1 Select Poetry, Ancient and Modern, for May, 1788. AN ADDRESS TO MISS WINNE, On her dancing with the Prince of Wales and Plymouth. N ancient times, with flights of fancy bold, And low each Poet, at the facred fhrine, No laurel wreath I wear-plain truth 1 fing. my lays, Gains by increafing years increafing praise ; fhone; night, Long in time's annals fhall be told the hours, And the pleas'd ear with mufic's lofty found, Led by a Royal to a Royal Hand, Thro' the clofe ranks didt with meek steps 'Midft the wild ruins of each blooming grace, fhare;) The vanquifh'dipoiler must have fled the fight, The Frince of Wales, Duke of York, and Prince William Henry. 447 Difcord was banish'd far-all join'd t' admire So fair Aurora, with her golden key, MR. URBAN, A "Near this place are depofited the remains KATHARINE HARRIS, widow, who departed 18th Nov. 1787, aged 87 years: (deceafed 21st June, 1738, aged 46,) She was afterwards married to THOMAS Rector of Gravefend, and Vicar of Northfleet; By her good fenfe, right principles, With unabated affection and reverence." + Alluding to the following lines, which had been written on Mifs Winne's wearing a gold key on her breast. By a GENTLEMAN. By an ancient tradition it has fometimes been * That an Angel gave Peter a key of pure gold, B FOREIGN INTELLIGENCE, Y the active part which the Emperor has taken in the prefent war, and the languor obfervable in the proceedings of the Rufian armies, a jealoufy feems to have arifen, which, it is apprehended, will foon pave the way, if not to a general, yet certainly to a feparate peace. In the mean time, if the accounts from Vienna may be credited, the war is vigorously pushed on by the Auftrians, and with uninterrupted fuccefs; for though their armies are obliged to fly and leave their camps in the night, yet ftill they boast of victory. Of this fact he London Gazette of May the 17th furnithes a proof. “According to accounts received from Prince Lichenstein, of the 26th of April, fays our Gazette, copied from the Court Gazette of Vienna, an attempt was made by the Auftrians on the 25th to ftorm Dubicza, but they were repulfed as they were entering the breach they had made. In return, the Turks having received a reinforcement, which augmented the garrifon to the number of 12,000 men, they fallied out, and attacked the Auftrians in their trenches. A general action commenced which lasted three hours; and though the Auftrians were vilarious, Prince Lichenftein thought proper (all bis works being deftroyed) to raise the fiege, and ia the night of the 25th (that is, the night of the action) he croẞled the Unna, and camped on the heights between Dubicza and Bacin, to cover the Auftrian territories from the incurfions of the enemy."-Such are the Auftrian victories, with which the Vienna Court Gazette has been filled of late; and in proportion as their loles have been diminished, their advantages have been increased, as appears by the Gazette above quoted, where the taking, the little fort of Schabatz, with the lots of 6 men killed and II Wounded, is pompously reprefented as a grand atchievement, and the garrifon highly extolled for their brave defence. en Thefe impofitions may now be fecurely praifed, as almost all the German, Dutch, and Low Country preffes are under controul; and the Vienna COURT GAZETTE, lice fed by the Emperor, the Original from which they all copy. There is now a ferious difpute between the courts of Naples and Venice, in confequence of a Neapolitan officer having been arrested, and conducted out of the Venetian territories, with menaces of death if he thould return; and this on a frivolous charge of his attempting to recruit there. On this infult the Neapolitan Ambaffador left Venice without taking leave. A royal fquadron of 12 Swedish men of war is fitting out at Calfcroon, to be in readiness by the end of May. Where their defination, or what their purpofe, is not yet known. It is fuppofed that France is privy to this armament. The Court of St. Petersburg is faid to be divided. The friends of the antient fyftem begin to gain the afcendency, though the French intereft has for fome time patt carried all before them. Paul Jones has certainly been employed through the intereft of the French court. To forward the negociations for peace, which fome advices fay are already fet on foot through the mediation of Pruffia, his Britannic Majefty has publicly declared, that he would be happy, by every means in his power, to accommodate the differences that fubfift among the powers at war; but will allow no aid to be given in his ports to the fhipping belonging to any of the parties concerned, or in any other way. In conformity to this refolution, the Venetian republic has publifhed a like declaration. Her Imperial Maj. fty of Ruffia will confequently focn fee her error in deferting her Old Ally for the fake of new connexions. At prefent all Europe are impatiently wait. ing the event of a conteft between the French King and his people, which is to fix the government of that kingdom on the basis of defpotifm, or on that of a limited monarchy. The conteft has been carried on with great firmness on the part of the King, and with much fpirit on the part of the people; and the rights of each have been fairly fiated on both fides. The contest originated on the 19th of Nov. laft (fee vol. LVII. p. 1019) at a meeting between the King and his Parliament, when his Majefy propofing a tax, against which he perceived the majority of members against him, he immediately broke up the alfembly, and ordered the tax to pass into a law. Against this unconftitutional proceeding, as it was termed, remonstrance after remon france was prefented to the throne, but without effect, till on the 11th of April. On that day a remonftrance was prefented, tracing the foun dation of the King's prerogative, and the manner in which his predeceflors had been reftrained when endeavouring to infringe on the privileges of the fubject. "The leading objects, (they fay, in this remonftrance), which again oblige your Parliament to prefent themselves at the foot of your throne, are, that public liberty is attacked in its very principles; that defpotifm is fubftituted for the low of the land; that, in fhort, the privileges of magiftiacy are trampled upon, and Parliament made the mere inflrument of arbitrary Contest in France between the King and the Parliament. which, by fhewing to the world the juftice of your reign, fhould have prepared the means of laying a permanent foundation for the liberty of your fubjects, has on the contrary only produced a miftruft of their flavery. But your Parliament can never allow that one act of arbitrary power should deftroy the effential rights by which your fubjects have been governed for 1300 years past. "Your Parliament can never remain filent on witneffing fo direct an infringement on monarchical government. Our privileges are not our own, they belong to the people at large, and it is our duty not to fee them violated. "The will of the King alone does not make the law complete, nor does the fimple expreffion of this will conftitute the formal act of the nation. It is neceffary that this will, in order to be binding, thould be publifhed under legal authority; that, in order to make the publishing of it legal, it must have been freely difcuffed. Such is, Sire, the principle of the French conftitution. [Here follow feveral examples in proof of the above opinion.] "Your Majefty cannot therefore fuppofe youfelf able, in defiance of these teftimonies, to destroy the conftitution at a fingle blow, by concentrating Parliament in your own perfon. "Since then there exift reciprocal duties between Kings and Subjects, what would become of this principle in practice, if Kings, by a fingle word, had the right of reftraining fome, and extending others, according to the nature of circumstances? "It remains therefore for us to fupplicate your Majefty, to pay an attentive regard to the ftate of your kingdom. We are ignorant how long the enemies of Magiftracy and the public tranquillity will have the ignominious glory of triumphing over the laws; but we will venture to answer to your Majefty for the courage and fidelity of thofe who have the execution of them." THE KING'S ANSWER, April 17, 1788. "I HAVE read your remonftrances; and it is my purpofe to anfwer with that fpirit of decifion, that you may not doubt of my intentions, nor fuffer yourselves to act in oppofition to them. "It was very needlefs, indeed, to speak to me of the law, of the nature of enregiftering, or the liberty of giving your fuffrages. When I hold my Parliament, it is to hear a difcuffion of the law, and to obtain the neceflary information to guide my judgment upon the bufinefs of enregifteri g. Such was my conduct the 19th of laft November. I then paid a due attention to all your opinions; nor is it neceffary to refume them but when I aflift at your delibera tions. GENT. MAG. May, 1788. 449 "The plurality of voices does nothing more than inform me of the refult of your opinions. When I am prefent, I judge for myfelf. If the plurality of voices in my Courts fhould forcibly direct my will, the Monarchy would be no more than an ariftccracy of magiftrates, as contrary to the rights and interefts of the nation as to thofe of the Sovereign Power. That would be, indeed, a ftrange conflitution of Government, which would reduce the will of the King to fubmit to that of his Minitters, and fubject the Sovereign Power to as many different determinations as there have been deliberations in the various courts of juice in the kingdom. "It becomes me to guarantee the nation from fuch a misfortune. Every thing was perfectly according to law in the fittings of the 19th of November laft. "The deliberations were complete, becaufe all your opinions were heard. Your voices were not collected, becaufe I was prefent; the plurality of votes need not be known, when it is without power. There was an arret, becaufe when 1 hold my Parliament, either on a matter of adminiftration or legislation, there may be an arret, but fuch only as I command to be pronounced. I therefore reprove you for your arrets, and prohibit you from a repetition of them. To destroy an error which I am difpofed to attribute to a moment of furprize or illufion, is to purify, and not to alter your regifters. "For how many falutary laws, which daily form the rules of your judgement, is France indebted to the authority of her Kings! who have not only ordered them to be registered without any attention to the plurality of voices, but in oppofition to it, and in defiance of refifting Parliaments. "Thefe principles ought to rule your conduct; and I fhall not fuffer the least deviation from them." Here the conftitution of France, as underflood by the fubject and fovereign, is fairly ftated, and forcibly maintained on both fides; but the executive power being wholly in the hands of the King and his minifters, the refiftance must be feeble on the part of the people, who have nothing but antient ufage and strong argument for their de fence. Matters being thus brought to a crifis, the dispatch of public bufinefs totally at a fland, the caufes which came before the provincial affemblies ftopped, and a rumour prevailing that the King's Printing-office at Ver failles had for fome time been compleatly guarded by centinels at every avenue, and upwards of 100 additional hands employed; at this moment of general expectation, when the people's minds were anxious for the iffue, an order came forth for the meeting of Parliament. PESO RESOLUTION of the PARLIAMENT of PARIS, May 3, 1788. The COURT being affembled, and having been apprifed by public report, and by a number of circumftances, of the fatal ftroke which was meditating-concluded that the ill intentions of the Miniftry against the Magiftrates was evidently owing to the refiftauce they made against two ruinous taxesin refufing to allow themfelves incompetent in matters relating to fubfidies-in foliciting a convocation of the General States, and in laying a claims to the liberty of every individual fubject.-That their endeavours can confequently have no other object than to convert (if pothole) without applying to the General States thofe immenfe fums formerly diffipated, by fuch means as the Court of Parliament could not oppofe; their duty being to withstand firmly against all plans contrary to law, and to the welfare of the nation. The Court further confidered, that the fystem of complying with the King's abfolute will, as expreffed in his different answers, proves the Minister's deftructive project of annulling the prin ciples of the national government, which Parliament is bound to maintain, and from which it will never depart. It declares, that France is a kingdom governed by a King according to the laws: That inoft of thofe laws are fundamental, and are formed to maintain the reigning family on the throne in the male line, excluding female fucceflon: That the nation has the right of raifing fubfidies by the vote of the States General doly convened and af fembled. That the Court of Parliament 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 laws, the conftitutional right of the Province, and to the fundamental laws of the kingdom. They have alfo the privilege of not being arretted by any order whatever, without being immediately put into the hands of thofe judges to which they are connected by their firuation. The Court protefs against any act of violence attempted against the principles herein mentioned, and unanimooly declare they cannot deviate from them by their oath;-that each member is refolved to oppofe all innovations, nor will he adminifter juftice in any place but the Court itfelf, compofed of the fame perfons, and empowered with the fame privileges. And in cafe by force they thould be compelled to difperfe themfelves, and rendered unable to act in their proper capacities, they each declare they will return their privileges and rights into the hands of the King-his family-the Pears of the Realm-or the General States-The Court have given orders for the prefent refolutions to be fent to all the courts of the king dom. But the immediate caufe which produced the general diftruft to kindle into a flame, was from the following circumstance: In the night of the 4th and 5th of the prefent month, the King iffued his orders to ftop M. Duval d'Efpremevil and M. Gaulard de Monfambert, Counsellors of the Principal Affembly of Parliament. Before the orders could be put into execution, they had both efcaped; but returned on the fame evening to the palais. A meeting of Parliament was immediately convened the peers prefent were twelve, who wrote the following proteft, dated May 5, and a deputation was fixed on to prefent it to the King. "The COURT, having deliberated on the relation made by M. Duval and M. Gaulard, of the measures taken the preceding night to arreft them in their houfes, confiders, that the advisers of his Majefty in this act, so far from adhering to the principles of Monarchy, are fubftituting every refource which Defpo tifm can fuggeft, to overturn, the fundamental laws of the kingdom. That, in this advice, they have made an attempt on the liberty of two members of Parliament, whofe only trefpafs has been, fhewing an earnest zeal in the defence of the most facred laws of the nation.-The Court confiders that thefe orders, which violate the rights of citi zens, place them beyond the poffibility of having recourse to the laws of the land, which enfure to every subject the right of being tried before a competent judge. That thefe laws afford an equal protection to M. Duval and Goulard as to any, other citizen or magiftrate, and that they have a right to claim it. They therefore refolve that a deputation fhould immediately attend his Majefty with their remonftrance, and reprefent to him the evils that must attend the nation at large by fuch proceedings, and befeech him to difcharge thofe perfons who advised him to the measures; as a profecution of them would bring the public liberty and the lawful authority of the King into fuch diffi culties, as to render it impofible for the Magistrates to extricate them, and purfue their duty." On the deputation announcing themselves to his Majesty, he refuted to receive them; and immediately ordered a regiment of guards to furround the Palais, and to fuffer no perfon to depart. M. Degout, commander of a regiment, thortly after entered the chamber where the Parliament was fitting, and in the King's name demanded the two magiftrates whom he had given orders to be arrested, but who had escaped, to be delivered up to him. A filence entued for fome time, and no one would point them out; when the Prefident of the Parliament faid, with the acclamations of the whole Court, that every perfon prefent was a d'Efpremevil and Monfambert, and that the Court coincided with their opinion. On this M. Degout re turned to his Majesty, to receive fresh instruc Conteft in France between the King and the Parliament. tions; and the Parliament remained locked up, and furrounded by the guards, for twenty hours, before any answer was returned. On M. DEGOUT's return, he fummoned the affembly, and defired them to point out M. d'Efpremevil and Monfambert, on pain of being guilty of high treafon. These members then requested the permiffion of the Court to deliver themfelves up. Before they retired, M. d'Efpremevil made a very affecting fpeech to the Court, which was received with the most profound attention and respect. He was then conducted to the ftate prifon of the islands of St. Marguerite, and M. de Monfambert to that of Pierre encife. On the 7th of May the following address was read in Parliament, to be prefented to his Majesty the following day, at the Affembly of the bed of justice. On Thurfday the 8th, on the King's entering the Court, the Prefident delivered him the addrefs. After entering their formal protefts against the confinement of the two magiftrates, they addrefs his Majefty as follows: "SIRE, Your Parliament is confirmed, by every proceeding, of the entire innovation which is aimed at in the fyftem of Monarchy. At the moment even when your Parliament was offering their fufpicions and remonstrances at the foot of the throne, an act of abfolute authority is exercifed in your name againft two magiftrates, whofe condu&t is irreproachable, and who fhould rather deferve your Majelly's protection for their fupport of the rights of Monarchy. At the time that the Deputies of Parlament were foliciting an audience at the foot of the throne, which public circumftance feemed to require, the feat of fovereign juftice was invested by a body of armed people, who committed acts of violence in the middle of the night, and at the time your Parliament was fitting. Your Majefly has been advifed not to receive the Deputation of your Parliament, because you had not been made acquainted of their coming by a fpecial meffage. The efforts that have been made to conceal truth from your knowledge but too plainly indicate the changes in the conftitution which the enemies of Magistracy have endeavoured to effect fince 1771; and which they flatter themfelves to attain by a fpecious plaufibility. Your Majefty, in fummoning your Parliament to the throne, was about to cons ciliate the love of your people by a measure fo conformable to ancient practice. But, SILE, the French nation will never adopt the defpotic measures which you are advised to, and whofe effects alarm the most faith ful of your Magiftrates. We fhall not repeat all the unfortunate circumstances which afflict us; we shall only reprefent to you, with refpectful firmness, that the fundamental laws, of the kingdom must not be trampled on, and that your authority can only be efteemed 451 fo long as it is tempered with juftice. It is the interefts of the nation which have determined each and every member not to take any part, either as a body or as individuals, in any tunctions which may be the confequences of new regulations; nor will they affilt in any measures which are not the unanimous refolutions of Parliament, endued with all its privileges. Such is the nature of the French Monarchy; and we beseech your Majefty not to fuffer apparent or momentary advantages to divert your attention, as they may only produce unhappy confequences. This objection is of fuch importance to the public tranquillity, that the confideration of it abforbs every other fentiment, and scarcely leaves us power to befeech your juice in favour of the two magiftrates who have been recently torn from us, attended by circumftances which we dare not delcribe. MAJESTY will fooner or later difcover the juftice of our reprefentations; and, in whatever fituation your Parliament may find itfelf, it will feel the pleafing and coufcious fatisfaction of having uted its belt endeavours for the SERVICE OF THE KING AND THE NATION." Your On the opening of the Bed of Justice in the Affemby des Notables the fame day; his Majesty made the following speech, as a prelude to the REFORM OF GOVERNMENT he was about to inftitute. By a minute enquiry into its merits, it will be found to contain a complete reverfion of the whole fytiem of Government. "It is now twelve months paft, that my Parliament of Paris has continued to comme the greatest exceffes. Its members have not only endeavoured to place themselves on a level with my authority, but they have even dared to affert, that no a&t had force, if not enregistered. They have declared that they were not obliged to do it, although the nation foffered by their refulal. The Provincial Parliaments have followed their example in their pretenfions and undertakings, -the confequence has been, that the most neceffary laws have not been executed,that all the most useful operations of Government have been flopped, and that public cr dit is diminished,-that justice has been fufpended, and in thurt that the national tranquillity is overthrown. The fuppretion of thofe exceffes is what I owe to my tubjectsto myfelf and to my fucceffors. I might. have punished them, but I rather chufe to prevent their effects. I bave been obliged to punish a few of the Magiftrates; but, though it was indifpenfable, I have done it with reluctance. I will not then annihilate my Parliament; but I will bring them back to their duty, and the limits of their inftitution. I mean to avail myself of converting this momentary tempel, to a falutary epocha for my people, to begin the reformation of judicial proceedings by the tribunals on which they are to be founded; to procure |