How is it that these laws have been abolished, while so many monstrous
customs and sanguinary decrees have been preserved? The clergy, indeed,
pay a tax under the name of a free gift, and, as it is known, it is
principally the poorest and most useful part of the church--the curates
(rectors)--who pay this tax. But, why this difference and inequality of
contributions between the citizens of the same state? Why do those who
enjoy the greatest prerogatives, and who are sometimes useless to the
public, pay less than the laborer, who is so necessary? The Republic of
Venice supplies rules on this subject, which should serve as examples
to all Europe.
SECTION IV.
Churchmen have not only pretended to be exempt from taxes, they have
found the means in several provinces to tax the people, and make them
pay as a legitimate right.
In several countries, monks having seized the tithes to the prejudice of
the rectors, the peasants are obliged to tax themselves, to furnish
their pastors with subsistence; and thus in several villages, and above
all, in Franche-Comté, besides the tithes which the parishioners pay to
the monks or to chapters, they further pay three or four measures of
corn to their curates or rectors. This tax was called the right of
harvest in some provinces, and boisselage in others.
It is no doubt right that curates should be well paid, but it would be
much better to give them a part of the tithes which the monks have taken
from them, than to overcharge the poor cultivator.
Since the king of France fixed the competent allowances for the curates,
by his edict of the month of May, 1768, and charged the tithe-collectors
with paying them, the peasants should no longer be held to pay a second
tithe, a tax to which they only voluntarily submitted at a time when the
influence and violence of the monks had taken from their pastors all
means of subsistence.
The king has abolished this second tithe in Poitou, by letters-patent,
registered by the Parliament of Paris July 11, 1769. It would be well
worthy of the justice and beneficence of his majesty to make a similar
law for other provinces, which are in the same situation as those of
Poitou, Franche-Comté, etc.
By M. CHR., Advocate of Besançon.
IMPOTENCE.
I commence by this question, in favor of the impotent--"_frigidi et
maleficiati_," as they are denominated in the decretals: Is there a
physician, or experienced person of any description, who can be certain
that a well-formed young man, who has had no children by his wife, may
not have them some day or other? Nature may know, but men can tell
nothing about it. Since, then, it is impossible to decide that the
marriage may not be consummated some time or other, why dissolve it?
Among the Romans, on the suspicion of impotence, a delay of two years
was allowed, and in the Novels of Justinian three are required; but if
in three years nature may bestow capability, she may equally do so in
seven, ten, or twenty.