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JUDGMENT

PASSED by M. DE SARTINE, Chevalier,
State Councillor, Lieutenant General of the
Police of the City, Provostship and Viscountcy
of Paris, Council Commissioner for this case.

BETWEEN M. LUNEAU DE BOISJERMAIN,

and the Syndics and Assistants of the Guild
of Booksellers and Printers of Paris.
In which M. de Sartine orders the full reversal of the confiscation carried
out against M. Luneau de Boisjermain on 31st August 1768; prohibits the
Guild from carrying out similar confiscations in the future and from visiting
private homes for this purpose without his express permission; and for having
carried out the said confiscation, condemns the Guild to pay all costs,
including those incurred by the public posting of the sentence, and 300 livres
in damages, interests etc.

      This sentence is passed in view of the various statements given and signed
by the Syndic and Assistants of the Guild of Booksellers, in which it is noted
that following complaints from several of their colleagues, booksellers and
printers of this city, about the daily encroachments which are made upon their
business and their profession; and that in response to these complaints, as
their oath obliges them, on 31st August 1768 they made various visits in order
to search for books; that they went to the residences of M. Delalain, M. Durand,
M. Tilliard, M. Despilly and the widow Savoye, all five

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of whom are booksellers; that at these residences, following
declarations made to them by each of the aforementioned
booksellers, they found and confiscated 16 packets of books,
which had been sent to them by M. Pierre-Joseph-François Luneau
de Boisjermain, author and publisher of various works, to be
delivered to regional or foreign booksellers; that in particular
they confiscated from M. Tilliard a letter addressed to him by M.
Luneau de Boisjermain on the 26th of the same month and year,
with two lists, one of which detailed the books which M. Luneau
de Boisjermain was offering him in the letter, to be traded for
other books enumerated in the second list, and that all these
confiscated items remained in the keeping and possession of M.
Tilliard, M. Despilly, M. Delalain, M. Durand and the widow Savoye,
each of whom was to act as a judicial depository, and was to
present the objects whenever the law required it of them. Another
statement of the same day, which notes that the aforementioned
Syndics and Assistants went with Commissioner Formel to the
residence of M. Luneau; that there, in the presence of the
Commissioner, and with the exception of M. Luneau’s personal
library, they confiscated all the hard-bound and soft-bound
books, printed sheets, blank paper, and generally all the
booksellers’ goods which were found at his residence, and which
are mentioned and detailed in the statement of the aforementioned
M. Formel, as well as in that of the confiscation; and that the
total findings, including the three account books which record
requests to M. Luneau for books, deliveries made by him in
response to these requests, and the amount still owed to
him for the supply of these goods, were left in the keeping of
M. Jean-Jacques Lefort, with the promise that he would present
them whenever he was required to do so. The petition presented
to us by the aforementioned Syndic and Assistants of the Guild
of Booksellers, the following 5th October, which concludes that
it should please us to permit them to summon M. Luneau de
Boisjermain before us at the audience of the Commission in our
chambers, to see declared good and valid the confiscation in
question, of 31st August last; consequently, that the confiscated
books, together with those found the same day at the residences
of M. Delalain,

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M. Despilly, M. Durand and the widow Savoye, acquired and
confiscated to the profit of the Guild of Booksellers and
Printers, should be sold at the Guild Chambers, in the usual
manner; as a result of which all the guardians and
depositories of the confiscated books in question should be
obliged to present and surrender these books, with the
exception, however, of those works found to be prohibited,
and which shall consequently be pulped in the usual manner;
also to see enforced the Regulations concerning the Guild of
Booksellers and Printers, and notably Articles 6 and 22 of
the Edict of 1686, and Articles 4 and 109 of the General
Regulation of 28 February 1723; consequently, to see that
the aforementioned M. Luneau de Boisjermain should not in
future encroach upon the business of the Guild of Booksellers
and Printers, under the penalties announced in the said
Regulations, and for having done so, to see him condemned to
a fine of five hundred livres, in accordance with the said
Regulation of 1723, with damages, interests and expenses,
which shall include the expenses and costs of the statements
in question, as well as the printing and public posting of
the verdict reached. Our ruling may be found at the foot of
the aforementioned petition with the same date of 5th October
1768, giving permission to summon M. Luneau de Boisjermain.
The resulting summons of M. Luneau, on the 13th of the same
month of October, at the request of the said Syndic and
Assistant, that he should appear on the first day of the
audience of the Commission, before us in our chambers, to
respond to and proceed with the said requests and ruling,
including expenses. The complaint registered by M. Luneau,
the previous 2nd September, before the Commissioner Chenu,
against the Syndic and Assistants, on the occasion of the
confiscation which they had carried out at his home, of his
own works as well as of books he had bought from booksellers,
which is currently being demonstrated, along with the reading
of and searches among his papers by the said Syndic and
Assistants. The verbal petition made by M. Luneau to the
prosecutor of the Syndic and Assistants, on 9th January 1769,
which concludes that he should be given

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a written acknowledgement of his claims, and states that
he did not contravene the Regulations of the Guild of
Booksellers, and that the confiscation carried out against
him was greatly troublesome; taking into account evidence
in his favour resulting from facts proved in the signed and
initialled letter he produced, as well as in the three
registers, also initialled by Commissioner Formel, on the
occasion of the statement of the confiscation in question;
that it might please us to declare the said confiscation
void, or in any case to order its full reversal; consequently,
to order that his own works and all the other books
confiscated from him be returned to him, and that the
guardians of these works should be compelled to do so,
forcibly if necessary; that these guardians should then be
fully discharged, and that the Syndic and Assistants should
be forbidden from carrying out similar confiscations in the
future, and for the confiscation in question, should be
condemned to such damages as its pleases us to assign, and
also to all costs, including the printing and public posting
of the verdict reached, at their expense. Our verdict of 10th
January 1769, which, in order to consider the case of each
party, orders that their documents and files be supplied to
us for our deliberation. The memoir for deliberation, printed
and issued by M. Luneau the following 7th September. The
verbal petition made by the Syndic and Assistants, to M.
Luneau’s prosecutor, the 16th of the said month of September,
in which they conclude, in addition to their initial
conclusions, that this memoir printed by M. Luneau, mentioned
above, should be suppressed, for containing offensive terms
and libellous charges against the community of booksellers,
and that one thousand copies of the verdict reached should be
printed and publicly posted at the expense of M. Luneau de
Boisjermain. The summary issued by the Syndic and Assistants
of the Guild of Booksellers, to M. Luneau de Boisjermain’s
prosecutor, of the 19th of the said month of September, in
which they restate their conclusions. The replies issued by M.
Luneau to the prosecutor of the said Syndic and Assistants,
the 26th of the same month. The verbal petition of the said M.
Luneau to the prosecutor of the said Syndic and Assistants,
the 10th of October following, which concludes that the said
Syndics should be obliged to convey to him the three letters
and other documents which they discussed in their previous
statement. Another verbal petition,

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issued by the Syndics to M. Luneau’s prosecutor, the 17th of
the said month of October, in which they call even more
expressly for the suppression of M. Luneau’s libel, printed
in two columns and entitled "Response of M. Luneau de
Boisjermain to the summary issued by the Syndic and Assistants,
for continuing to contain libellous and offensive charges
against the Guild of Booksellers". Replies and
consultations also printed and issued by the said Syndic and
Assistants of the Guild of Booksellers, to M. Luneau de
Boisjermain’s prosecutor, the same 17th October. The verbal
petition issued by M. Luneau to the prosecutor of the said
Syndic and Assistants of the Guild of Booksellers, the 18th
of December, in which, in addition to his previous conclusions,
he concludes that it might please us to order that the privileges
granted to him by His Majesty, one for the work entitled "New
Methods for Teaching Geography", another for the work entitled
"Course in Universal History", and the third for the "Commentaries
on Racine"; which privileges have been registered in
accordance with the Guild’s regulations, should be enforced
according to their form and terms; in so doing, that M. Luneau
will be allowed to retain the rights which he enjoyed until
the day of the confiscation in question, to publish at his own
expense the works mentioned above, and any works of which he is
the author or editor, and to keep these works in his property,
or to store them in places of his choice, and to have them sold
through whichever booksellers in Paris or in the provinces
he may choose, and that the Syndic and Assistants, and any
others, should not be permitted to trouble, hinder or
disturb him in the future in these activities, or in the
fine, damages, interests and other conclusions reached in
the said verbal petition, with costs. The final reply and
consultation printed and issued by M. Luneau to the
prosecutor of the Syndic and Assistants of the Guild of
Booksellers, the following 20th of December. The defence of
the Syndic and Assistants of the Guild of Booksellers,
issued on the 29th of the said month of December, in
response to the verbal petition of the said M. Luneau of
the 18th of the said month and year; in which they present
themselves in passing as plaintiffs, and in which they
conclude that in acknowledging their previous conclusions,
it might please

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us to disallow M. Luneau’s demands, or in any case
to nonsuit him; also, given the highly cruel and
offensive defamation of the Guild of Booksellers, in
which M. Luneau has once more indulged himself in a
third memoir entitled "Final response", consisting of
32 printed pages; they request that the said memoir
be suppressed, for containing information which is
false, libellous and harmful to the reputation and
honour of the entire body of the Guild of Booksellers,
and that the said M. Luneau be condemned to such
damages as it might please us to assign, in proportion
with the gravity and the public nature of the offence
aimed at the whole body of booksellers; and that the
verdict reached should be printed and publicly posted
at the expense of the said M. Luneau, not discounting
that the whole body, and individual members of the
said body, who find themselves collectively or
personally insulted and defamed in the third memoir,
might lodge appeals by any legitimate means, even
extraordinary ones, against the said M. Luneau, when
and howsoever they deem it appropriate, with costs.
Our verdict of 10th January 1769, which, in order to
consider the case of each party, orders that their
documents and files be supplied to us for our
deliberation. Our verdict of Tuesday 16th January last,
in which, in order to consider the respective new
demands and disputes of each party, we ordered that
their documents and files be supplied to us for our
deliberation, together with the verdict previously
given by us on 10th January 1769. Also, the ruling of
the Council carrying our commission.

WE, THE AFOREMENTIONED STATE COUNCILLORS AND COMMISSIONERS,
by virtue of the powers conferred on us by His Majesty,
by the aforementioned ruling of the council: after having
deliberated over all the documents, statements and files
of each party supplied to us, order the full reversal of
the confiscation carried out against the aforementioned
Pierre-Joseph-François Luneau de Boisjermain, at the
request of the Syndic and Assistants of the Guild of
Booksellers by a statement of 31st August 1768;
consequently, we rule that all the seized books, together
with all the packets of books delivered by M. Luneau to
widow Savoye, M. Durand, M. Delalain

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and M. Despilly, to be distributed to provincial and
regional booksellers, be returned and restored to the said
M. Luneau de Boisjermain; to which end the aforementioned
depository, M. Lefort, shall be constrained, forcibly if
necessary, and also the said booksellers, widow Savoye, M.
Durand, M. Delalain and M. Despilly, by all due and
reasonable means; in so doing, each of them shall be
properly and legitimately discharged; we forbid the Syndic
and Assistants of the Guild of Booksellers to carry out
similar confiscations in future, and also to visit private
homes without express and special authorisation on our
part, and for having carried out the confiscation in
question, we condemn them to pay 300 livres of damages to
the said Luneau de Boisjermain, and to all costs, which
we have settled at 320 livres and 7 sols, including the
issuing of our present ruling: In response to the request
of the Syndic and Assistants of the Guild of Booksellers,
for the suppression of the memoirs issued by the said M.
Luneau, we order that the offensive terms contained in the
said memoirs shall be and shall remain suppressed, and in
compensation, we condemn him to pay 50 livres of damages
to the said Syndic and Assistants of the Guild of
Booksellers, which shall be deducted from those awarded to
him above: with respect to the remaining requests of
each party, we dismiss them from the court, not discounting,
however, that His Majesty may make a further ruling if He
judges it necessary, regarding the manner of exercising the
commission in matters of bookselling. And one hundred
copies of the present verdict shall be printed and publicly
posted, at the expense of the Syndics and Assistants of
the Guild of Booksellers. Declared in Paris, at our chambers,
30th January 1770. Collated by Le Riche.

      A copy has been forwarded to M. Cormier, the Public
Prosecutor's home address, 17 February 1770.
                                                            Signed: Hamot
________________________________________________________

1770


Translation by: Lydia Mulholland