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
_Droit de Blairie_ was a right belonging to the _Seigneur_, who was
_Haut Justicier_, to grant permission to the inhabitants to have their
cattle graze upon lands situated throughout his jurisdiction, or upon
waste lands. This right did not exist in any parts regulated by _droit
écrit_; but it was common enough in those where the _droit coutumier_
was in force. It was to be found under different denominations, more
particularly in the Bourbonnais, the Nivernais, Auvergne, and Burgundy.
This right rested upon the supposition that the whole territory
originally belonged to the _Seigneur_, in such wise that, after the
distribution of the greater part into _fiefs_, _cencites_, and other
concessions of lands upon quit-rents, there still remained portions
which could only be used for waste pasture-ground, and of which he
might grant the temporary use to others. The _blairie_ was established
in several _coutumes_; but it could only be claimed by a _Seigneur_ who
was _Haut Justicier_, and was maintained only by some special title, or
at least by old claims supported by long possession.
_Péages._--According to our authors, there originally existed a
prodigious number of manorial tolls upon bridges, rivers, and roads.
Louis XIV. did away with a great number of them. In 1724 a commission,
nominated to examine into the titles by which the tolls were claimed,
suppressed twelve hundred of them; and, in 1765, they were still being
constantly suppressed. ‘The principle observed in this respect,’ says
Renauldon, ‘was that, inasmuch as the toll was a tax, it was necessary
to be founded not only upon legal title, but upon one emanating from
the sovereign.’ The toll was levied ‘_De par le Roi_.’ One of the
conditions of the toll was that it should be established by _tarif_
regulating the dues, which each kind of merchandise had to pay. It
was necessary that this _tarif_ should be approved by a decree of
the Council. ‘The title of concession,’ says one author, ‘had to be
followed by uninterrupted possession.’ In spite of these precautions
legally taken, it appears that the value of the tolls had greatly
increased in later times. ‘I know one toll,’ says the same author,
‘that was farmed out, a century ago, at 100 livres, and now brings in
1400; and another, farmed at 39,000 livres, that brings in 90,000.’ The
principal ordinances or principal decrees that regulated the right of
toll, were paragraph 29 of the Ordinance of 1669, and the Decrees of
1683, 1693, 1724, 1775.
The authors I have quoted, although in general favourable enough to
feudal rights, acknowledge that great abuses were committed in the
levying of the tolls.
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