The Ancient Regime by Hippolyte Taine
page 51 of 632 (08%)
page 51 of 632 (08%)
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only on condition of remaining with them; if absent at the time of
their decease he is the inheritor." This is what was styled in the language of the day an estate "with excellent dues." -Elsewhere the seignior inherits from collaterals, brothers or nephews, if they were not in community with the defunct at the moment of his death, which community is only valid through his consent. In the Jura and the Nivernais, he may pursue fugitive serfs, and demand, at their death, not only the property left by them on his domain, but, again, the pittance acquired by them elsewhere. At Saint-Claude he acquires this right over any person that passes a year and a day in a house belonging to the seigniory. As to ownership of the soil we see still more clearly that he once had entire possession of it. In the district subject to his jurisdiction the public domain remains his private domain; roads, streets and open squares form a part of it; he has the right to plant trees in them and to take trees up. In many provinces, through a pasturage rent, he obliges the inhabitants to pay for permits to pasture their cattle in the fields after the crop, and in the open common lands, (les terres vaines et vagues). Unnavigable streams belong to him, as well as islets and accumulations formed in them and the fish that are found in them. He has the right of the chase over the whole extent of his jurisdiction, this or that commoner being sometimes compelled to throw open to him his park enclosed by walls. One more trait serves to complete the picture. This head of the State, a proprietor of man and of the soil, was once a resident cultivator on his own small farm amidst others of the same class, and, by this title, he reserved to himself certain working privileges which he always retained. Such is the right of banvin, still widely diffused, consisting of the privilege of selling his own wine, to the |
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