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the origins of contemporary france-1-第10章

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for delinquents of various kinds; and sometimes his forked gibbets。  On

the other hand; as compensation for his judicial costs; he obtains the

property of the man condemned to death and the confiscation of his

estate。  He succeeds to the bastard born and dying in his seigniory

without leaving a testament or legitimate children。  He inherits from

the possessor; legitimately born; dying in testate in his house

without apparent heirs。  He appropriates to himself movable objects;

animate or inanimate; which are found astray and of which the owner is

unknown; he claims one…half or one…third of treasure…trove; and; on

the coast; he takes for himself the waif of wrecks。  And finally; what

is more fruitful; in these times of misery; he becomes the possessor

of abandoned lands that have remained untilled for ten years。…Other

advantages demonstrate still more clearly that he formerly possessed

the government of the canton。  Such are; in Auvergne; in Flanders; in

Hainaut; in Artois; in Picardy; Alsace; and Lorraine; the dues de

poursoin ou de sauvement (care or safety within the walls of a town);

paid to him for providing general protection。  The dues of de guet et

de garde (watch and guard); claimed by him for military protection; of

afforage; are exacted of those who sell beer; wine and other

beverages; whole…sale or retail。  The dues of fouage; dues on fires; in

money or grain; which; according to many common…law systems; he levies

on each fireside; house or family。  The dues of pulvérage; quite common

in Dauphiny…and Provence; are levied on passing flocks of sheep。  Those

of the lods et ventes (lord's due); an almost universal tax; consist

of the deduction of a sixth; often of a fifth or even a fourth; of the

price of every piece of ground sold; and of every lease exceeding nine

years。  The dues for redemption or relief are equivalent to one year's

income; aid that he receives from collateral heirs; and often from

direct heirs。  Finally; a rarer due; but the most burdensome of all; is

that of acapte ou de plaid…a…merci; which is a double rent; or a

year's yield of fruits; payable as well on the death of the seignior

as on that of the copyholder。  These are veritable taxes; on land; on

movables; personal; for licenses; for traffic; for mutations; for

successions; established formerly on the condition of performing a

public service which he is no longer obliged to perform。



Other dues are also ancient taxes; but he still performs the

service for which they are a quittance。  The king; in fact; suppresses

many of the tolls; twelve hundred in 1724; and the suppression is kept

up。  A good many still remain to the profit of the seignior; … on

bridges; on highways; on fords; on boats ascending   or descending;

several being very lucrative; one of them producing 90;000 livres'25'。

He pays for the expense of keeping up bridge; road; ford and towpath。

In like manner; on condition of maintaining the market…place and of

providing scales and weights gratis; he levies a tax on provisions and

on merchandise brought to his fair or to his market。  … At Angoulême a

forty…eighth of the grain sold; at Combourg near Saint…Malo; so much

per head of cattle; elsewhere so much on wine; eatables and fish'26'

Having formerly built the oven; the winepress; the mill and the

slaughterhouse; he obliges the inhabitants to use these or pay for

their support; and he demolishes all constructions; which might enter

into competition with him'27'。  These; again; are evidently monopolies

and octrois going back to the time when he was in possession of public

authority。



Not only did he then possess the public authority but also

possessed the soil and the men on it。  Proprietor of men; he is so

still; at least in many respects and in many provinces。  〃In Champagne

proper; in the Sénonais; in la Marche; in the Bourbonnais; in the

Nivernais; in Burgundy; in Franche…Comté; there are none; or very few

domains; no signs remaining of ancient servitude 。  。  。  。  A good many

personal serfs; or so constituted through their own gratitude; or that

of their progenitors; are still found。〃'28'  There; man is a serf;

sometimes by virtue of his birth; and again through a territorial

condition。  Whether in servitude; or as mortmains; or as cotters; one

way or another; 1;500;000 individuals; it is said; wore about their

necks a remnant of the feudal collar; this is not surprising since; on

the other side of the Rhine; almost all the peasantry still wear it。

The seignior; formerly master and proprietor of all their goods and

chattels and of all their labor; can still exact of them from ten to

twelve corvées per annum and a fixed annual tax。  In the barony of

Choiseul near Chaumont in Champagne; 〃the inhabitants are required to

plow his lands; to sow and reap them for his account and to put the

products into his barns。  Each plot of ground; each house; every head

of cattle pays a quit…claim; children may inherit from their parents

only on condition of remaining with them; if absent at the time of

their decease he is the inheritor。〃 This is what was styled in the

language of the day an estate 〃with excellent dues。〃 …Elsewhere the

seignior inherits from collaterals; brothers or nephews; if they were

not in community with the defunct at the moment of his death; which

community is only valid through his consent。  In the Jura and the

Nivernais; he may pursue fugitive serfs; and demand; at their death;

not only the property left by them on his domain; but; again; the

pittance acquired by them elsewhere。  At Saint…Claude he acquires this

right over any person that passes a year and a day in a house

belonging to the seigniory。  As to ownership of the soil we see still

more clearly that he once had entire possession of it。  In the district

subject to his jurisdiction the public domain remains his private

domain; roads; streets and open squares form a part of it; he has the

right to plant trees in them and to take trees up。  In many provinces;

through a pasturage rent; he obliges the inhabitants to pay for

permits to pasture their cattle in the fields after the crop; and in

the open common lands; (les terres vaines et vagues)。  Unnavigable

streams belong to him; as well as islets and accumulations formed in

them and the fish that are found in them。  He has the right of the

chase over the whole extent of his jurisdiction; this or that commoner

being sometimes compelled to throw open to him his park enclosed by

walls。



One more trait serves to complete the picture。  This head of the

State; a proprietor of man and of the soil; was once a resident

cultivator on his own small farm amidst others of the same class; and;

by this title; he reserved to himself certain working privileges which

he always retained。  Such is the right of banvin; still widely

diffused; consisting of the privilege of selling his own wine; to the

exclusion of all others; during thirty or forty days after gathering

the cr
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