences, and the fidelity which they owe to his majefty, will not fuffer them to take any part in the functions which thefe new edicts impofe on the peerage, That they therefore take the liberty of laying at the foot of the throne this declaration, dictated by the pureft fentiments of honour, and of zeal for the true interefts of his majefty, which are ever infeparable from thofe of the nation.

This extraordinary adherence of a great body of the peerage to the parliament could not, in the prefent [B] circumftances

circumftances, but be extremely embarrafling to the court; and not the lefs fo for its being entirely unexpected, although it would feem to require no great kill in divination to have foreboded the event. Nor does it appear that the clergy were lefs difpoled to fupport the parliament than the peers: fo fudden and wonderful a revolution had taken place in the fentiments of a nation, whofe leading characteristic for ages had been a fulfome adulation of, and blind attachment to, their monarchs, and to whofe glory they feemed to have dedicated the exertion of all their faculties, whether in peace or in war.

As if the 9th of May had been deftined for a day of continual agitation, the king fuddenly convoked the parliament, after the morning bufinefs of the proteft was over. It is not eafy to furmife upon what principle he adopted this meafure; for the fort fpeech which he pronounced upon the occafion, was little more than a repetition or confirmation of what he had declared the day before, as to the determined firmness of his refolution to purfue the fyftem then announced, and without regard to any impediments er obftacles, to carry the new ordinances into execution. Some concilatory expreflions were, indeed, thrown out towards the clofe of the fpeech, where the king, after obferving that the objects of the new plan were the general tranquillity of the kingdom, and the welfare of the people, declares his reliance on the zeal and fidelity of the parliament for the good of his fervice, when he fhould have fixed on proper perfons to compofe his fupreme affembly; and he concludes with an affurance that he fhould call them together before

the ordinary time of their fitting, if the fituation of public affairs, and the neceffities of the ftate, fhould fo require.

This produced, as might have been expected, another memorial on the fame evening from the parliament, in which they peremptorily perfift in all their paft refolutions; and farther proteft, and again declare, that they will not aflift at any deliberation in the fupreme affembly which his majefty was about to inftitute. They then refolve, that as it is not in their power to deliver that proteft to the perfon whofe former province it was to receive it, and fearing that it would not be fented to the king, they had charged one of their members to carry it to a notary, in order that it might be formally depofited: and they have likewife given him orders to print off as many copies of it as might be neceflary to make it publicly and authentically known.

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This care of publication, under the inflamed and very dangerous appearances which prevailed throughout the nation, was not confiftent either with the wifdom or patriotifm of parliament; and feemed rather to indicate the violence of a party, determined to carry their point at all events, and without regard to confequences, than the refult of thofe cool and cautious deliberations which, looking equally to the rights of the crown and the people, regarded the prefervation of the public tranquillity as their firft object, and the higheft of all duties.

But while the parliament were thus engaged at Verfailles, their head quarters, and what might be confidered as their citadel, was fuddenly carried by a coup de main at Paris. For the governor of that

city, properly attended, proceeded who has a certain and undifputed right, acknowledged by the monarch himfelf, to address their remonftrances to him (a right which they cannot poffibly exercife at prefent, on account of the forced fufpenfion of their functions) that court declare unanimoufly, that they cannot, and ought not, to proceed to the reading, publifhing, or regiftering the faid edicts, declarations, and orders.

to the palais royal, where, entering the different chambers, and opening the presses and bureaus, he took poffeffion of all the papers and archives of every kind appertaining to the parliament; and this bufinefs being finifhed, after locking, and clapping the king's feal upon the doors, he carried away the keys. All the other parliaments in the kingdom were about the fame time fufpended from their functions, and forbidden, under the feverest penalties, from re-affembling, from holding any private meetings, or from iffuing any refolutions or opinions whatever upon public affairs.

The Chatelet, a court next in reputation, authority, and dignity to the great chamber of parliament, was fo far from being difmayed at thefe proceedings, that after a 16th. fitting of 36 hours, they iffued an inftrument under the name of an arret (but which feems more properly a declaration or proteft) in which, after declaring how deeply they are affected by feeing the various acts of authority exercited again the different feats of magif. tracy throughout the kingdom, they particularize the following inftances: The feat of juftice invested by armed troops; the liberty of fuffrages wantonly violated, by arresting and confining magiftrates, who could not be perfonally anfwerable for deliberations which were diftinct and pe'culiarly appropriate to themfelves; that magifiracy was thus debafed, and all order overthrown, under a monarch who had declared "that he "never would reign but according to "the tenor of the laws;" and that, as the edicts and declarations reported by his majesty's attornies, had not been deliberated upon by parliament,

In the intermediate time, a duke, three other peers, and two archbithops, prefented themselves in perfon to the king at Verfailles, and delivered into his own hands a paper of fo extraordinary a nature, that neither the names of the prefenters or fubfcribers were ever given. It was entitled, the humble and dutiful addrefs of the fubfcribers, in behalf of themfelves and the public; and was figned by 47 peers and bifhops, for themfelves and the nation.”

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They declare the grief with which they find themfelves obliged to approach his majefty in the line of their duty; but it is a duty, they fay, which they cannot refift, confidering the prefent very alarming fiate of public affairs, the difcontents which prevail among people of all ranks, the tumults that have already occurred, the accounts that are daily arriving of freth infurrections of the molt alarming kind, and fill more than any, the caules to which all thefe evils are openly and generally attributed.

They farther declare, upon the fame ground of fhewing their motives and duty, that, as princes pledged in the name of the whole nobility for the prefervation of the laws, as peers born for the fecurity of the throne, and as citizens bound [B]2

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