XXIII. 1788. BOOK not constructed on a very popular plan. The ju risdiction of civil and criminal causes is in the cities consigned to the magistrates, under various equitable restrictions. In the villages it nominally appertains to the lords of the manors or baronies; but it is in fact exercised by respectable persons, chosen for the most part by the inhabitants themselves, from whose decision an appeal lies to the baronial courts. The supreme tribunal of justice is established at Brussels, and it is distinguished by the appellation of the Council of Brabant. Its functions are not, however, merely judicial. It is also a council of state, and participates largely in the executive power-for no act of the sovereign is valid till confirmed by the council under the great seal of Brabant. These and many other privileges were, after long and fierce contentions, guarantied for ever to the people of Brabant, by a charter granted by one of the antient dukes, and which, from the triumphal procession of the prince into his capital, on the original execution of it, is denominated the JOYEUSE entree. . The acuteness of philosophical and political theorists would no doubt detect with ease the gross defects of this rude and artless sketch of a free constitution. But its general and essential excellence is sufficiently demonstrated by the prosperous state of the country, and the passionate attachment of the people to their established form of XXIII. novations government. This free form of government Jo- BOOK seph the Second had, from deliberate malice, or, 1788. more candidly speaking, from excess of presump-His tytion and folly, determined to subvert and destroy, rannical inOn the first of January, 1787, two imperial edicts in Brabant. were issued, formally suppressing the antient institutions, and even the Great Council of Brabant; establishing in their stead a new council of general government, assisted by tribunals erected on the severe and arbitrary model of those actually exist. ing under the proper Austrian government. As if this were not enough to rouse the spirit of resistance in the nation, the emperor, careful to heighten the enthusiasm of civil liberty with the rage of religious bigotry, annihilated at the same time the charter of the university of Louvain, and established a new general seminary for the study of theology—the professors to be nominated by the sole authority of the emperor. A violent and universal commotion instantly took place; and the states of Brabant, Flanders, and Hainault, assembling, forbade the people in express terms to pay any regard to the late edicts. All ranks of men enrolled themselves in military associations for their common defence. Deputies were dispatched to Vienna to represent their grievances, and to remonstrate with the emperor in person against these atrocious and unprecedented violations of their rights. Agreeably to the irresolute XXIII. 1788. BOOK and inconsistent policy of the emperor, the depu ties, notwithstanding his previous menaces of vengeance, were most graciously received at the imperial court. The sovereign professed himself well-disposed to restore their antient privileges as contained in the Joyeuse Entrée, and intimated an intention of visiting the Netherlands, to take measures with the states for the welfare of the people. In the mean time count Murray, the Austrian governor, published a proclamation, completely revoking the late proceedings, and re-establishing the antient government. Happily for the people of Flanders, the capricious politics of the emperor had by this time directed their views to a distant and opposite quarter. The advantages acquired by Russia, in consequence of the treaty of 1784, excited the chagrin and envy of that monarch; and the Turkish empire at this period presenting an easy and inviting prospect of conquest, a negotiation was set on foot with this view between the two imperial courts; and in the spring of 1787 a conference took place between the czarina and the emperor at the new capital of Cherson, whither the empress of the Russias had with great pomp and splendor repaired, in order to her inauguration as sovereign of the Taurica. Scarcely did she deign to affect concealment of her hostile intentions; and over one of the gates of the city she caused to be inscribed, "This is the gate which leads to BYZANTIUM." XXIII. tween Rus and The Ottoman Porte, fully apprised of the BOOK machinations of the imperial courts, took a hasty 1788. resolution, notwithstanding her own extreme war beunpreparedness for commencing offensive operations, to publish an immediate declaration of war against Russia-in the hope probably of being able to conciliate the emperor before his plan of hostility was fully matured. This however was a vain expectation; the emperor ordering, after a very short interval, a memorial to be delivered by his ambassador at Constantinople, stating, "that he was compelled by treaty to assist his ally the czarina with 80,000 men; and if this should be considered by the Porte as an act of hostility, he was prepared for every event." Not waiting the answer, he made, on the 2d of December 1787, a most perfidious attempt to surprise the fortress of Belgrade. Being disappointed in this enterprise, he thought proper to offer an apology for his conduct, which only served by its futility to demonstrate the weakness of the government which condescended to accept it. tween the and Otto The imperial manifesto, containing a formal War bedeclaration of war, at length appeared, February imperial 1788. Contrary to the antient barbarous practice, man courts. the ambassadors of both the imperial courts were suffered to depart from Constantinople without molestation. The answer to the Austrian decla ration, in a calm and dignified manner, reproaches W 260 BOOK the emperor with " wantonly violating a peace of 1788. injury or pretext. Numerous instances are adduced, in which, for the preservation of peace, the Sublime Porte had complied with unreasonable requisitions: and they justly observe, that they had never upon any occasion taken advantage of the embarrassments of the house of Austria, but had always acted with a liberality and good faith ill requited in the present instance,” The operations of the Germans were in the commencement of the war far from successful. Little impression could be made upon the Turkish frontier; and no sooner had the grand-vizier taken the command of the army, than the Turks became the assailants; and the emperor, who commanded in person, after suffering repeated losses, was compelled to a precipitate and disgraceful retreat, leaving the Bannat and the Lower Hungary to the mercy of the enemy. On the western side, however, where the famous mareschal Laudohn commanded, the towns of Dubitza and Novi were reduced, after a vigorous defence. On the eastern quarter, the city of Choczim surrendered, September 29th, to the united arms of Russia and Austria. And before the end of the year, the important fortress of Oczakow, after sustaining a siege of several months, was carried by storm; the Russians marching to the assault over the frozen snow, |