The State of Society in France Before the Revolution of 1789. Alexis de Tocqueville

is dead.

      Different as have been the destinies of these two corporate beings, their birth was in fact the same.

      Transported at once to regions far removed from the feudal system, and invested with unlimited authority over itself, the rural parish of the Middle Ages in Europe is become the township of New England. Severed from the lordship of the soil, but grasped in the powerful hand of the State, the rural parishes of France assumed the form I am about to describe.

      In the eighteenth century the number and the name of the parochial officers varied in the different provinces of France. The ancient records show that these officers were more numerous when local life was more active, and that they diminished in number as that life declined. In most of the parishes they were, in the eighteenth century, reduced to two persons—the one named the ‘Collector,’ the other most commonly named the ‘Syndic.’ Generally, these parochial officers were either elected, or supposed to be so; but they had everywhere become the instruments of the State rather than the representatives of the community. The Collector levied the taille, under the direct orders of the Intendant. The Syndic, placed under the daily direction of the Sub-delegate of the Intendant, represented that personage in all matters relating to public order or affecting the Government. He became the principal agent of the Government in relation to military service, to the public works of the State, and to the execution of the general laws of the kingdom.

      The Seigneur, as we have already seen, stood aloof from all these details of government; he had even ceased to superintend them, or to assist in them; nay more, these duties, which had served in earlier times to keep up his power, appeared unworthy of his attention in proportion to the progressive decay of that power. It would at last have been an offence to his pride to require him to attend to them. He had ceased to govern; but his presence in the parish and his privileges effectually prevented any good government from being established in the parish in place of his own. A private person differing so entirely from the other parishioners—so independent of them, and so favoured by the laws—weakened or destroyed the authority of all rules.

      The unavoidable contact with such a person in the country had driven into the towns, as I shall subsequently have occasion to show, almost all those inhabitants who had either a competency or education, so that none remained about the Seigneur but a flock of ignorant and uncultivated peasants, incapable of managing the administration of their common interests. ‘A parish,’ as Turgot had justly observed, ‘is an assemblage of cabins, and of inhabitants as passive as the cabins they dwell in.’

      The administrative records of the eighteenth century are full of complaints of the incapacity, indolence, and ignorance of the parochial collectors and syndics. Ministers, Intendants, Sub-delegates, and even the country gentlemen, are for ever deploring these defects; but none of them had traced these defects to their cause.

      Down to the Revolution the rural parishes of France had preserved in their government something of that democratic aspect which they had acquired in the Middle Ages. If the parochial officers were to be elected, or some matter of public interest to be discussed, the village bell summoned the peasants to the church-porch, where the poor as well as the rich were entitled to present themselves. In these meetings there was not indeed any regular debate or any decisive mode of voting, but every one was at liberty to speak his mind; and it was the duty of the notary, sent for on purpose, and operating in the open air, to collect these different opinions and enter them in a record of the proceedings.

      When these empty semblances of freedom are compared with the total impotence which was connected with them, they afford an example, in miniature, of the combination of the most absolute government with some of the forms of extreme democracy; so that to oppression may be added the absurdity of affecting to disguise it. This democratic assembly of the parish could indeed express its desires, but it had no more power to execute its will than the corporate bodies in the towns. It could not speak until its mouth had been opened, for the meeting could not be held without the express permission of the Intendant, and, to use the expression of those times, which adapted their language to the fact, ‘under his good pleasure.’ Even if such a meeting were unanimous, it could neither levy a rate, nor sell, nor buy, nor let, nor sue, without the permission of the King’s Council. It was necessary to obtain a minute of Council to repair the damage caused by the wind to the church steeple, or to rebuild the falling gables of the parsonage. The rural parishes most remote from Paris were just as much subject to this rule as those nearest to the capital. I have found records of parochial memorials to the Council for leave to spend twenty-five livres.

      The inhabitants had indeed, commonly, retained the right of electing their parochial magistrates by universal suffrage; but it frequently happened that the Intendant designated to this small electoral body a candidate who never failed to be returned by a unanimity of suffrages. Sometimes, when the election had been made by the parishioners themselves, he set it aside, named the collector and syndic of his own authority, and adjourned indefinitely a fresh election. There are thousands of such examples.

      It is difficult to conceive a more cruel fate than that of these parochial officers. The lowest agent of the Central Government, the Sub-delegate, bent them to every caprice. Often they were fined, sometimes imprisoned; for the securities which elsewhere defended the citizens against arbitrary proceedings had ceased to exist for them: ‘I have thrown into prison,’ said an Intendant in 1750, ‘some of the chief persons in the villages who grumbled, and I have made these parishes pay the expense of the horsemen of the patrol. By these means they have been easily checkmated.’ The consequence was, that these parochial functions were not considered as honours, but as burdens to be evaded by every species of subterfuge.

      Yet these last remnants of the ancient parochial government were still dear to the peasantry of France; and even at the present day, of all public liberties the only one they thoroughly comprehend is parochial freedom. The only business of a public nature which really interests them is to be found there. Men, who readily leave the government of the whole nation in the hand of a master, revolt at the notion of not being able to speak their mind in the administration of their own village. So much weight is there yet in forms the most hollow.

      What has been said of the towns and parishes of France may be extended to almost all the corporate bodies which had any separate existence and collective property.

      Under the social condition of France anterior to the Revolution of 1789, as well as at the present day, there was no city, town, borough, village, or hamlet in the kingdom—there was neither hospital, church fabric, religious house, nor college, which could have an independent will in the management of its private affairs, or which could administer its own property according to its own choice. Then, as now, the executive administration therefore held the whole French people in tutelage; and if that insolent term had not yet been invented, the thing itself already existed.

      CHAPTER IV

ADMINISTRATIVE JURISDICTION AND THE IMMUNITY OF PUBLIC OFFICERS ARE INSTITUTIONS OF FRANCE ANTERIOR TO THE REVOLUTION.25

      In no country in Europe were the ordinary courts of justice less dependent on the Government than in France; but in no country were extraordinary courts of justice more extensively employed. These two circumstances were more nearly connected than might be imagined. As the King was almost entirely powerless in relation to the judges of the land—as he could neither dismiss them, nor translate them, nor even, for the most part, promote them—as, in short, he held them neither by ambition nor by fear, their independence soon proved embarrassing to the Crown. The result had been, in France, more than anywhere else, to withdraw from their jurisdiction the suits in which the authority of the Crown was directly interested, and to call into being, as it were beside them, a species of tribunal more dependent on the sovereign, which should present to the subjects of the Crown some semblance of justice without any real cause for the Crown to dread its control.

      In other countries, as, for instance, in some parts of Germany, where the ordinary courts of justice had never been as independent of the Government as those of France, no such precautions were taken, and no administrative justice (as it was termed) existed. The sovereign was so far master of the judges, that he needed no special commissions.

      The edicts and declarations of the Kings of France, published

25

[Que la justice administrative et la garantie des fonctionnaires sont des institutions de l’Ancien Régime. The difficulty of rendering these terms into intelligible English arises from the fact that at no time in the last two centuries of the history of England has the executive administration assumed a peculiar jurisdiction to itself or removed its officers from the jurisdiction of the courts of common law in this country. It will be seen in this chapter that the ordinary jurisdictions of France have always been liable to be superseded by extraordinary judicial authorities when the interests of the Government or the responsibility of its agents were at stake. The arbitrary jurisdiction of all such irregular tribunals was, in fact, abolished in England in 1641 by the Act under which fell the Court of Star Chamber and the High Commission.]