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
_Eaux._--All the rivers, both navigable and floatable (admitting the
passage of rafts), belonged to the King, although they flowed through
the property of lords of the manor, and in spite of any title to the
contrary. (See Ordinance of 1669.) If the lords of the manor levied
any dues upon these rivers, it was those arising from the rights of
fishing, the mills, ferry-boats, and bridge-tolls, &c., in virtue of
concessions emanating only from the King. There were some lords of the
manor who still arrogated to themselves the rights of jurisdiction
and police upon these rivers; but this manifestly only arose from
usurpation, or from concessions improperly acquired.
The smaller rivers unquestionably belonged to the _Seigneurs_ through
whose property they flowed. They possessed in them the same rights of
property, of jurisdiction, and police, which the King possessed upon
the navigable rivers. All _Seigneurs Hauts Justiciers_ were universally
the lords of the non-navigable rivers running through their territory.
They wanted no other legal title for the exercise of their claims
than that which conferred the right of _haute justice_. There were
some customs, such as the _Coutume du Berri_, that authorised private
individuals to erect a mill upon the seignorial river passing through
the lands they occupied, without the permission of the _Seigneur_. The
_Coutume de Bretagne_ only granted this right to private personages
who were noble. As a matter of general right, it is very certain
that the _Seigneur Haut Justicier_ had alone the right of erecting
mills throughout every part of his jurisdiction. No one was entitled
to erect barriers for the protection of his property without the
permission of the judges of the _Seigneur_.
_Fontaines.--Puits.--Routoirs.--Étangs._--The rain-water that fell
upon the high roads belonged exclusively to the _Seigneurs Hauts
Justiciers_; they alone were enabled to dispose of it. The _Seigneur
Haut Justicier_ possessed the right of constructing ponds in any part
throughout his jurisdiction, and even upon lands in the possession of
those who resided under it, upon the condition of paying them the price
of the ground put under water. Private individuals were only able to
make ponds upon their own soil; and, even for this, many _coutumes_
require that permission should be obtained of the _Seigneur_. The
_coutumes_, however, thus requiring the acquiescence of the _Seigneur_,
establish that it is to be given gratuitously.
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