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V. Minor Administrative Details (Omitted)
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CHAPTER IV THE REFORMATION OF THE THIRD ORDER OF THE REALM m For the purpose of covering the Third Order of the Realm methodically and to present clearly what it is necessary to do to keep it in the condition in which it ought to be, I will divide the subject into three parts. The first will deal with the bOOy of judicial officers; the second , with those in charge of finances; the third, with the common people, who bear the full expenses of the state. The Judiciary It is much easier to recognize the faults of the judicial system than to prescribe the remedies. There is no one unaware of the fact that those officers whose positions have been established to weigh all things evenly have themselves so heavily loaded one side of the scales to their private advantage that no balancing is now possible. 28 REFORMATION OF The view of the vast majority of people is that the sovereign remedy consists in the suppression of the sale and heritability of offices, and the awarding of them without charge to persons of an ability and probity so well known that their merit can never be questioned by even the most envious. But, since this is not something which can now be inaugurated and would be difficult to introduce at any time, it woul4 be useless to propose means aimed at its accomplishment. In any event, although it is almost always dangerous to be dogmatic in giving one's advice, I must say emphatically that in the present state of affairs, as well as in what seems likely to be the situation in the future, it is better, to my way of thinking, to continue the sale and heritability of offices than to alter radically the whole establishment. There is no question but that the suppression of the sale and heritability of offices would conform with both reason and all concepts of good government, but the inevitable abuses which would result from the distribution of appointments on the simple basis of the king's wishes and consequently on the favor or cunning of those most influential with him, makes the present system more tolerable than the appointive one which formerly prevailed [44.204.34.64] Project MUSE (2024-03-28 10:02 GMT) THE THIRD ORDER and whose inconveniences would be as evident now as they were then. If you show favor to those officers of justice whose reputation is good, if you frown upon those who, destitute of merit, have only the money necessary to qualify for the judiciary, if you deny your approbation entirely to and properly punish those who, abusing their power, sell justice to the prejudice of your subjects, you will be doing absolutely all that can be done of a practical nature for the reformation of this body. Just as in the case of the ecclesiastical order, everything depends more on those who administer itthan upon the laws and regulations , which will remain useless if those responsible for their execution do not have the necessary good intentions . Finance Officers The financiers and tax farmers compose a group apart, prejudicial to the best interests of the state, but neverthe~ less indispensable.5 Their public employ is an unavoidable evil, and it is imperative that their activities be con5 Much of the revenue of the kingdom was derived from indirect taxes collected by bankers known as tax farmers. These taxes were let by contract, the bankers making a profit from the collecting service. In addition, the government frequently borrowed money by one device or another, again to the profit of the bankers. 30 REFORMATION OF fined to the barest minimum. Their excesses and the corruption which has arisen among them have grown to the point where they can no longer be suffered; they cannot aggrandize themselves further without ruining the state, or for that matter, without ruining themselves, for they have provided enough evidence to justify the confiscation of the excessive wealth they have amassed in a short time. This can be easily verified by comparing what they possessed at the beginning of their operations with what they will be found to have since acquired. I well know that such a procedure can be subject to great misinterpretations and that it can serve as a pretext for unjust actions, and I have not touched upon this point in passing with the idea of advising the practice of something so drastic. But I maintain that no one could...