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
_Banalités._ (Rights possessed by the lords of certain manors to oblige
those residing on them to make use of his baking-office, mill, &c.,
upon payment.)--The provinces of Flanders, Artois, and Hainault were
alone exempt from _banalités_. The Custom of Paris rigorously requires
that this should not be exercised without written title. Every person
domiciled within the circuit of the _banalité_ was subject to it, and,
most generally, even the nobles and priests also.
Besides the _banalité_ of the wine-press and baking-office there
existed several others:--
(1.) _Banalités_ of industrial establishments, such as for cloth,
tanning, or hemp. This _banalité_ is established by many _coutumes_, as
for instance, by those of Anjou, the Maine, and Brittany.
(2.) _Banalités_ of the wine-press. Few _coutumes_ mention this. But
that of Lorraine, as well as that of the Maine, establish it.
(3.) _Banalité_ of the manor bull. No _coutumes_ mention this; but
there were title-deeds that established the right. The same may be said
of the right of _banalité_ for butchers’ shambles.
In general these latter _banalités_ of which we have just spoken were
more uncommon, and looked upon with a still less favourable eye than
the others. They could only be exercised by the clearest declaration
of the _coutumes_, or, where that was wanting, by the most precise
title.
_Ban des Vendanges._--This was still practised throughout the whole of
the kingdom in the eighteenth century. It was a simple right of police
attached to the right of _haute justice_. In order to exercise it,
the _Seigneur_, who was _Haut Justicier_, did not need to possess any
other title. The _ban des vendanges_ was obligatory upon everybody. The
_coutumes_ of Burgundy give the _Seigneur_ the right of gathering in
his vintage a day before any other vine proprietor.
_Droit de Banvin._--This was a right still possessed by a quantity
of _Seigneurs_ (as our authors have it), either by custom or special
title, to sell the wine grown upon their manors for a certain period
of time, in general a month or forty days, before any one else. Among
the _grandes coutumes_ those of Tours, Anjou, the Maine, and La Marche
alone established it, and had regulations for it. A verdict of the
_Cour des Aides_, dated 28th August, 1751, authorises publicans (as
an exception to the common rule) to sell wine during the _banvin_;
but this must have referred only to the wine of the _Seigneur_, made
from that year’s growth. The _coutumes_ that establish and regulate
the right of _banvin_ generally require that it should be founded upon
legal title.
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