The State of Society in France Before the Revolution of 1789

Note (XLVII.)—Page 98, line 26

This liberal disposition on the part of the priests in political matters, which displayed itself in 1789, was not only produced by the excitement of the moment, evidence of it had already appeared at a much earlier period. It exhibited itself, for instance, in the province of Berri as early as 1779, when the clergy offered to make voluntary donations to the amount of 68,000 livres, upon the sole condition that the provincial administration should be preserved.

Note (XLVIII.)—Page 100, line 11

It must be carefully remarked that, if the political conditions of society were without any ties, the civil state of society still had many. Within the circle of the different classes men were bound to each other; something even still remained of that close tie which had once existed between the class of the Seigneurs and the people; and although all this only existed in civil society, its consequence was indirectly felt in political society. The men, bound by these ties, formed masses that were irregular and unorganised, but refractory beneath the hand of authority. The Revolution, by breaking all social ties, without establishing any political ties in their place, prepared the way at the same time for equality and servitude.

Note (XLIX.)—Page 101, line 5EXAMPLE OF THE MANNER IN WHICH THE COURTS EXPRESSED THEMSELVES UPON THE OCCASION OF CERTAIN ARBITRARY ACTS

It appears, from a memorial laid before the Contrôleur-Général in 1781, by the Intendant of the Généralité of Paris, that it was one of the customs of that Généralité that the parishes should have two syndics—the one elected by the inhabitants in an Assembly presided over by the Subdélégué, the other chosen by the Intendant, and considered the overseer of the former. A quarrel took place between the two syndics in the parish of Rueil, the elected syndic not choosing to obey the chosen syndic. The Intendant, by means of M. de Breteuil, had the elected syndic put into the prison of La Force for a fortnight; he was arrested, then dismissed from his post, and another was put in his place. Thereupon the Parliament, upon the requisition of the imprisoned syndic, commenced proceedings at law, the issue of which I have not been able to find, but during which it declared that the imprisonment of the plaintiff and the nullification of his election could only be considered as arbitrary and despotic acts. The judicial authorities, it seems, were then sometimes rather hard in the mouth.

Note (L.)—Page 103, line 30

So far from being the case that the enlightened and wealthy classes were oppressed and enslaved under the ancien régime, it may be said, on the contrary, that all, including the bourgeoisie, were frequently far too free to do all they liked; since the Royal authority did not dare to prevent members of these classes from constantly creating themselves an exceptional position, to the detriment of the people; and almost always considered it necessary to sacrifice the latter to them, in order to obtain their good will, or put a stop to their ill humour. It may be said that, in the eighteenth century, a Frenchman belonging to these classes could more easily resist the Government, and force it to use conciliatory measures with him, than an Englishman of the same position in life could have done at that time. The authorities often considered themselves obliged to use towards such a man a far more temporising and timid policy than the English Government would ever have thought itself bound to employ towards an English subject in the same category—so wrong is it to confound independence with liberty. Nothing is less independent than a free citizen.

Note (LI.)—Page 103, line 37REASON THAT FREQUENTLY OBLIGED THE ABSOLUTE GOVERNMENT IN THE ANCIENT STATE OF SOCIETY TO RESTRAIN ITSELF

In ordinary times the augmentation of old taxes, and more especially the imposition of new taxes, are the only subjects likely to cause trouble to a Government, or excite a people. Under the old financial constitution of Europe, when any Prince had expensive desires, or plunged into an adventurous line of policy, or allowed his finances to become disordered, or (to take another instance) needed money for the purpose of sustaining himself by winning partisans by means of enormous gains or heavy salaries that they had never earned, or by keeping up numerous armies, by undertaking great public works, &c. &c., he was obliged at once to have recourse to taxation; a proceeding that immediately roused and excited every class, especially that class which creates revolutions—the people. Nowadays, in similar positions, loans are contracted, the immediate effect of which passes almost unperceived, and the final result of which is only felt by the succeeding generation.

Note (LII.)—Page 105, line 29

As one example, among many others, the fact may be cited, that the principal domains in the jurisdiction of Mayenne were farmed out to Fermiers-Généraux, who took as Sous-Fermiers little miserable tillers of land, who had nothing of their own, and for whom they were obliged to furnish the most necessary farming utensils. It may be well conceived that Fermiers-Généraux of this kind had no great consideration for the farmers or due-paying tenants of the old feudal Seigneur, who had put them in his place, and that the exercise of feudalism in such hands as these was often more hard to bear than in the Middle Ages.

Note (LIII.)—Page 105, line 29ANOTHER EXAMPLE

The inhabitants of Mantbazon had put upon the taille the Stewards of the Duchy, which was in possession of the Price de Rohan, although these Stewards only farmed in his name. This Prince (who must have been extremely wealthy) not only caused this ‘abuse,’ as he termed it, to be put a stop to, but obtained the reimbursement of 5344 livres 15 sous, which he had been improperly made to pay, and which was charged upon the inhabitants.

Note (LIV.)—Page 108, line 7EXAMPLE OF THE MANNER IN WHICH THE PECUNIARY CLAIMS OF THE CLERGY ALIENATED FROM THEM THE HEARTS OF THOSE WHOSE ISOLATED POSITION OUGHT TO HAVE CONCILIATED THEM

The Curé of Noisai asserted that the inhabitants were obliged to undertake the repairs of his barn and wine-press, and asked for the imposition of a local tax for that purpose. The Intendant gave answer that the inhabitants were only obliged to repair the parsonage-house, and that the barn and wine-press were to be at the expense of this pastor, who was evidently more busied about the affairs of his farm than his spiritual flock (1767).

Note (LV.)—Page 110, line 4

In one of the memorials sent up in 1788 by the peasants—a memorial written with much clearness and in a moderate tone, in answer to an inquiry instituted by a Provincial Assembly—the following passages occur:—‘In addition to the abuses occasioned by the mode of levying the taille, there exists that of the garnissaires. These men generally arrive five times during the collection of the taille. They are commonly invalides, or Swiss soldiers. They remain every time four or five days in the parish, and are taxed at 36 sous a day by the tax-receipt office. As to the assessment of the taille, we will forbear to point out the too well-known abuses occasioned by the arbitrary measures employed and the bad effects produced by the officious parts played by officers who are frequently incapable and almost always partial and vindictive. They have been the cause, however, of many disturbances and quarrels, and have occasioned proceedings at law, extremely expensive for the parties pleading, and very advantageous to the courts.’

Note (LVI.)—Page 110, line 39THE SUPERIORITY OF THE METHODS ADOPTED IN THE PROVINCES POSSESSING ASSEMBLIES (PAYS D’ÉTAT) RECOGNISED BY THE GOVERNMENT FUNCTIONARIES THEMSELVES

A confidential letter, written by the Director of the Taxes to the Intendant, on June 3rd, 1772, has the following:—‘In the Pays d’États, the tax being a fixed tantième (per-centage), every taxpayer is subject to it, and really pays it. An augmentation upon this tantième is made in the assessment, in proportion to the augmentation required by the King upon the total supplied—for instance, a million instead of 900,000 livres. This is a simple operation; whilst in the Généralité the assessment is personal, and, so to say, arbitrary; some pay their due, others only the half, others the third, the quarter, or nothing at all. How, in this case, subject the amount of taxation to the augmentation of one-ninth?’

Note (LVII.)—Page 112, line 37THE MANNER IN WHICH THE PRIVILEGED CLASSES UNDERSTOOD AT FIRST THE PROGRESS OF CIVILISATION IN ROAD-MAKING

Count X., in a letter to the Intendant, complains of the very little zeal shown in the establishment of a road in his neighbourhood. He says it is the fault of the Subdélégué who does not use sufficient energy in the exercise of his functions, and will not compel the peasants to do their forced labour (corvées).

Note (LVIII.)—Page 112, line 42ARBITRARY IMPRISONMENT FOR THE CORVÉE

An example is given in a letter of a Grand Prévôt, in 1768:—‘I ordered yesterday,’ it says, ‘the imprisonment of three men (at the demand of M. C., Sub-Engineer), for not having done their corvée. Upon which there was a considerable agitation among the women of the village, who exclaimed, “The poor people are thought of quite enough when the corvée is to be done; but nobody takes care to see they have enough to live upon.”’

Note (LIX.)—Page 113, line 20

The resources for the making of roads were of two kinds. The greater was the corvée, for all the great works that required only labour; the smaller was derived from the general taxation, the amount of which was placed at the disposition of the Ponts et Chaussées for the expenses of works requiring science. The privileged classes—that is to say, the principal landowners—though more interested than all in the construction of roads, contributed nothing to the corvée and, moreover, were still exempt otherwise, inasmuch as the taxation for the Ponts et Chaussées was annexed to the taille, and levied in the same manner.

Note (LX.)—Page 113, line 29EXAMPLE OF FORCED LABOUR IN THE TRANSPORT OF CONVICTS

It may be seen by a letter, addressed by a Commissary at the head of the police department of convict-gangs, to the Intendant, in 1761, that the peasants were compelled to cart the galley-slaves on their way; that they executed this task with very ill will; and that they were frequently maltreated by the convict-guards, ‘inasmuch,’ says the Commissary, ‘as the guards are coarse and brutal fellows, and the peasants who undertake this work by compulsion are often insolent.’

Note (LXI.)—Page 113, line 32

Turgot has given descriptions of the inconvenience and hardship of forced labour for the transport of military baggage, which, after a perusal of the office papers, appear not to have been exaggerated. Among other things, he says that its chief hardship consisted in the unequal distribution of a very heavy burden, inasmuch as it fell entirely upon a small number of parishes, which had the misfortune of being placed on the high road. The distance to be done was often one of five, six, or sometimes ten and fifteen leagues. In which case three days were necessary for the journey out and home again. The compensation given to the landowners only amounted to one-fifth of the expense that fell upon them. The period when forced labour was required was generally the summer, the time of harvest. The oxen were almost always overdriven, and frequently fell ill after having been employed at the work—so much so that a great number of landowners preferred giving a sum of 15 to 20 livres rather than supply a waggon and four oxen. The consequent confusion which took place was unavoidable. The peasants were constantly exposed to violence of treatment from the military. The officers almost always demanded more than was their due; and sometimes they obliged the drivers, by force, to harness saddle-horses to the vehicles at the risk of doing them a serious injury. Sometimes the soldiers insisted upon riding upon carts already overloaded; at other times, impatient at the slow progress of the oxen, they goaded them with their swords, and when the peasants remonstrated they were maltreated.

Note (LXII.)—Page 113, line 38EXAMPLE OF THE MANNER IN WHICH FORCED LABOUR WAS APPLIED TO EVERYTHING

A correspondence arising, upon a complaint made by the Intendant of the Naval department at Rochefort, concerning the difficulties made by the peasants who were obliged by the corvée to cart the wood purchased by the navy contractors in the different provinces for the purposes of shipbuilding, shows that the peasants were in truth still (1775) obliged to do this forced labour, the price of which the Intendant himself fixed. The Minister of the Navy transferred the complaint to the Intendant of Tours, with the order that he must see to the supply of the carriages required. The Intendant, M. Ducluzel, refused to authorise this species of forced labour, whereupon the Minister wrote him a threatening letter, telling him that he would have to answer for his refusal to the King. The Intendant, to this, replied at once (December 11th, 1775) with firmness, that, during the ten years he had been Intendant at Tours, he never had chosen to authorise these corvées, on account of the inevitable abuses resulting from them, for which the price fixed for the use of the vehicles was no compensation. ‘For frequently,’ says his letter, ‘the animals are crippled by the weight of the enormous masses they are obliged to drag through roads as bad as the time of year when they are ordered out.’ What encouraged the Intendant in his resistance seems to have been a letter of M. Turgot, which is annexed to the papers on this matter. It is dated on July 30th, 1774, shortly after his becoming Minister; and it says that he himself never authorised these corvées at Limoges, and approves of M. Ducluzel for not authorising them at Tours.

It is proved by some portions of this correspondence that the timber contractors frequently exacted this forced labour even when they were not authorised to do so by the contracts made between themselves and the State, inasmuch as they thus profited at least one-third in the economy of their transport expenses. An example of the profit thus obtained is given by a Subdélégué in the following computation: ‘Distance of the transport of the wood from the spot where it is cut to the river, by almost impracticable cross-roads, six leagues; time employed in going and coming back, two days; reckoning (as an indemnity to the corvéables) the square foot at the rate of six liards a league, the whole amounts to 13 francs 10 sous for the journey—a sum scarcely sufficient to pay the actual expenses of the small landowner, of his assistant, and of the oxen or horses harnessed to his cart. His own time and trouble, and the work of his beasts, are dead losses to him.’ On May 17th, 1776, the Intendant was served by the Minister with a positive order from the King to have this corvée executed. M. Ducluzel being then dead, his successor, M. l’Escalopier, very readily obeyed, and published an ordinance declaring that the Subdélégué had to make the assessment of the amount of labour to be levied upon each parish, in consequence of which the different persons obliged to statute labour in the said parishes were constrained to go, according to the time and place set forth by the syndics, to the spot where the wood might happen to be, and cart it at the price regulated by the Subdélégué.

Note (LXIII.)—Page 115, line 22EXAMPLE OF THE MANNER IN WHICH THE PEASANTS WERE OFTEN TREATED

In 1768 the King allowed a remittance of 2000 francs to be made upon the taille in the parish of Chapelle-Blanche, near Saumur. The curé wanted to appropriate a part of this sum to the construction of a belfry, in order to get rid of the sound of the bells that annoyed him, as he said, in his parsonage-house. The inhabitants complained and resisted. The Subdélégué took part with the curé, and had three of the principal inhabitants arrested during the night and put into prison.

Further examples may be found in a Royal order to imprison for a fortnight a woman who had insulted two of the mounted rural police; and another order for the imprisonment for a fortnight of a stocking-weaver who had spoken ill of the same police. In this latter case the Intendant replied to the Minister, that he had already put the man in prison—a proceeding that met with the approval of the Minister. This abuse of the maréchaussée had arisen from the fact of the violent arrest of several beggars, that seems to have greatly shocked the population. The Subdélégué, it appears, in arresting the weaver, made publicly known that all who should continue to insult the maréchaussée should be even still more severely punished.

It appears by the correspondence between the Subdélégué and their Intendant (1760-1770) that orders were given by him to them to have all ill-doing persons arrested—not to be tried, but to be punished forthwith by imprisonment. In one instance the Subdélégué asks leave of the Intendant to condemn to perpetual imprisonment two dangerous beggars whom he had arrested; in another we find the protest of a father against the arrest of his son as a vagabond, because he was travelling without his passport. Again, a householder of X. demands the arrest of a man, one of his neighbours, who had come to establish himself in the parish, to whom he had been of service, but who had behaved ill, and was disagreeable to him; and the Intendant of Paris writes to request the Intendant of Rouen to be kind enough to render this service to the householder, who is one of his friends.

In another case an Intendant replies to a person who wants to have some beggars set at liberty, saying that the Dépôt des Mendicants was not to be considered as a prison, but only as a house intended for the detention of beggars and vagabonds, as an ‘administrative correction.’ This idea has come down to the French Penal Code, so much have the traditions of the old monarchy, in these matters, maintained themselves.

Note (LXIV.)—Page 121, line 7

It has been said that the character of the philosophy of the eighteenth century was a sort of adoration of human reason—a boundless confidence in its almighty power to transform at its will laws, institutions, and morals. But, upon examination, we shall see that, in truth, it was more their own reason that some of these philosophers adored than human reason. None ever showed less confidence in the wisdom of mankind than these men. I could name many who had almost as much contempt for the masses as for the Divinity. The latter they treated with the arrogance of rivals, the former with the arrogance of upstarts. A real and respectful submission to the will of the majority was as far from their minds as submission to the Divine will. Almost all the revolutionists of after days have displayed this double character. There is a wide distance between their disposition and the respect shown by the English and Americans to the opinion of the majority of their fellow-citizens. Individual reason in those countries has its own pride and confidence in itself, but is never insolent; it has thus led the way to freedom, whilst in France it has done nothing but invent new forms of servitude.

Note (LXV.)—Page 132, line 15

Frederick the Great, in his Memoirs, has said: ‘Your great men, such as Fontenelle, Voltaire, Hobbes, Collins, Shaftesbury, Bolingbroke, have struck a mortal blow at religion. Men began to look into that which they had blindly adored; reason overthrew superstition; disgust for all the fables they had believed succeeded. Deism acquired many followers. As Epicureanism became fatal to the idolatrous worship of the heathen, so did Deism in our days to the Judaical visions adopted by our forefathers. The freedom of opinion prevalent in England contributed greatly to the progress of philosophy.’

It may be seen by the above passage that Frederick the Great, at the time he wrote those lines, that is to say, in the middle of the eighteenth century, still at that time looked upon England as the seat of irreligious doctrines. But a still more striking fact may be gathered from it, namely, that one of the sovereigns, the most experienced in the knowledge of man, and of affairs in general, does not appear to have the slightest idea of the political utility of religion. The errors of judgment in the mind of his instructors had evidently disordered the natural qualities of his own.

Note (LXVI.)—Page 150, line 1

The spirit of progress which showed itself in France at the end of the eighteenth century appeared at the same time throughout all Germany, and was everywhere accompanied by the same desire to change the institutions of the time. A German historian gives the following picture of what was then going on in his own country:—

‘In the second half of the eighteenth century the new spirit of the age gradually introduced itself even into the ecclesiastical territories. Reforms were begun in them; industry and tolerance made their way in them on every side; and that enlightened absolutism, which had already taken possession of the large states, penetrated even there. It must be said at the same time, that at no period of the eighteenth century had these ecclesiastical territories possessed such remarkable and estimable Princes as during the last ten years preceding the French Revolution.’

The resemblance of this picture to that which France then offered is remarkable. In France, the movement in favour of amelioration and progress began at the same epoch; and the men the most able to govern appeared on the stage just at the time when the Revolution was about to swallow up everything.

It must be observed also how much all that portion of Germany was visibly hurried on by the movement of civilisation and political progress in France.

Note (LXVII.)—Page 151, line 1THE LAWS OF ENGLAND PROVE THAT IT IS POSSIBLE FOR INSTITUTIONS TO BE FULL OF DEFECTS AND YET NOT PREVENT THE ACCOMPLISHMENT OF THE PRINCIPAL END AND AIM FOR WHICH THEY WERE ESTABLISHED

The power, which nations possess, of prospering in spite of the imperfections to be met with in secondary portions of their institutions, as long as the general principles and the actual spirit which animate those institutions are full of life and vigour, is a phenomenon which manifests itself with peculiar distinctness when the judicial constitution of England in the last century, as described by Blackstone, is looked into.

The attention is immediately arrested by two great diversities, that are very striking:—

First. The diversity of the laws.

Secondly. The diversity of the Courts that administer them.

I.—Diversity of the Laws.—(1.) The laws are different for England (properly so called), for Scotland, for Ireland, for the different European dependencies of Great Britain, such as the Isle of Man, the Channel Islands, &c., and, finally, for the British Colonies.

(2.) In England itself may be found four kinds of laws—the common law, statute laws, canon law, and equity. The common law is itself divided into general customs adopted throughout the whole kingdom, and customs specially belonging to certain manors or certain towns, or sometimes only to certain classes, such as the trades. These customs sometimes differ greatly from each other; as those, for instance, which, in opposition to the general tendency of the English laws require an equal distribution of property among all the children (gavelkind), and, what is still more singular, give a right of primogeniture to the youngest child (borough-English).

II.—Diversity of the Courts.—Blackstone informs us that the law has instituted a prodigious variety of different courts. Some idea of this may be obtained from the following extremely summary analysis:—

(1.) In the first place there were the Courts established without the limits of England, properly so called; such as the Scotch and Irish courts, which never were dependencies of the superior courts in England, although an appeal lies from these several jurisdictions to the House of Lords.

(2.) In England itself, if I am correct in my memory, among the classifications of Blackstone are to be found the following: