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the origins of contemporary france-1-第22章

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be admitted into the royal courts and they take no oaths。  〃What is the

result? Justice; too often administered by knaves; degenerates into

brigandage or into a frightful impunity。〃  … Ordinarily the seignior

who sells the office on a financial basis; deducts; in addition; the

hundredth; the fiftieth; the tenth of the price; when it passes into

other hands; and at other times he disposes of the survivorship。  He

creates these offices and survivorships purposely to sell them。  〃All

the seigniorial courts; say the registers; are infested with a crowd

of officials of every description; seigniorial sergeants; mounted and

unmounted officers; keepers of the provostship of the funds; guards of

the constabulary。  It is by no means rare to find as many as ten in an

arrondissement which could hardly maintain two if they confined

themselves within the limits of their duties。〃 Also 〃they are at the

same time judges; attorneys; fiscal…attorneys; registrars; notaries;〃

each in a different place; each practicing in several seigniories

under various titles; all perambulating; all in league like thieves at

a fair; and assembling together in the taverns to plan; prosecute and

decide。  Sometimes the seignior; to economize; confers the title on one

of his own dependents: 〃At Hautemont; in Hainaut; the fiscal…attorney

is a domestic。〃 More frequently he nominates some starveling advocate

of a petty village in the neighborhood on wages which would not

suffice to keep him alive a week。〃 He indemnifies himself out of the

peasants。  Processes of chicanery; delays and willful complications in

the proceedings; sittings at three livres the hour for the advocate

and three livres the hour for the bailiff。  The black brood of judicial

leeches suck so much the more eagerly; because the more numerous; a

still more scrawny prey; having paid for the privilege of sucking

it。'51' The arbitrariness; the corruption; the laxity of such a régime

can be divined。  〃Impunity;〃 says Renauldon; 〃is nowhere greater than

in the seigniorial tribunals 。  。  。  。  The foulest crimes obtain no

consideration there;〃 for the seignior dreads supplying the means for

a criminal trial; while his judges or prosecuting attorneys fear that

they will not be paid for their proceedings。  Moreover; his jail is

often a cellar under the chateau; 〃there is not one tribunal out of a

hundred in conformity with the law in respect of prisons;〃 their

keepers shut their eyes or stretch out their hands。  Hence it is that

〃his estates become the refuge of all the scoundrels in the canton。〃

The effect of his indifference is terrible and it is to react against

him: to…morrow; at the club; the attorneys whom he has multiplied will

demand his head; and the bandits whom he has tolerated will place it

on the end of a pike。



One…point remains; the chase; wherein the noble's jurisdiction is

still active and severe; and it is just the point which is found the

most offensive。  Formerly; when one…half of the canton consisted of

forest; or waste land; while the other half was being ravaged by wild

beasts; he was justified in reserving the right to hunt them; it

entered into his function as local captain。  He was the hereditary

gendarme; always armed; always on horseback; as well against wild

boars and wolves as against rovers and brigands。  Now that nothing is

left to him of the gendarme but the title and the epaulettes he

maintains his privilege through tradition; thus converting a service

into an annoyance。  Hunt he must; and he alone must hunt; it is a

physical necessity and; it the same time; a sign of his blood。  A

Rohan; a Dillon; chases the stag although belonging to the church; in

spite of edicts and in spite of the canons。  〃You hunt too much;〃 said

Louis XV。'52' to the latter; 〃I know something about it。  How can you

prohibit your curates from hunting if you pass your life in setting

them such an example? … Sire; for my curates the chase is a fault; for

myself it is the fault of my ancestors。〃 When the vanity and arrogance

of caste thus mounts guard over a right it is with obstinate

vigilance。  Accordingly; their captains of the chase; their game…

keepers; their wood…rangers; their forest…wardens protect brutes as if

they were men; and hunt men as if they were brutes。  In the bailiwick

of Pont…l'Evèque in 1789 four instances are cited 〃of recent

assassinations committed by the game…keepers of Mme。  d'A; …Mme。  N…

…; a prelate and a marshal of France; on commoners caught breaking

the game laws or carrying guns。  All four publicly escape punishment。〃

In Artois; a parish makes declaration that 〃on the lands of the

Chattellany the game devours all the avêtis (pine saplings) and that

the growers of them will be obliged to abandon their business。〃 Not

far off; at Rumancourt; at Bellone; 〃the hares; rabbits and partridges

entirely devour them; Count d'Oisy never hunting nor having hunts。〃 In

twenty villages in the neighborhood around Oisy where he hunts it is

on horseback and across the crops。  〃His game…keepers; always armed;

have killed several persons under the pretense of watching over their

master's rights。  。  。  。  The game; which greatly exceeds that of the

royal captaincies; consumes annually all prospects of a crop; twenty

thousand razières of wheat and as many of other grains。〃 In the

bailiwick of Evreux 〃the game has just destroyed everything up to the

very houses。  。  。  。  On account of the game the citizen is not free to

pull up the weeds in summer which clog the grain and injure the seed

sown。  。  。  。  How many women are there without husbands; and children

without fathers; on account of a poor hare or rabbit!〃 The game…

keepers of the forest of Gouffray in Normandy 〃are so terrible that

they maltreat; insult and kill men。  。  。  。  I know of farmers who;

having pleaded against the lady to be indemnified for the loss of

their wheat; not only lost their time but their crops and the expenses

of the trial。  。  。  。  Stags and deer are seen roving around our houses

in open daylight。〃 In the bailiwick of Domfront; 〃the inhabitants of

more than ten parishes are obliged to watch all night for more than

six months of the year to secure their crops。'53' …This is the effect

of tile right of the chase in the provinces。  It is; however; in the

Ile…de…France; where captaincies abound; and become more extensive;

that the spectacle is most lamentable。  A procés…verba1 shows that in

the single parish of Vaux; near Meulan; the rabbits of warrens in the

vicinity ravage eight hundred cultivated arpents (acres) of ground and

destroy the crops of two thousand four hundred setiers (three acres

each); that is to say; the annual supplies of eight hundred persons。

Near that place; at la Rochette; herds of deer and of stags devour

everything in the fields during the day; and; at night; they even

invade the small gardens of the inhabitants to consume vegetables and

to break down young trees。  It is found impossible in
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