The State of Society in France Before the Revolution of 1789. Alexis de Tocqueville
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of land, but his property always remained very incomplete. He was obliged to till his field in a certain manner under the eye of the master, and he could neither dispose of it nor mortgage it at will. In some cases he was compelled to sell its produce; in others he was restrained from selling it; his obligation to cultivate the ground was absolute. Even his inheritance did not descend without deduction to his offspring; a fine was commonly subtracted by the lord.
I am not seeking out these provisions in obsolete laws. They are to be met with even in the Code framed by Frederic the Great and promulgated by his successor at the very time of the outbreak of the French Revolution.[10]
Nothing of the kind had existed in France for a long period of time. The peasant came, and went, and bought, and sold, and dealt, and laboured, as he pleased. The last traces of serfdom could only be detected in one or two of the eastern provinces annexed to France by conquest; everywhere else the institution had disappeared; and indeed its abolition had occurred so long before that even the date of it was forgotten. The researches of archæologists of our own day have proved that as early as the thirteenth century serfdom was no longer to be met with in Normandy.
But in the condition of the people in France another and a still greater revolution had taken place. The French peasant had not only ceased to be a serf; he had become an Owner of Land. This fact is still at the present time so imperfectly established, and its consequences, as will presently be seen, have been so remarkable, that I must be permitted to pause for a moment to examine it.
It has long been believed that the subdivision of landed property in France dates from the Revolution of 1789, and was only the result of that Revolution. The contrary is demonstrable by every species of evidence.
Twenty years at least before that Revolution, Agricultural Societies were in existence which already deplored the excessive subdivision of the soil. ‘The division of inheritances,’ said M. de Turgot, about the same time, ‘is such that what sufficed for a single family is shared among five or six children. These children and their families can therefore no longer subsist exclusively by the land.’ Necker said a few years later that there was in France an immensity of small rural properties.
I have met the following expressions in a secret Report made to one of the provincial Intendants a few years before the Revolution:—‘Inheritances are divided in an equal and alarming manner, and as every one wishes to have something of everything, and everywhere, the plots of land are infinitely divided and perpetually subdivided.’ Might not this sentence have been written in our days?
I have myself taken the infinite pains to reconstruct, as it were, the survey of landed property as it existed in France before the Revolution, and I have in some cases effected my object. In pursuance of the law of 1790, which established the land-tax, each parish had to frame a return of the landed properties then existing within its boundaries. These returns have for the most part disappeared; nevertheless I have found them in a few villages, and by comparing them with the rolls of the present holders, I have found that, in these villages, the number of landed proprietors at that time amounted to one-half, frequently to two-thirds, of their present number: a fact which is the more remarkable if it be remembered that the total population of France has augmented by more than one-fourth since that period.
Already, as at the present time, the love of the peasant for property in land was intense, and all the passions which the possession of the soil has engendered in his nature were already inflamed. ‘Land is always sold above its value,’ said an excellent contemporary observer; ‘which arises from the passion of all the inhabitants to become owners of the soil. All the savings of the lower orders which elsewhere are placed out at private interest, or in the public securities, are intended in France for the purchase of land.’
Amongst the novelties which Arthur Young observed in France, when he visited that country for the first time, none struck him more than the great division of the soil among the peasantry. He averred that half the soil of France belonged to them in fee. ‘I had no idea,’ he often says, ‘of such a state of things;’ and it is true that such a state of things existed at that time nowhere but in France, or in the immediate neighbourhood of France.
In England there had been peasant landowners, but the number of them had already considerably decreased. In Germany there had been at all times and in all parts of the country a certain number of peasant freeholders, who held portions of the soil in fee. The peculiar and often eccentric laws which regulated the property of these peasants are to be met with in the oldest of the Germanic customs; but this species of property was always of an exceptional character, and the number of these small proprietors was very limited.[11]
The districts of Germany in which, at the close of the eighteenth century, the peasants were possessed of land and lived almost as freely as in France, lay on the banks of the Rhine.[12] In those same districts the revolutionary passions of France spread with the utmost velocity, and have always been most intense. The tracts of Germany which remained, on the contrary, for the longest time inaccessible to these passions, are those where no such tenures of land had yet been introduced. The observation deserves to be made.
It is, then, a vulgar error to suppose that the subdivision of landed property in France dates from the Revolution. This state of things is far older. The Revolution, it is true, caused the lands of the Church and a great portion of the lands of the nobility to be sold; but if any one will take the trouble, as I have sometimes done, to refer to the actual returns and entries of these sales, it will be seen that most of these lands were purchased by persons who already held other lands; so that though the property changed hands, the number of proprietors increased far less than is supposed. There was already an immensity of these persons, to borrow the somewhat ambitious but, in this case, not inaccurate expression of M. Necker.
The effect of the Revolution was not to divide the soil, but to liberate it for a moment. All these small landowners were, in reality, ill at ease in the cultivation of their property, and had to bear many charges or easements on the land which they could not shake off.
These charges were no doubt onerous.[13] But the cause which made them appear insupportable was precisely that which might have seemed calculated to diminish the burden of them. The peasants of France had been released, more than in any other part of Europe, from the government of their lords, by a revolution not less momentous than that which had made them owners of the soil.
Although what is termed in France the Ancien Régime is still very near to us, since we live in daily intercourse with men born under its laws, that period seems already lost in the night of time. The radical revolution which separates us from it has produced the effect of ages: it has obliterated all that it has not destroyed. Few persons therefore can now give an accurate answer to the simple question—How were the rural districts of France administered before 1789? And indeed no answer can be given to that question with precision and minuteness, without having studied, not books, but the administrative records of that period.
It is often said that the French nobility, which had long ceased to take part in the government of the State, preserved to the last the administration of the rural districts—the Seigneurs governed the peasantry. This again is very like a mistake.
In the eighteenth century all the affairs of the parish were managed by a certain number of parochial officers, who were no longer the agents of the manor or domain, and whom the Lord no longer selected. Some of these persons were nominated by the Intendant of the province, others were elected by the peasants themselves. The duty of these authorities was to assess the taxes, to repair the church, to build schools, to convoke and preside over the vestry or parochial meeting. They attended to the property of the parish and determined the application of it—they sued and were sued in its name. Not only the lord of the domain no longer conducted the administration of these small local affairs, but he did not even superintend it. All the parish officers were under the government or the control of the central power, as we shall show in a subsequent chapter. Nay, more, the Seigneur had almost ceased to act as the representative of the Crown in the parish, or as the channel of communication between the King and his subjects. He was no longer expected to apply in the parish the general laws of the realm, to call out the militia, to collect