Philippe-Antoine Merlin, known as Merlin de Douai (, 30 October 1754 – 26 December 1838) was a French politician and

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...

Personal and public life

Early years

Merlin de Douai was born at

Arleux Arleux () is a commune in the Nord department in northern France. Geography The river Sensée joins the Canal du Nord at Arleux. Population Heraldry See also *Communes of the Nord department The following is a list of the 648 communes o ...

, Nord, and was called to the

Flemish Flemish (''Vlaams'') is a Low Franconian dialect cluster of the Dutch language. It is sometimes referred to as Flemish Dutch (), Belgian Dutch ( ), or Southern Dutch (). Flemish is native to Flanders, a historical region in northern Belgium; ...

bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separ ...

in 1775. He collaborated in the ''Répertoire de jurisprudence'', the later editions of which appeared under Merlin's superintendence, and contributed to other important legal compilations. In 1782 he purchased a position as royal secretary at the chancellery of the Flanders

parlement A ''parlement'' (), under the French Ancien Régime, was a provincial appellate court of the Kingdom of France. In 1789, France had 13 parlements, the oldest and most important of which was the Parlement of Paris. While both the modern Fre ...

. His reputation spread to Paris and he was consulted by leading magistrates. The

Duke of Orléans Duke of Orléans (french: Duc d'Orléans) was a French royal title usually granted by the King of France to one of his close relatives (usually a younger brother or son), or otherwise inherited through the male line. First created in 1344 by King ...

selected him to be a member of his privy council. As an elected member of the States-General for the

Third Estate The estates of the realm, or three estates, were the broad orders of social hierarchy used in Christendom (Christian Europe) from the Middle Ages to early modern Europe. Different systems for dividing society members into estates developed and ...

Douai Douai (, , ,; pcd, Doï; nl, Dowaai; formerly spelled Douay or Doway in English) is a city in the Nord département in northern France. It is a sub-prefecture of the department. Located on the river Scarpe some from Lille and from Arras, D ...

, he was one of the chief of those who applied the principles of liberty and equality embodied in the National Constituent Assembly's ''

Tennis Court Oath On 20 June 1789, the members of the French Third Estate took the Tennis Court Oath (french: Serment du Jeu de Paume) in the tennis court which had been built in 1686 for the use of the Versailles palace. Their vow "not to separate and to reasse ...

'' of 4 August 1789.

Career

On behalf of the committee, appointed to deal with ''

Ancien Régime ''Ancien'' may refer to * the French word for "ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

'' nobility rights, Merlin de Douai presented to the Assembly reports on

manorialism Manorialism, also known as the manor system or manorial system, was the method of land ownership (or "tenure") in parts of Europe, notably France and later England, during the Middle Ages. Its defining features included a large, sometimes forti ...

and the subjects of redistribution with compensation, and topics associated with that (hunting and fishing rights, forestry, etc.). He carried legislation for the abolition of

primogeniture Primogeniture ( ) is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relativ ...

, secured equality of

inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...

between relatives of the same degree, and between men and women. He also prepared the report for the Assembly which argued that no compensation should be paid to the German princes whose lands in

Alsace Alsace (, ; ; Low Alemannic German/ gsw-FR, Elsàss ; german: Elsass ; la, Alsatia) is a cultural region and a territorial collectivity in eastern France, on the west bank of the upper Rhine next to Germany and Switzerland. In 2020, it had ...

were forfeit when France incorporated them. His numerous reports were supplemented by popular exposition of current legislation in the ''Journal de legislation''. On the dissolution of the Assembly, he became

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

of the criminal court at Douai.

Convention

Although not always an advocate of violent measures, as deputy to the

National Convention The National Convention (french: link=no, Convention nationale) was the parliament of the Kingdom of France for one day and the French First Republic for the rest of its existence during the French Revolution, following the two-year National ...

with

The Mountain The Mountain (french: La Montagne) was a political group during the French Revolution. Its members, called the Montagnards (), sat on the highest benches in the National Convention. They were the most radical group and opposed the Girondins. Th ...

, Merlin de Douai voted for the

execution Capital punishment, also known as the death penalty, is the State (polity), state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to ...

King King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...

Louis XVI Louis XVI (''Louis-Auguste''; ; 23 August 175421 January 1793) was the last King of France before the fall of the monarchy during the French Revolution. He was referred to as ''Citizen Louis Capet'' during the four months just before he was ...

, and then, as a member of the council of legislation, he presented to the Convention the ''

Law of Suspects :''Note: This decree should not be confused with the Law of General Security (french: Loi de sûreté générale), also known as the "Law of Suspects," adopted by Napoleon III in 1858 that allowed punishment for any prison action, and permitted the ...

'' (17 September 1793), permitting the detention of suspects, (a document backed by

Georges Couthon Georges Auguste Couthon (, 22 December 1755 – 28 July 1794) was a French politician and lawyer known for his service as a deputy in the Legislative Assembly during the French Revolution. Couthon was elected to the Committee of Public Safety o ...

and

Maximilien Robespierre Maximilien François Marie Isidore de Robespierre (; 6 May 1758 – 28 July 1794) was a French lawyer and statesman who became one of the best-known, influential and controversial figures of the French Revolution. As a member of the Esta ...

). He exercised missions in his native region, and accused General

Charles François Dumouriez Charles-François du Périer Dumouriez (, 26 January 1739 – 14 March 1823) was a French general during the French Revolutionary Wars. He shared the victory at Valmy with General François Christophe Kellermann, but later deserted the Revo ...

of having betrayed the country during the Campaign of the Low Countries (after the battle of Neerwinden). Merlin de Douai was closely allied with his namesake Merlin of Thionville and, after the start of the

Thermidorian Reaction The Thermidorian Reaction (french: Réaction thermidorienne or ''Convention thermidorienne'', "Thermidorian Convention") is the common term, in the historiography of the French Revolution, for the period between the ousting of Maximilien Robespie ...

which brought about the fall of Robespierre in 1794, he became president of the Convention and a member of the

Committee of Public Safety The Committee of Public Safety (french: link=no, Comité de salut public) was a committee of the National Convention which formed the provisional government and war cabinet during the Reign of Terror, a violent phase of the French Revolution. S ...

. His efforts were primarily directed to the prevention of any new gathering of powers by the

Jacobin Club , logo = JacobinVignette03.jpg , logo_size = 180px , logo_caption = Seal of the Jacobin Club (1792–1794) , motto = "Live free or die"(french: Vivre libre ou mourir) , successor = Pa ...

, the

Commune A commune is an alternative term for an intentional community. Commune or comună or comune or other derivations may also refer to: Administrative-territorial entities * Commune (administrative division), a municipality or township ** Communes of ...

, and the

Revolutionary Tribunal The Revolutionary Tribunal (french: Tribunal révolutionnaire; unofficially Popular Tribunal) was a court instituted by the National Convention during the French Revolution for the trial of political offenders. It eventually became one of the ...

. Merlin de Douai convinced the Committee of Public Safety to agree with the closing of the Jacobin Club, on the ground that it was an administrative rather than a legislative measure. Merlin de Douai recommended the readmission of the survivors of the

Girondin The Girondins ( , ), or Girondists, were members of a loosely knit political faction during the French Revolution. From 1791 to 1793, the Girondins were active in the Legislative Assembly and the National Convention. Together with the Montagnard ...

party to the Convention, and drew up a law limiting the right of insurrection; he had also a considerable share in the foreign policy of the

French Republic France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...

. Merlin de Douai had been commissioned in April 1794 to report on the

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and criminal legislation of France, and, after eighteen months work, he produced the ''Rapport et projet de code des délits et des peines'' ( 10 Vendémiaire, an IV). Merlin's code abolished

confiscation Confiscation (from the Latin ''confiscatio'' "to consign to the ''fiscus'', i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, o ...

branding Branding may refer to: Physical markings * Making a mark, typically by charring: ** Wood branding, permanently marking, by way of heat, typically of wood (also applied to plastic, cork, leather, etc.) ** Livestock branding, the marking of animals ...

, and

life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...

, and was based chiefly on the penal code drawn up in September 1791.

Consulate and Empire

Merlin de Douai had no share in

Napoleon Bonaparte Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who ...

's ''

18 Brumaire The Coup d'état of 18 Brumaire brought Napoleon Bonaparte to power as First Consul of France. In the view of most historians, it ended the French Revolution and led to the Coronation of Napoleon as Emperor. This bloodless ''coup d'état'' overt ...

'' coup. Under the

Consulate A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth coun ...

, Merlin de Douai accepted a minor position in the ''

Cour de cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...

'', where he soon became ''procureur-général'' (Attorney General).Chronicle of the French Revolution, Longman Group 1989 p.669 Although he had no share in drawing up the '' Napoleonic code'', he was very involved in matters regarding its application. He became a member of the '' Conseil d'État'',

Count Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...

of the

Empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...

, and ''

Grand Officier de la Légion d'honneur Grand may refer to: People with the name * Grand (surname) * Grand L. Bush (born 1955), American actor * Grand Mixer DXT, American turntablist * Grand Puba (born 1966), American rapper Places * Grand, Oklahoma * Grand, Vosges, village and co ...

''.

Exile and the July Monarchy

Having resumed his functions during the

Hundred Days The Hundred Days (french: les Cent-Jours ), also known as the War of the Seventh Coalition, marked the period between Napoleon's return from eleven months of exile on the island of Elba to Paris on20 March 1815 and the second restoration ...

, he was one of those banished on the Second Bourbon Restoration. The years of Merlin de Douai's exile were devoted to his ''Répertoire de jurisprudence'' (5th ed., 18 vols., Paris, 1827–1828) and to his ''Recueil alphabétique des questions de droit'' (4th ed., 8 vols., Paris, 1827–1828). At the 1830

July Revolution The French Revolution of 1830, also known as the July Revolution (french: révolution de Juillet), Second French Revolution, or ("Three Glorious ays), was a second French Revolution after the first in 1789. It led to the overthrow of King ...

, he was able to return to France, and re-entered the ''

Institut de France The (; ) is a French learned society, grouping five , including the Académie Française. It was established in 1795 at the direction of the National Convention. Located on the Quai de Conti in the 6th arrondissement of Paris, the institute m ...

'', of which he had been an original member, being admitted to the

Academy of Political and Moral Sciences An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, f ...

by the

Orléans Monarchy The July Monarchy (french: Monarchie de Juillet), officially the Kingdom of France (french: Royaume de France), was a liberal constitutional monarchy in France under , starting on 26 July 1830, with the July Revolution of 1830, and ending 23 F ...

. Merlin de Douai died in Paris.

Personal life

Merlin de Douai's son, Antoine François Eugène Merlin (1778–1854), was a well-known general in the

French army The French Army, officially known as the Land Army (french: Armée de Terre, ), is the land-based and largest component of the French Armed Forces. It is responsible to the Government of France, along with the other components of the Armed For ...

, and served through most of the

Napoleonic Wars The Napoleonic Wars (1803–1815) were a series of major global conflicts pitting the French Empire and its allies, led by Napoleon I, against a fluctuating array of European states formed into various coalitions. It produced a period of Fren ...

Notes

References

* ''In turn, it gives the following reference:'' ** François Auguste Alexis Mignet, ''Portraits et notices historiques'' (1852), vol. I

External links

Bio at the Académie française
{{DEFAULTSORT:Merlin De Douai, Philippe-Antoine 1754 births 1838 deaths People from Nord (French department) Counts Merlin

Deputies to the French National Convention A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for ex ...

Directeurs of the First French Republic French jurists 17th-century French lawyers Members of the Académie Française Members of the Council of Ancients Knights of the First French Empire Grand Officiers of the Légion d'honneur Members of the Académie des sciences morales et politiques Expelled members of the Académie Française People on the Committee of Public Safety University of Douai alumni Représentants en mission Presidents of the National Convention State ministers of France Members of the Chamber of Representatives (France)