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Lansdowne Mss., vol. 148, fol. 88-1602, July | Caligula E. x., fol. 408; August 26, C, Birch 2, S, Lansdowne Mss., vol. 169, fol. 151. Mss., additional, 4115, p. 143. THE STATES LORD BURGHLEY, 1530, March 2, S. Cott, GENERAL, 1595, Sept. 7, C, Cott. Mss., Galba Mss., Galba E. vi., fol. 4.-1582, July 23, S. D. xi., fol. 136.-1597, Feb., C, Cott. Mss., Lansdowne Mss., vol. 35, art. 58.-1583, De- Vespasian F. v., fol. 393.-BIDOSSAN, 1595, cember, A, Lansdowne Mss., vol. 38, art. 59.- November 9, C, Birch Mss., additional 4114, p. 1584, April, A, Lansdowne Mss., vol. 42, art. 95.-EARL OF ESSEX, 1595, December 4, 24.-1585 November 8, A, Cott. Mss., Galba E. C, Birch, Mss., 4114, p. 170; December 28, C, vi., fol. 283.-1586, January 23, S, Cott. Mss., Birch Mss, 4114, p. 207.-DUKE DE BOUGalba E. vi., fol. 296; February 27, S, Cott. ILLON, 1596, September 7, C, Cott. Mss., CaMss., Galba E. vi., fol. 286.-1597, December ligula E. ix., fol. 358; November 18, C, Cott. 14, S, Lansdowne Mss., vol. 53, art. 31.-1588, Mss., Caligula E. x., fol. 150.-ISAAC CAJanuary 15, S, Lansdowne Mss., vol. 59, art. 3; SAUBON, 1599, January, S, Burney Mss., vol. August, A, Lansdowne Mss., vol. 57, art. 32. 367, fol. 129; 1600, August, S, Burney Mss., 1589, May 10, S, Lansdowne Mss., vol. 60, fol. vol. 367, fol. 130.-THE ELECTOR PALA62; May 14, S, Lansdowne Mss., vol. 60, fol. TINE, 1603, July 7, C, Cott. Mss., Caligula E. 63; August 13, S, Cott. Mss., Caligula E. vii., x., fol. 408.-MYROM, 1603, September 1, C, fol. 313, slightly injured by fire; September 27, Cott. Mss., Caligula E. x., fol. 294. DE A, Lansdowne Mss., vol. 60, fol. 69; October FLERS, no date, A, Harleian Mss., 4449, fol. 20, S, Lansdowne Mss, vol. 60, fol. 70; No-25, 26.-BUZENVAL, 1587, July 20 and Auvember 30, S, Lansdowne Mss., vol. 60, fol. 72. gust 3, S, the latter in cipher, Lansdowne Mss., -1591, March 4, S, Cott. Mss., Caligula E. vii., vol. 53, art. 26.* fol. 365, slightly injured by fire; June 19, C, Cott. Mss., Caligula E. viii., fol. 75.-1593, March 29, S, Lansdowne Mss, vol. 76, art. 65. -1594, April 7, S, Cott. Mss, Caligula E. ix., fol. 234, slightly injured by fire.-1596, January 22, S, Cott. Mss., Caligula E. ix., fol. 234.

ART. IV.-1. Mémoires de Monsieur Gisquet, ancien Préfet de Police, écrits par lui-même.

2. Mémoires tirés des Archives de la Police. Par J. PEUCHET.

EARL OF SUSSEX, 1550, April 13, S, Cott. Mss., Titus B. vii., fol. 319; no date, S, Cott. Mss., Titus B. vii., fol. 407.-SIR F. WAL- THERE is nothing extraordinary in the fact SINGHAM, 1585, February 26, S, Cott. Mss., of any institution whatsoever being changed Caligula E. vii., fol. 277, slightly injured by fire; March 12, S, Harleian Mss., vol. 376, fol. 5.-in process of time, not alone in character, 1586, August 28, A, Harleian Mss., vol. 1582, but in object also; for it is an occurrence fol. 114. THE PARLIAMENT AT PARIS, that is daily taking place before our eyes. 1595, October 11, C, Lansdowne Mss. vol. 45, Corruption creeps into these as into man's art. 17.-TO THE SORBONNE, 1585, Octo- other works, and the instances are very rare ber 10, C, Lansdowne Mss., vol. 45, art. 17. of any institution, like freemasonry, only DU PLESSIS, 1586, September 23, A, Cott. Mss., Nero B. vii., fol. 380.-BACON, 1586, undergoing an alteration for the extension of September 23, A, Cott. Mss., Nero B. vii. fol. the sphere of its beneficence, and the assump383.-EARL OF LEICESTER, 1586, no month, tion of purer and higher purposes than it had A, Cott. Mss., Caligula E. vii., fol. 299, slightly in view at its first foundation. We will not, injured by fire.-SIR H. STAFFORD, 1590, therefore, venture to call the fact extraordiMay 6, S. Cott. Mss., Caligula E. vii., fol. 279, nary, that in various countries the institution slightly injured by fire; 1591, March 4, S, Cott. of police, the first great object of which was Mss., Caligula E. vii., fol. 255, slightly injured the protection of the honest and industrious by fire.-DUKE DE LONGUEVILLE, 1590, March 14, C, Cott. Mss., Galba D. vii., fol. 86 by the active vigilance of the law, should b.-SIR H. UNTON, 1591, August 15, S, Cott. have deviated before the end of the last cenMss., Caligula E. viii, fol. 10.-1592, March tury into a means of oppression and tyranny. 28, S, Cott, Mss., Caligula E. viii.. fol. 533.-- It is however really extraordinary, that in BARTON, 1592, September 30, copy in English, Cott. Mss., Caligula E. xii., fol. 354, slightly injured by fire.-DE BEAUVOIR, 1593, May 16, C, the original was written in cipher, Cott. Mss., Caligula E. ix., fol. 128, slightly injured by fire.--JOSEPH SCALIGER, 1593, April 20, C, Burney Mss., vol. 371, fol. 132.-JAMES VI. OF SCOTLAND, 1594, September, C, Cott. Mss., Caligula E. ix., fol. 272; November 7, C, Cott. Mss., Caligula E ix., fol. 274.-JAMES I. OF ENGLAND, 1603. June 2, S, Harleian Mss., vol. 1760, fol. 26.-1605, March 6, S, Cott. Mss., Caligula E. xi., fol. 218, slightly injured by fire; March, C, Cott. Mss., Caligula, E. xi., fol. 291; September 27, C, Cott. Mss.. Caligula E. xi., fol. 255, slightly injured by fire.-ANTONIO PERES, 1595, April 30, C, Cott. Mss.,

In our catalogue of the manuscript letters of Henri IV., which are contained in the British Museum, we accidentally omitted to mention a collection of seventy-four, all in his own handwriting, addressed to his chancellor, M. de Bellyevre. Additional MSS. 5473. They were discovered in the archives of the Bastille. The Abbé Rive printed a short dissertation on them, in which he says, "Le sujet de nôtre (recueil) qui n'a jamais été ní imprimé, ni vu des savants, roule sur plusieures matières intéressantes-les abus dans les finances, les monnayes, &c., les dettes de l'Etat, et les moyens de les éteindre, tant dans les pays étrangers qu'envers ses sujets: quelques unes concernent le commerce des cendres et l'échange en Hollande, des toiles contre les laines d'Espagne, l'exportation des soyeries, &c."

any land, as was the case with France, the A somewhat comprehensive definition we depravation of the whole system of police may well pronounce it, and one capable of should be so great as to leave, after the great containing anything which the most oppresearthquake of the first revolution had shaken sive power might wish to place amongst the the whole fabric to the ground, but a mass of functions of the police; but we must hear false views, wrong principles, and dangerous our author still further, when we shall find attributions, out of which it was impossible the attributions claimed more definite, but not to pick one sound and solid stone wherewith less extensive and dangerous. to form the basis of a new edifice. That it was so, may soon be shown; and yet out of the rubbish of what went before, together with materials still more rotten and unsafe, thrown up by that earthquake, France has persisted in framing her new system of police, as the memoirs of M. Gisquet most clearly demonstrate.

Amongst all civilized nations the laws have forbidden murder, arson, robbery, and almost all the acts treated as crimes or offences by our codes. A magistracy charged with the punishment of culprits has been found necessary, therefore, in every regular society; but the laws have not been able to embrace in their arrangements a crowd of cases, and of incidents which, though certainly of a less serious character, are none the In no European tongue that we know of less prejudicial to the well-being of the governed. has a really scientific essay upon police been On this account at all periods, in all countries, produced-no, not even in English, though and whatever has been the form of government, the mind of the reader may very likely revert the laws have wisely confided to an authority to two or three clever works upon the sub-analogous to our municipal power the task of ject; and though it must be admitted that supplying, as the good father of a family, the defect in legislation."*—Ibid. we have treated it more scientifically than most other nations. We at least have never forgotten the great end and object of police, and have aimed at it throughout simply and directly, though probably we might have arrived at it more surely if the fundamental principles of the science had been more definitely stated. In other countries, however, almost without exception, the end has either been absolutely mistaken, or combined with so many other objects totally foreign to it, as to leave the real purpose of the institution but a very small place. These fundamental errors have been followed by errors of detail, both in execution and design: the theory has been vicious, and the practice not less Our excellent friends, the Germans, who systematize everything, have made it a study, but have wandered wide of scientific principles, and for the very best of all possible reasons: because, properly considered, police is the institution of a free people, for the purpose of practically affording to all men the promised protection of the law. The object to be aimed at is general security: the danger to be eschewed is encroachment upon rational liberty.

so.

But let us see what is M. Gisquet's view of the general question: we shall have to notice some of his opinions in regard to details hereafter.

"The mission of the police," he says, "is to protect persons and property, to watch over the security of all, and consequently to sweep away injurious causes,* to ensure the execution of the laws, and to prescribe every measure of order required by the public interest.”—Memoires de Gisquet, vol. i. p.

3.

Faire disparaitre les causes nuisibles."

But we must beg leave to deny both the premises and the inference. Without wishing to pronounce a fulsome panegyric upon our native land, we may be permitted to say that in this happy country-the only country perhaps in the world where civil liberty is rightly understood there is no authority, there is no need of any authority destined to supply "le silence de la législation," because there is scarcely a conceivable case upon which the law is silent. We may boldly take upon us to say that there is no public functionary whatsoever, from the secretary for the home department-who comprises in his attributions all those that ought justly to be intrusted to a préfet de police-to A, No. 42, now walking down the Strand, who is entitled to act either against the law, beyond the law, or without the law. If he does, he is punishable by the law. The very supposition that in any state there is a power which is charged "de suppléer, en bon père de famille, au silence de la législation," implies that certain men are authorized to make laws for certain cases independent of the great legislative body; an anomaly incompatible with the first principles of civil liberty. Such a doctrine might be very well under a form of government where any one man could venture to say "L'Etat c'est moi!" but cannot be tolerated where there is a pretence of freedom. A very great and serious doubt may arise whether an elected legislative body have a constitutional right to depute any other body of men to frame and carry into effect laws, or regulations tantamount to laws affecting the

"Le soin de suppléer, en bon père de famille, au silence de la législation."

whole community, in order to meet any circumstances whatsoever, without each of those laws or regulations being submitted actually to the consideration of the legislature. But into that branch of the subject we are not called to enter: suffice it that no such authority is even tacitly intrusted to the police in this country, and that in all its branches, acts, and functions, it is merely the servant and agent of the law.

scarcely one officer in the whole countless multitude of the Athenian magistrates who had not some of the functions of Bow-street attributed to him. The Archon or Eponymous himself often enacted the part of Mr. Hall, when he fines a gentleman five shillings for being drunk. The Basileus examined into cases of murder, and committed the prisoner for trial at the assizes of the Areopagus; and the Thesmothetæ were the whole court of aldermen. The Astynomi took charge of the police of the streets, and kept a wary eye upon fiddlers and balladsingers, and the Toxoti were a regular constabulary force under the Lexiarchi or police

What, then, it may be asked, is no discretionary power intrusted to magistrates? Certainly none in judging of crimes or misdemeanours of any kind. The law defines clearly every offence: the magistrate either absolves or convicts, or if he has not jurisdic- sergeants. But we will not dwell on this tion from the nature of the charge, he sends the accused for trial to a superior tribunal. His only discretionary power is in regard to the amount of punishment in certain cases of conviction, and even to that the law affixes an exact limit, beyond which he cannot travel. Even against the power of conviction for minor offences, without trial by a jury, and the power of committal for the judgment of a higher court, the law has taken such precautions, and provided so many safeguards, that it is scarcely possible the private passions or follies of a magistrate should produce any act of flagrant injustice. But enough of this, we trust, if there really be such a "silence de la législation" in France as to justify the authority which is claimed for the police, that silence will soon be broken by a clear definition of offences, and just discrimination of punishments, so as to take away the necessity or the pretext for an irresponsible power most dangerous to the civil liberties of any people where it exists.

Of the necessary functions of the police of a great state, we shall have to say a few words hereafter. At present we will follow M. Gisquet, who, in affecting not to do a bit of erudition,'* as his expression may be very closely translated into the vulgar tongue, brings Athens and its Archons on the stage in a note. It is true his erudition is somewhat meagre, for he satisfies himself with saying, that the Archontes at Athens joined to their more extended powers the functions of municipal magistrates.' He might have gone further, and said that from the very nature of the Athenian commonwealth, the es tablishment of a good police was one of the chief objects of jurisprudence in that country. It was, in fact, a necessity of the condition of the Athenian people; and so intimately were the details of police blended with the whole system of government, that we find

Faire de l'érudition."

part of the subject: the police system of France will never derive any elucidation from that of Athens, and that of Athens will never derive any from Monsieur Gisquet. The only man, perhaps, who would have given a grand and fine view of Athenian law, is now gone for ever; and we regret to say, that the unrivalled picture of Athens, her arts, her commerce, and her institutions, which his hand did draw, is closed by a prohibition against its ever being published. Great, indeed, is the loss to the world, but greater still that the same prohibition was affixed by the incomparable Lord Stowel to his other papers also; and that arguments, illustrations, and decisions, many of which would enlighten and convince the most obstinate upon subjects even now in dispute and obscurity, are thus hidden for ever. For ever is indeed, we trust, too stern a word; and we cannot but suggest to the noble personage who has those invaluable papers in charge, that, without violating the injunction of the deceased, they might be given to the trustees of the British Museum as a source of reference upon many important occasions, with the same prohibition against publication under which they are at present held. Since the time when we were permitted, during several nights of high intellectual enjoyment, to examine those records of a wonderful mind, no less than three disputes, involving questions of vast importance to England, have occurred, in settling which, opinions that we saw in those papers would have been invaluable. Will the executors of Lord Stowel suffer the country thus to be deprived of a great benefit?

To return to M. Gisquet, however, with many apologies for this excursion, we will not follow our author through his sketch of the police history of France from Clovis to Louis Seize. It is, indeed, nothing more than a thin catalogue of acts and magistrates; but we must not make this a matter of re

M. Gisquet was appointed prefect of police on the 26th of December, 1831, after having occupied for some time a post in the office of which he now became the headfirst, as secretary general, and then as préfet par intérim.

proach to M. Gisquet, as it was his own memoirs he sat down to write, and not that more interesting work, "A_General View of the Rise and Progress of French Police." We may have to show by a few anecdotes of other times, what was the state of the police amongst our Gallic neighbours before the Having dwelt with some natural complaRevolution; but at present we will go into cency upon the circumstances attending his some of the details of late years, in which the appointment, he goes on in a pellucid manner admitted facts read a pellucid commentary to give a general view of the state of the pubupon M. Gisquet's history of the functions of lic mind at that extraordinary and difficult the municipal power. It will not be neces- epoch at which he was called on to direct sary to say much of the ex prefect himself; the great engine of the French police, and for, though his book is written in defence of we cannot help pointing out that a spirit of his own conduct, it is the system which it order and methodical arrangement was the displays that really merits attention. Per- grand characteristic of this gentleman's adhaps Monsieur Gisquet may have been some- ministration; which spirit finds its way into what hardly treated, and he assures us that his "Mémoires," and renders the whole dehe has; but the public is not very strong in tails peculiarly clear and definite. On his its sympathies, and it is less likely to weep view of the five classes in which he ranges over the injuries which the ex-prefect of po- the population of Paris, and on the political lice displays, than to laugh at the picture parties in which its various parts distributed éminemment Français which he draws of themselves, we shall not dwell at this mohimself. We cannot refrain from giving this ment; for the functions of the French portrait, which is as follows: police are clearly divided into two great branches, political and civil, and it is with "I believe myself to be frank, sincere, disin- the latter that we wish principally to deal; terested; that I take pleasure in doing good, though we may be obliged to touch upon the and often even beyond the limits of my means; excuses that are offered for extending the that my tastes retain all the simplicity of the habits of a middle station; that my disposition, sphere of police interference to objects and though susceptible and choleric, is incapable of purposes far beyond its just and natural limdisguise; that none is more faithful in his af-its. It is as a civil and not a political agent fections than I am; that I love to deny myself that we would desire to regard M. Gisquet, for my family and friends; that, far from seek- but we are well aware that we shall find it ing high station and honours, I only feel happy very difficult to separate the two characters; in an humble and obscure situation, preferring a and he himself says, "It is almost superfluous peaceful life and the sweets of friendship to the attractions of power. I will add, that my heart to explain that my mission was essentially is exempt from bitterness; that I have never political." (Chap. xiv.) known hate, nor preserved long, even legitimate rancour against those who have injured me."Gisquet Mémoires, chap. v.

Verily, if all men were like M. Gisquet, there would be no need of prefects of police; but that many are the very reverse of this fair portrait, is proved by every page of his "Mémoires." After speaking of himself as above cited, and having poured forth a good deal of anger upon journals and journalists, M. Gisquet proceeds to narrate some of the events of his early years, and then passes in brief review the acts of the Bourbon dynasty after its restoration. Some of his observations upon the policy of the princes who preceded the famous revolution of 1830, are sensible, though none of them profound; and we must leave all this portion of his work, as well as his notice of the revolution of July, in order to arrive at the period when our author appears upon the stage in all the dignity of his official functions.

In the first place, however, we must pause to give an abridgment of his account of the prefecture of police as organized under him in the end of December, 1831; for we find that when he was placed at its head a purification was found necessary, on account of a number of incompetent persons, for whom private interest had obtained places in that establishment. "Thus," he says, "the halt and the old were charged with services which required vigour and agility; the short-sighted were employed in inspections, where it was necessary to see clear; and agents hard of hearing, where the business was to listen.”— (Chap. xvi.)

After he had reformed these abuses, the number of officers attached to the prefecture of police,-without comprising the whole immense force of town-sergeants, inspectors, agents of the night-rounds, all, in short, designated in this country by the term of police force, as well as the inspectors of hotels and furnished lodgings, and the secret agents or

ayant un int rêt gouvernemental et qui ne sont pas dans la spécialité des bureaux." Oh, shade of Molière !

spies, without comprising any of these, the général, tous les travaux bureaucratique number of officers, clerks, &c., amounted to no less than eleven hundred and forty! What an awful picture does this give of that state of society which can require so many Monsieur Gisquet then proceeds to state a men to devote their whole powers, merely to great change that he made in the arrangement direct the engine by which it is kept in or- of affairs on entering upon his functions. der. But when we take this staff of eleven Before his time all the papers, reports, &c., hundred and forty, with all the brigades of except those addressed immediately to the town-sergeants, inspectors, agents of the night- bureau of the prefect, were at once disrounds, and spies, together with the military tributed amongst the other officers in the patroles, (which M. Gisquet also mentions,) prefecture to which they naturally belonged; we cannot but ask ourselves, Is all this necessary? Are the people of Paris so turbulent and so lawless as to require all this tremendous force to repress and correct them, or is the fault in the system?

We will now, however, look a little more closely into the prefecture of police and examine some of the details, where, though we may find good deal to excite surprise, and a good deal more to call for reprobation, we shall perceive also several provisions from which England might take a lesson, and a spirit of order and regularity which is by no means incompatible with the spirit of civil liberty that reigns in all the institutions of this country.

At the head of the establishment is, of course, the préfet de police himself, in whose peculiar cabinet or office are nineteen clerks. The business especially transacted in this office comprises, according to M. Gisquet, the following heads :

the subordinate agents dealt with the various cases brought to their notice as they thought fit, unless in matters of such difficulty that they found it necessary to submit them to their superior, and many minor abuses took place, besides the capital one of the prefect being kept in ignorance of much that was taking place under the sanction of his name. Monsieur Gisquet was the first who required that all the correspondence and reports should pass through his own office, so as to ensure a general knowledge of all the information that the police acquired each day, and of the particular affairs that occupied each of the subordinate offices in the prefecture.

The office of the secretary-general of police contained twenty-nine clerks, and its labours were principally directed to the regulation of the great establishment itself, and the choice, promotion, and dismissal of the officers employed; but besides these, the examination of the statutes of anonymous societies, the direction of the municipal guard, and of the The opening, analyzation, registry, and distri- large body of government firemen, the superbution to the various inferior offices to which they intendence of all public spectacles and have references, of all despatches, letters, and ceremonies, theatres, gaming-houses, public documents, the number of which amounts upon criers, bill-stickers, with everything relating the average to more than two thousand per diem-The correspondence of the prefect with to religion (that is to say, of course, as far as ministers and public officers on political affairs the police was concerned), to the "administraThe formation and classification of the dockets tion" of stamps, to the sale of gunpowder, and relating to politics-The making a digest" of to the pursuit of deserters, were all assigned the report sent in by the secret agents-The to the office of the secretary-general. preparation of a biographical repertory of all The next two offices are called the first persons who have figured in political affairs- and second divisions; the one carried on by (This report did not exist before my administra

tion, and at the time of my retirement it already a hundred and three officers of different ranks, comprised more than twelve thousand names) the other by fifty-two. We cannot pause to de The correspondence and administrative meas- tail all the various objects to which these two ures concerning foreign refugees."- Gisquet, offices directed their attention. Suffice that chap. xvi.

The next sentence we must put down in Monsieur Gisquet's own words; for though we have tried to give a bald and literal translation of the passages quoted, no English words could do justice to the modern French of the following, in which he sums up the other labours of his own particular office. "Et en

The word is depouillement, for which I cannot find an equivalent.

they were in general of a municipal character, and came more legitimately under the operation of the police than many other matters intrusted to that of France. We must notice, however, a few of these objects, which either are free from all supervision in England, come under the superintendence of other powers, or have special officers appointed for their regulation. Amongst those cited by Monsieur Gisquet, as peculiarly under the charge of the first and second divisions, are

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