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the origins of contemporary france-1-第20章

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Tilly; 〃Mémoires;〃 II。  215。)



'50'。  Renauldon; ibid。。  45; 52; 628。  … Duvergier; 〃Collection des

Lois;〃 II。  391; law of August 31; … October 18; 1792。  … Statements

(cahier) of grievances of a magistrate of the Chatelet on seigniorial

courts (1789); p。  29。  …  Legrand; 〃 l'Intendance du Hainaut;〃 p。119。





'51'。  Archives Nationales; H; 654 (〃Mémoire〃 by René de Hauteville;

advocate to the Parliament; Saint…Brieuc; October 5; 1776。) In

Brittany the number of seigniorial courts is immense; the pleaders

being obliged to pass through four or five jurisdictions before

reaching the Parliament。  〃Where is justice rendered? In the cabaret;

in the tavern; where; amidst drunkards and riff…raff; the judge sells

justice to whoever pays the most for it。〃



'52'。  Beugnot; 〃Mémoires;〃 vol。  I。  p。  35。



'53'。  Boivin…Champeaux; ibid。。  48。  … Renauldon; 26; 416。  …

Manuscript reports of the States…general (Archives nationales); t。

CXXXII。  pp。  896 and 901。  …  Hippeau; 〃Le Gouvernement de Normandie;〃

VII。  61; 74。  … Paris; 〃La Jeunesse de Robespierre;〃 pp。314…324。  …

〃Essai sur les capitaineries royales et autres;〃 (1789) passim。  … De

Loménie; 〃Beaumarchais et son emps;〃 I。  125。  Beaumarchais having

purchased the office of lieutenant…general of the chase in the

bailiwicks of the Louvre warren (twelve to fifteen leagues in

circumference。  approx。  60 km。  SR。) tries delinquents under this title。

July 15th; 1766; he sentences Ragondet; a farmer to a fine of one

hundred livres together with the demolition of the walls around an

enclosure; also of his shed newly built without license; as tending to

restrict the pleasures of the king。



'54'。  Marquis D'Argenson; 〃Mémoires;〃 ed。  Rathery; January 27;

1757。  〃The sieur de Montmorin; captain of the game…preserves of

Fontainebleau; derives from his office enormous sums; and behaves

himself like a bandit。  The population of more than a hundred villages

around no longer sow their land; the fruits and grain being eaten by

deer; stags and other game。  They keep only a few vines; which they

preserve six months of the year by mounting guard day and night with

drums; making a general turmoil to frighten off the destructive

animals。〃  January 23; 1753。  … 〃 M。 le Prince de Conti has established

a captainry of eleven leagues around Ile…Adam and where everybody is

vexed at it。〃  September 23; 1753。  … M。 le Duc d'Orléans came to

Villers…Cotterets; he has revived the captainry; there are more than

sixty places for sale on account of these princely annoyances。



'55'。  The old peasants with whom I once have talked still had a

clear memory of these annoyances and damages。  … They recounted how; in

the country around Clermont; the gamekeepers of Prince de Condé in the

springtime took litters of wolves and raised them in the dry moats of

the chateau。  They were freed in the beginning of the winter; and the

wolf hunting team would then hunt them later。  But they ate the sheep;

and; here and there; a child。



'56'。  The estates of the king encompassed in forest one million

acres; not counting forests in the appanages set aside for his eldest

son or for factories or salt works。



'57'。  De Montlosier; 〃Mémoires;〃 I。  175。















CHAPTER IV。  PUBLIC SERVICES DUE BY THE PRIVILEGED CLASSES。



I。  England compared to France。



An English example。  … The Privileged class renders no service in

France。  … The influence and rights which remain to them。  … They use it

only for themselves。



USELESS in the canton; they might have been useful at the Center of

the State; and; without taking part in the local government; they

might have served in the general government。  Thus does a lord; a

baronet; a squire act in England; even when not a 〃justice〃 of his

county or a committee…man in his parish。  Elected a member of the Lower

House; a hereditary member of the upper house; he holds the strings of

the public purse and prevents the sovereign from spending too freely。

Such is the régime in countries where the feudal seigniors; instead of

allowing the sovereign to ally himself with the people against them;

allied themselves with the people against the sovereign。  To protect

their own interests better they secured protection for the interests

of others; and; after having served as the representatives of their

compeers they became the representatives of the nation。  Nothing of

this kind takes place in France。  The States…General are fallen into

desuetude; and the king may with truth declare himself the sole

representative of the country。  Like trees rendered  lifeless under the

shadow of a gigantic oak; other public powers perish through his

growth; whatever still remains of these encumbers the ground; and

forms around him a circle of clambering briers or of decaying trunks。

One of them; the Parliament; an offshoot simply of the great oak;

sometimes imagined itself in possession of a root of its own; but its

sap was too evidently derivative for it to stand by itself and provide

the people with an independent shelter。  Other bodies; surviving;

although stunted; the assembly of the clergy and the provincial

assemblies; still protect an order; and four or five provinces; but

this protection extends only to the order itself or to the province;

and; if it protects a special interest it is commonly at the expense

of the general interest。



II。  The Clergy



Assemblies of the clergy。  … They serve only ecclesiastical

interests。  … The clergy exempted from taxation。  … Solicitation of its

agents。  … Its zeal against the Protestants。



   Let us observe the most vigorous and the best…rooted of these

bodies; the assembly of the clergy。  It meets every five years; and;

during the interval; two agents; selected by it; watch over the

interests of the order。  Convoked by the government; subject to its

guidance; retained or dismissed when necessary; always in its hands;

used by it for political ends; it nevertheless continues to be a

refuge for the clergy; which it represents。  But it is an asylum solely

for that body; and; in the series of transactions by which it defends

itself against fiscal demands; it eases its own shoulders of the load

only to make it heavier on the shoulders of others。  We have seen how

its diplomacy saved clerical immunities; how it bought off the body

from the poll…tax and the vingtièmes; how it converted its portion of

taxation into a 〃free gift;〃 how this gift is annually applied to

refunding the capital which it has borrowed to obtain this exemption;

by which delicate art it succeeds; not only in not contributing to the

treasury; but in withdrawing from it every year about 1;500;000

livres; all of which is so much the better for the church but so much

the worse for the people。  Now run through the file of folios in which

from one period of five years to another the reports of its agents

follow each other; … so many clever men thus preparing themselves for

the highest positions in the church; the abbés de Boisgelin; de

Périgord; de Barral; de Montesquiou; at each moment; owing to their

solicitations with judges and the council; owing to the authority

which the discontent of the powerful   order felt to be behind them

gives to their complaints; some ecclesiastic matter is decided in an

ecclesiastical sense; so feudal right is maintained in favor of a

chapter or of a bishop; some public demand is thrown out。'1'  In 1781;

notwithstanding decision of the Parliament of Rennes; the canons of

St。  Malo are sustained in their monopoly of the district baking oven。

This is to the detriment of the bakers who prefer to bake at their own

domiciles as well as of the inhabitants who would have to pay less for

bread made by the bakers。  In 1773; Guénin; a schoolmaster; discharged

by the bishop of Langres; and supported in vain by inhabitants; is

compelled to hand his place over to a successor appointed by the

bishop。  In 1770; Rastel; a Protestant; having opened a public school

at Saint…Affrique; is prosecuted at the demand of the bishop and of

clerical agents; his school is closed and he is imprisoned。  When an

organized body keeps purse strings in its own hands it secures many

favors; these are the equivalent for the money it grants。  The

commanding tone of the king and the submissive air of the clergy

effect no fun mental change; with both of them it is a bargain;'2'

giving and taking on both sides; this or that law against the

Protestants going for one or two millions added to the free gift。  In

this way the revocation of the Edict of Nantes is gradually brought

about; article by article; one turn of the rack after another turn;

each fresh persecution purchased by a fresh largess; the clergy

helping the State on condition that the State becomes an executioner。

Throughout the eighteenth century the church sees that this operation

continues。'3'  In 1717; an assemblage of 
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