Estimation du Cens.—The greater number of the coutumes place the estimation of the cens, au denier 30 (3-1/3 per cent.). The high valuation of the cens arises from the fact that it represents at the same time all such remunerative casualties as the lods et ventes, for instance.
Dîmes inféodées.—Terrage.—The tithes in fief cannot be estimated at less than 4 per cent.; this sort of property calling neither for care, culture, nor expense. When the terrage or champart includes lods et ventes, that is to say, when the land subject to these dues cannot be sold without paying for the right of exchange to the Seigneur, who has the right of tenure in capite, the valuation must be raised to 3-1/3 per cent.; if not it must be estimated like the tithes.
Les Rentes foncières, which produced no lods et ventes or droit de retenu (that is to say, which are not seignorial revenue), ought to be estimated at 5 per cent.
ESTIMATE OF THE DIFFERENT HEREDITARY ESTATES EXISTING IN FRANCE BEFORE THE REVOLUTION.
We recognise in France, says this writer, only three kinds of estates:—
(1.) The Franc Alleu.—This was a freehold estate, exempt from every kind of burden, and subject neither to seignorial duties nor dues, either profitable or honorary.
There were both noble and non-noble francs alleux. The noble franc alleu had its right of jurisdiction or fiefs dependent on it, or lands paying quit-rents: it followed all the observances of feudal law in subdivision. The non-noble franc alleu had neither jurisdiction, nor fief, nor censive, and was heritable according to the laws affecting non-nobles. The author looks upon the holders of francs alleux as alone possessing complete property in the land.
Valuation of Estates in Franc Alleu.—They were valued the highest of all. The coutumes of Auvergne and Burgundy put the valuation of them as high as 40 years’ purchase. Our author opines that their valuation at 30 years’ purchase would be exact. It must be observed that all non-noble francs alleux placed within the limits of a seignorial jurisdiction were subject to this jurisdiction. They were not in any dependence of vassalage to the Seigneur, but owed submission to a jurisdiction which had the position of that of the Courts of the State.
(2.) The second kind was that of estates held in fief.