the origins of contemporary france-1-及7嫗
梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
providing scales and weights gratis�察�he levies a tax on provisions and
on merchandise brought to his fair or to his market。 ´ At Angoul┷me a
forty´eighth of the grain sold�察�at Combourg near Saint´Malo�察�so much
per head of cattle�察�elsewhere so much on wine�察�eatables and fish��26��
Having formerly built the oven�察�the winepress�察�the mill and the
slaughterhouse�察�he obliges the inhabitants to use these or pay for
their support�察�and he demolishes all constructions�察�which might enter
into competition with him��27�А� These�察�again�察�are evidently monopolies
and octrois going back to the time when he was in possession of public
authority。
Not only did he then possess the public authority but also
possessed the soil and the men on it。 Proprietor of men�察�he is so
still�察�at least in many respects and in many provinces。 ;In Champagne
proper�察�in the S└nonais�察�in la Marche�察�in the Bourbonnais�察�in the
Nivernais�察�in Burgundy�察�in Franche´Comt└�察�there are none�察�or very few
domains�察�no signs remaining of ancient servitude 。 。 。 。 A good many
personal serfs�察�or so constituted through their own gratitude�察�or that
of their progenitors�察�are still found。;��28�А �There�察�man is a serf��
sometimes by virtue of his birth�察�and again through a territorial
condition。 Whether in servitude�察�or as mortmains�察�or as cotters�察�one
way or another�察�1��500��000 individuals�察�it is said�察�wore about their
necks a remnant of the feudal collar�察�this is not surprising since�察�on
the other side of the Rhine�察�almost all the peasantry still wear it。
The seignior�察�formerly master and proprietor of all their goods and
chattels and of all their labor�察�can still exact of them from ten to
twelve corv└es per annum and a fixed annual tax。 In the barony of
Choiseul near Chaumont in Champagne�察 �the inhabitants are required to
plow his lands�察�to sow and reap them for his account and to put the
products into his barns。 Each plot of ground�察�each house�察�every head
of cattle pays a quit´claim�察�children may inherit from their parents
only on condition of remaining with them�察�if absent at the time of
their decease he is the inheritor。; This is what was styled in the
language of the day an estate ;with excellent dues。; ´Elsewhere the
seignior inherits from collaterals�察�brothers or nephews�察�if they were
not in community with the defunct at the moment of his death�察�which
community is only valid through his consent。 In the Jura and the
Nivernais�察�he may pursue fugitive serfs�察�and demand�察�at their death��
not only the property left by them on his domain�察�but�察�again�察�the
pittance acquired by them elsewhere。 At Saint´Claude he acquires this
right over any person that passes a year and a day in a house
belonging to the seigniory。 As to ownership of the soil we see still
more clearly that he once had entire possession of it。 In the district
subject to his jurisdiction the public domain remains his private
domain�察�roads�察�streets and open squares form a part of it�察�he has the
right to plant trees in them and to take trees up。 In many provinces��
through a pasturage rent�察�he obliges the inhabitants to pay for
permits to pasture their cattle in the fields after the crop�察�and in
the open common lands�察。�les terres vaines et vagues��。 Unnavigable
streams belong to him�察�as well as islets and accumulations formed in
them and the fish that are found in them。 He has the right of the
chase over the whole extent of his jurisdiction�察�this or that commoner
being sometimes compelled to throw open to him his park enclosed by
walls。
One more trait serves to complete the picture。 This head of the
State�察�a proprietor of man and of the soil�察�was once a resident
cultivator on his own small farm amidst others of the same class�察�and��
by this title�察�he reserved to himself certain working privileges which
he always retained。 Such is the right of banvin�察�still widely
diffused�察�consisting of the privilege of selling his own wine�察�to the
exclusion of all others�察�during thirty or forty days after gathering
the crop。 Such is�察�in Touraine�察�the right of pr└age�察�which is the
right to send his horses�察�cows and oxen ;to browse under guard in his
subjects' meadows。; Such is�察�finally�察�the monopoly of the great dove´
cot�察�from which thousands of pigeons issue to feed at all times and
seasons and on all grounds�察�without any one daring to kill or take
them。 Through another effect of the same qualification he imposes
quit´claims on property on which he has formerly given perpetual
leases�察�and�察�under the terms cens�察�censives ��quit´rents���察�carpot
��share in wine���察�champart ��share in grain���察�agrier ��a cash commission
on general produce���察�terrage parciere ��share of fruits��。 All these
collections�察�in money or in kind�察�are as various as the local
situations�察�accidents and transactions could possibly be。 In the
Bourbonnais he has one´quarter of the crop�察�in Berry twelve sheaves
out of a hundred。 Occasionally his debtor or tenant is a community��
one deputy in the National Assembly owned a fief of two hundred casks
of wine on three thousand pieces of private property。��29�А�Besides��
through the retrait censuel ��a species of right of redemption���察�he can
;retain for his own account all property sold on the condition of
remunerating the purchaser�察�but previously deducting for his benefit
the lord's dues ��lods and ventes��。; The reader�察�finally�察�must take
note that all these restrictions on property constitute�察�for the
seignior�察�a privileged credit as well on the product as on the price
of the ground�察�and�察�for the copyholders�察�an unprescriptive��
indivisible and irredeemable debt。´Such are the feudal。 To form an
idea of them in their totality we must always imagine the count��
bishop or abbot of the tenth century as sovereign and proprietor in
his own canton。 The form which human society then takes grows out of
the exigencies of near and constant danger with a view to local
defense。 By subordinating all interests to the necessities of living��
in such a way as to protect the soil by fixing on the soil�察�through
property and its enjoyment�察�a troop of brave men under the leadership
of a brave chieftain。 The danger having passed away the structure
became dilapidated。 For a pecuniary compensation the seigniors allowed
the economical and tenacious peasant to pick off it a good many
stones。 Through constraint they suffered the king to appropriate to
himself the public portion。 The primitive foundation remains�察�property
as organized in ancient times�察�the fettered or exhausted land
supporting a social conformation that has melted away�察�in short�察�an
order of privileges and of thralldom of which the cause and the
purpose have disappeared。 ��30��
V。 They may be justified by local and general services。
All this does not suffice to render this order detrimental or even
useless。 In reality�察�the local chief who no longer performs his
ancient service may perform a new one in exchange for it。 Instituted
for war when life was militant�察�he may serve in quiet times when the
r└gime is pacific�察�while the advantage to the nation is great in which
this transformation is accomplished�察�for�察�retaining its chiefs�察�it is
relieved of the uncertain and perilous operation which consists in
creating others。 There is nothing more difficult to establish than a
government�察�that is to say�察�a stable government�此�this involves the
command of some and the obedience of all�察�which is against nature。
That a man in his study�察�often a feeble old person�察�should dispose of
the lives and property of twenty or thirty million men�察�most of whom
he has never seen�察�that he should order them to pay away a tenth or a
fifth of their income and they should do it�察�that he should order them
to go and slaughter or be slaughtered and that they should go�察�that
they should thus continue for ten years�察�twenty years�察�through every
kind of trial�察�defeat�察�misery and invasion�察�as with the French under
Louis XIV�察�the English under Pitt�察�the Prussians under Frederick II。��
without either sedition or internal disturbances�察�is certainly a
marvelous thing。 And�察�for a people to remain free it is essential that
they should be ready to do this always。 Neither this fidelity nor this
concord is due to sober reflection ��la raison raisonnante���察�reason is
too vacillating and too feeble to bring about such a universal and
energetic result。 Abandoned to itself and suddenly restored to a
natural condition�察�the human flock is capable only of agitation�察�of
mutual strife until pure force at length predominates�察�as in barbarous
times�察�and until�察�amidst the dust and outcry�察�some military leader
rises up who is�察�generally�察�a butcher。 Historically considered it is
better to continue so than to begin over again。 Hence�察�especially when
the majority is uncultivated�察�it is beneficial to have chiefs
designated beforehand through the hereditary custom by which people
follow them�察�and through the special education by which they are
qualified。 In this case the public has no need to seek for them to
obtain them。 They are already at hand�察�in each canton�察�visible��
accepted beforehand�察�they are known by their names�察�their title�察�their
fortune�察�their way of living�察�deference to their authority is
established。 They are almost always deserving of this authority�察�born
and brought up to exercise it they find in tradition�察�in family
example and in family pride�察�powerful ties that nourish public spirit
in them�察�there is some probability of their comprehending the duties
with which their prerogative endows them。
Such is the renovation�察�which the feudal r└gime admits of。 The
ancient chieftain can still guarantee his pre´eminence by his
services�察�and remain popular without ceasing to be privileged。 Once a
captain in his district and a permanent gendarme�察�he is to become the
resident and beneficent proprietor�察�the voluntary promoter of useful
undertakings�察�obligatory guardian of the poor�察�the gratuitous
administrator and judge of the canton�察�the unsalaried deputy of the
king�察�that is to say�察�a leader and protector as previously�察�through a
new system of patronage accommodated to new circumstances。 Local
magistrate and central representative�察�these are his two principal
functions�察�and�察�if we extend our observation beyond France we find
that he exercises either one or the other�察�or both together。
Notes��
��1�А� See note 1 at the end of the volume
��2�А� One league ��lieu�� ca。 4 km。 ��SR。��
��3�А� Suger ;Vie de Louis VI。�察─�chap。 VIII。 ´ Philippe I。 became
master of the Chateau de Montlh└ry only by marrying one of his sons to
the heiress of the fief。 He thus addressed his successor�此 �My child��
take good care to keep this tower of which the annoyances have made me
grow old�察�and whose frauds and treasons have given me no peace nor
rest'。
��4�А� L└once de Lavergne�察 �Les Assembl└es Povinciales�察─�p。 19。 ´
Consult the official statement of the