The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
they were to be valued, and what capital each of them represented,
according to its importance. All these points, so immediately affecting
a thousand pecuniary interests, were subject to litigation; and thus
was constituted a distinct class of legal men, whose only occupation
it was to elucidate them. Many of these men wrote during the second
half of the eighteenth century; some even just upon the threshold
of the Revolution. They were not lawyers, properly speaking, but
practitioners, whose only task it was to point out to professional
men the rules to be followed in this special and little attractive
portion of legal science. By an attentive study of these _feudistes_, a
tolerably minute and distinct idea of a subject, the size and confusion
of which is at first bewildering, may be at last come at. The author
gives below the most succinct summary he was able to make of his
work. These notes are principally derived from the work of Edmé de
Fréminville, who wrote about the year 1750, and from that of Renauldon,
written in 1765, and entitled ‘_Traité historique et pratique des
Droits Seigneuriaux_.’
The _cens_ (that is to say, the perpetual quit-rent, in kind and in
money, which, by the feudal laws, was affixed to the possession of
certain lands) still, in the eighteenth century, affected most deeply
the position of a great number of landed proprietors. This _cens_
continued to be indivisible, that is to say, the entire _cens_ might
be claimed of any one of the possessors of the property, subject to
the _cens_ at will. It was always irredeemable. No proprietor of any
lands, subject to the _cens_, could sell them without being exposed to
the _retrait censuel_, that is to say, without being obliged to let the
property be taken back at the price of the sale; but this only took
place in certain _coutumes_. The _coutume_ of Paris, which was the most
general, did not recognise this right.
_Lods et Ventes._--It was a general rule that, in every part of the
country where the _coutume_ prevailed, the sale of every estate
subject to the _cens_ should produce what were called _lods et
ventes_; in other words, the fines paid to the lords of the manor,
upon the alienation of this kind of property. These dues were more or
less considerable, according to the customs of the manor, but were
everywhere considerable enough; they existed just as well in parts
where the _droit écrit_ (written law) was established. They generally
consisted of one-sixth of the price, and were then named _lods_. But in
these parts the lord of the manor had to establish his rights. In what
was called _pays écrit_, as well as in _pays coutumier_, the _cens_
gave the lord of the manor a privilege which took precedence of all
other debts on the estate.
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