The Ancient Regime. Taine Hippolyte
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Unnavigable streams belong to him, 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, 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, a proprietor of man and of the soil, was once a resident cultivator on his own small farm amidst others of the same class, and, by this title, he reserved to himself certain working privileges which he always retained. Such is the right of banvin, still widely diffused, consisting of the privilege of selling his own wine, to the exclusion of all others, during thirty or forty days after gathering the crop. Such is, in Touraine, the right of préage, which is the right to send his horses, cows and oxen "to browse under guard in his subjects' meadows." Such is, finally, the monopoly of the great dove-cot, from which thousands of pigeons issue to feed at all times and seasons and on all grounds, 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, and, under the terms cens, censives (quit-rents), carpot (share in wine), champart (share in grain), agrier (a cash commission on general produce), terrage parciere (share of fruits). All these collections, in money or in kind, are as various as the local situations, accidents and transactions could possibly be. In the Bourbonnais he has one-quarter of the crop; 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.1229 Besides, through the retrait censuel (a species of right of redemption), he can "retain for his own account all property sold on the condition of remunerating the purchaser, but previously deducting for his benefit the lord's dues (lods and ventes)." The reader, finally, must take note that all these restrictions on property constitute, for the seignior, a privileged credit as well on the product as on the price of the ground, and, for the copyholders, 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, through property and its enjoyment, 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, property as organized in ancient times, the fettered or exhausted land supporting a social conformation that has melted away, in short, an order of privileges and of thralldom of which the cause and the purpose have disappeared. 1230
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, 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, he may serve in quiet times when the régime is pacific, while the advantage to the nation is great in which this transformation is accomplished; for, retaining its chiefs, it is relieved of the uncertain and perilous operation which consists in creating others. There is nothing more difficult to establish than a government, that is to say, a stable government: this involves the command of some and the obedience of all, which is against nature. That a man in his study, often a feeble old person, should dispose of the lives and property of twenty or thirty million men, most of whom he has never seen; that he should order them to pay away a tenth or a fifth of their income and they should do it; that he should order them to go and slaughter or be slaughtered and that they should go; that they should thus continue for ten years, twenty years, through every kind of trial, defeat, misery and invasion, as with the French under Louis XIV, the English under Pitt, the Prussians under Frederick II., without either sedition or internal disturbances, is certainly a marvelous thing. And, 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); 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, the human flock is capable only of agitation, of mutual strife until pure force at length predominates, as in barbarous times, and until, amidst the dust and outcry, some military leader rises up who is, generally, a butcher. Historically considered it is better to continue so than to begin over again. Hence, especially when the majority is uncultivated, it is beneficial to have chiefs designated beforehand through the hereditary custom by which people follow them, 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, in each canton, visible, accepted beforehand; they are known by their names, their title, their fortune, their way of living; deference to their authority is established. They are almost always deserving of this authority; born and brought up to exercise it they find in tradition, in family example and in family pride, powerful ties that nourish public spirit in them; there is some probability of their comprehending the duties with which their prerogative endows them.
Such is the renovation, which the feudal régime admits of. The ancient chieftain can still guarantee his pre-eminence by his services, and remain popular without ceasing to be privileged. Once a captain in his district and a permanent gendarme, he is to become the resident and beneficent proprietor, the voluntary promoter of useful undertakings, obligatory guardian of the poor, the gratuitous administrator and judge of the canton, the unsalaried deputy of the king, that is to say, a leader and protector as previously, through a new system of patronage accommodated to new circumstances. Local magistrate and central representative, these are his two principal functions, and, if we extend our observation beyond France we find that he exercises either one or the other, or both together.
1201 (return) [ See note 1 at the end of the volume]
1202 (return) [ One league (lieu) ca. 4 km. (SR.)]
1203 (return) [ Suger "Vie de Louis VI.," chap. VIII.—Philippe I. became master of the Château de Montlhéry only by marrying one of his sons to the heiress of the fief. He thus addressed his successor: "My child, take good care to keep this tower of which the annoyances have made me grow old, and whose frauds and treasons have given me no peace nor rest'.]
1204 (return) [ Léonce de Lavergne, "Les Assemblées Povinciales," p. 19.—Consult the official statement of the provincial assemblies, and especially the chapters treating of the vingtièmes (an old tax of one-twentieth on incomes.--TR.)]
1205 (return) [ A report made by Treilhard in the name of the ecclesiastic committee, (Moniteur, 19th December, 1789): The religious establishments for sale in Paris alone were valued at 150 millions. Later (in the session of the 13th February, 1791), Amelot estimates the property sold and to be sold, not including forests, at 3,700 millions. M. de Bouillé estimates the revenue of the clergy at 180 millions. (Mémoires, p.44). {French currency is so well known to