The State of Society in France Before the Revolution of 1789

The most curious circumstance is, that all this is addressed to the Comptroller-General himself, in order to dispose him favourably towards the privileges of those who make the statement, so inveterate had the habit become of looking upon the companies charged with the collection of the taxes as an enemy who might be attacked on every side without blame or opposition. This habit grew stronger and more universal every day, until all taxation came to be looked upon as an unfair and hateful tyranny; not as the agent of all men, but as the common enemy.

‘The union of all the offices,’ the report goes on to say, ‘was effected for the first time by an order in council of the 4th September, 1694, for a sum of 22,000 livres;’ that is to say, that the offices were redeemed in that year for the above-named sum. By an order of 26th April, 1723, the municipal offices created by the edict of 24th May, 1722, were united to the corporation of the town, or, in other words, the town was authorised to purchase them. By another order of 24th May, 1723, the town was permitted to borrow 120,000 livres for the purchase of the said offices. Another order of 26th July, 1728, allowed it to borrow 50,000 livres for the purchase of the office of greffier secretary of the Hôtel de Ville. ‘The town,’ says the report, ‘has paid these moneys in order to maintain the freedom of its elections, and to secure to the officers elected—some for two years and others for life—the various prerogatives belonging to their offices.’ A part of the municipal offices having been re-established by the edict of November, 1733, an order in council intervened, dated 11th January, 1751, at the request of the mayor and échevins, fixing the rate of redemption at 170,000 livres, for the payment of which a prorogation of the octrois was granted for fifteen years.

This is a good specimen of the administration of the monarchy, as far as the towns were concerned. They were forced to contract debts, and then authorised to impose extraordinary and temporary taxes in order to pay them. Moreover, I find that these temporary taxes were frequently rendered perpetual after some time, and then the Government took its share of them.

The report continues thus: ‘The municipal officers were only deprived of the important judicial powers with which Louis XI. had invested them by the establishment of royal jurisdictions. Until 1669 they took cognisance of all disputes between masters and workmen. The accounts of the octrois are rendered to the Intendant, as directed in all the decrees for the creation or prorogation of the said octrois.’

We likewise find in this report that the deputies of the sixteen parishes, who were mentioned above, and who appeared at the General Assembly, were chosen by the companies, corporations, or communautés, and that they were strictly the envoys of the small bodies by which they were deputed. They were bound by exact instructions on every point of business.

Lastly, this report proves that at Angers, as everywhere else, every kind of expenditure was to be authorised by the Intendant and the Council; and, it must be admitted, that when the administration of a town is given over completely into the hands of a certain number of men, to whom, instead of fixed salaries, are conceded privileges which place them personally beyond the reach of the consequences which their administration may produce upon the private fortunes of their fellow-citizens, this administrative superintendence may appear necessary.

The whole of the report, which is very ill drawn up, betrays extraordinary dread, on the part of the official men, of any change in the existing order of things. All manner of arguments, good and bad, are brought forward by them in favour of maintaining the status quo.

Report of the Sub-delegate.—The Intendant having received these two reports of opposite tendency, desires to have the opinion of his Sub-delegate, who gives it as follows:—

‘The report of the municipal councillors,’ says he, ‘does not deserve a moment’s attention; it is merely intended to defend the privileges of those officers. That of the présidial may be consulted with advantage; but there is no reason for granting all the prerogatives claimed by those magistrates.’

According to the Sub-delegate, the constitution of the Hôtel de Ville has long stood in need of reform. Besides the immunities already mentioned, which were enjoyed by the municipal officers of Angers, he informs us that the Mayor, during his tenure of office, had a dwelling which was worth, at least, 600 francs rent, a salary of 50 francs, and 100 francs for frais de poste, besides the jetons. The procureur syndic was also lodged, and the greffier as well. In order to procure their own exemption from the droits d’aides and the octroi, the municipal officers had fixed an assumed standard of consumption for each of them. Each of them had the right of importing into the town, free of duty, so many barrels of wine yearly, and the same with all other provisions.

The Sub-delegate does not propose to deprive the municipal councillors of their immunities from taxation, but he desires that their capitation, instead of being fixed and very inadequate, should be taxed every year by the Intendant. He desires that they should also be subject, like every one else, to the don gratuit, which they had dispensed themselves from paying, on what precedent no one can tell.

The municipal officers, the report says further, are charged with the duty of drawing up the rôles de capitation for all the inhabitants—a duty which they perform in a negligent and arbitrary manner; accordingly a vast number of complaints and memorials are sent in to the Intendant every year. It is much to be desired that henceforth the division should be made in the interest of each company or communauté by its own members, according to stated and general rules; the municipal officers would have to make out only the rôles de capitation, for the burghers and others who belong to no corporation, such as some of the artisans and the servants of all privileged persons.

The report of the Sub-delegate confirms what has already been said of the municipal officers—that the municipal offices had been redeemed by the town in 1735 for the sum of 170,000 livres.

Letter the Intendant to the Comptroller-General.—Supported by all these documents, the Intendant writes to the Minister: ‘It is important, for the sake of the inhabitants and of the public good, to reduce the corporation of the town, the members of which are too numerous and extremely burdensome to the public, on account of the privileges they enjoy.’ ‘I am struck,’ continues the Intendant, ‘with the enormous sums which have been paid at all periods for the redemption of the municipal offices at Angers. The amount of these sums, if employed on useful purposes, would have been profitable to the town, which, on the contrary, has gained nothing but an increased burden in the authority and privileges enjoyed by these officers.’

‘The interior abuses of this administration deserve the whole attention of the council,’ says the Intendant further. ‘Independently of the jetons and the wax-lights, which consume an annual sum of 2127 livres (the amount fixed for expenses of this kind by the normal budget, which from time to time was prescribed for the towns by the King), the public moneys are squandered and misapplied at the will of these officers to clandestine purposes, and the procureur du Roi, who has been in possession of his place for thirty or forty years, has made himself so completely master of the administration, with the secret springs of which he alone is acquainted, that the inhabitants have at all times found it impossible to obtain the smallest information as to the employment of the communal revenues.’ The result of all this is, that the Intendant requests the Minister to reduce the corporation of the town to a mayor appointed for four years, a procureur du Roi appointed for eight, and a greffier and receveur appointed for life.

Altogether the constitution which he proposes for this corporation is exactly the same as that which he elsewhere suggested for towns. In his opinion it would be desirable—

1st. To maintain the General Assembly, but only as an electoral body for the election of municipal officers.

2nd. To create an extraordinary Conseil de Notables, which should perform all the functions which the edict of 1764 had apparently entrusted to the General Assembly; the said council to consist of twelve members, whose tenure of office should be for six years, and who should be elected, not by the General Assembly but by the twelve corporations considered as notable (each corporation-electing its own). He enumerates the corps notables as follows:—

The Présidial.

The University.

The Election.

The Officers of Woods and Forests.

The Grenier à sel.

The Traites.

The Mint.

The Avocats and Procureurs.

The Juges Consuls.

The Notaires.

The Tradesmen.

The Burghers.

It appears that nearly all these notables were public functionaries, and nearly all the public functionaries were notables; hence we may conclude, as from a thousand other passages in these documents, that the middle classes were as greedy of place and as little inclined to seek a sphere of activity removed from Government employment. The only difference, as I have said in the text, was that formerly men purchased the trifling importance which office gave them, and that now the claimants beg and entreat some one to be so charitable as to get it for them gratis.

We see that, according to the project we have described, the whole municipal power was to rest with the extraordinary council, which would completely restrict the administration to a very small middle-class coterie, while the only assembly in which the people still made their appearance at all was to have no privilege beyond that of electing the municipal officers, without any right to advise or control them. It must also be observed that the Intendant was more in favour of restriction and more opposed to popular influence than the King, whose edict seemed intended to place most of the power in the hands of the General Assembly, and that the Intendant again is far more liberal and democratic than the middle classes, judging at least by the report I have quoted in the text, by which it appears that the notables of another town were desirous of excluding the people even from the election of municipal officers, a right which the King and the Intendant had left to them.

My readers will have observed that the Intendant uses the words burghers and tradesmen to designate two distinct categories of notables. It will not be amiss to give an exact definition of these words, in order to show into how many small fractions the middle classes were divided, and by how many petty vanities they were agitated.

The word burgher had a general and a restricted sense; it was used to designate those belonging to the middle class, and also to specify a certain number of persons included within that class. ‘The burghers are those whose birth and fortune enable them to live decently, without the exercise of any gainful pursuit,’ says one of the reports produced on occasion of the inquiry in 1764. We see by the rest of the report that the word burgher was not to be used to designate those who belonged either to the companies or the industrial corporations; but it is more difficult to define exactly to whom it should be applied. ‘For,’ the report goes on to say, ‘amongst those who arrogate to themselves the title of burgher, there are many persons who have no other claim to it but their idleness, who have no fortune, and lead an obscure and uncultivated life. The burghers ought properly to be distinguished by fortune, birth, talent, morality, and a handsome way of living. The artisans, who compose the communautés, have never been admitted to the rank of notables.’

After the burghers, the mercantile men formed a second class, which belong to no company or corporation; but the limits of this small class were hard to define. ‘Are,’ says the report, ‘the petty tradesmen of low birth to be confounded with the great wholesale dealers?’ In order to resolve these difficulties, the report proposes to have a list of the notable tradesmen drawn up by the échevins, and given to their head or syndic, in order that he may summon to the deliberations at the Hôtel de Ville none but those set down in it. In this list none were to be inscribed who had been servants, porters, drivers, or who had filled any other mean offices.

Note (XX.)—Page 39, line 33

One of the most salient characteristics of the eighteenth century, as regards the administration of the towns, was not so much the abolition of all representation and intervention of the public in their affairs as the extreme variation of the rules by which the administration was guided, rights were incessantly granted, recalled, restored, increased, diminished, and modified in a thousand different ways. Nothing more fully shows into what contempt these local liberties had fallen as this continual change in their laws, which seemed to excite no attention. This variation alone would have been sufficient to destroy beforehand all peculiar ideas, all love of old recollections, all local patriotism in those very institutions which afford the greatest scope for them. This it was which prepared the way for the great destruction of the past, which the Revolution was about to effect.

Note (XXI.)—Page 41, line 6ADMINISTRATION OF A VILLAGE IN THE EIGHTEENTH CENTURY. FROM THE PAPERS OF THE INTENDANCY OF THE ÎLE-DE-FRANCE

I have selected the transaction which I am about to describe from amongst a number of others, in order to give an example of some of the forms followed by the parochial administration, to show how dilatory they were, and to give a picture of the General Assembly of a parish during the eighteenth century.

The matter in hand was the repairs to be done to the parsonage and steeple of a rural parish, that of Ivry, in the Île-de-France. The question was, to whom to apply to get these repairs done, how to determine on whom the expense should fall, and how to procure the sum which was needed.

1. Memorial from the curé to the Intendant, setting forth that the steeple and the parsonage are in urgent need of repairs; that his predecessor had added useless buildings to the parsonage, and thus entirely altered and spoiled it; that the inhabitants, having allowed this to be done, were bound to bear the expense of restoring it to a proper condition, and, if they chose, to claim the money from the heirs of the last curé.

2. Ordonnance of the Intendant (29th August, 1747), directing that the syndic shall make it his business to convoke a meeting to deliberate on the necessity of the operations demanded.

3. Memorial from the inhabitants, setting forth that they consent to the repairs of the parsonage but oppose those of the steeple, seeing that the steeple is built over the chancel, and that the curé, who is the great-tithe-owner, is liable for the repairs of the chancel. [By a decree in council of the end of the preceding century (April, 1695) the person in receipt of the great tithes was bound to repair the chancel, the parishioners being charged only with keeping up the nave.]

4. Fresh ordonnance of the Intendant, who, in consequence of the contradictory statements he has received, sends an architect, the Sieur Cordier, to inspect and report upon the parsonage and the steeple, to draw up a statement of the works and to make an inquiry.

5. Procès-verbal of all these operations, by which it appears that at the inquiry a certain number of landowners of Ivry appeared before the commissioner sent by the Intendant, which persons appeared to be nobles, burghers, and peasants of the place, and inscribed their declarations for or against the claim set up by the curé.

7. Fresh ordonnance of the Intendant, to the effect that the statements drawn up by the architect whom he had sent shall be communicated to the landowners and inhabitants of the parish at a fresh general meeting to be convoked by the syndic.

8. Fresh Parochial Assembly in consequence of this ordonnance, at which the inhabitants declare that they persist in their declarations.

9. Ordonnance of the Intendant, who directs, 1st, That the adjudication of the works set forth in the architect’s statement shall be proceeded with before his Sub-delegate at Corbeil, in the dwelling of the latter; and that the said adjudication shall be made in the presence of the curé, the syndic, and the chief inhabitants of the parish. 2nd, That inasmuch as delay would be dangerous, the whole sum shall be raised by a rate on all the inhabitants, leaving those who persist in thinking that the steeple forms part of the choir, and ought therefore to be repaired by the large titheowners, to appeal to the ordinary courts of justice.

10. Summons issued to all the parties concerned to appear at the house of the Sub-delegate at Corbeil, where the proclamations and adjudication are to be made.

11. Memorial from the curé and several of the inhabitants, requesting that the expenses of the administrative proceeding should not be charged, as was usually the case, to the adjudicator, seeing that the said expenses were very heavy, and would prevent any one from undertaking the office of adjudicator.

12. Ordonnance of the Intendant, to the effect that the expenses incurred in the matter of the adjudication shall be fixed by the Sub-delegate, and that their amount shall form a portion of the said adjudication and rate.

13. Powers given by certain notable inhabitants to the Sieur X. to be present at the said adjudication, and to assent to it, according to the statement of the architect.

14. Certificate of the syndic, to the effect that the usual notices and advertisements have been published.

15. Procès-verbal of the adjudication—

16. Lastly, an order in council (23rd July, 1748) authorising the imposition of a rate to raise the above sum.

We see that in this procedure the convocation of the Parochial Assembly was alluded to several times.

The following procès-verbal of the meeting of one of these assemblies will show the reader how business was conducted on such occasions:—

Acte notarié.—‘This day, after the parochial mass at the usual and accustomed place, when the bell had been rung, there appeared at the Assembly held before the undersigned X., notary at Corbeil, and the witnesses hereafter named, the Sieur Michaud, vine-dresser, syndic of the said parish, who presented the ordonnance of the Intendant permitting the Assembly to be held, caused it to be read, and demanded that note should be taken of his diligence.

‘Immediately an inhabitant of the said parish appeared, who stated that the steeple was above the chancel, and that consequently the repairs belonged to the curé; there also appeared [here follow the names of some other persons, who, on the other hand, were willing to admit the claim of the curé].... Next appeared fifteen peasants, labourers, masons, and vine-dressers, who declared their adhesion to what the preceding persons had said. There likewise appeared the Sieur Raimbaud, vine-grower, who said that he is ready to agree to whatever Monseigneur the Intendant may decide. There also appeared the Sieur X., doctor of the Sorbonne, the curé, who persists in the declarations and purposes of the memorial. Those who appeared demanded that all the above should be taken down in the Act. Done at the said place of Ivry, in front of the churchyard of the said parish, in the presence of the undersigned; and the drawing up of the present report occupied from 11 o’clock in the morning until 2 o’clock.’

We see that this Parochial Assembly was a mere administrative inquiry, with the forms and the cost of judicial inquiries; that it never ended in a vote, and consequently in the manifestation of the will of the parish; that it contained only individual opinions, and had no influence on the determination of the Government. Indeed we learn from a number of other documents that the Parochial Assemblies were intended to assist the decision of the Intendant, and not to hinder it even where nothing but the interests of the parish were concerned.

We also find in the same documents that this affair gave rise to three inquiries: one before the notary, a second before the architect, and lastly a third, before two notaries, in order to ascertain whether the parishioners persisted in their previous declarations.

The rate of 524 liv. 10s., imposed by the decree of the 13th July, 1748, fell upon all the landowners, privileged or otherwise, as was almost always the case with respect to expenses of this kind; but the principle on which the shares were apportioned to the various persons was different. The taillables were taxed in proportion to their taille, and the privileged persons according to their supposed fortunes, which gave a great advantage to the latter over the former.

Lastly, we find that on this same occasion the division of the sum of 523 liv. 10s. was made by two collectors, who were inhabitants of the village; these were not elected, nor did they fill the post by turns, as was commonly the case, but they were chosen and appointed officially by the Sub-delegate of the Intendant.

Note (XXII.)—Page 46, line 21

The pretext taken by Louis XIV. to destroy the municipal liberties of the towns was the bad administration of their finances. Nevertheless the same evil, as Turgot truly says, continued and increased since the reform introduced by that sovereign. Most of the towns, he adds, are greatly in debt at the present time, partly owing to the sums which they have lent to the Government, and partly owing to the expenses and decorations which the municipal officers, who have the disposal of other people’s money and have no account to render to the inhabitants, or instructions to receive from them, multiply with a view of distinguishing and sometimes of enriching themselves.

Note (XXIII.)—Page 46, line 32THE STATE WAS THE GUARDIAN OF THE CONVENTS AS WELL AS OF THE COMMUNES.—EXAMPLE OF THIS GUARDIANSHIP

The Comptroller-General, on authorising the Intendant to pay 15,000 livres to the convent of Carmelites, to which indemnities were owing, desires the Intendant to assure himself that this money, which represents a capital, is advantageously re-invested. Analogous facts were constantly recurring.

Note (XXIV.)—Page 50, line 22SHOWING THAT THE ADMINISTRATIVE CENTRALISATION OF THE OLD MONARCHY COULD BE BEST JUDGED OF IN CANADA

The physiognomy of the metropolitan government can be most fully appreciated in the colonies, because at that distance all its characteristic features are exaggerated and become more visible. When we wish to judge of the spirit of the Administration of Louis XIV. and its vices, it is to Canada we must look. There we shall see the deformity of the object of our investigation, as through a microscope.

In Canada a host of obstacles, which anterior circumstances or the ancient state of society opposed either in secret or openly to the spirit of the Government, did not exist. The nobility was scarcely seen there, or, at all events, it had no root in the soil; the Church had lost its dominant position; feudal traditions were lost or obscured; judicial authority was no longer rooted in ancient institutions and manners. There was nothing to hinder the central power from following its natural bent and from fashioning all the laws according to its own spirit. In Canada accordingly we find not a trace of any municipal or provincial institutions; no authorised collective force; no individual initiative allowed. The Intendant occupied a position infinitely more preponderant than that of his fellows in France; the Administration interfered in many more matters than in the metropolis, and chose to direct everything from Paris, spite of the eighteen hundred leagues by which they were divided. It adopted none of the great principles by which a colony is rendered populous and prosperous, but, on the other hand, it had recourse to all kinds of trifling artificial processes and petty tyrannical regulations in order to increase and extend the population; compulsory cultivation, all lawsuits arising out of the grants of land withdrawn from the tribunals and referred to the sole decision of the Administration, obligation to pursue particular methods of cultivation, to settle in certain places rather than others, &c. All these regulations were in force under Louis XIV., and the edicts are countersigned by Colbert. One might imagine oneself in the very thick of modern centralisation and in Algeria. Indeed Canada presents an exact counterpart of all we have seen in Algeria. In both we find ourselves face to face with an administration almost as numerous as the population, preponderant, interfering, regulating, restricting, insisting upon foreseeing everything, controlling everything, and understanding the interests of those under its control better than they do themselves; in short, in a constant state of barren activity.