Note (XIV.)—Page [27], line 27.
EFFECTS OF FEUDALISM.
Every institution that has long been dominant, after establishing itself firmly in its proper sphere, penetrates beyond it, and ends by exerting considerable influence even over that part of the legislation which it does not govern; thus feudalism, although it belonged above all to political law, had transformed the whole civil law as well, and deeply modified the state of property and of persons in all the relations of private life. It had affected the law of inheritance by the inequality of partition, a principle which had even reached down to the middle classes in certain provinces, for instance, Normandy. Its influence had extended over all real property, for no landed estates were entirely excluded from its action, or of which the owners did not in some way feel its effects. It affected not only the property of individuals but even that of the communes; it reacted on manufactures by the duties which it levied upon them; it reacted on private incomes by the inequality of public employments, and on pecuniary interests generally in every man’s business; on landowners by dues, rent-charges, and the corvée; on the tenant in a thousand different ways, amongst others by the banalités (the right of the seigneur to compel his vassals to grind their corn at his mill, &c.), seignorial monopolies, perpetual rent-charges, fines, &c.; on tradesmen, by the market dues; on merchants by the transport dues, &c. By putting the final stroke to the feudal system the Revolution made itself seen and felt, so to speak, at all the most sensitive points of private interest.
Note (XV.)—Page [35], line 8.
PUBLIC CHARITY DISTRIBUTED BY THE STATE.—FAVOURITISM.
In 1748 the King granted 20,000 lbs. of rice (it was a year of great want and scarcity, like so many in the eighteenth century). The Archbishop of Tours asserted that this relief was obtained by him, and ought therefore to be distributed by him alone and in his own diocese. The Intendant declared that the succour was granted to the whole généralité, and ought therefore to be distributed by him to all the different parishes. After a protracted struggle, the King, by way of conciliating both, doubled the quantity of rice intended for the généralité, so that the Archbishop and the Intendant might each distribute half. Both were agreed that the distribution should be made by the curés. There was no question of entrusting it to the seigneurs or to the syndics. We see, from the correspondence between the Intendant and the Comptroller-General, that in the opinion of the former the Archbishop wanted to give the rice entirely to his own protégés, and especially to cause the greater part of it to be distributed in the parishes belonging to the Duchess of Rochechouart. On the other hand, we find among these papers letters from great noblemen asking relief for their own parishes in particular, and letters from the Comptroller-General recommending the parishes belonging to particular persons.
Legal charity gives scope for abuses, whatever be the system pursued; but it is perfectly impracticable when exercised from a distance and without publicity by the Central Government.