Assembly of Notables as his predecessor, the King finally dissolved that body, without having received from them either the countenance or good counsel which had been expected; thus realizing the opinion expressed by Voltaire concerning such convocations:
"De tous ces Etats l'effet le plus commun,
Est de voir tous nos maux, sans en soulager un."53
BED OF JUSTICE.
After dismission of the Notables, the minister adopted or recommended a line of conduct so fluctuating and indecisive, so violent at one time in support of the royal prerogative, and so pusillanimous when he encountered resistance from the newly-awakened spirit of liberty, that had he been bribed to render the crown at once odious and contemptible, or to engage his master in a line of conduct which should irritate the courageous, and encourage the timid, among his dissatisfied subjects, the Archbishop of Sens could hardly, after the deepest thought, have adopted measures better adapted for such a purpose. As if determined to bring matters to an issue betwixt the King and the Parliament of Paris, he laid before the latter two new edicts for taxes,54 similar in most respects to those which had been recommended by his predecessor Calonne to the Notables. The Parliament refused to register these edicts, being the course which the minister ought to have expected. He then resolved upon a display of the royal prerogative in its most arbitrary and obnoxious form. A Bed of Justice,55 as it was termed, was held, [Aug. 6,] where the King, presiding in person over the Court of Parliament, commanded the edicts imposing certain new taxes to be registered in his own presence; thus, by an act of authority emanating directly from the Sovereign, beating down the only species of opposition which the subjects, through any organ whatever, could offer to the increase of taxation.
The Parliament yielded the semblance of a momentary obedience, but protested solemnly, that the edict having been registered solely by the royal command, and against their unanimous opinion, should not have the force of a law. They remonstrated also to the Throne in terms of great freedom and energy, distinctly intimating, that they could not and would not be the passive instruments, through the medium of whom the public was to be loaded with new impositions; and they expressed, for the first time, in direct terms, the proposition, fraught with the fate of France, that neither the edicts of the King, nor the registration of those edicts by the Parliament, were sufficient to impose permanent burdens on the people; but such taxation was competent to the States-General only.56
In punishment of their undaunted defence of the popular cause, the Parliament was banished to Troyes; the government thus increasing the national discontent by the removal of the principal court of the kingdom, and by all the evils incident to a delay of public justice. The Provincial Parliaments supported the principles adopted by their brethren of Paris. The Chamber of Accounts, and the Court of Aids, the judicial establishments next in rank to that of the Parliament, also remonstrated against the taxes, and refused to enforce them. They were not enforced accordingly; and thus, for the first time, during two centuries at least, the royal authority of France being brought into direct collision with public opinion and resistance, was, by the energy of the subject, compelled to retrograde and yield ground. This was the first direct and immediate movement of that mighty Revolution, which afterwards rushed to its crisis like a rock rolling down a mountain. This was the first torch which was actually applied to the various combustibles which lay scattered through France, and which we have endeavoured to analyze. The flame soon spread into the provinces. The nobles of Brittany broke out into a kind of insurrection; the Parliament of Grenoble impugned, by a solemn decree, the legality of lettres de cachet. Strange and alarming fears, – wild and boundless hopes, – inconsistent rumours, – a vague expectation of impending events, – all contributed to agitate the public mind. The quick and mercurial tempers which chiefly distinguish the nation, were half maddened with suspense, while even the dull nature of the lowest and most degraded of the community felt the coming impulse of extraordinary changes, as cattle are observed to be disturbed before an approaching thunder-storm.
The minister could not sustain his courage in such a menacing conjuncture, yet unhappily attempted a show of resistance, instead of leaving the King to the influence of his own sound sense and excellent disposition, which always induced him to choose the means of conciliation. There was indeed but one choice, and it lay betwixt civil war or concession. A despot would have adopted the former course, and, withdrawing from Paris, would have gathered around him the army still his own. A patriotic monarch – and such was Louis XVI. when exercising his own judgment – would have chosen the road of concession; yet his steps, even in retreating, would have been so firm, and his attitude so manly, that the people would not have ventured to ascribe to fear what flowed solely from a spirit of conciliation. But the conduct of the minister, or of those who directed his motions, was an alternation of irritating opposition to the public voice, and of ill-timed submission to its demands, which implied an understanding impaired by the perils of the conjuncture, and unequal alike to the task of avoiding them by concession, or resisting them with courage.
The King, indeed, recalled the Parliament of Paris from their exile, coming, at the same time, under an express engagement to convoke the States-General, and leading the subjects, of course, to suppose that the new imposts were to be left to their consideration. But, as if to irritate men's minds, by showing a desire to elude the execution of what had been promised, the minister ventured, in an evil hour, to hazard another experiment upon the firmness of their nerves, and again to commit the dignity of the sovereign by bringing him personally to issue a command, which experience had shown the Parliament were previously resolved to disobey. By this new proceeding, the King was induced to hold what was called a Royal Sitting of the Parliament, which resembled in all its forms a Bed of Justice, except that it seems as if the commands of the monarch were esteemed less authoritative when so issued, than when they were, as on the former occasion, delivered in this last obnoxious assembly.
Thus, at less advantage than before, and, at all events, after the total failure of a former experiment, the King, arrayed in all the forms of his royalty, once more, and for the last time, convoked his Parliament in person; and again with his own voice commanded the court to register a royal edict for a loan of four hundred and twenty millions of francs, to be raised in the course of five years. This demand gave occasion to a debate which lasted nine hours, and was only closed by the King rising up, and issuing at length his positive and imperative orders that the loan should be registered. To the astonishment of the meeting, the first prince of the blood, the Duke of Orleans, arose, as if in reply, and demanded to know if they were assembled in a Bed of Justice or a Royal Sitting; and receiving for answer that the latter was the quality of the meeting, he entered a solemn protest against the proceedings. [Nov. 19.] Thus was the authority of the King once more brought in direct opposition to the assertors of the rights of the people, as if on purpose to show, in the face of the whole nation, that its terrors were only those of a phantom, whose shadowy bulk might overawe the timid, but could offer no real cause of fear when courageously opposed.
The minister did not, however, give way without such an ineffectual struggle, as at once showed the weakness of the royal authority, and the willingness to wield it with the despotic sway of former times. Two members of the Parliament of Paris57 were imprisoned in remote fortresses, and the Duke of Orleans was sent in exile to his estate.
A long and animated exchange of remonstrances followed betwixt the King and the Parliament, in which the former acknowledged his weakness, even by entering into the discussion of his prerogative; as well as by the concessions he found himself obliged to tender. Meantime, the Archbishop of Sens nourished the romantic idea of getting rid of these refractory courts entirely, and at the same time to evade the convocation of the States-General, substituting in their place the erection of a Cour-plénière, or ancient Feudal Court, composed of princes, peers, marshals of France, deputies from the provinces, and other distinguished persons, who should in future exercise all the higher and nobler duties of the Parliaments,
Viz., One on timber, and one on territorial possessions. – See Thiers, vol. i., p. 14.
"Lit de Justice" – the throne upon which the King was seated when he went to the Parliament.
Mignet, Hist. de la Rev. Française, tom. i., p. 21.
Freteau and Sabatier. They were banished to the Hières. In 1794, Freteau was sent to the guillotine by Robespierre.
