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exclusion of all others; during thirty or forty days after gathering
the crop。 Such is; in Touraine; the right of préage; which is the
right to send his horses; cows and oxen 〃to browse under guard in his
subjects' meadows。〃 Such is; finally; the monopoly of the great dove…
cot; from which thousands of pigeons issue to feed at all times and
seasons and on all grounds; without any one daring to kill or take
them。 Through another effect of the same qualification he imposes
quit…claims on property on which he has formerly given perpetual
leases; and; under the terms cens; censives (quit…rents); carpot
(share in wine); champart (share in grain); agrier (a cash commission
on general produce); terrage parciere (share of fruits)。 All these
collections; in money or in kind; are as various as the local
situations; accidents and transactions could possibly be。 In the
Bourbonnais he has one…quarter of the crop; in Berry twelve sheaves
out of a hundred。 Occasionally his debtor or tenant is a community:
one deputy in the National Assembly owned a fief of two hundred casks
of wine on three thousand pieces of private property。'29' Besides;
through the retrait censuel (a species of right of redemption); he can
〃retain for his own account all property sold on the condition of
remunerating the purchaser; but previously deducting for his benefit
the lord's dues (lods and ventes)。〃 The reader; finally; must take
note that all these restrictions on property constitute; for the
seignior; a privileged credit as well on the product as on the price
of the ground; and; for the copyholders; an unprescriptive;
indivisible and irredeemable debt。…Such are the feudal。 To form an
idea of them in their totality we must always imagine the count;
bishop or abbot of the tenth century as sovereign and proprietor in
his own canton。 The form which human society then takes grows out of
the exigencies of near and constant danger with a view to local
defense。 By subordinating all interests to the necessities of living;
in such a way as to protect the soil by fixing on the soil; through
property and its enjoyment; a troop of brave men under the leadership
of a brave chieftain。 The danger having passed away the structure
became dilapidated。 For a pecuniary compensation the seigniors allowed
the economical and tenacious peasant to pick off it a good many
stones。 Through constraint they suffered the king to appropriate to
himself the public portion。 The primitive foundation remains; property
as organized in ancient times; the fettered or exhausted land
supporting a social conformation that has melted away; in short; an
order of privileges and of thralldom of which the cause and the
purpose have disappeared。 '30'
V。 They may be justified by local and general services。
All this does not suffice to render this order detrimental or even
useless。 In reality; the local chief who no longer performs his
ancient service may perform a new one in exchange for it。 Instituted
for war when life was militant; he may serve in quiet times when the
régime is pacific; while the advantage to the nation is great in which
this transformation is accomplished; for; retaining its chiefs; it is
relieved of the uncertain and perilous operation which consists in
creating others。 There is nothing more difficult to establish than a
government; that is to say; a stable government: this involves the
command of some and the obedience of all; which is against nature。
That a man in his study; often a feeble old person; should dispose of
the lives and property of twenty or thirty million men; most of whom
he has never seen; that he should order them to pay away a tenth or a
fifth of their income and they should do it; that he should order them
to go and slaughter or be slaughtered and that they should go; that
they should thus continue for ten years; twenty years; through every
kind of trial; defeat; misery and invasion; as with the French under
Louis XIV; the English under Pitt; the Prussians under Frederick II。;
without either sedition or internal disturbances; is certainly a
marvelous thing。 And; for a people to remain free it is essential that
they should be ready to do this always。 Neither this fidelity nor this
concord is due to sober reflection (la raison raisonnante); reason is
too vacillating and too feeble to bring about such a universal and
energetic result。 Abandoned to itself and suddenly restored to a
natural condition; the human flock is capable only of agitation; of
mutual strife until pure force at length predominates; as in barbarous
times; and until; amidst the dust and outcry; some military leader
rises up who is; generally; a butcher。 Historically considered it is
better to continue so than to begin over again。 Hence; especially when
the majority is uncultivated; it is beneficial to have chiefs
designated beforehand through the hereditary custom by which people
follow them; and through the special education by which they are
qualified。 In this case the public has no need to seek for them to
obtain them。 They are already at hand; in each canton; visible;
accepted beforehand; they are known by their names; their title; their
fortune; their way of living; deference to their authority is
established。 They are almost always deserving of this authority; born
and brought up to exercise it they find in tradition; in family
example and in family pride; powerful ties that nourish public spirit
in them; there is some probability of their comprehending the duties
with which their prerogative endows them。
Such is the renovation; which the feudal régime admits of。 The
ancient chieftain can still guarantee his pre…eminence by his
services; and remain popular without ceasing to be privileged。 Once a
captain in his district and a permanent gendarme; he is to become the
resident and beneficent proprietor; the voluntary promoter of useful
undertakings; obligatory guardian of the poor; the gratuitous
administrator and judge of the canton; the unsalaried deputy of the
king; that is to say; a leader and protector as previously; through a
new system of patronage accommodated to new circumstances。 Local
magistrate and central representative; these are his two principal
functions; and; if we extend our observation beyond France we find
that he exercises either one or the other; or both together。
Notes:
'1'。 See note 1 at the end of the volume
'2'。 One league (lieu) ca。 4 km。 (SR。)
'3'。 Suger 〃Vie de Louis VI。;〃 chap。 VIII。 … Philippe I。 became
master of the Chateau de Montlhéry only by marrying one of his sons to
the heiress of the fief。 He thus addressed his successor: 〃My child;
take good care to keep this tower of which the annoyances have made me
grow old; and whose frauds and treasons have given me no peace nor
rest'。
'4'。 Léonce de Lavergne; 〃Les Assemblées Povinciales;〃 p。 19。 …
Consult the official statement of the prov