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ous, that the friends, acquaintances, and 1. Smugglers of salt, armed and asdependants of the inteudant, and of all his sembled to the number of five, in Provence, sub-delegués, and the friends of these a fine of 500 liv, and nine years gallies ;friends, to a long chain of dependance, in alt the rest of the kingdom, death. might be savoured, in taxation at the ex 2. Sunugglers armed, assembled, but in pense of their miserable neighbours; and number under five, a fine of 300 liv. and ibat noblemen, in favour at court, to whose three years gallies. Second offence, death, protection che intendant himself would na 3. Smugglers, without arms, but with turally look up, could find little difficulty horses, carts, or boats; a fine of 300 liv. in throwing much of the weight of their if not paid, three years gallies. Second taxes on others, without a similar support. offence, 400 liv. and nine years gallies.Instances, and even gross ones, have been In Dauphiné, second offence, gallies for reported to me in many parts of the king- life In Provence, five years gallies. dom, that made me shudder at the op 4. Smugglers, who carry the salt on their pression to which numbers must have been backs, and without arms, a fine of 200 liv. condemned, by the undue favours granted and, if not paid, are flagged and branded. to such crooked influence. But, without Second offence, a fine of 300 liv. and six recurring to such cases, what must have years gallies. been the state of the poor people paying 5. Women, married and single, smug. beavy taxes, from which the nobility and glers, first offence, a fine of 100 liv. Seclergy were exempted ? A cruel aggrava- cond, 300 liv. Third, flogged, und bas tion of their misery, to see, those who could nished the kingdom for life. Husbands best afford to pay, exempted because able : responsible both in fine and body.
The inrolments for the militia, which 6. Children smugglers, the same as the cahiers call an injustice without ex women.-
Falhers and mothers responsible ; ample," were another dreadful scourge on and for defect of payment flogged. the peasantry; and, as married men were 7. Nobles, if smugglers, deprived of exempted from it, occasioned in some de- their nobility; and their houses rased to gree that mischievous population, which the ground. brougbt beings into the world, in order for 8. Any persons in employments (I supJittle else than to be starved. The corvées, pose employed in the salt-works or the reor police of the roads, were annually the venue), if smugglers, death. And such as ruin of many hundreds of farmers; more assist in the theft of salt in the transport, ihan 300 were reduced to beggary in filling hanged. up one vale in Lorraine: all these op 9. Soldiers smuggling, with arins, are pressions fell on the liers etal only; the hanged; without arms, gallies for life. nobility aud clergy having been equally ex 10. Buying smuggled salt to resell it, the empted from lailles, militia, and corvées. same punishmenls as for smuggling. The penal code of finance makes one shud. 11. Persons in the salt employments, der at the horrors of punishment inade- empowered if two, or one with two wilquate to the crime. A few features will nesses, to enter and examine houses even of sufficiently characterize the old government the privileged orders. of France.
12. All families, and persons, liable to
the taille, in the provinces of the Grandes Nob. Briey, p. 6, &e. &c.
Gahelles iorolled, and their consumption of It is calculated by a writer (Recherches et Consid. par M. le Baron de Cormeré, tom. ii
. sale for the pot and salière (tbat is, the daily P. 187.) very well informed on every subject of cousumption, exclusive of saling beat, finance, that, upon an average, there were an- &c. &c. ). estimated át 71b, a head per anumally taken up and sent to prisou, or the gallies, uuin, which quantity they are forced to Men, 2,340. Total, 3,437. 300 of these to the gallies (tom. i. buy whether they want it or not, under
the p. 11%). The salt contiscated from these mic pain of various fines according to the case. serables aniounted to 14,633 quintals, which, at The Capilaineries were a dreadful scourge the mean price of 8 liv. are
* 101,064 liv. *** 2,772 lb. of salted tlesh, at 10 8.' 1,386
on all the occupiers of sand, By this term, 1,086 horses, at 50 liv. 54,300
is to be understood the paramountship of 52 carts, at 150 liv.
certain districts, granted by the king, to Fines,
53,207 princes of the blood, by which they were Seized in boubes,
• 105,530 put in possession of the property of all game,
even on lands not belonging to thein; and, 323,287
what is very singular, ou manors granted
long before to individuals ; so that the Such were the exertions of arbitrary power erecting of a district into a capilainerie, which the lower orders felt directly from was an annihilation of all manerial rights the royal authority ; but, heavy as they to game within it. This was a trifling bu- were, it is a question whether the others, siness, in comparison of other circum- suffered circuitously through the nobility stances ; lor, in speaking of the preserva- ) and the clergy, were not yet more op. tion of the game in these capitaineries, it pressive ? Nothing can exceed the commust be observed, that by game must be plaints made in the cahiers under
this head. understood whole droves of wild boars, They speak of the dispensation of justice in and herds of deer not confined by any wall the manerial courts, as comprising every: or pale, but wandering, at pleasure, over species of despotism : the districts indeterthe whole country, to the destruction of minale-appeals endless—irreconcileable crops; and to the peopling of the gallies by to liberty and prosperity--and irrevocably the wretched peasants, who presumed 20 proscribed in the opinion of the public kill them, in order to save thai food which augmenting litigations--favouring every was to support their helpless cliildren. species of chicane -ruining che parties The
game in the capilainerie of Montceau, not only by enormous expenses on the most in four parishes only, did mischief to the petty objects, but by a dreadful loss of amount of 184,263 liv. per annum. No time. The judges commonly ignorant prewonder then that we should find the people tenders, who hold their courts in cabarets, asking, “ Nous demandons à grand cris la and are absolutely dependant on the seiga destruclion des capitaineries & celle de loule neurs.' Nothing can exceed the force of sorte de gibier." And what are we to expression used in painting the oppressions think of demanding, as a favour, the per- of the seigneurs, in consequence of their mission—" De Neltoyer ses grains de fau. feudal powers. They are "vexations qui cher les prés arlificiels,, d'enlever ses sont le plus grand fléau des peuples. chaumes sans égard pour la perdrix on lout Esclavage afligeant.'-Ce 'regime desası, autre gibier." Now, an English reader. Ireuse. " That the feodalilė be for ever will scarcely understand it without being abolished. The countryman is tyrannically told, that there were numerous edicts for enslayed by it. Fixed and heavy rents; Preserving the game which probibited vexatious processes to secure them; apo weeding and hoeing, lest the young par- preciated unjustly to augment them : renis, uidges should be disturbed; steeping seed, solidaires, and revenchables;
reuts, chéaules, lèst it should injure the game; manuring and levunles; fumages. Fines at every with night soil, lest the favour of the par-change of the property, in the direct as tridges should be injured by feeding on the well as collateral line ; feudal redemption corn so produced; mowing hay, &c. bei (retraite); fines on sale, to the 8th and fore a certain time, so late as to spoil many even the 6th penny ; redemptions (rachals/ crops ; and taking away the stubble, which injurious in their origin, and still more sa would deprive the birds of shelter. The in their extension; banalité of the mill," tyranny exercised in these capitaineries, of the oven, and of the wine and eyder which extended over 400 leagues of coun- press; corvées by custom ; corvées by usage try, was so great, that many cahiers de of the fief; corvées established by unjust mauded the utter suppression of them.!
Rennes, art. 12. • Cahier du tiers etat de Meaux, p. 49.
Nevernois, art. 43. 6€ De Mantes and |Meulan, p. 40.Also, Nob.
k Tiers Etat de Vannes, p. 24.That is: “Vex.
o ations which are the greatest scourge of the & Tier Etat de Peronne, p. 42. De Trois ordres de Montfort, p. 28. That is: “ We most ear. nestly pray for the suppression of the Capi.
7. Etat Clermont Ferrand, p. 52. That is:
u Cmel Slavery." taineries, and that of all the game laws.",
m T. Etat. Auxerre, art. 6.-That is: “ This De Mantes' and Meulan, p. 58.—That is to“ ruinous system of governing." say, « the futour to weed their corn, to mow * By this horrible law, the people are bound "Cheir upland grass, and to take off their stub ( to grind their corn at the mill of the seigneur <ble, without consulting the convenience of the only; to press their grapes at his press only; "partridges, or any other sort of game.” and to bake their bread in his oven; by which
Clergé de Provins & Montereau, p. 35. Clerse means the bread is often spoiled, and more espe de Paris, y: 25,– Clergé de Mantes & Meulan, cially, wine, sincu in Champagne those grapes p. 45, 46. Clergé de Leon, p. 11.--Nob. de which, pressed immediately, would make white Nemours, p. 17.Nob, de Paris, p. 227-Nob. wine, by waiting for the press, which often Lap. d'Arras, p. 29.
pens, make red wine only.
decrees; corvées arbitrary, and even plan- of the clergy, as to tithes, I must do that tastical ; servitudes ; prestations, extrava-body a justice, to which a claim cannot be gant and burthensome ; collections by as- laid in England. Though the ecclesiastical sessment incollectible; aveur, minus, in- tenth was levied in France more severely punissemens ; litigations ruinous and with than usual in Italy, yet was it never ex-' out end: the rod of seigneural finance for acted with such horrid greediness 'as is at ever shaken over our heads ; vexatioii, ruin, present the disgrace of England. When outrage, violence, and destructive servi- taken in kind, no such thing was known in tude, under which the peasants, almost on any part of France, where I made inquiries, a level with Polish slaves, can never but as a tenth : it was always a twelfth, or a be miserable, vile, and oppressed." They thirteenth, or even a twentieth of the prodemand also, that the use of hand-mills be duce. And in no part of the kingdom did free; and hope that posterity if possible, a new article of culture pay any thing : may be ignorant that feudáł tyranny in thus turnips, cabbages, clover, 'chicorée, Bretagne, armed with the judicial power, potatoes, &c. &c." paid nothing. In many has not blushed even in these times at parts, meadows were exempted. Silk breaking 'hand-mills, and at selling an-worms nothing. Olives in some places nually to the miserable, the faculty of paid-in more they did not. Cows nobruising between two stones a measure of thing. Lambs from the 12th to the 21st. buck-wheat or barley." The very terms Wool nothing. -Sach mildness,' in the of these complaints are unknown in Eng- levy of this odious táx, 'is absolutely unlạnd, and consequently untranslatable : they known in England. But mild as it was, the have probably arisen long since the feudal burden to people groaning under so many system ceased in this kingdom. What are other oppressions, united to render their these tortures of the peasantry in Bretagne, situation so bad that'no change could be for which they call chevanchés, quintaines, the worse. But these were not all the soule, saut de poison, baiser de mariées ; evils with which the people struggled. chansons : trunsporte d'auf sur un cha- The admiuistration of justice was partial, rette; silence des grenouilles ; corvée a mi, venal, infamous, I have, in conversation séricorde ; milods ; leide ; couponage ; car with many very sensible men,' in different telage ; barage ; fouage ; marechaussée; ban parts of the kingdom, met with something vin; ban dabut ; trousses; gelinage;civerage; of content with their government, in all taillabilitié ; vingtain ; sterlage; borde- other respects than this; but upon the lage ; minage :, ban de vendanges; droit question of expecting justice to be really d'accaple." In passing through many of and fairly administered, every one conthe French provinces, I was struck with fessed there was no such thing to be fooked the various and heavy complaints of the for. The conduct of the parliaments was farmers and little proprietors of the feudal profligate and atrocious. ' Upon almost grievances, with the weight of which their every cause that came before them, interest industry was burthered, but I could not was openly made with the judges: and wo ther conceive the multiplicity of the shac- betided the man who, with a cause to supkles which kept them poor and depressed. port, had no means of conciliating favour, I understood it better afterwards, from the either by the beauty of a handsome wife, conversation and complaints of some grand or by other methods. It has been said, by seigneurs, as the revolution advanced ; and many writers, that property 'was as secure I then learned, that the principal rental of under the old government of France as it is many estates consisted in services and feudal in England ; and the assertion might postenures ; by the baneful influence of which, sibly be true, as far as any violence from the industry of the people was almost ex- the King, his ministers, or the great was terminated. In regard to the oppressions concerned; but for all that mass of pro
perty, which comes in every country to be
litigated in courts of justice, there was not o Tiers Etat Rennes, p. 159. Rennes, p. 57.
the shadow of security, unless the
even 4. This is a curious article: when the lady of parties were totally and equally unknown, the seigneur les in, the people are obliged to and totally and equally honest ; in every heat the waters in marsly districts, to keep the other case, he who had the best interest trags silent, that she may not be disturbed in this with the judges, vvas sure to be the winduty, a very oppressive one, is commuted into a pecuniary tine. at Simil ner. To reflecting minds, the cruelty and . Resumé des cahiers, tom. iii. p. 316, $17. i of abominable practice. attending such courts
are sufficiently apparent. There was also It is impossible to justify the excesses of a circumstance in the constitution of these the people on their taking up arms; they parliaments, but little known in England, were certainly guilty of cruelties; it is idle and which, under such a government as to deny the facts, for they have been proved, that of France, must be considered as very too clearly to admit of a doubt. But is it singular. They had the power, and were really the people to whom we are to impute in the constant practice of issuing decrees, the whole?--Or to their oppressors, who without the consent of the crown, and had kept them so long in a state of bonwhich had the force of laws through the dage? He who chooses to be served by : whole of their jurisdiction ; and of all other slaves, and by ill-treated slaves, must laws, these were sure to be the best obey- know, that he holds both his property and.. ed; for as all infringemeats of them were life by a tenure far different from those who brought before sovereign courts, composed prefer the service of well treated freemen ; of the same persons who had enacted these and he who dines to the music of groaning laws (a horrible: system of tyranny!) they sufferers, must not, in the moment of inwere certain of being punished with the last surrection, complain that his daughters are severity. It must appear strange, in'a ravished, and then destroyed; and that his guvernment so despotic in some respects as sons' throats are cut. When such evils that of France, to see the parliaments in happen, they surely are more imputable to , every part of the kingdom making laws the tyranny of the master, than to the without the King's consent, and even in cruelty of the servant. The analogy holds defiance of his authority. The English, with the French peasants--the murder of a whom I met in France in 1789, were sur- seigneur, or a chateau in flames, is re- , prised to see some of these bodies issuing corded in every news-paper; the rank of arrets against the export of corn out of the the person who suffers, attracts notice ; but provinces subject to their jurisdiction, into where do we find the register of that seigthe neighbouring provinces, at the same neur's oppressions of his peasantry, and his time that the King, through the organ of exactions of feudal services, from those so popular: a minister as Mons. Necker, whose children were dying around them was decreeing an absolutely free transport for want of bread ? Where do we find the of corn throughout the kingdom, and even minutes that assigned these starving at the requisition of the National Assembly wretches to some vile, petty-fogger, to be itself. But this was nothing new ; it was fleeced by impositions, and a mockery of,, their common practice. The parliament of justice, in the seigneural courts.? Who Rouen passed an arret against killing of gives us the awards of the intendant and calves ; it was a preposterous one, and op- his sub-delegués, whịch took off the taxes posed by administration ; but it had its full of a man of fashion, and laid them with forec; and had a butcher dared to offend accumulated weight, on the poor, who against it, he would have found, by the were so unfortunate as to be his neighbours ? rigour of his punishment, who was his Who has dwelt sufficiently upon explaining master.' Inoculation was favoured by the all the ramifications of despotisin, regal, court in Louis XV.'s time, but the parlias aristocratic, and, ecclesiastical, pervading nrent of Paris passed ani arret against it, the whole mass of the people , reaching, much more effective in proliibiting, than like a circulating fluid, the most distanta, the favour of the court in encouraging that capillary tubes of poverty and wretchedpractice. Instances are innumerable, and ness? In these cases, the sufferers are too I may reinark, that the bigotry, ignorance, ignoble to be known; and the mass too infalse principles, and tyranny of these bo discriminate to be pitied. But should a dies were generally conspicuous, and that philosopher feel and reason thus ? should be the court (taxation excepted), never had a mistake the cause for the effect?, and giving dispute with a parliament, but the parlia-all. his pity to the few, feel no compassion went was sure to be wrong. Their consti- for the many, because they suffer in his tulion, 'in respect to the administration of eyes not individually, but-by millions? justice, was so truly rotten, that the mem- The excesses of the people cannot, I rebers sal as judges, even in causes of private peat, be justified it would undoubtedly property, in which they were themselves have done them credit, both ias: men and's the parties, and have, in this capacity, christians, if they had possessed their new been guilty of oppressions and cruelties, acquired power with moderation," But let, which the crown has rarely dared to at it be remembered, that the populace in no tempt.
country ever use power with inoderation;
excess is inherent in their aggregate con- / question absolutely distinct. But that the stitution and as every government in the above-mentioned detail of enormities pracworld knows, that violence infallibly at- tised on the people required some great tends power in such hands, it is doubly change is sufficiently appareut." bound in common sense, and for common safety, so to conduct itself, that the people Inay not find an interest in public confusions. Now, rcader, that you have seen what They will always suffer much and long, were the nature and effects of the Bourbon before they are effectually roused; nothing, government; and, that you have, doubtless, therefore, can kindle the flame, but such felt your heart bound with joy at the rea oppressions of some classes or order in the flection, that the oppressed people rose society, as give able men the opportunity against and destroyed it; let ine ask you, of secunding the general mass ; discontent what you think of the men, who, in Enge will soon diffuse itself around, and if the lish news-papers and other works, have government take not warning in time, it is the impudence to call upon us to wish for alone answerable for all the burnings, and the restoration of that "s paternal sway,' plunderings, and devastation, and blood under which this government existed? That follow. The true judgment to be But, says some one, that is not now the real formed of the French revolution, must question. What, then, is the real quessurely be gained, from an attentive consi- tion? Why, say they, the real question deration of the evils of the old government: is, whether the present government is not when these are well understood—and when worse than the old one, without reference the extent and universality of the oppression to the person at the head of either. under which the people groaned --op
The Bourbons themselves have answered pression which bore upon them from every that question sufficiently; for they promise quarter, it will scarcely be attempted to be the people of France, chat if they are reurged, 'that a revolution was not absolutely stored, they will ... do what? Why, necessary to the welfare of the kingdom. maintain the laws and government as they Not one opposing voice can, with reason, now are, a promise which they would not be raised against this assertion: abuses make, if they were not well convinced, that ought certainly to be corrected, and cor. the people find the present laws and
gorected effectually: this could not be done vernment beller than the former laws and without the establishment of a new form of government. -This I take to be quite government ; whether the form that has conclusive. But, we must not stop here. been adopted were the best, is another The Bourbons have asserted, in the most
solemn manner, that the Gode Napoleon
consists chiefly of the “ Ancient Ordinances * Many opposing voices have been raised; but so little to their credit, that I leave the pas' and Customs of the Realm." - I have sage as it was written long ago. The abuses read the Code Napoleon, both civil and that are rooted in all the old governments of criminal. Any one may read the foriner Europe, give such numbers of men a direct in Mr. Bryant's excellent translation, acinterest in supporting, cherishing, and defending companied with his own illustrations and of every species, are found in every country, remarks. Now, I say, and I defy any and almost in every company. What a mass of one to shew the contrary, that this Code, people, in every part of England, are some way on the civil part of which Mr. Bryant, an or other interested in the present representacion English lawyer, has bestowed the highest monopolies, and taxation ! and 'not merely to eulogium, and on the criminal part of the things themselves, but to all the abuses at which the Edinburgh Reviewers have mantending them; and how many are there who fully ventured to speak as being, in many not merely from such institutions, but from the respects, much preferable to our own crievils they engender! The great mass of the minal code; I assert, that this Code, takpeople, however, is free from such influence, ing the two parts together, has completely and will be enlightened by degrees; assuredly done away all the dreadful oppressions dethey will find out, in erery country of Europe; scribed by Mr. Young in the above extract, that by combinations, on the principles of liberty and property, aimed equally against regal, arist which I have made from his work. tocratical, and mobbish tyranny, they will be What, then, is meant, when it is said, able to resist successfully, that variety of com- that this Code consists, for the most part, bination, wbich, on principles of plunder and of the ancient Ordinances and Customs despotism, is every where at work to enslave them.
" of the Realm:"!. And, why venture to