The Ancient Regime. Taine Hippolyte

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СКАЧАТЬ of the poor, they make up their minds that their income for the year will be short. A disposition of this kind is not favorable to charity. Accordingly, complaints arise, not against the residents but against the absentees.1342 "The possessions of the Church, says a letter, serve only to nourish the passions of their holders." "According to the canons, says another memorandum, every beneficiary must give a quarter of his income to the poor; nevertheless in our parish there is a revenue of more than twelve thousand livres, and none of it is given to the poor unless it is some small matter at the hands of the curate." "The abbé de Conches gets one-half of the tithes and contributes nothing to the relief of the parish." Elsewhere, "the chapter of Ecouis, which owns the benefice of the tithes is of no advantage to the poor, and only seeks to augment its income." Nearby, the abbé of Croix-Leufroy, "a heavy tithe-owner, and the abbé de Bernay, who gets fifty-seven thousand livres from his benefice, and who is a non-resident, keep all and scarcely give enough to their officiating curates to keep them alive." "I have in my parish, says a curate of Berry,1343 six simple benefices of which the titularies are always absent. They enjoy together an income of nine thousand livres; I sent them in writing the most urgent entreaties during the calamity of the past year; I received from one them two louis only, and most of them did not even answer me." Stronger is the reason for a conviction that in ordinary times they will make no remission of their dues. Moreover, these dues, the censives, the lods et ventes, tithes, and the like, are in the hands of a steward, and he is a good steward who returns a large amount of money. He has no right to be generous at his master's expense, and he is tempted to turn the subjects of his master to his own profit. In vain might the soft seignorial hand be disposed to be easy or paternal; the hard hand of the proxy bears down on the peasants with all its weight, and the caution of a chief gives place to the exactions of a clerk.—How is it then when, instead of a clerk on the domain, a fermier is found, an adjudicator who, for an annual sum, purchases of seignior the management and product of his dues? In election of Mayenne,1344 and certainly also in many others, the principal domains are rented in this way. Moreover there are a number of dues, like the tolls, the market-place tax, that on the flock apart, the monopoly of the oven and of the mill which can scarcely be managed otherwise; the seignior must necessarily employ an adjudicator who spares him the disputes and trouble of collecting.1345 This happens often and the demands and the greed of the contractor, who is determined to gain or, at least, not to lose, falls on the peasantry:

      "He is a ravenous wolf," says Renauldon, "let loose on the estate. He draws upon it to the last sou, he crushes the subjects, reduces them to beggary, forces the cultivators to desert. The owner, thus rendered odious, finds himself obliged to tolerate his exactions to able to profit by them."

Imagine, if you can, the evil which a country usurer exercises, armed against them with such burdensome rights; it is the feudal seigniory in the hands of Harpagon, or rather of old Grandet. When, indeed, a tax becomes insupportable we see, by the local complaints, that it is nearly always a fermier who enforces it.1346 It is one of these, acting for a body of canons, who claims Jeanne Mermet's paternal inheritance on the pretense that she had passed her wedding night at her husband's house. One can barely find similar exactions in the Ireland of 1830, on those estates where, the farmer-general renting to sub-farmers and the latter to others still below them. The poor tenant at the foot of the ladder himself bore the full weight of it, so much the more crushed because his creditor, crushed himself measured the requirements he exacted by those he had to submit to.

Suppose that, seeing this abuse of his name, the seignior is desirous of withdrawing the administration of his domains from these mercenary hands. In most cases he is unable to do it: he too deeply in debt, having appropriated to his creditors a certain portion of his land, a certain branch of his income. For centuries, the nobles are involved through their luxury, their prodigality, their carelessness, and through that false sense of honor, which consists in looking upon attention to accounts as the occupation of an accountant. They take pride in their negligence, regarding it, as they say, living nobly.1347 "Monsieur the archbishop," said Louis XVI. to M. de Dillon, "they say that you are in debt, and even largely." "Sire," replied the prelate, with the irony of a grand seignior, "I will ask my intendant and inform Your Majesty." Marshal de Soubise has five hundred thousand livres income, which is not sufficient for him. We know the debts of the Cardinal de Rohan and of the Comte Artois;1348 their millions of income were vainly thrown into this gulf. The Prince de Guémenée happens to become bankrupt on thirty-five millions. The Duke of Orleans, the richest proprietor in the kingdom, owed at his death seventy-four millions. When became necessary to pay the creditors of the emigrants out of the proceeds of their possessions, it was proved that most of the large fortunes were eaten up with mortgages.1349 Readers of the various memoirs know that, for two hundred years, the deficiencies had to be supplied by marriages for money and by the favors of the king.—This explains why, following the king's example, the nobles converted everything into money, and especially the places at their disposition, and, in relaxing authority for profit, why they alienated the last fragment of government remaining in their hands. Everywhere they thus laid aside the venerated character of a chief to put on the odious character of a trafficker. "Not only," says a contemporary,1350 "do they give no pay to their officers of justice, or take them at a discount, but, what is worse, the greater portion of them make a sale of these offices." In spite of the edict of 1693, the judges thus appointed take no steps to 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.1351 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 СКАЧАТЬ