The Ancient Regime. Taine Hippolyte

the places at their disposition, and, in relaxing authority for profit, why they alienated the last fragment of government remaining in their hands. Everywhere they thus laid aside the venerated character of a chief to put on the odious character of a trafficker. "Not only," says a contemporary,1350 "do they give no pay to their officers of justice, or take them at a discount, but, what is worse, the greater portion of them make a sale of these offices." In spite of the edict of 1693, the judges thus appointed take no steps to be admitted into the royal courts and they take no oaths. "What is the result? Justice, too often administered by knaves, degenerates into brigandage or into a frightful impunity."—Ordinarily the seignior who sells the office on a financial basis, deducts, in addition, the hundredth, the fiftieth, the tenth of the price, when it passes into other hands; and at other times he disposes of the survivorship. He creates these offices and survivorships purposely to sell them. "All the seigniorial courts, say the registers, are infested with a crowd of officials of every description, seigniorial sergeants, mounted and unmounted officers, keepers of the provostship of the funds, guards of the constabulary. It is by no means rare to find as many as ten in an arrondissement which could hardly maintain two if they confined themselves within the limits of their duties." Also "they are at the same time judges, attorneys, fiscal-attorneys, registrars, notaries," each in a different place, each practicing in several seigniories under various titles, all perambulating, all in league like thieves at a fair, and assembling together in the taverns to plan, prosecute and decide. Sometimes the seignior, to economize, confers the title on one of his own dependents: "At Hautemont, in Hainaut, the fiscal-attorney is a domestic." More frequently he nominates some starveling advocate of a petty village in the neighborhood on wages which would not suffice to keep him alive a week." He indemnifies himself out of the peasants. Processes of chicanery, delays and willful complications in the proceedings, sittings at three livres the hour for the advocate and three livres the hour for the bailiff. The black brood of judicial leeches suck so much the more eagerly, because the more numerous, a still more scrawny prey, having paid for the privilege of sucking it.1351 The arbitrariness, the corruption, the laxity of such a régime can be divined. "Impunity," says Renauldon, "is nowhere greater than in the seigniorial tribunals. … The foulest crimes obtain no consideration there," for the seignior dreads supplying the means for a criminal trial, while his judges or prosecuting attorneys fear that they will not be paid for their proceedings. Moreover, his jail is often a cellar under the chateau; "there is not one tribunal out of a hundred in conformity with the law in respect of prisons;" their keepers shut their eyes or stretch out their hands. Hence it is that "his estates become the refuge of all the scoundrels in the canton." The effect of his indifference is terrible and it is to react against him: to-morrow, at the club, the attorneys whom he has multiplied will demand his head, and the bandits whom he has tolerated will place it on the end of a pike.

One-point remains, the chase, wherein the noble's jurisdiction is still active and severe, and it is just the point which is found the most offensive. Formerly, when one-half of the canton consisted of forest, or waste land, while the other half was being ravaged by wild beasts, he was justified in reserving the right to hunt them; it entered into his function as local captain. He was the hereditary gendarme, always armed, always on horseback, as well against wild boars and wolves as against rovers and brigands. Now that nothing is left to him of the gendarme but the title and the epaulettes he maintains his privilege through tradition, thus converting a service into an annoyance. Hunt he must, and he alone must hunt; it is a physical necessity and, it the same time, a sign of his blood. A Rohan, a Dillon, chases the stag although belonging to the church, in spite of edicts and in spite of the canons. "You hunt too much," said Louis XV.1352 to the latter; "I know something about it. How can you prohibit your curates from hunting if you pass your life in setting them such an example?—Sire, for my curates the chase is a fault, for myself it is the fault of my ancestors." When the vanity and arrogance of caste thus mounts guard over a right it is with obstinate vigilance. Accordingly, their captains of the chase, their game-keepers, their wood-rangers, their forest-wardens protect brutes as if they were men, and hunt men as if they were brutes. In the bailiwick of Pont-l'Evèque in 1789 four instances are cited "of recent assassinations committed by the game-keepers of Mme. d'A———Mme. N——, a prelate and a marshal of France, on commoners caught breaking the game laws or carrying guns. All four publicly escape punishment." In Artois, a parish makes declaration that "on the lands of the Chattellany the game devours all the avêtis (pine saplings) and that the growers of them will be obliged to abandon their business." Not far off; at Rumancourt, at Bellone, "the hares, rabbits and partridges entirely devour them, Count d'Oisy never hunting nor having hunts." In twenty villages in the neighborhood around Oisy where he hunts it is on horseback and across the crops. "His game-keepers, always armed, have killed several persons under the pretense of watching over their master's rights. … The game, which greatly exceeds that of the royal captaincies, consumes annually all prospects of a crop, twenty thousand razières of wheat and as many of other grains." In the bailiwick of Evreux "the game has just destroyed everything up to the very houses. … On account of the game the citizen is not free to pull up the weeds in summer which clog the grain and injure the seed sown. … How many women are there without husbands, and children without fathers, on account of a poor hare or rabbit!" The game-keepers of the forest of Gouffray in Normandy "are so terrible that they maltreat, insult and kill men. … I know of farmers who, having pleaded against the lady to be indemnified for the loss of their wheat, not only lost their time but their crops and the expenses of the trial. … Stags and deer are seen roving around our houses in open daylight." In the bailiwick of Domfront, "the inhabitants of more than ten parishes are obliged to watch all night for more than six months of the year to secure their crops.1353—This is the effect of the right of the chase in the provinces. It is, however, in the Ile-de-France, where captaincies abound, and become more extensive, that the spectacle is most lamentable. A procés-verbal shows that in the single parish of Vaux, near Meulan, the rabbits of warrens in the vicinity ravage eight hundred cultivated arpents (acres) of ground and destroy the crops of two thousand four hundred setiers (three acres each), that is to say, the annual supplies of eight hundred persons. Near that place, at la Rochette, herds of deer and of stags devour everything in the fields during the day, and, at night, they even invade the small gardens of the inhabitants to consume vegetables and to break down young trees. It is found impossible in a territory subjected to a captaincy to retain vegetables safe in gardens, enclosed by high walls. At Farcy, of five hundred peach trees planted in a vineyard and browsed on by stags, only twenty remain at the end of three years. Over the whole territory of Fontainebleau, the communities, to save their vines, are obliged to maintain, with the assent always of the captaincy, a gang of watchmen who, with licensed dogs, keep watch and make a hubbub all night from the first of May to the middle of October. At Chartrettes the deer cross the Seine, approach the doors of the Comtesse de Larochefoucauld and destroy entire plantations of poplars. A domain rented for two thousand livres brings in only four hundred after the establishment of the captaincy of Versailles. In short, eleven regiments of an enemy's cavalry, quartered on the eleven captaincies near the capital, and starting out daily to forage, could not do more mischief.—We need not be surprised if, in the neighborhood of these lairs, the people become weary of cultivating.1354 Near Fontainebleau and Melun, at Bois-le-Roi, three-quarters of the ground remains waste. Almost all the houses in Brolle are in ruins, only half-crumbling gables being visible; at Coutilles and at Chapelle-Rablay, five farms are abandoned; at Arbonne, numerous fields are neglected. At Villiers, and at Dame-Marie, where there were four farming companies and a number of special cultures, eight hundred arpents remain untilled.—Strange to say, as the century becomes more easygoing the enforcement of the chase becomes increasingly harsh. The officers of the captaincy are zealous because they labor under the eye and for the "pleasures" of their master. In 1789, eight hundred preserves had just been planted in one single canton of the captaincy of Fontainebleau, and in spite of the proprietors of the soil. According to the regulations of 1762 every private individual domiciled on the reservation of a captaincy is forbidden from enclosing his homestead or