In order that this last occupation may be left to the lord and his friends, game is strictly preserved, to the great detriment of the crops. Poachers are sharply dealt with, and the peasant may not have a gun to protect him from wolves. There are laws enough against the wrongs wrought by landlords and gamekeepers, against the trampling down of young wheat, against vexatious complaints and fines, but the country people say that such laws are not fairly enforced. Especially is the case hard of those who live near the capitaineries or royal hunting-grounds. Here rural proprietors may not raise a new wall without permission, lest the hares be restrained of their liberty of eating cabbages. No crops can be cut until the appointed day, that the young partridges be not disturbed. Deer and rabbits live at free quarters in the cultivated fields. They are the peasants' personal enemies, and among the first unlawful acts of the Revolution will be their wholesale destruction.[Footnote: Olivier, 78, mentions the laws protecting the crops. The universal complaint of the cahiers proves the grievance. See the chapter on the cahiers. The capitainerie of Chantilly was said to be over 100 miles in circumference. A. Young, i. 8 (May 25, 1787).]

In every village there is a church, sometimes even in small places a beautiful gothic building, oftener modest in size and of plain architecture. Once or twice in a day's ride the red roofs and high walls of a convent come in sight, not very different in appearance from a group of farm buildings,—were it not for the chapel and its belfry;—for here in France the farms are surrounded by high walls. The interminable straight roads, fine pieces of engineering, but little traveled, stretch out between the ploughed fields, with rows of Lombardy poplars on either hand, that tantalize the sun-baked traveler with a suggestion of shade.

The peasants live in villages oftener than in detached farms, and the village itself is apt to have a rudely fortified appearance. The fields that stretch about it belong to the peasants, but with a modified ownership. Over them the lords exercise their feudal rights. There is the cens, a fixed rent, annual, perpetual, inseparably attached to the soil. It is paid sometimes in money, sometimes in grain, fruits, or chickens, according to deed, or to long established custom. There is the champart, a rent proportional to the crop, also payable to the lord; and there is the tithe which must be given to the clergy. Should the peasant wish to sell his holding, a fine called lods et ventes, amounting in some cases to one sixth of the price, must be paid to the lord by the purchaser, and on some estates the lord has also the right to refuse to accept the new tenant, and to take the bargain on his own account.[Footnote: Prudhomme, 37, 137, 515.]

These are the common incidents of feudal tenure. Rights analogous to them may be found in England or in Germany, wherever that system has existed. And the vestiges of a state of things far older than feudalism have not entirely disappeared. The commons of wood and of pasturage yet recall the time when agricultural lands were held by a common tenure. Even that tenure itself, with its annual redistribution of the fields, may be found in Lorraine.[Footnote: Mathieu, 322.]

There were, moreover, many irksome restrictions on the peasant. In the lord's mill he must grind his corn; in the lord's oven he must bake his bread; to the lord's bull his cow must be taken. Days of labor on the lord's land might be demanded of him. Ridiculous customs, offensive to his dignity or his vanity, might be enforced. Newly married couples were in some parishes made to jump over the churchyard wall. In other places, on certain nights in the year, the peasants were obliged to beat the water in the castle ditch to keep the frogs quiet. These customs have been considered very grievous by democratic writers, nor were they so indifferent to the peasants themselves as the lovers of the good old times would have us believe.[Footnote: See the rural cahiers, passim. Mathieu gives the text of a customary right of banalité. The fee of the four banal was 1/24 of the bread by weight; the moulin banal, 1/12 of the flour; the pressoir banal, 1/10 to 1/12 of the wine; but the fees varied in different places even in one province. It was complained that presses enough for the work were not furnished, and that grapes spoiled in consequence. Mathieu, 285.]

It was not always the lord of the soil who enjoyed and exercised the feudal rights. He had sometimes sold them to strangers, in whose hands they were merely revenue, and who demanded them harshly.

The origin of these customs lay in a form of civilization that had long passed away. To understand the conditions on which the French peasants held their lands little more than a hundred years ago, we must glance back over many centuries. Feudalism began in military conquest. When the barbarians overran the Roman Empire, the victorious chiefs divided the land among their principal followers; and the titles thus conferred, although personal at first, soon became hereditary. The man who received or inherited land was expected to appear in the field with his followers at the call of his chief. The tenant, in his turn, distributed the land among his friends on conditions similar to those on which he had himself received it; and the process might be indefinitely repeated. Thus there came to be a hierarchy in the state, in which every member was responsible to his immediate superiors and obliged within certain limits to obey the man next above him, rather than the king who was supposed to rule them all. The obligations were various, according to the conditions on which the lands had been granted, but they always involved military service on the part of the grantee, and protection on the part of the grantor. The services being mutual, and the tenure the usual, or fashionable one, most persons who held land in any other way saw fit to conform to the feudal method; and absolute, or allodial owners, where the tide of conquest had left any, generally, in the course of time, surrendered their lands to some neighboring lord, and received them back again on feudal conditions.

But the tenure here described existed only among the comparatively rich and great. When the last feudal division had been accomplished, when the chief had made his last grant to his captains and the soil was divided among them, there still remained by far the larger part of the population which owed no feudal duty and held no feudal estate. The common soldiers of the invading army, the native people of the conquered country and their descendants, inextricably mixed together, remained upon the soil and cultivated it as free tenants, or as serfs. They paid for the use of the land on which they lived in money or in a share of the crops, or in services. They acknowledged the title of the feudal lords over them, and while struggling to make good bargains with their masters, they seldom set up a claim to equality, or to independence. The peasants came to think it the natural and divinely appointed order of things that they should obey and serve their lords, with a partial obedience and a limited service. To ask why they were content so to serve, would be to open one of the greatest problems of history. Whatever the reason, over a large part of the world, and through the greater part of historical time, men have consented to obey other men whom they have not selected, and have generally preferred the hereditary principle to any other in determining to whom they would look up as their rulers.

So the French peasants and their lords went on for centuries, living side by side, rendering each other mutual services, sometimes quarreling and sometimes making bargains. The peasants were called on for military service, but they and their families took refuge in the lord's castle when the frequent wars swept over the land. The mill, whose rough machinery was still an improvement on the rude hand-mill, or on the yet more primitive mortar and pestle; the oven where the peasant could bake his bread without lighting a fire on his own hearth, after the toil of the long summer's day; the bull of famous breed in all the country-side, were the lord's, and all his tenants must use them and pay for them, at rates fixed by immemorial custom, or perhaps by some long forgotten bargain, made when these conveniences were first furnished to the dwellers in the land. The lord led his peasants to battle, he protected them from the inhabitants of the next valley, he decided their differences in his court, where the more considerable of his tenants sat beside him; he governed his people, well or ill, according to his character, but on the whole to their reasonable satisfaction. His government, such as it might be, was their only refuge from anarchy. The lord was governed, not very strictly, by a greater lord, who in his turn owed duty to a greater than he; until, after one or more steps, came the king, or overlord of the land.

The long struggle by which the kings of France had transformed this loose chain of allegiance into the tightened band of almost absolute monarchy, is not to be told here. From the tenth century to the seventeenth the combat was waged with varied success. The feudal lords lost much of their power, but kept much of their wealth and many of their privileges. The dukes and counts, whose fathers, in their own domains, had been as powerful as the king himself, retained their titles, and drew their incomes, but they spent their time in attendance on their sovereign. The petty lord still held his court of justice, over which his bailiff usually presided, but its functions had been gradually usurped by the royal judges. The castle, no longer needed for protection, was transformed into a country house. But many old customs and old rights were maintained, although their origin was forgotten. The peasants still worked for several days in the year on the lands of their lord, or paid a part of their crops in rent for their farms, although these had been in the possession of their forefathers for a thousand years.