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.

(3.) The third was that of estates held on quit-rents, or, in the law language of the time, Rotures.

Valuation of an Estate held in Fief.—The valuation was less, according as the feudal burdens on it were greater.

(1.) In the parts of the country where written law was observed, and in many of the coutumes, the fiefs lay only under the obligation of what was called ‘la bouche et les mains,’ that is to say, that of doing homage.

(2.) In other coutumes the fiefs, besides the obligation of ‘la bouche et les mains,’ were what was called ‘de danger,’ as in Burgundy, and were subject to the commise, or feudal resumption, in case the holder of the property should take possession without having rendered submission or homage.

(3.) Other coutumes, again, as in that of Paris and many others, subject the fiefs not only to the obligation of doing homage, but to the rachat, the quint, and the requint.

(4.) By other coutumes, also, such as that of Poitou and a few others, they were subjected to chambellage dues, the cheval de service, &c.

Of these four all estates of the first category were valued more highly than the others.

The coutume of Paris laid their valuation at 20 years’ purchase, which is looked upon by our author as tolerably correct.

Valuation of Estates ‘en roture’ and ‘en censive.’—In order to come to a proper valuation, these lands have to be divided into three classes:—

(1.) Estates held simply on quit-rents.

(2.) Those which, beside the quit-rent, are subject to other kinds of feudal servitude.

(3.) Those held in mortmain, à taille réelle, en bordelage.

Only the first and second of these three forms of non-noble property were common in the eighteenth century; the third was extremely rare. The valuations to be made of them, according to our author, were less on coming down to the second class, and still less on coming down to the third. Men in possession of estates of the third class were not even, strictly speaking, their owners, inasmuch as they were not able to alienate them without permission from the Seigneur.

Le Terrier.—The feudistes, whom we have cited above, point out the following rules observed in the compilation or renewal of the seignorial registers, called ‘Terriers,’ mention of which has been made in many parts of the work. The Terrier was a single register, in which were recorded all the titles proving the rights appertaining to the seigneurie, whether in property or in honorary, real, personal, or mixed rights. All the declarations of the payers of the cens, the usages of the seigneurie, the leases à cens, &c., were inserted in it. We learn by our authors that, in the coutume of Paris, the Seigneurs were permitted to renew their registers every thirty years at the expense of their censitaires: they add, however, ‘It may be considered a very fortunate circumstance, nevertheless, when a new one may be found once a century.’ The Terrier could not be renewed (it was a vexatious business for all the persons dependent on the seigneurie) without obtaining, either from the Grande Chancellerie (if in cases of seigneuries situated within the jurisdiction of different Parliaments), or of the Parliaments (in the contrary case), an authorisation which was denominated ‘Lettres à Terrier.’ The notary who drew them up was nominated by the judicial authorities. All the vassals, noble or non-noble, the payers of the cens, holders of long leases (emphytéotes), and personages subject to the jurisdiction of the seigneurie were bound to appear before this notary. A plan of the seigneurie had to be annexed to the Terrier.

Besides the Terrier, the seigneurie was provided with other registers, called ‘lièves,’ in which the Seigneurs or their farmers inscribed the sums received in payment of the cens, with the names of those who paid and the dates of the receipts.

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