What is Property [176]
spirit of justice infused with religion, by which the seignior was forced to respect in the serf a soul equal to his own, a brother in Jesus Christ, purified by the same baptism, and redeemed by the same sacrifice of the Son of God in the form of man? For we must not close our eyes to the fact that, though the Barbarian morals and the ignorance and carelessness of the seigniors, who busied themselves mainly with wars and battles, paying little or no attention to agriculture, may have been great aids in the emancipation of the serfs, still the vital principle of this emancipation was essentially Christian. Suppose that the Barbarians had remained Pagans in the midst of a Pagan world. As they did not change the Gospel, so they would not have changed the polytheistic customs; slavery would have remained what it was; they would have continued to kill the slaves who were desirous of liberty, family, and property; whole nations would have been reduced to the condition of Helots; nothing would have changed upon the terrestrial stage, except the actors. The Barbarians were less selfish, less imperious, less dissolute, and less cruel than the Romans. Such was the nature upon which, after the fall of the empire and the renovation of society, Christianity was to act. But this nature, grounded as in former times upon slavery and war, would, by its own energy, have produced nothing but war and slavery.
"GRADUALLY the serfs obtained the privilege of being judged by the same standard as their masters. . . ."
When, how, and by what title did they obtain this privilege?
GRADUALLY their duties were regulated."
Whence came the regulations? Who had the authority to introduce them?
"The master took a part of the labor of the serf,--three days, for instance,--and left the rest to him. As for Sunday, that belonged to God."
And what established Sunday, if not religion? Whence I infer, that the same power which took it upon itself to suspend hostilities and to lighten the duties of the serf was also that which regulated the judiciary and created a sort of law for the slave.
But this law itself, on what did it bear?--what was its principle?--what was the philosophy of the councils and popes with reference to this matter? The reply to all these questions, coming from me alone, would be distrusted. The authority of M. Laboulaye shall give credence to my words. This holy philosophy, to which the slaves were indebted for every thing, this invocation of the Gospel, was an anathema against property.
The proprietors of small freeholds, that is, the freemen of the middle class, had fallen, in consequence of the tyranny of the nobles, into a worse condition than that of the tenants and serfs. "The expenses of war weighed less heavily upon the serf than upon the freeman; and, as for legal protection, the seigniorial court, where the serf was judged by his peers, was far preferable to the cantonal assembly. It was better to have a noble for a seignior than for a judge."
So it is better to-day to have a man of large capital for an associate than for a rival. The honest tenant--the laborer who earns weekly a moderate but constant salary--is more to be envied than the independent but small farmer, or the poor licensed mechanic.
At that time, all were either seigniors or serfs, oppressors or oppressed. "Then, under the protection of convents, or of the seigniorial turret, new societies were formed, which silently spread over the soil made fertile by their hands, and which derived their power from the annihilation of the free classes whom they enlisted in their behalf. As tenants, these men acquired, from generation to generation, sacred rights over the soil which they cultivated in the interest of lazy and pillaging masters. As fast as the social tempest abated, it became necessary to respect the union and heritage of these villeins, who by their labor had truly prescribed the soil for their own profit."
I ask how prescription could take effect where a contrary title and possession already existed?
"GRADUALLY the serfs obtained the privilege of being judged by the same standard as their masters. . . ."
When, how, and by what title did they obtain this privilege?
GRADUALLY their duties were regulated."
Whence came the regulations? Who had the authority to introduce them?
"The master took a part of the labor of the serf,--three days, for instance,--and left the rest to him. As for Sunday, that belonged to God."
And what established Sunday, if not religion? Whence I infer, that the same power which took it upon itself to suspend hostilities and to lighten the duties of the serf was also that which regulated the judiciary and created a sort of law for the slave.
But this law itself, on what did it bear?--what was its principle?--what was the philosophy of the councils and popes with reference to this matter? The reply to all these questions, coming from me alone, would be distrusted. The authority of M. Laboulaye shall give credence to my words. This holy philosophy, to which the slaves were indebted for every thing, this invocation of the Gospel, was an anathema against property.
The proprietors of small freeholds, that is, the freemen of the middle class, had fallen, in consequence of the tyranny of the nobles, into a worse condition than that of the tenants and serfs. "The expenses of war weighed less heavily upon the serf than upon the freeman; and, as for legal protection, the seigniorial court, where the serf was judged by his peers, was far preferable to the cantonal assembly. It was better to have a noble for a seignior than for a judge."
So it is better to-day to have a man of large capital for an associate than for a rival. The honest tenant--the laborer who earns weekly a moderate but constant salary--is more to be envied than the independent but small farmer, or the poor licensed mechanic.
At that time, all were either seigniors or serfs, oppressors or oppressed. "Then, under the protection of convents, or of the seigniorial turret, new societies were formed, which silently spread over the soil made fertile by their hands, and which derived their power from the annihilation of the free classes whom they enlisted in their behalf. As tenants, these men acquired, from generation to generation, sacred rights over the soil which they cultivated in the interest of lazy and pillaging masters. As fast as the social tempest abated, it became necessary to respect the union and heritage of these villeins, who by their labor had truly prescribed the soil for their own profit."
I ask how prescription could take effect where a contrary title and possession already existed?