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
_La Pêche._--The right of fishing on navigable or floatable rivers
belonged only to the King, and he alone could make grants of this
right. The Royal Judges alone had the right of judging offences
against the right of fishery. There were many _Seigneurs_, however,
who exercised the right of fishing in these streams; but they either
possessed by concession made by the King, or had usurped it. No
person could fish, even with the rod, in non-navigable rivers without
permission from the _Seigneur Haut Justicier_ within whose limits they
flowed. A judgment (dated April 30th, 1749) condemns a fisherman in a
similar case. Even the _Seigneurs_ themselves, however, were obliged,
in fishing, to observe the general regulations respecting fisheries.
The _Seigneur Haut Justicier_ was enabled to give the right of fishing
in his river to tenants in fief, or _à cens_.
_La Chasse._--The right of the chase was not allowed to be farmed
out like that of fishing. It was a personal right, arising from the
consideration that it belonged to the King, and that the nobles
themselves could not exercise it, in the interior of their own
jurisdiction, without the permission of the King. This doctrine was
established in an Ordinance of 1669 (par. 30). The judges of the
_Seigneur_ had the power of taking cognisance of all offences against
the rights of the chase, except in cases appertaining to _bêtes
rousses_ (signifying, it would appear, what were generally called
‘_grosses bêtes_’--stags, does, &c.), which were considered Royal.
The right of shooting and hunting was more interdicted to the non-noble
than any other. The fee fief of the non-noble did not even bestow it.
The King never granted it in his own hunt. So closely observed was
this principle, and so rigorous was the right considered, that the
_Seigneur_ was not allowed to give any permission to hunt. But still
it did constantly occur that _Seigneurs_ granted such permissions
not only to nobles but to non-nobles. The _Seigneur Haut Justicier_
possessed the faculty of hunting and shooting on any part of his
own jurisdiction, but alone. He was allowed to make regulations
and establish prohibitions upon matters appertaining to the chase
throughout its extent. Every _Seigneur de Fief_, although not having
the feudal power of judicial courts, was allowed to hunt and shoot
in any part of his fief. Nobles who possessed neither fief nor
jurisdiction were allowed to do so upon the lands belonging to them in
the immediate neighbourhood of their dwelling-houses. It was decided
that the non-noble possessing a park upon the territory of a _Seigneur
Haut Justicier_ was obliged to leave it open for the diversion of the
lord. But this judgment was given as long ago as 1668.
_Garennes._--Rabbit-warrens could not be established without
title-right. Non-nobles, as well as nobles, were allowed to have
rabbit-warrens; but the nobles alone were allowed to keep ferrets.
Public-domain text, read in full here on John Shaqi.
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