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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 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