[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 35/104
It will be but a little while and, according to the terms of this same decree, a military veteran of seventy-seven years, a loyal servant of the Republic, and a brigadier-general under the Convention, will be arrested on returning to his native village, because he has mechanically signed the register of the revolutionary committee as Montperreux instead of Vannod, and, for this infraction, he will be guillotined along with his brother and his sister-in-law.[2227] Once on this road, it is impossible to stop; for the principles which are proclaimed go beyond the decrees which are passed, and a bad law introduces a worse.
The Constituent Assembly[2228] had supposed that annual dues, like ground-rents, and contingent dues, like feudal duties (lods et rentes), were the price of an ancient concession of land, and, consequently, the proof to the contrary is to be thrown upon the tenant. The Legislative Assembly is about to assume that these same rentals are the result of an old feudal usurpation, and that, consequently, the proof to the contrary must rest with the proprietor.
His rights cannot be established by possession from time immemorial, nor by innumerable and regular acquittances; he must produce the act of enfeoffment which is many centuries old, the lease which has never, perhaps, been written out, the primitive title already rare in 1720,[2229] and since stolen or burnt in the recent jacqueries: otherwise he is despoiled without indemnity.
All feudal claims are swept away by this act without exception and without compensation. In a similar manner, the Constituent Assembly, setting common law aside in relation to inheritances ab intestato, had deprived all eldest sons and males of any advantages.[2230] The Convention, suppressing the freedom of testamentary bequest, prohibits the father from disposing of more than one-tenth of his possessions; and again, going back to the past, it makes its decrees retrospective: every will opened after the 14th of July, 1789, is declared invalid if not in conformity with this decree; every succession from the 14th of June, 1789, which is administered after the same date, is re-divided if the division has not been equal; every donation which has been made among the heirs after the same date is void.
Not only is the feudal family destroyed in this way, but it must never be reformed.
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