duos nobiles, et duos tertii status.)’ (Documents inedits sur l’Histoire de France; proces-verbal de Masselin, p. 76.) The commencement of the chapter headed Of the Commons (du commun) is, ‘For the third and common estate the said folks do represent …’ and a few lines lower, comparing the kingdom with the human body, the compilers of the memorial say, ‘The members are the clergy, the nobles, and the folks of the third estate. (Ibid. after the report of Masselin, memorial of grievances, p. 669.)
“Thus, at the end of the fifteenth century, the expression third estate was constantly employed; but is it not of older date? There are words which spring so from the nature of things that they ought to be contemporaneous with the ideas they express; their appearance in language is inevitable, and is scarcely noticed there. On the day when the deputies of the communes entered an assembly, and seated themselves beside the first two orders, the new comer, by virtue of the situation and rank occupied, took the name of third order; and as our fathers used to speak of the third denier (tiers denier), and the third day (tierce journee), so they must have spoken of the (tiers-etat) third estate. It was only at the end of the fifteenth century that the expression became common; but I am inclined to believe that it existed in the beginning of the fourteenth.
“For an instant I had imagined, in the course of my researches, that, under King John, the ordinances had designated the good towns by the name of third estate. I very soon saw my mistake; but you will see how near I found myself to the expression of which we are seeking the origin. Four times, in the great ordinance of December, 1335, the deputies wrest from the king a promise that in the next assemblies the resolutions shall be taken according to the unanimity of the orders ‘without two estates, if they be of one accord, being able to bind the third.’ At first sight it might be supposed that the deputies of the towns had an understanding to secure themselves from the dangers of common action on the part of the clergy and noblesse, but a more attentive examination made me fly back to a more correct opinion: it is certain that the three orders had combined for mutual protection against an alliance of any two of them. Besides, the States of 1576 saw how the clergy readopted to their profit, against the two laic orders, the proposition voted in 1355. It is beyond a doubt that this doctrine served to keep the majority from oppressing the minority whatever may have been its name. Only, in point of fact, it was most frequently the third estate that must have profited by the regulation.
“In brief, we may, before the fifteenth century, make suppositions, but they are no more than mere conjectures. It was at the great States of Tours, in 1468, that, for the first time, the third order bore the name which has been given to it by history.”
The fact was far before its name. Had the third estate been centred entirely in the communes at strife with their lords, had the fate of burgherdom in France depended on the communal liberties won in that strife, we should see, at the end of the thirteenth century, that element of French society in a state of feebleness and decay. But it was far otherwise. The third estate drew its origin and nourishment from all sorts of sources; and whilst one was within an ace of drying up, the others remained abundant and fruitful. Independently of the commune properly so called and invested with the right of self-government, many towns had privileges, serviceable though limited franchises, and under the administration of the king’s officers they grew in population and wealth. These towns did not share, towards the end of the thirteenth century, in the decay of the once warlike and victorious communes. Local political liberty was to seek in them; the spirit of independence and resistance did not prevail in them; but we see growing up in them another spirit which has played a grand part in French history, a spirit of little or no ambition, of little or no enterprise, timid even and scarcely dreaming of actual resistance, but honorable, inclined to order, persevering, attached to its traditional franchises, and quite able to make them respected, sooner or later. It was especially in the towns administered in the king’s name and by his provosts that there was a development of this spirit, which has long been the predominant characteristic of French burgherdom. It must not be supposed that, in the absence of real communal independence, these towns lacked all internal security. The kingship was ever fearful lest its local officers should render themselves independent, and remembered what had become in the ninth century of the crown’s offices, the duchies and the countships, and of the difficulty it had at that time to recover the scattered remnants of the old imperial authority. And so the Capetian kings with any intelligence, such as Louis VI., Philip Augustus, St. Louis, and Philip the Handsome, were careful to keep a hand over their provosts, sergeants, and officers of all kinds, in order that their power should not grow so great as to become formidable. At this time, besides, Parliament and the whole judicial system was beginning to take form; and many questions relating to the administration of the towns, many disputes between the provosts and burghers, were carried before the Parliament of Paris, and there decided with more independence and equity than they would have been by any other power. A certain measure of impartiality is inherent in judicial power; the habit of delivering judgment according to written texts, of applying laws to facts, produces a natural and almost instinctive respect for old-acquired rights. In Parliament the towns often obtained justice and the maintenance of their franchises against the officers of the king. The collection of kingly ordinances at this time abounds with instances of the kind. These judges, besides, these bailiffs, these provosts, these seneschals, and all these officers of the king or of the great suzerains, formed before long a numerous and powerful class. Now the majority amongst them were burghers, and their number and their power were turned to the advantage of burgherdom, and led day by day to its further extension and importance. Of all the original sources of the third estate, this it is, perhaps, which has contributed most to bring about the social preponderance of that order. Just when burgherdom, but lately formed, was losing in many of the communes a portion of its local liberties, at that same moment it was seizing by the hand of Parliaments, provosts, judges, and administrators of all kinds, a large share of central power. It was through burghers admitted into the king’s service and acting as administrators or judges in his name that communal independence and charters were often attacked and abolished; but at the same time they fortified and elevated burgherdom, they caused it to acquire from day to day more wealth, more credit, more importance and power in the internal and external affairs of the state.
Philip the Handsome, that ambitious and despotic prince, was under no delusion when in 1302, 1308, and 1314, on convoking the first states-general of France, he summoned thither “the deputies of the good towns.” He did not yet give them the name of third estate; but he was perfectly aware that he was thus summoning to his aid against Boniface VIII. and the Templars and the Flemings a class already invested throughout the country with great influence and ready to lend him efficient support. His son, Philip the Long, was under no delusion when in 1317 and 1321 he summoned to the states-general “the commonalties and good towns of the kingdom” to decide upon the interpretation of the Salle law as to the succession to the throne, “or to advise as to the means of establishing a uniformity of coins, weights, and measures;” he was perfectly aware that the authority of burgherdom would be of great assistance to him in the accomplishment of acts so grave. And the three estates played the prelude to the formation, painful and slow as it was, of constitutional monarchy, when, in 1338, under Philip of Valois, they declared, “in presence of the said king, Philip of Valois, who assented thereto, that there should be no power to impose or levy talliage in France if urgent necessity or evident utility did not require it, and then only by grant of the people of the estates.”
In order to properly understand the French third estate and its importance, more is required than to look on at its birth; a glance must be taken at its grand destiny and the results at which it at last arrived. Let us, therefore, anticipate centuries and get a glimpse, now at once, of that upon which the course of events from the fourteenth to the nineteenth century will shed full light.
Taking the history of France in its entirety and under all its phases, the third estate has been the most active and determining element in the process of French civilization. If we follow it in its relation with the general government of the country, we see it at first allied for six centuries to the kingship, struggling without cessation against the feudal aristocracy and giving predominance in place thereof to a single
