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
_Colombiers._--Certain _coutumes_ only give the right of _colombiers à
pied_ (dovecots standing apart from a building) to the _Seigneurs Hauts
Justiciers_; others grant it to all holders of fiefs. In Dauphiny,
Brittany, and Normandy, no non-noble was allowed to possess dovecot,
pigeon-house, or aviary; the nobles alone were allowed to keep pigeons.
The penalties pronounced against those who killed the pigeons were
extremely severe: the most afflictive punishments were sometimes
bestowed.
Such, according to the authors above cited, were the principal feudal
rights still exercised and dues still levied in the second half of the
eighteenth century. ‘The rights here mentioned,’ they add, ‘are those
generally established at the present time. But there are still very
many others, less known and less widely practised, which only occur
in certain _coutumes_, or only in certain _seigneuries_, in virtue of
peculiar titles.’ These rarer and more restricted feudal rights, of
which our authors thus make mention, and which they enumerate, amount
to the number of ninety-nine; and the greater part of them are directly
prejudicial to agriculture, inasmuch as they give the _Seigneurs_
certain rights over the harvests, or tolls upon the sale or transport
of grain, fruit, provisions, &c. Our authors say that most of these
feudal rights were out of use in their day; I have reason to believe,
however, that a great number of these dues were still levied, in some
places, in 1789.
After having studied, among the writers on feudal rights in the
eighteenth century, the principal feudal rights still exercised, I was
desirous of finding out what was their importance in the eyes of their
contemporaries, at least as regarded the fortunes of those who levied
them and those who had to pay them.
Renauldon, one of the authors I have mentioned, gives us an insight
into this matter, by laying before us the rules that legal men had
to follow in their valuation of the different feudal rights which
still existed in 1765, that is to say, twenty-four years before the
Revolution. According to this law writer, the rules to be observed on
these matters were as follow:--
_Droits de Justice._--‘Some of our _coutumes_,’ he says, ‘estimate
the value of _justice haute_, _basse_, or _moyenne_ at a tenth of the
revenues of the land. At that time the seignorial jurisdiction was
considered of great importance. Edmé de Fréminville opines that, at
the present day, the right of jurisdiction ought not to be valued at
more than a twentieth of the revenues of the land; and I consider this
valuation still too large.’
_Droits Honorifiques._--‘However inestimable these rights may be
considered,’ declares our author, a man of a practical turn of mind,
and not easily led away by appearances, ‘it would be prudent on the
part of those who make valuations to fix them at a very moderate price.’
Public-domain text, read in full here on John Shaqi.
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