At length, in August, 1727, not very long after the installation of Cardinal Fleury in the office of Prime Minister, Daguesseau was recalled. At the same time the seals were not given back to him, but intrusted to Chauvelin as Lord Keeper. The Parliament wished to make some resistance on this point, but Daguesseau, who, as he grew in years, seems to have grown also in reverence for the royal authority, dissuaded and silenced them. Even before his restoration to power, his advice to his son marks strongly the moderation of his views. “Never push the government to extremes,” writes he (Lettres Inédites, p. 254). “We should all feel the great distance that exists between a king and his subjects. Moderation is the most efficacious. If the Parliament take too strong a resolution, it will but justify the rigour of the government.” We no longer recognize here the bold man who withstood the threats of Louis XIV.
His character for consistency and principle suffered in consequence. In 1732, the old quarrel of ultra-montanism and Jesuits was renewed with great animosity. Some bishops and ecclesiastics resisted the Papal Bull. Those who suffered for their opposition appealed to the Parliament, who, as of old, upheld liberty of conscience, and, in connexion with it, personal freedom. Daguesseau sought to act as moderator, to calm at once the resistance of the Parliament and the rigour of the court. He was obliged, in consequence, to make himself party to some of the complaints of the one, and to some acts of persecution on the part of the other. Four of the more violent young counsellors were exiled. The high personal character of the Chancellor alone enabled him to bear up against the obloquy and reproach that were directed against him from both sides; but fortunately the storm was of short duration, for the menaces of foreign war drowned the voices of ecclesiastical and legal disputants. On the disgrace of Chauvelin, in 1737, the seals were returned to Daguesseau, who thus once more reunited in his person all the functions and honours of his place. He kept them until the year 1750, when, feeling that his infirmities rendered him incapable of performing his duty, he resigned. At the King’s request, he retained the titular dignity of Chancellor until his death, February 9, 1751.
It is hard, in a brief and popular memoir, to assign reasons for the high reputation enjoyed by Daguesseau. His celebrity is rather traditional than historical; it can be appreciated only by those skilled in the science and history of French law, by those who are acquainted with the great and innumerable ameliorations wrought in the system of law and legal proceeding by his assiduity and talents. Indeed that part of his career, which is necessarily most prominent in history, the share which he took in politics and administration, was by far the least honourable. Renowned as a pleader, his very talents in this respect are said to have unfitted him for judicial functions. “Long habits of the parquet (the office of the Attorney-General) had perverted his talents. The practice is there to collect, to examine, to weigh, and compare the reasons of two different parties; to display, in different balances, their various arguments, with all the grace and flowers of eloquence, omitting nothing on either side, so that no one could perceive to which side the Advocate-General leaned. The continual habit of this during twenty-four years, joined to the natural scruples of a conscientious man, and the ever-starting points and objections of the learned one, had moulded him into a character of incertitude, out of which he could never escape. To decide was an accouchement with him, so painful was it.” From this account by St. Simon, we learn how honourable and impartial was the office of the public accuser in the old French courts; and that he blended with his functions the high impartiality of the judge; a characteristic that the office has since lost, in that court at least. It also explains the Chancellor’s indecision, and his failure as a judge. Whatever were his defects as a decider of causes, he made amends by his talents as a legislator and an organizer of jurisprudence. To this, indeed, he gave himself up in his latter years almost exclusively, declining to meddle more with politics, and devoting himself to ameliorate the laws and the forms of procedure. It is on this subject that it is difficult to explain his merits to the reader. One of the first objects of his attention was to separate the functions of the Grand Council from those of the Parliament. When he resumed the seals in 1737, he suppressed the Judges and Presidents of the former court, to do away with its pretensions of usurping the place of the Parliament. He at the same time collected and remodelled the law of appeals, and regulated the respective jurisdiction of different courts; and we learn from Isambert, that the Ordonnance issued by him at this period still serves as the rule of law procedure before the Court of Cassation and the Council of State. The law for repressing forgery formed the subject of another long Ordonnance. The next legal subject of importance that absorbed the attention of Daguesseau was that of Entails. This forms the subject of a voluminous Ordonnance, bearing date August, 1747. One of its clauses nullifies entails extending beyond two degrees, not including the testator. An Ordonnance, signed May, 1749, not enough attended to, establishes a sinking fund for paying the debts of the state, and the levy of a twentieth to constitute it. The question of Mortmain is the subject of an Edict in the same year. Wills form another source of legal difficulties which Daguesseau sought to simplify or remove.
The character of Daguesseau has been drawn minutely, and at great length, by one of the most penetrating of his contemporaries, who sat at the council board with him, and was his most decided political enemy. Nevertheless, we need go no farther than this very writer, the Duc de St. Simon, for a record of the Chancellor’s virtues and genius:—“An infinity of talent, assiduity, penetration, knowledge of all kinds, all the gravity of a magistrate, piety and innocence of morals, formed the foundation of his character. He might be considered incorruptible (St. Simon makes an exception); and with all this, mild, good, humane, of ready and agreeable access, full of gaiety, and poignant pleasantry, without ever hurting; temperate, polished without pride, noble without a stain of avarice. Who would not imagine that such a man would have made an admirable Chancellor? Yet in this he disappointed the world.” His faults, according to the same writer, were indecision as a judge, and too high a respect for the Parliament and the legal profession, to which St. Simon asserts he sacrificed the royal authority. In this the aristocratic writer is mistaken. Daguesseau compromised too much for the independence of Parliament; it is among his faults. “He was the slave of the most precise purity of diction, not perceiving how excess of care rendered him obscure and unintelligible. His taste for science added to his other defects. He was fond of languages, especially the learned ones, and took infinite delight in physics and mathematics; nor did he even let metaphysics alone: in fact, it was for science that he was born. He would, indeed, have made an excellent First President, Chief Judge of Parliament; but he would have been best placed of all at the head of the literature of the country, of the Academies, the Observatory, the Royal College, the Libraries; there his tediousness would have incommoded no one, &c.” In short, the Duke, in his scheme of restoring the aristocracy to exclusive influence, found the Chancellor in his way, and wished him out of it. He tells us that Daguesseau was of middling stature, with a full and agreeable countenance, even to the last expressive of wisdom and of wit.
Engraved by E. Scriven.
CROMWELL.
From the Picture presented by Cromwell To Coll. Rich,
and bequeathed by his great grandson, Sir Robt. Rich, Bart. to the British Museum.
Under the Superintendance of the Society far the Diffusion of Useful Knowledge.
London. Published by Charles Knight, Ludgate Street, & Pall Mall East.
CROMWELL.
There have been few men known to history, who can be worthily compared with the subject of these pages for the extraordinary circumstances of their rise to power, or for their prudence and greatness in its enjoyment. We see in him a man of middle rank and moderate fortune, breaking out from privacy, if not obscurity, at a time of life when the fame of most men is at its meridian, of many at its close, and in a very few years raising himself to absolute power on the shoulders of his friends and on the necks of his enemies; and though we censure both the end of his political labours and the measures which led the way to it, yet in both there is much left for us to respect and to admire.
Oliver, the only son of Robert Cromwell and Elizabeth Stuart (the daughter of a knightly family in the Isle of Ely, said to have been related to the royal house), was born at Huntingdon, April 24, 1599. His grandfather, Sir Henry Cromwell, was four times Sheriff of the counties of Cambridge and Huntingdon; his uncle, Sir Oliver Cromwell, after whom he was named, was reputed to be the richest knight in England; and his family was related to the Earls of Essex, and to the houses of Hampden, St. John, and Barrington. It is necessary to mention the respectability of Cromwell’s connexions, because he is reported to have been a man of mean birth, by persons who vainly thought to fix a stigma on his great name by assigning to him a low origin.