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
There were both noble and non-noble _francs alleux_. The noble _franc
alleu_ had its right of jurisdiction or fiefs dependent on it, or lands
paying quit-rents: it followed all the observances of feudal law in
subdivision. The non-noble _franc alleu_ had neither jurisdiction, nor
fief, nor _censive_, and was heritable according to the laws affecting
non-nobles. The author looks upon the holders of _francs alleux_ as
alone possessing complete property in the land.
_Valuation of Estates in Franc Alleu._--They were valued the highest of
all. The _coutumes_ of Auvergne and Burgundy put the valuation of them
as high as 40 years’ purchase. Our author opines that their valuation
at 30 years’ purchase would be exact. It must be observed that all
non-noble _francs alleux_ placed within the limits of a seignorial
jurisdiction were subject to this jurisdiction. They were not in any
dependence of vassalage to the _Seigneur_, but owed submission to a
jurisdiction which had the position of that of the Courts of the State.
(2.) The second kind was that of estates held in fief.
(3.) The third was that of estates held on quit-rents, or, in the law
language of the time, _Rotures_.
_Valuation of an Estate held in Fief._--The valuation was less,
according as the feudal burdens on it were greater.
(1.) In the parts of the country where written law was observed, and in
many of the _coutumes_, the fiefs lay only under the obligation of what
was called ‘_la bouche et les mains_,’ that is to say, that of doing
homage.
(2.) In other _coutumes_ the fiefs, besides the obligation of ‘_la
bouche et les mains_,’ were what was called ‘_de danger_,’ as in
Burgundy, and were subject to the _commise_, or feudal resumption, in
case the holder of the property should take possession without having
rendered submission or homage.
(3.) Other _coutumes_, again, as in that of Paris and many others,
subject the _fiefs_ not only to the obligation of doing homage, but to
the _rachat_, the _quint_, and the _requint_.
(4.) By other _coutumes_, also, such as that of Poitou and a few
others, they were subjected to _chambellage_ dues, the _cheval de
service_, &c.
Of these four all estates of the first category were valued more highly
than the others.
The _coutume_ of Paris laid their valuation at 20 years’ purchase,
which is looked upon by our author as tolerably correct.
_Valuation of Estates ‘en roture’ and ‘en censive.’_--In order to
come to a proper valuation, these lands have to be divided into three
classes:--
(1.) Estates held simply on quit-rents.
(2.) Those which, beside the quit-rent, are subject to other kinds of
feudal servitude.
(3.) Those held in mortmain, _à taille réelle, en bordelage_.
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