deliberations were complete; they had done their part; he then decided according to his own judgement, and thereby fulfilled his. Their voices were not collected, be-、 caufe his prefence rendered it unneceflary; 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 most perfect means of affording him a precife knowledge of the fentiments of his parliament, but his prefence rendered it not only unneceflary, 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 ariftocracy 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 strange 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 justice throughout the kingdom. But it behoved him to guarantee 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 legislation or adminiftration, which did not come to them from him. That he therefore reproves them for fuch arrets as they had this paffed, and prohibits them from a repetition of the practice. And ftates, that to detroy, 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 regifters.

He then feems to advert to their quotations and precedents, by put ting the following queftion; For how many falutary laws, which now daily form the rules for guiding your judgements, 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, "Thefe are the principles "which ought to regulate your con"duct; and I fhall never tuffer the "fmalleft deviation from them."

With opinions fo directly oppofite, in regard to the prerogatives and authority of the crown, the privi leges 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 eftablithing on a firmer bafis the authority of the crown, or of modelling, altering, and perhaps greatly reducing its power. All civil public bufinels was at a ftand; for the provincial parliaments, as well as that of Paris, either refuted to act under the prefent circumftances, or were difabled from acting; fo that it was morally impoffible things could continue long in their prefent fiate.

In the mean time, the minifters were

were ceply, 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 refractorinels 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 conftitution, than to lock like the repair of an old one. But its prominent and leading feature, was the establishment of a grand council of ftate 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 govern ment 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 ftates ge

neral.

As it was neceffary, in order to render this fupreme tribunal effective, that it fhould 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 to new and important an inftitution muft inevitably encounter, fo it became a matter of indifpenfable neceffity, that it fhould poffefs every Pollible 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 should carry the appearance, in a confiderable degree, of being a reprefentation of the whole.

In conformity with thefe purpofes, the fupreme court was to be compofed of princes of the blood; peers of the realm; great officers of state; clergy; marthals 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 fhould 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 fuccels, fhewed greater marks of defign and ability, than had been difplayed in any other inftance by the prefent adminiftration.

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

precaution,

precaution, and fecrecy, which were apparent at the royal prefs at Paris, not only excited general fufpicion, but spread an univerfal alarm. Above a 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 designs fatal to the parliament were in agitation; and while rumour continually magnified or created imaginary dangers, the apprehenfion, difmay, and terror, fpread among the Paritians was inexpreffible. Nor was that body itfelf in a much more tranquil ftate: 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 apprehension.

It is not to be expected, that a fecret pofleffed by a number of perfons can long be preferved, if the vigilance of fufpicion be thouroughly roufed on the fide interested in the difcovery. It is faid, that M. d'Ef. premenil, an active and eminent member of the parliament, by means not publicly known, had the fortune to penetrate this areanum, 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 to far as it was yet printed of or

Lown.

The difcovery 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, occasioned 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 prefent evil intentions of the minifters; the refittance which they had made to the two ruinous taxes on estates 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 states;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 fyftem of compliance with the king's abfolute will, as exprelled in his different answers, was a proof of the minif ter'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 itates general duly convened.

They

They farther declare, that the Court of parliament, alone, has a right to confirm the king's orders in every province, and to order them to be enregistered, in cafe they are conformable to the conftitutional rights of the province, and to the fundamental laws of the kingdom. -That they have likewife the privilege of not being arrefted by any order whatever, without being immediately put into the hands of thofe judges with whom they are connected by their fituation.-That the court protests against all acts of force attempted in violation of the principles here laid down, and unanimoufly declare that they are bound by oath not to deviate from thofe, principles. That each member is relolved to oppose all innovations, nor will be adminifter justice in any place but the court itself, compofed of the fame perfons, and poffeffing the fame privileges.-And, that in cale they fhould be compelled by force to difperfe themfelves, and rendered unable to act in their proper capacities, they each declare, that they will return their privileges and rights undimifhed into the hands of the king, his family, the peers of the realm, or the ftates geFeral. To guard against any fuppresion of their acts at this fitting, they ordered copies of thefe proceedings and refolutions to be immediately tranfmitted to all the courts of the kingdom.

It is easily feen, that the three laft claufes were the refult of the late unavowed difcovery.

The king having ordered M. d'Efpremenil, and M. de Monfambert, two of the most active members of the parliament, to be arrested in their houfes, thefe gentlemen, in confequence of private intelligence,

evaded the immediate danger by keeping out of the way, but did not on that account refrain from attending in their places at a meeting of parliament which was haftily convened on that account the enfuing morning. The fuddennefs of the meeting did not prevent the attendance of twelve peers, who, it might be thought, were waiting in readiness to answer any emergency that fhould occur. The affembly having taken into confideration the meafures purfued on, the preceding night for arrefting the two members in their houfes, unanimouly concurred in a May 5th. ftrong remonftrance upon the fubject, which they ordered to be prefented to the king by a deputation of their body.

In this piece befides reiterating former arguments with relpect to perfonal liberty in general, and their own claims to peculiar privileges and exemptions, they charge the royal advifers with departing from all the principles of monarchy, and availing themselves of every refource which defpotifim could fuggeft to overturn the fundamental laws of the kingdom. And they conclude, by reprefenting the evils and dangers which muft enfue from fuch proceedings, and by befeeching him to difcharge thole who adviled them; as the farther profecution of them would involve the public liberty and the lawful authority of the king in fuch difficulties as to render it impoflible for the magiftrates to extricate them, or to purfue their duty.

But they were now to experience difficulties which perhaps they did not expect. The king refufed to receive the deputation, and a regiment of guards fuddenly furround

ing the palais, prohibited the departure of any of the members. In this ftate of confternation and apprehenfion, M. Degout, who commanded the troops, entered the affembly, and demanded, in the king's name, that the two magif trates, whom he had ordered to be arrefted, but who had made their efcape, fhould be delivered up to him. A profound filence enfued for fome time, and not a man would point them out. At length the prefident put an end to this folemn filence, by rifing up and declaring, (accompanied with the acclamations of the whole court) that he, and every other perfon prefent, was a d'Efpremenil and a Monfambert, for that they all coincided entirely with thefe members in their opinions. On this anfwer, M. Degout returned to the king for fresh inftructions; and fo infirm and in decifive was his council, fo deftitute of refource were his minifters, that this fmall, and eafily to be forefeen difficulty, occafioned a pause of full twenty hours before an antwer, or the meafures to be purfued, could be determined.

During all this time, the parliament continued locked up in its chamber, and furrounded on all fides by guards. On M. Degout's return, he fummoned all the members to their refpective places, and charged them, under the penalty of being declared guilty of high treafon, to point out M. d'Efpremenil and M. de Monfambert. Not a word of anfwer was returned, nor a look tending to fupply its place, until the filence was broken by the rifing of the two members in queftion, who requested the permiffion of the court to deliver themfelves up. The former was conducted to the ftate pri

fon of St. Marguerite, in one of the iflands near Toulon; and Monfambert to the Pierre Encife.

Neither this example, nor the impreffion made by fo many hours confinement under an armed force, were at all fufficient to change the conduct, much lefs to break the fpirit of the parliament. They were allured of the fupport of a powerful political faction, under whofe influence they were believed to act; and ftill farther fortified by the general fpirit and difpofition of the nation, from thofe new ideas of liberty, and of the principles of government, which were fo fuddenly and fo univerfally fpread throughout all ranks and orders of the people.

The 8th of May being appointed by the king for holding a bed of juftice at Verfailles, and it being expected by themfelves, as well as every body elfe, that the apprehended tempeft would on that day fall upon the parliament, that body spent the intervening time in preparing a long and argumentative addrefs, to be prefented to him by the prefident, before the final denunciation took place. Reprefentations of this fort were now fo frequent, that the entering particularly into them would be equally tirefome and ufelefs. The principal new heads of grievance were, the late violence committed by invefting the feat of fovereign juftice with armed men during the fitting of parliament, including all its attending circumftances; the arbitrary power exercifed in the feizure of the two members; and the refufal of the king to receive their deputation.

In expatiating on thefe fubjects, fome ftrong expreflions are used. They partly charge, and partly infinuate, a fixed fyftem for the over

throw