11. The members of the legislative body, from the moment of their nomination to the thirtieth day after the expiration of their functions, cannot be brought to trial but according to the forms prefcribed by the following articles.

112. They may, for criminal acts, be feized in flagrante delicto; but notice is given of it, without delay, to the legiflative body; and the profecution cannot be continued till after the council of five hundred has propofed the bringing to trial, and the council of elders has decreed it.

113. Except in the cafe of flagrans delictum, the members of the legiflative body cannot be carried before the officers of police, or put in a state of arreft, before the council of five hundred has propofed the bringing to trial, and the council of elders has decreed it.

114. In the cafe of the two preceding articles, a member of the legislative body cannot be carried before any tribunal but the high court of juftice.

115. They are carried before the fame court for acts of treafon, dilapidation, manoeuvres to overturn the conftitution, and offences against the internal fecurity of the Republic.

116. No denunciation against a member of the legislative body can give room for a profecution, if it be not drawn up in writing, figned, and addreffed to the council of five hundred.

117. If after having there been deliberated upon in the form prefcribed by article 77, the council of five hundred admit the denunciation, it declares it in these terms:

The denunciation against

for the act of

dated the

is admitted.

, figned by

118. The perfon inculpated is then cited: he has for his appearance a delay of three days; and when he appears, he is heard in the interior of the place of fitting of the council of five

hundred.

119. Whether the perfon inculpated be prefent or not, the council of five hundred declares, after this delay, if there be, or be not room for an examination of his conduct.

120. If it be declared by the council of five hundred, that there is room for an examination, the perfon under charge is cited by the council of elders; he has for his appearance a delay of two free days; and if he appear, he is heard in the interior of the place of fitting of the council of elders.

121. Whether the perfon under charge be prefent or not, the council of elders, after this delay, and after having deliberated according to the forms prefcribed by article 91, pronounces the accufation, if there be room for it; and fends the perfon accufed before the high court of juftice, which is bound to proceed to trial without any delay.

122. Every

122. Every difcuffion, in either council, relative to charging or accufing a member of the legislative body, is had in general committee. Every vote upon the fame fubject is taken by calling over the names, and fecret ballot.

123. The accufation pronounced against a member of the legiflative body carries with it fufpenfion. If he be acquitted by the judgment of the high court of justice, he refumes his functions.

Relations of the Two Councils with one another.

124. When the two councils are definitively constituted, they give mutual notice by a meffenger of state.

125. Each council nominates four meffengers of state for its fervice.

126. They carry, to each of the councils, and to the executive directory, the laws and acts of the legislative body; they have entrance to this effect into the place of fitting of the executive directory. They are preceded by two ufhers in these messages.

12. One of the councils cannot adjourn itfelf beyond five days, without the confent of the other.

Promulgation of Laws.

128. The executive directory caufes the laws, and other acts of the legislative body, 'to be fealed within two days after their reception.

129. It feals and promulgates within the day, the laws and as of the legislative body, which are preceded by a decree of urgency.

130. The publication of the laws and acts of the legislative body is ordained in the following form:---In the name of the French Republic (law) or (act) of the legislative body.---The directory ordains, that the above law or act of the legislative body shall be pubifbed, executed, and the feal of the Republic affixed to it.

131. Laws of which the preamble does not atteft the observance of the forms prefcribed by articles 77 and 91, cannot be promulgated by the executive directory, and its refponfibility in this refpect lafts fix years. The laws for which the act of urgency has been approved by the council of elders are excepted.

HEAD VI.

Executive Power.

132. The executive power is delegated to a directory of five members, nominated by the legislative body, performing the func tions of an electoral affembly in the name of the nation.

133. The council of five hundred forms, by fecret ballot, a lift of ten times the numbers of the directory to be nominated, and prefents

presents it to the council of elders, who choofe, by fecret ballot alfo, out of this lift.

134. The members of the directory muft be forty years of age, at leaft.

135. They cannot be taken but from among the citizens who have been members of the legiflative body or minifters. The difpofition of this article fhall not be obferved till the commencement of the ninth year of the Republic.

136. From the firft day of the ninth year of the Republic, the members of the legislative body cannot be elected members of the directory, or minifters, either during the continuance of their legiflative functions, or during the first year after the expiration of thofe functions.

137. The directory is new member every year. ceffive going out of thofe cided by lot.

partially renewed by the election of a During the firft four years, the fucrominated the first time, fhall be de

138. None of the members going out can be re-elected till after an interval of five years.

139. The afcendant and the defcendant in direct line; ther brother, the uncle, and the nephew, coufins in the firft degree, and connections by marriage in the fame degrees, cannot be members of the directory at the fame time, nor fucceed one another in it, till after an interval of five years..

140. In the cafe of vacancy, by the death or otherwise, of a member of the directory, his fucceffor is elected by the legislative body within ten days at most. The council of five hundred is bound to propofe the candidates within the firft five days, and the council of elders must complete the election within the last five days. The new member is elected only for the remaining period of the perfon he fucceeds. If, however, this does not exceed fix. months, he who is elected fhall continue in office for five years and a half.

141. Each member of the directory is prefident of it in turn, for three months only. The prefident figns and keeps the feal. The laws and the acts of the legislative body are addreffed to the directory in the perfon of its prefident.

142. The executive directory cannot deliberate if there be not three members prefent at least.

143. A fecietary is chofen, not one of its members, who counterfigns difpatches, and draws up the deliberations on a rea gifter, in which each member has a right of entering his opinion, with his reafons for it. The directory may, when it thinks proper, deliberate without the attendance of its fecretary; in this cafe the deliberations are drawn up in a particular register by one of the members of the directory.

141. The

144. The directory provides, according to the laws, for the external or internal furety of the Republic; it may make proclamations conformable to the laws, and for the execution of the laws. It difpofes of the armed force, without in any cafe the directory collectively, or any of its members, being capable of commanding it either during the time of their functions, or during the two years which immediately follow the expiration of those functions.

145. If the directory is informed, that any confpiracy is plotting against the external or internal furety of the state, it may iffue warrants of fummons, or warrants of arreft, against the prefumed authors or accomplices; it may interrogate them; but it is obliged, under the penalties against the crime of arbitrary detention, to fend them before the officer of police, within the delay of two days, to proceed according to the laws.

146. The directory nominates the generals in chief; it cannot chuse them among the relations or connections of its members within the degrees expreffed by article 139.

147. It fuperintends and affures the execution of laws in the adminiftrations and tribunals, by commiffaries of its nomination.

148. It nominates, not of its own body, the minifters, and difmiffes them when it thinks fit. It cannot chuse them under the age of thirty years, nor from among the relations or connections of its members, within the degrees fet forth in article 139.

149. The minifters correfpond immediately with the authorities fubordinate to them.

150. The legislative body determines the attributions, and the number of ministers: this number is fix at least, or eight at most. 151. The minifters do not form a council.

152. The minifters are refpectively refponfible both for the non-execution of laws, and the non-execution of orders of the directory.

153. The directory nominates the receiver of direct taxes in each department.

154. It nominates the fuperintendants in chief of indirect contributions, and of the adminiftration of national domains.

155. All the public functionaries in the French colonies, except the departments of the ifles of France and Re-union, shall be nominated by the directory till peace.

156. The legislative body may authorife the directory to fend into all the French colonies, according to the exigency of the cafe, one or more particular agents nominated by it for a limited time. The particular agents fhall exercife the fame functions as the directory, and fhall be fubordinate to it.

157. No member of the directory can go out of the territory of the Republic, till two years after the ceffation of its functions.

158. He

158. He is bound during that interval to prove his refidence to the legislative body. Article 112, and the following, to article 123 inclufively, relative to the guarantee of the legislative body, are common to the members of the directory.

159. In case of more than two members of the directory being brought to trial, the legislative body fhall provide, in the ordinary forms, for replacing them provifionally during the trial.

160. Except in the cafe of articles 119 and 120, neither the directory nor any of its members can be cited either by the council of five hundred, or by the council of elders

161. The accounts and information demanded of the directory by either council are furnished in writing..

162. The directory is bound, every year, to prefent to both councils in writing, an estimate of the expences, the fituation of the finances, the state of exifting penfions, and the plan of thofe which it thinks it expedient to establish or create. It must point out the abuses that have come within its knowledge.

163. The directory may at all times invite the council of five hundred, in writing, to take a fubject into confideration; it may propose to it measures, but not plans drawn up in form of laws.

164. No member of the directory can absent himself more than five days, or remove above four myriameters eight mean leagues) from the place of refidence of the directory, without being au thorised by the legislative body.

165. The members of the directory cannot appear in the exercife of their functions, either without or within their houses, unlefs cloathed in their appropriate dress.

166. The directory has its conftant guard, paid at the expence of the Republic, compofed of one hundred and twenty infantry, and one hundred and twenty cavalry.

167. The directory is attended by its guards in public ceremonies and proceffions, in which it has always the first rank.

168. Each member of the directory is attended out of doors by two guards.

169. Every poft of armed force owes to the directory, and to each of its members, the fuperior military honours.

170. The directory has four meffengers of ftate, whom it nominates and whom it may remove :-they carry to the two legislative bodies the letters and memorials of the directory; they have entrance to this effect into the place of fitting of the legislative councils. they march preceded by two ufhers.

171. The directory refides in the fame commune with the legiflative body.

172. The members of the directory are lodged at the expence of the Republic, and in the fame edifice.

173. The falary of each of them is fixed for each year at the VOL. III.-PART ii. d

value