That great reforms were indispensable was admitted in every quarter. There was no country in Europe where the feudal system had received so little modification.[13] Every law seemed to have been made, and every custom to have been established for the exclusive benefit of the nobles. They were even exempted from many of the taxes, an exemption which was the more intolerable from the vast number of persons who were included in the list. Practically it may be said that there were two classes of nobles-the old historic houses, as they were sometimes called, such as the Grammonts or Montmorencies, which were not numerous, and many of which had greatly decayed in wealth and influence; and an inferior class whose nobility was derived from their possession of office under the crown in any part of the kingdom. Even tax-gatherers and surveyors, if appointed by royal warrant, could claim the rank; and new offices were continually being created and sold which conferred the same title. Those so ennobled were not reckoned the equals of the higher class. They could not even be received at court until their patents were four hundred years old, but they had a right to vote as nobles at elections to any representative body. Those whose patents were twenty-four years old could be elected as representatives; and from the moment of their creation they all enjoyed great exemptions; so that, as the lowest estimate reckoned their numbers at a hundred thousand, it is a matter for some wonder how the taxes to which they did not contribute produced any thing worth collecting. It was, of course, manifest that the exemptions enormously increased the burden to be borne by the classes which did not enjoy such privileges.
But, heavy as the grievance of these exemptions was, it was as nothing when compared with the feudal rights claimed by the greater nobles. The peasants on their estates were forced to grind their corn at the lord's mill, to press their grapes at his wine-press, paying for such act whatever price he might think fit to exact, and often having their crops wholly wasted or spoiled by the delays which such a system engendered. The game-laws forbade them to weed their fields lest they should disturb the young partridges or leverets; to manure the soil with any thing which might injure their flavor; or even to mow or reap till the grass or corn was no longer required as shelter for the young coveys. Some of the rights of seigniory, as it was called, were such as can hardly be mentioned in this more decorous age; some were so ridiculous that it is inconceivable how their very absurdity had not led to their abolition. In the marshy districts of Brittany, one right enjoyed by the great nobles was "the silence of the frogs,[14]" which, whenever the lady was confined, bound the peasants to spend their days and nights in beating the swamps with long poles to save her from being disturbed by their inharmonious croaking. And if this or any other feudal right was dispensed with, it was only commuted for a money payment, which was little less burdensome.
The powers exercised by the crown were more intolerable still. The sovereign was absolute master of the liberties of his subjects. Without alleging the commission of any crime, he could issue warrants-letters under seal, as they were called-which consigned the person named in them to imprisonment, which was often perpetual. The unhappy prisoner had no power of appeal. No judge could inquire into his case, much less release him. The arrests were often made with such secrecy and rapidity that his nearest relations knew not what had become of him, but he was cut off from the outer world, for the rest of his life, as completely as if he had at once been handed over to the executioner.[15]
It was impossible but that such customs should produce general discontent, and a resolute demand for a complete reformation of the system. And one of the problems which the minister had to determine was, how to organize the States-general so that they should be disposed to promote such measures as reform as should be adequate without being excessive; as should give due protection to the middle and lower classes without depriving the nobles of that dignity and authority which were not only desirable for themselves, but useful to their dependents; and, lastly, such as should carefully preserve the rightful prerogatives of the crown, while putting an end to those arbitrary powers, the existence of which was incompatible with the very name of freedom.
In making the necessary arrangements, the long disuse of the Assembly was a circumstance greatly in favor of the Government, if Necker had had skill to avail himself of it, since it wholly freed him from the obligation of being guided by former precedents. Those arrangements were long and warmly debated in the king's council. Though the records of former sessions had been so carelessly preserved that little was known of their proceedings, it seemed to be established that the representatives of the Commons had usually amounted to about four-tenths of the whole body, those of the clergy and of the nobles being each about three-tenths; and that they had almost invariably deliberated and voted in separate chambers; and the princes and the chief nobles presented memorials to the king, in which they almost unanimously recommended an adherence to these ancient forms; while, with patriotic prudence, they sought to obviate all jealousy of their own pretensions or views which might be entertained or feigned in any quarter, by announcing their willingness to abandon all the exclusive privileges and exemptions which they had hitherto possessed, and which were notoriously one chief cause of the generally prevailing discontent.
But the party which had originated the clamor for the States-general, now, encouraged by their success, put forward two fresh demands; the first, that the number of the representatives of the Commons should equal that of both the other orders put together, which they called "the duplication of the Third Estate;" the second, that the three orders should meet and vote as one united body in one chamber; the two proposition taken together being manifestly calculated and designed to throw the whole power into the hands of the Commons.
Necker had great doubts about the propriety and safety of the first proposal, and no doubt at all of the danger of the second. His own judgment was that the wisest plan would be to order the clergy and nobles to unite in an Upper Chamber, so as in some degree to resemble the British House of Lords; while the Third Estate, in a Lower Chamber, would be a tolerably faithful copy of our House of Commons. But he could never bring himself to risk his popularity by opposing what he regarded as the opinion of the masses. He was alarmed by the political clubs which were springing up in Paris; one, whose president was the Duc d'Orleans, assuming the significant and menacing title of Les Enrages;[16] and by the vast number of pamphlets which were circulated both in the capital and the chief towns of the provinces by thousands,[17] every writer of which put himself forward as a legislator,[18] and of which the vast majority advocated what they called the rights of the Third Estate, in most violent language; and, finally, he adopted the course which is a great favorite with vain and weak men, and which he probably represented to himself as a compromise between unqualified concession and unyielding resistance, though, every one possessed of the slightest penetration could see that it practically surrendered both points: he advised the king to issue his edict that the number of representatives to be returned to the States-general should be twelve hundred, half of whom were to be returned by the Commons, a quarter by the clergy, and a quarter by the nobles;[19] and to postpone the decision as to the number of the chambers till the Assembly should meet, when he proposed to allow the States themselves to determine it; trusting, against all probability, that, after having thus given the Commons the power to enforce their own views, he should be able to persuade them to abandon the same in deference to his judgment.