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
_Bacs._--The right of ferries differed materially from the right of
toll. The latter was only levied upon merchandise; the former upon
individuals, animals, and carriages. It was necessary that this right,
in order to be exercised, should likewise be authorised by the King;
and the dues, to be levied, had to be fixed by the same decree of
Council that established and authorised it.
_Droit de Leyde_ (to which many other names have been given in
different places) was a tax levied upon merchandise brought to fairs
and markets. Many lords of the manor (as appears by our _feudistes_)
considered this right as one attached to the right of _haute justice_,
and wholly manorial, but quite mistakenly, inasmuch as it could only
be authorised by the King. At all events, this right only belonged to
the _Seigneur_, who was _Haut Justicier_: he levied the police fines,
to which the exercise of the right gave occasion. It appears, however,
that, although by theory the _droit de leyde_ could only emanate from
the King, it was frequently set up solely upon the basis of feudal
title or long possession.
It is very certain that fairs could not be established otherwise than
by Royal authorisation.
The lords of the manor, however, had no need of any precise title, or
any concession on the part of the King, for the exercise of the right
of regulating the weights and measures to be used by their vassals
in all fairs and markets held upon the manor. It was enough for the
right to be founded upon custom and constant possession. Our authors
say that all the Kings, who, one after the other, were desirous of
re-establishing uniformity in the weights and measures, failed in the
attempt. Matters had been allowed to remain at the same point where
they were when the old _coutumes_ were drawn up.
_Chemins._ (Rights exercised by the lords of the manor upon
roads.)--The high roads, called ‘_Chemins du Roi_’ (King’s highway),
belonged, in fact, to the sovereigns alone; their formation, their
reparation, and the offences committed upon them, were beyond the
cognisance of the _Seigneurs_ or their judges. The by-roads, to be
met with on any portion of a _Seigneurie_, doubtless belonged to such
_Seigneurs_ as were _Hauts Justiciers_. They had all the rights of
_voirie_ and police upon them, and their judges took cognisance of all
the offences committed upon them, except in Royal cases. At an earlier
period the _Seigneurs_ had been obliged to keep up the high roads
passing through their _seigneurie_, and, as a compensation for the
expenses incurred in these repairs, they were allowed the dues arising
from tolls, settlement of boundaries, and barriers; but, at this epoch,
the King had resumed the general direction of the high roads.
Public-domain text, read in full here on John Shaqi.
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