Amongst the novelties which Arthur Young observed in France, when he visited that country for the first time, none struck him more than the great division of the soil among the peasantry. He averred that half the soil of France belonged to them in fee. ‘I had no idea,’ he often says, ‘of such a state of things;’ and it is true that such a state of things existed at that time nowhere but in France, or in the immediate neighbourhood of France.

In England there had been peasant landowners, but the number of them had already considerably decreased. In Germany there had been at all times and in all parts of the country a certain number of peasant freeholders, who held portions of the soil in fee. The peculiar and often eccentric laws which regulated the property of these peasants are to be met with in the oldest of the Germanic customs; but this species of property was always of an exceptional character, and the number of these small proprietors was very limited.[11]

The districts of Germany in which, at the close of the eighteenth century, the peasants were possessed of land and lived almost as freely as in France, lay on the banks of the Rhine.[12] In those same districts the revolutionary passions of France spread with the utmost velocity, and have always been most intense. The tracts of Germany which remained, on the contrary, for the longest time inaccessible to these passions, are those where no such tenures of land had yet been introduced. The observation deserves to be made.

It is, then, a vulgar error to suppose that the subdivision of landed property in France dates from the Revolution. This state of things is far older. The Revolution, it is true, caused the lands of the Church and a great portion of the lands of the nobility to be sold; but if any one will take the trouble, as I have sometimes done, to refer to the actual returns and entries of these sales, it will be seen that most of these lands were purchased by persons who already held other lands; so that though the property changed hands, the number of proprietors increased far less than is supposed. There was already an immensity of these persons, to borrow the somewhat ambitious but, in this case, not inaccurate expression of M. Necker.

The effect of the Revolution was not to divide the soil, but to liberate it for a moment. All these small landowners were, in reality, ill at ease in the cultivation of their property, and had to bear many charges or easements on the land which they could not shake off.

These charges were no doubt onerous.[13] But the cause which made them appear insupportable was precisely that which might have seemed calculated to diminish the burden of them. The peasants of France had been released, more than in any other part of Europe, from the government of their lords, by a revolution not less momentous than that which had made them owners of the soil.

Although what is termed in France the Ancien Régime is still very near to us, since we live in daily intercourse with men born under its laws, that period seems already lost in the night of time. The radical revolution which separates us from it has produced the effect of ages: it has obliterated all that it has not destroyed. Few persons therefore can now give an accurate answer to the simple question—How were the rural districts of France administered before 1789? And indeed no answer can be given to that question with precision and minuteness, without having studied, not books, but the administrative records of that period.

It is often said that the French nobility, which had long ceased to take part in the government of the State, preserved to the last the administration of the rural districts—the Seigneurs governed the peasantry. This again is very like a mistake.

In the eighteenth century all the affairs of the parish were managed by a certain number of parochial officers, who were no longer the agents of the manor or domain, and whom the Lord no longer selected. Some of these persons were nominated by the Intendant of the province, others were elected by the peasants themselves. The duty of these authorities was to assess the taxes, to repair the church, to build schools, to convoke and preside over the vestry or parochial meeting. They attended to the property of the parish and determined the application of it—they sued and were sued in its name. Not only the lord of the domain no longer conducted the administration of these small local affairs, but he did not even superintend it. All the parish officers were under the government or the control of the central power, as we shall show in a subsequent chapter. Nay, more, the Seigneur had almost ceased to act as the representative of the Crown in the parish, or as the channel of communication between the King and his subjects. He was no longer expected to apply in the parish the general laws of the realm, to call out the militia, to collect the taxes, to promulgate the mandates of the sovereign, or to distribute the bounty of the Crown. All these duties and all these rights belonged to others. The Seigneur was in fact no longer anything but an inhabitant of the parish, separated by his own immunities and privileges from all the other inhabitants. His rank was different, not his power. The Seigneur is only the principal inhabitant was the instruction constantly given by the Provincial Intendants to their Sub-delegates.