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acquired or purchased nobility; it is clear that here are to be found

almost all the great fortunes of France; old or new; transmitted by

inheritance; obtained through court favors; or acquired in business。

When a class reaches the summit it is recruited out of those who are

mounting or clambering up。  Here; too; there is colossal wealth。  It has

been calculated that the possessions of the princes of the royal

family; the Comtés of Artois and of Provence; the Ducs d'Orléans and

de Penthiévre then covered one…seventh of the territory。'10' The

princes of the blood have together a revenue of from 24 to 25

millions; the Duc d'Orléans alone has a rental of 11;500;000。'11' 

These are the vestiges of the feudal régime。  Similar vestiges are

found in England; in Austria; in Germany and in Russia。

Proprietorship; indeed; survives a long time survives the

circumstances on which it is founded。  Sovereignty had constituted

property; divorced from sovereignty it has remained in the hands

formerly sovereign。  In the bishop; the abbot and the count; the king

respected the proprietor while overthrowing the rival; and; in the

existing proprietor a hundred traits still indicate the annihilated or

modified sovereign。



III。  Their Immunities。



Such is the total or partial exemption from taxation。  The tax…

collectors halt in their presence because the king well knows that

feudal property has the same origin as his own; if royalty is one

privilege seigniory is another; the king himself is simply the most

privileged among the privileged。  The most absolute; the most

infatuated with his rights; Louis XIV; entertained scruples when

extreme necessity compelled him to enforce on everybody the tax of the

tenth。'12' Treaties; precedents; immemorial custom; reminiscences of

ancient rights again restrain the fiscal hand。  The clearer the

resemblance of the proprietor to the ancient  independent sovereign

the greater his immunity。  … In some places a recent treaty guarantees

him by his position as a stranger; by his almost royal extraction。  〃In

Alsace foreign princes in possession; with the Teutonic order and the

order of Malta; enjoy exemption from all real and personal

contributions。〃 〃In Lorraine the chapter of Remiremont has the

privilege of assessing itself in all state impositions。〃'13' Elsewhere

he is protected by the maintenance of the provincial Assemblies; and

through the incorporation of the nobility with the soil: in Languedoc

and in Brittany the commoners alone paid the taille'14' …Everywhere

else his quality preserved him from it; him; his chateau and the

chateau's dependencies; the taille reaches him only through his

farmers。  And better still; it is sufficient that he himself should

work; or his steward; to communicate to the land his original

independence。  As soon as he touches the soil; either personally or

through his agent; he exempts four plowing…areas (quatre charrues);

three hundred arpents;'15' which in other hands would pay 2;000 francs

tax。  Besides this he is excempt on 〃the woods; the meadows; the vines;

the ponds and the enclosed land belonging to the chateau; of whatever

extent it may be。〃 Consequently; in Limousin and elsewhere; in regions

principally devoted to pasturage or to vineyards; he takes care to

manage himself; or to have managed; a certain portion of his domain;

in this way he exempts it from the tax collector。'16' There is yet

more。  In Alsace; through an express covenant he does not pay a cent of

tax。  Thus; after the assaults of four hundred and fifty years;

taxation; the first of fiscal instrumentalities; the most burdensome

of all; leaves feudal property almost intact。'17'  For the last

century; two new tools; the capitation…tax and the vingtièmes; appear

more effective; and yet are but little more so。  … First of all;

through a masterstroke of ecclesiastical diplomacy; the clergy diverts

or weakens the blow。  As it is an organization; holding assemblies; it

is able to negotiate with the king and buy itself off。  To avoid being

taxed by others it taxes itself。  It makes it appear that its payments

are not compulsory contributions; but a 〃free gift。〃 It obtains then

in exchange a mass of concessions; is able to diminish this gift;

sometimes not to make it; in any event to reduce it to sixteen

millions every five years; that is to say to a little more than three

millions per annum。  In 1788 it is only 1;800;000 livres; and in 1789

it is refused altogether。'18' And still better: as it borrows to

provide for this tax; and as the décimes which it raises on its

property do not suffice to reduce the capital and meet the interest on

its debt; it has the adroitness to secure; besides; a grant from the

king。  Out of the royal treasury; each year; it receives 2;500;000

livres; so that; instead of paying; it receives。  In 1787 it receives

in this way 1;500;000 livres。…As for the nobles; they; being unable to

combine together; to have representatives; and to act in a public way;

operate instead in a private way。  They contact ministers; intendants;

sub…delegates; farmer…generals; and all others clothed with authority;

their quality securing attentions; consideration and favors。  In the

first place; this quality exempts themselves; their dependents; and

the dependents of their dependents; from drafting in the militia; from

lodging soldiers; from (la corvée) laboring on the highways。  Next; the

capitation being fixed according to the tax system; they pay little;

because their taxation is of little account。  Moreover; each one brings

all his credit to bear against assessments。  〃Your sympathetic heart;〃

writes one of them to the intendant; 〃will never allow a father of my

condition to be taxed for the vingtiémes rigidly like a father of low

birth。〃'19' On the other hand; as the taxpayer pays the capitation…tax

at his actual residence; often far away from his estates; and no one

having any knowledge of his personal income; he may pay whatever seems

to him proper。  There are no proceedings against him; if he is a noble;

the greatest circumspection is used towards persons of high rank。  〃In

the provinces;〃 says Turgot; 〃 the capitation…tax of the privileged

classes has been successively reduced to an exceedingly small matter;

whilst the capitation…tax of those who are liable to the taille is

almost equal to the aggregate of that tax。〃 And finally; 〃the

collectors think that they are obliged to act towards them with marked

consideration〃 even when they owe; 〃the result of which;〃 says Necker;

〃is that very ancient; and much too large amounts; of their

capitation…tax remain unpaid。〃 Accordingly; not having been able to

repel the assault of the revenue services in front they evaded it or

diminished it until it became almost unobjectionable。  In Champagne; on

nearly 1;500;000 livres provided by the capitation…tax; they paid in

only 14;000 livres;〃 that is to say; 〃2 sous and 2 deniers for the

same purpose which costs 12 sous per livre to those chargeable with

the taille。〃 According to Calonne; 〃if concessions and privileges had

been suppressed the vingtièmes would have furnished double the

amount。〃 In this respect the most opulent were the most skillful in

protecting themselves。  〃With the intendants;〃 said the Duc d'Orleans;

〃I settle matters; and pay about what I please;〃 and he calculated

that the provincial administration; rigorously taxing him; would cause

him to lose 300;000 livres rental。  It has been proved that the princes

of the blood paid; for their two…twentieths; 188;000 instead of

2;400;000 livres。  In the main; in this régime; exception from taxation

is the last remnant of sovereignty or; at least; of independence。  The

privileged person avoids or repels taxation; not merely because it

despoils him; but because it belittles him; it is a mark of the

commoner; that is to say; of former servitude; and he resists the fisc

(the revenue services) as much through pride as through interest。



IV。  Their Feudal Rights。



These advantages are the remains of primitive sovereignty。



Let us follow him home to his own domain。  A bishop; an abbé; a

chapter of the clergy; an abbess; each has one like a lay seignior;

for; in former times; the monastery and the church were small

governments like the county and the duchy。  …Intact on the other bank

of the Rhine; almost ruined in France; the feudal structure everywhere

discloses the same plan。  In certain places; better protected or less

attacked; it has preserved all its ancient externals。  At Cahors; the

bishop…count of the town had the right; on solemnly officiating; 〃to

place his helmet; cuirass; gauntlets and sword on the altar。〃'20'  At

Besan?on; the archbishop…prince has six high officers; who owe him

homage for their fiefs; and who attend at his coronation and at his

obsequies。  At Mende;'21' the bishop; seignior…suzerain for Gévaudan

since the eleventh century; appoints 〃the courts; ordinary judges and

judges of appeal; the commissaries and syndics of the country。〃 He

disposes of all the places; 〃municipal and judiciary。〃 Entreated to

appear in the assembly of the three orders of the province; he

〃replies that his place; his possessions and his rank exalting him

above every individual in his diocese。  He cannot sit under the

presidency of any person; that; being seignior…suzerain of all estates

and particularly of the baronies; he cannot give way to his vassals。〃

In brief that he is king; or but little short of it; in his own

province。  At Remiremont; the noble chapter of canonesses has;

〃inferior; superior; and ordinary judicature in fifty…two bans of

seigniories;〃 nominates seventy…five curacies and confers ten male

canonships。  It appoints the municipal officers of the town; and;

besides these; three lower and higher courts; and everywhere the

officials in the jurisdiction over woods and forests。  Thirty…two

bishops; without count

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