So far there had been no action which could be precisely called illegal or revolutionary. The Commons had affirmed a right based upon a political theory which the vast majority of the nation admitted, and the legal depositary of power, the King, had not yet reproved. One may draw a parallel and compare the action of the Commons so far to some action which a trade union, for instance, may take in England; some action the legality of which is doubtful but upon which the courts have not yet decided.
It was upon the 17th of June, two days after the completion of the roll-call by the Commons, that the first revolutionary act took place, and the student of the Revolution will do well to put his finger upon that date and to regard it not indeed as the moral origin of the movement, but as the precise moment from which the Revolution, as a Revolution, begins to act. For upon that day the Commons, though in fact only joined by a handful of the Clerical House, and by none of the nobility, declared themselves to be the National Assembly; that is, asserted the fiction that Clergy, Nobles and Commons were all present and voted together. To this declaration they added a definite act of sovereignty which trespassed upon and contradicted the legal authority of the Crown. True, the motion was only moved and passed "provisionally," but the words used were final, for in this motion the self-styled "National Assembly" declared that "provisionally" taxes and dues might be raised upon the old authority but that only until the National Assembly should disperse; "after which day"—and here we reach the sacramental formula, as it were, of the crisis—"the National Assembly wills and decrees that all taxes and dues of whatever nature which have not been specifically formally and freely granted by the said Assembly shall cease in every province of the kingdom no matter how such that province may be administered." (This is an allusion to the fact that in some provinces there was a representative machinery, in others nothing but the direct action of the Crown.) "The Assembly declares that when it has in concert with (not in obedience to) the King laid down the principle of a national re-settlement, it will busy itself with the examination and ordering of the public debt." Etc., etc.
Such was the point of departure after which sovereignty was at issue between the Crown and the States-General; the Crown a known institution with its traditions stretching back to the Roman Empire, and the National Assembly a wholly new organ according to its own claims, basing its authority upon a political theory stretching back to the very origins of human society.
Two days later, on the 19th of June, the "National Assembly," still only self-styled and possessing only the powers which it had ascribed to itself beyond all forms of law, set to work, nominated its committees, and assumed the sovereignty thus claimed. The Nobles protested (notably the Bishops), and the King, on the advice of Barentin, keeper of the Seals, determined upon immediate resistance. The excuse was taken that the Royal Session, as it was called, in which the King would declare his will, needed the preparation of the hall, and when the Commons presented themselves at the door of that hall on the next day, the 20th, they found it shut against them. They adjourned to a neighbouring tennis court, and took a solemn corporate oath that they would not separate without giving France a Constitution. They continued to meet, using a church for that purpose, but on the 23rd the Royal Session was opened and the King declared his will.
The reader must especially note that even in this crisis the Crown did not offer a complete resistance. There was an attempt at compromise. Necker would have had a more or less complete surrender, the Queen and her set would have preferred an act of authority which should have annulled all that the Commons had done. What actually happened was a permission by the Crown that the three Orders should meet as one body for certain common interests, but should preserve the system of voting as separate Houses in "all that might regard the ancient and constitutional rights of the three Orders, the Constitution to be given to future Parliaments, feudal property, and the rights and prerogatives of the two senior Houses." As a mere numerical test, such a conclusion would have destroyed the power of the Commons, since, as we have seen, numbers were the weapon of the Commons, who were equal to the two other Houses combined, and if all sat together would, with the Liberal members of the clergy and the nobility, be supreme. But apart from this numerical test, the act of sovereignty affirmed by the National Assembly when it declared itself, and itself only, competent to vote taxes, was annulled. Moreover, the royal declaration ended with a command that on the next day the three Orders should meet separately.
Now at this critical point the King was disobeyed. The current of the time chose the revolutionary bed, and as it began to flow deepened and confirmed its course with every passing day and event. Already the majority of the clergy had joined the National Assembly when it had affirmed its right to sit in spite of the check of the 20th of June. There was a half-hour on that decisive day of the Royal Session, the 23rd of June, when armed force might have been used for the arrest and dispersion of the Deputies. They declared themselves inviolable and their arrest illegal, but there was, of course, no sanction for this decree. As a fact, not a corporal's file was used against them. The next day, the 24th, the majority of the clergy again joined the Commons in their session (in flat defiance of the King's orders), and on the 25th, forty-seven of the nobles followed their example. The King yielded, and on the 27th, two days later, ordered the three Houses to meet together.
The National Assembly was now legally constituted, and set out upon its career. The Crown, the old centre of authority, had abandoned its position, and had confirmed the Revolution, but in doing so it had acted as it were in contradiction with itself. It had made technically legal an illegality which destroyed its own old legal position, but it had done so with ill-will, and it was evident that some counter-stroke would be attempted to restore the full powers of the Crown.
At this point the reader must appreciate what forces were face to face in the coming struggle. So far, the illegal and revolutionary act of the 17th of June, the Royal Session which replied to that act upon the 23rd, the King's decree which yielded to the Commons upon the 27th, had all of them been but words. If it came to action, what physical forces were opposed?
On the side of the Crown was the organised armed force which it commanded. For it must never be forgotten that the Crown was the Executive, and remained the Executive right on to the capture of the palace three years later, and the consummation of the Revolution on the 10th of August, 1792. On the side of the National Assembly was without doubt the public opinion of the country (but that is not a force that can be used under arms), and, what was much more to the point, the municipal organisation of France.
Space forbids a full description of the origins and strength of the French municipal system; it is enough to point out that the whole of Gallic civilisation, probably from a moment earlier than Cæsar's invasion, and certainly from the moment when Roman rule was paramount in Gaul, was a municipal one. It is so still. The countrysides take their names mainly from their chief towns. The towns were the seats of the bishops, whose hierarchy had preserved whatever could be preserved of the ancient world. In the towns were the colleges, the guilds, the discussion and the corporations which built up the life of the nation. The chief of these towns was Paris. The old systems of municipal government, corrupt and varied as they were, could still give the towns a power of corporate expression. And even where that might be lacking it was certain that some engine would be found for expressing municipal action in a crisis of the sort through which France was now passing. In Paris, for instance, it was seen when the time came for physical force that the College of Electors, who had chosen the representatives for that city, were willing to act at once and spontaneously as a municipal body which should express the initiative of the people. It was the towns, and especially Paris, prompt at spontaneous organisation, ready to arm, and when armed competent to frame a fighting force, which was the physical power behind the Assembly.
What of the physical power behind the King? His power was, as we have said, the Regular Armed forces of the country: the army. But it is characteristic of the moment that only a part of that armed