He regulated the fucceffions of families, and as he had much at heart their prefervation, he made ufe of the means which he had feen practifed in England, to keep his Nobility in their genuine luftre and purity. He ordained that the real estates of the deceased parents fhould not be divided in equal portions among their children, but that they should defcend to one of the fons, or, in default of fuch, to one of the daughters: leaving to the father or the mother, or the furvivor of thefe, the right of chufing, among the boys, if there were more than one, or among the daughters, if there were no fons, him or her whom they fhould think proper to appoint the heir. And, if the parents died without making these dispositions, the right of feniority regulated the inheritance.

This Ordinance had another end, which was to oblige the younger fons, or those who were not called to the fucceffion, to devote themselves entirely to the military life, or to make their fortunes by applying themfelves to politics or commerce. Afterwards, by the regulation of the fale of eftates, it is faid that the younger children, or those who were excluded from fucceffion, could not purchafe their family-eftates, till after a limited time of military fervice, and that those who had indolently refused to bear arms, could never be admitted.

To perpetuate the great families, he ordained that when the laft heir male fhould be without iffue, he might convey his fortune to a perfon of the other fex, provided fhe were of the fame family, but on condition that the husband fhould take upon him the name of the family, from which the eftate defcended, that it might not be extinct. We have seen several inftances in the branches of Golowkin, Romandanowsky, Balck, Polet, and others. There was reason to forefee that this measure would produce the effect the great Monarch had promised himself. But that general liberty which parents had of chufing their fucceffors indifferently, occafioned, afterwards, fuch confufion and cabals, that the Emprefs Ann was perfuaded in the year 1731 to put the order of fucceffion on the ancient footing.

The Ordinance which Peter I. caufed to be published the 24th of December 1714 against the corruption of the Judges, is one of thofe that merit the higheft attention. The different Conftitations made after the publication of the Oulogeny had opened to the Judges a large field for the gratification of their avarice: And this evil, fo dangerous to the State, had gained imperceptibly on all manner of bufinefs, infomuch that the greatest part of it was tranfacted entirely by the spirit of Party, and it was well known that juftice would be knocked down to the best bidder. The Prince, defirous to ftrike at the root of a custom at once fo fcandalous and so pernicious, forbade the Judges and all others who were in any official capacity to take the leaft confideration from the client on any pretext whatever: he likewife forbade the client to attempt to corrupt the Judge, and the pains and penalties on the perfon convicted either of giving or receiving a bribe, were death and confifcation of goods. The Judges were to content themselves with the emoluments which the Prince had been pleased to annex to their appointments; and that none of thofe, who came of courfe and as their turn to the Judicial Offices, might excufe himself through ignorance of that regulation, it was

ordained

ordained that no perfon should be admitted to any Place in a Court of Judicature, who had not figned that Ordinance with his own hand. In 1716 he took new precautions against this abufe, by forbidding the Judges to determine any affair in their own chambers, requiring that every thing of this kind fhould be tranfacted in the Courts of Judicature publicly, and in the presence of those who composed

them.

Peter comprehended every thing in his plan, and nothing ef caped his attention. It would be endless to specify all the edicts he published within the space of seven years, on the detention of criminals, on the means of taking highwaymen, on the measures to be taken with those who were accused of the crime of lefe Majefty, on peculation, on the manner of announcing in full Senate the Idiots of either sex, who were declared incapable of fucceffion or contracting marriage, on compulsory marriages of children and fervants, and on the attention to be paid by the Judges to the reformation of criminal justice.

All these edicts fhewed how zealous the Monarch was to have the administration of juftice in his dominions conformed to the plan of other European Nations; but as these various regulations ferved only to pave the way to the great object he propofed, I pafs them flightly over to see him march with hafty steps, poffibly too ardent for the purpose, towards its execution.

In the year 1718, Peter being, after the matureft reflections, determined to adopt the model of the Swedish Government in preference to others, ordered a collection to be made at Stockholm of all the regulations and all the edicts, which he thought might be of any fervice to him. For the ancient Courts of Juftice, which they called Pirakes, he fubftituted Colleges, which he distinguished by the names of those feveral affairs, whereof they had the refpective cognizance; for inftance, the College of Foreign Affairs, of War, of the Admiralty, of the Finances, of Juftice, of Commerce, of Mines and Manufactures, to which he afterwards added the Exchequer, the Synod, and the Magiftracy.

'He determined what cafes fhould belong to the department of each College, ascertained the number of Members of which each fhould be composed; and for fear the new Judges fhould pafs the bounds of the authority repofed in them, he published what was called a general regulation, which entered minutely into the duties of their respective charges.

• More than this, he fent feveral perfons of credit into Germany, and to other European Courts, in order to engage men of learning and abilities, whom they should find worthy of filling Places in these new Colleges; and he allowed the Swedish prifoners who were in his dominions to be Candidates, provided they understood the language of the country.

It was an object with this wonderful man to have in Place a mixture of ftrangers and natives; perfuaded that the latter by modelling themselves upon the former, would acquire the civility and intelligence which they wanted, and that the others, by conforming themfelves to the customs of the country, would fall habitually into the character and idea of Citizens.

• To

To engage the young Nobility to apply to bufinefs, he ordered a fixed number to be taken into each Court, to pafs through the employments of the lower offices, in order to rife to the higher Departments of Judicature. He took care, indeed, that people of low birth in general should have no Place in the Courts of Juftice, unless their particular talents claimed an exception in their favour.

He likewife inftituted Judges of Aflize in the country, who had the right of giving judgment in the firft inftance, with orders to lay their decifions before Government. The appeal was carried from the Governor to the Court of Juftice, and from thence to the Senate, as the Dernier Refort. To render this laft mentioned Tribunal more refpectable, he published an edict forbidding all perfons whatever to carry any complaints to the Sovereign on cafes that had been heard before the established Courts, being defirous that every one should abide by the determination of the Senate. The edict added, if, notwithstanding, any one should have the prefumption to appeal from the Senate to the Sovereign, and fhould not be able to fupport his allegations, he should fuffer death, becaufe his conduct fhould be confidered as an impeachment of the honour and dignity of a Tribunal, over which the Sovereign prefided.

As matters of appeal might arife on which the Statute was filent, the Senate could determine nothing without knowing the refolutions of the Czar, and was to pronounce only according to the orders it fhould receive from him. That this measure might not expofe the parties to too long delay, a Master General of the Requests was appointed, whofe office, duly executed, was to procure prompt juftice on complaints against the lower Courts. This meafure, wife as it was, had its enemies; and certain memorials appeared charging with inhumanity the prohibiting appeals to the Monarch upon pain of death. But if we confider the multitude of bufinefs with which this Prince was overwhelmed for the general intereft of Society, wherein every inftitute was directed by himself, one cannot be furprised that he exempted himfelf from hearing complaints, which might be, for the most part, ill-founded *.

Peter's only object hitherto had been a ftrict attention to the Oulogeny, to the explication of obfcure parts, or the addition of new decifions on cafes neglected, or omitted. But as he more and more obferved the little advantage he derived from these applications, he fet himself seriously about forming a new Code.

*Such is the apology which the Chevalier D'Eon makes for an unpardonable fault in the great Prince whofe legiflation he defcribes ; the only palliation, indeed, which appears to fuggeft itself, but which is very infufficient to invalidate the charge. To debar the fubject from appealing, in very uncommon and extraordinary inftances, to the justice or humanity of his Prince, and this on pain of death, is not only an infringement of that eternal natural relation which fubfifts between the governor and the governed, but replete with a degree of barbarity that ftained not even the annals of the Eaft. Pyrrhus, no lefs arbitrary than Peter, and much more ferocious, refufed not to receive the petitions of his people, whatever regard he paid to them afterwards.

• The

The method he propofed was this. With regard to the Oulogeny and the Conftitutions made afterwards, to arrange the whole in diftinct articles, and, oppofite to each article, on the margin, to fet down the fenfe of the Swedish laws on the refpećtive heads, in matters civil and criminal, and the purport of the Livonian and Efthonian laws, in matters concerning fiefs.

For this purpose he appointed a Commiffion confifling of a certain number of perfons from different Courts, who, under the direction of the Senate, were to examine and select what should be found moft fuitable to the prefent fituation of Ruffia; after which, each article was to be prefented by the Committee to the Senate, who were to give their opinion thereupon to the Sovereign; and thus he flattered himfelf that, in a fhort time, he fhould go through this great work.

They applied to it without delay, and the Prince neglected nothing that might promote the zeal and fecond the endeavours of the Commiffioners. He was continually laying before them new matters that required their attention, or inftructing them in the manner of clearing up former difputes. In 1721 he published a new form of judiciary proceedings, which is followed in all the Courts of Justice at this day. Its brevity, I acknowledge, obliges them frequently to have recourse to the ancient code, which I have myfelf charged with infufficiency but it is to be obferved that he was now only to give the Commiflion a sketch for their guide, and that they were to extend and compleat it.

In 1722 the Emperor forbad, upon pain of death, any Judge to put an interpretation upon the Laws or Conftitutions, in order that they might be literally adhered to. Nevertheless he left the Chief Jultices at liberty to explain to the Senate any doubts that might accidentally arife; but they were obliged to wait the decifion, and likewife the approbation of the Emperor. And, that no one might efcape this law, he ordered that it should be pafted upon a fmall board and lie on the table during the feffions, that they might have their eyes continually upon it; and this is ftill cuftomary in all the Courts of the Empire.

To establish better order in the Senate and in the other departments of Juftice, he appointed for the ufe of the former an Attorney General, whofe office it was to afif at their feffions; to fee that bufinefs was conducted according to the laws and conflitutions of the empire; to attend to the due and speedy execution of the orders of the Court, and forthwith to enter in the registers every obstacle. This Officer had orders to obferve the zcal and attention with which every Senator difcharged the duties of his office. If he was found deficient he had a right to reprehend him publicly, and if his remon ftrances proved ineffectual, he might fufpend the courfe of bufinefs, and addrefs the Emperor, who should take cognizance of the offenders, and compel them to return to their duty.

This new Officer had alfo the fuperintendency of the Chancery, and of all that belonged to it. The Solicitor of the Treafury himfelf was obliged to lodge informations with him of all public delinquencies. So wide an official range being not easily filled by one man, the Emperor affociated with him in office the Solicitor Gene

ral, who was to affift him when prefent, and to fupply his place, when abfent. Both thefe Officers had it in ftrict charge to examine fuch laws and conftitutions, as were capable of a two-fold interpretation, and to propofe to the Sovereign the means of removing the ambiguity.

That the Magiftrates, charged with fuch important functions, might be treated with the greatest veneration and respect, he ordered that, as to what appertained to the execution of their office, they 'fhould be dependent on no one but himself; and in every fubaltern Court, he appointed perfons who, under the title of Attorneys, fhould reprefent the Attorney General; to whom they were to give an account of any thing that paffed in their respective Courts, contrary to the conftitutions, in order that he might rectify it by the authority of the Senate.

From fuch inftitutions, fuch care, pains and application, what would one not have hoped? Nevertheless, in the year 1723, the Commiffioners appointed to digeft the new Code, found that, after an application of five years, the firft measures had been fo ill taken, that there were no other means of coming at the end proposed, but beginning entirely upon a new plan. They reprefented to the Emperor that the ancient Code, the model of which they had followed, was so very unfyftematic, and the matter fo vilely arranged, that there was no poffibility of confining themselves to it, without leaving in the new one that confufion, which would be extremely prejudicial to public bufinefs, and that, therefore, they thought it necessary to give it fome other form.

• Concerned to find that fo much labour had been ineffectual, but refolved to furmount all difficulties, Peter allowed the Commiffioners in future to difpenfe with the usual adherence to the plan of the Oulogeny, and permitted them to take for their model the Code of Denmark, provided they were particularly careful to infert thofe Statutes of the ancient Ruffian Code, which were fsuitable to the manners and customs of the times.

For this purpose he caused to be printed in several small volumes all the laws that, in his wifdom, he had given to his people, as proper materials for the conduct of the new work. But at the time when, wholly intent upon his project, this great Prince had reafon to hope for the most certain fuccefs; Providence, unfearchable in all its purposes, cut him off in the midst of the most glorious career that ever Monarch maintained or pursued.

• His last moments were devoted to the indulgence of that fincere' defire he always had of giving to his people an impartial adminiftration of justice: witnefs the laft edict, which he published a few days before his death, wherein, not contented with having endeavoured to prevent the bribery of the Judges, he forbad all the people of the Court, of whatever condition, to pay any attention to the folicitations of those who had fuits at law, to fupport their pretenfions, or folicit the favour of the judges.

After the death of this incomparable Prince, his fucceffors, it is reasonable to fuppofe, would fhew the fame zeal, for accomplishing a work fo neceffary for the welfare of the empire; but one cannot be furprised if their efforts were unfuccefsful, when it is confidered

what