[The Origins of Contemporary France Volume 2 (of 6) by Hippolyte A. Taine]@TWC D-Link bookThe Origins of Contemporary France Volume 2 (of 6) CHAPTER II 22/104
But, because these ancient claims are liable to abuse and injurious at the present day, it does not follow that they never were useful and legitimate, nor that it is allowable to abolish them without indemnity On the contrary, for many centuries, and, on the whole, so long as the lord of the manor resided on his estates this primitive contract was advantageous to both parties, and to such an extent that it has led to the modern contract.
Thanks to the pressure of this tight bandage, the broken fragments of the community can be again united, and society once more recover its solidity, force, and activity .-- In any event, that the institution, like all human institutions, took its rise in violence and was corrupted by abuses is of little consequence; the State, for eight hundred years, recognized these feudal claims, and, with its own consent and the concurrence of its Courts, they were transmitted, bequeathed, sold, mortgaged, and exchanged, like any other species of property.
Only two or three hundred, at most, now remained in the families of the original proprietors.
"The largest portion of the titled estates," says a contemporary,[2218] "have become the property of capitalists, merchants, and their descendants; the fiefs, for the most part, being in the hands of the bourgeois of the towns." All the fiefs which, during two centuries past, have been bought by new men, now represent the economy and labor of their purchasers .-- Moreover; whoever the actual holders may be, whether old or whether new men, the State is under obligation to them, not only by general right--and because, from the beginning, it is in its nature the guardian of all property,--but also by a special right, because it has itself sanctioned this particular species of property.
The buyers of yesterday paid their money only under its guarantee; its signature is affixed to the contract, and it has bound itself to secure to them the enjoyment of it.
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