iij Despite the favourable intentions of the enlightened Magistrates, who have
been successively charged with the administration of the Book Trade, these ways
of tolerance that they have granted to the Provinces to replace just rights,
could only imperfectly re-establish this Trade there, above all in its
relationship with Foreign Countries; meanwhile, the growth in Education, the
increase in the number of Scholars and Men of Letters, have, in recent times,
brought some success to the Booksellers of the provinces: but the jealous
desire of the principal Booksellers of the Capital was immediately reawakened.
Not content with having annihilated our Trade and our Industry in the past,
by making the Laws useless through the infractions themselves, they wish once
again, today, to rob us of the fruits, as it were, aborted, of a vague and
faltering tolerance; a thousand interested or charmed voices make themselves
heard on their behalf around the Magistrate, and are appealing against us:
the past is veiled from him with care, our former successes, which have
glorified the French Book Trade in all Europe, are hidden from him; no-one
speaks of our decline, of our ruin, in short of the cunningly combined causes
which imposed them.
A trade authorised by the Law, and which is only condemned by the Offenders
against this Law, is portrayed to him as new, criminal and unjust endeavours;
a Trade which has never ceased to exist in France, insofar as the Administrators
of the Book Trade have more or less known, or followed, the true principles.
If unjust prejudices, born out of slander, are spread in the Capital and
amongst the Men of Letters; if our adversaries do not stop applying to us and to
our trade the most indecent and the most offensive epithets; so jealous of our
smallest successes, they endeavour to inspire the Officers in Power with their
animosity, the Magistrate who enters into the profession of the Book Trade,
completely surrounded by our natural enemies, will he be able to refrain from a
few critical remarks against some active and industrious Citizens, who are wanted,
absolutely, stifled.
At the distance we are from the Minister who must decide our fate, how will
we manage to overturn the obstinate efforts of our adversaries? Nevertheless our
civil status, the fortune and the honour of our Families depend on his decision;
these interests are pressing, it is important to us to shed light on it: but,
to do this with the decency that is appropriate to his eminent qualities, we have
had to assure ourselves beforehand of the justice of our cause: this is why we
have drawn up a Chart on this matter, faithful to the facts and principles avowed
by the Laws and by sane Policy: we have submitted it to the enlightened gaze of
the most Learned Jurisconsults; only one has signed, but all have commended our
methods, all have encouraged us to send our reclamations to the feet of the
illustrious Head of the Magistracy, whose knowledge and equity attract the
confidence and love of all good Citizens.
In this Memoir, written with a haste necessitated by the danger which
threatens us, we have demonstrated that the exclusive Right to manufacture and
sell any Work, is contrary to Common Right; which is not on any account based
on Natural Right, and which depends uniquely on the will of the Sovereign.
We have proved that through the Laws made in France on this subject, all
Privileges obtained without legitimate cause, are declared null and void, as they
exploited the authorities, that a Privilege, once it has expired, cannot be
extended, continued or renewed, unless the number of augmentations prescribed by
these Laws have been made to the Work that is the subject of it, and that in the
case where similar continuations may have been obtained, they are declared null
and void: that in such a way all the Works which are not under the guarantee of
a Privilege conforming to these rules, are free and belong in fact to