It is not my intention minutely to investigate in this place how public business was carried on in each of the provinces called Pays d’états, which were still in existence at the outbreak of the Revolution. I wish only to indicate the number of them; to point out those in which local life was still most active; to show what were the relations of these provinces with the administration of the Crown; how far they formed an exception to the general rules I have previously1 established; how far they fell within those rules; and lastly, to show by the example of one of these provinces what they might all have easily become.
Estates had existed in most of the provinces of France—that is, each of them had been administered under the King’s government by the gens des trois états, as they were then called, which meant the representatives of the Clergy2, the Nobility, and the Commons. This provincial3 constitution, like most of the other political institutions of the Middle Ages, occurred, with the same features, in almost all the civilised parts of Europe—in all those parts, at least, into which Germanic manners and ideas had penetrated5. In many of the provinces of Germany these States subsisted6 down to the French Revolution; in those provinces in which they had been previously destroyed they had only disappeared in the course of the seventeenth and eighteenth centuries. Everywhere, for two hundred years, the sovereigns had carried on a clandestine8 or an open warfare9 against them. Nowhere had they attempted to improve this institution with the progress of time, but only to destroy and deform10 it whenever an opportunity presented itself and when they could not do worse.
In France, in 1789, these States only existed in five provinces of a certain extent and in some insignificant11 districts. Provincial liberty could, in truth, only be said to exist in two provinces—in Brittany and in Languedoc: everywhere else the institution had entirely12 lost its virility13, and was reduced to a mere14 shadow.
[183]
I shall take the case of Languedoc separately, and devote to it in this place a closer examination.
Languedoc was the most extensive and the most populous15 of all the pays d’états. It contained more than two thousand parishes, or, as they were then called, ‘communities,’ and nearly two millions of inhabitants. It was, besides, the best ordered and the most prosperous of all these provinces as well as the largest. Languedoc is, therefore, the fairest specimen16 of what provincial liberty might be under the old French monarchy17, and to what an extent, even in the districts where it appeared strongest, it had been subjected to the power of the Crown.
In Languedoc the Estates could only assemble upon the express order of the King, and under a writ18 of summons addressed by the King individually every year to the members of whom they were composed, which caused one of the malcontents of the time to say, ‘Of the three bodies composing our Estates, one—that of the clergy—sits at the nomination19 of the King, since he names to the bishoprics and benefices; and the two others may be supposed to be so, since an order of the Court may prevent any member it pleases from attending the Assembly, and this without exiling or prosecuting20 him, by merely not summoning him.’
The Estates were not only to meet, but to be prorogued21 on certain days appointed by the King. The customary duration of their session had been fixed22 at forty days by an Order in Council. The King was represented in the Assembly by commissioners23, who had always free access when they required it, and whose business it was to explain the will of the Government. The Assembly was, moreover, strictly24 held in restraint. They could take no resolution of any importance, they could determine on no financial measure at all, until their deliberations had been approved by an Order in Council; for a tax, a loan, or a suit at law they require the express permission of the King. All their standing25 orders, down to that which related to the order of their meetings, had to be authorised before they became operative. The aggregate26 of their receipts and expenditure27—their budget, as it would now be called—was subjected every year to the same control.
The Central Power, moreover, exercised in Languedoc the same political rights which were everywhere else acknowledged to belong to it. The laws which the Crown was pleased to promulgate28, the general ordinances29 it was continually passing, the general measures of its policy, were applicable there as well as in the rest of the kingdom. The Crown exercised there all the natural functions of government; it had there the same police and the same agents;[184] there, as well as everywhere else, it created numerous new public officers, whose places the province was compelled to buy up at a large price.
Languedoc was governed, like the other provinces of France, by an Intendant. This Intendant had, in each district, his Sub-delegates, who corresponded with the heads of the parishes and directed them. The Intendant exercised the tutelage of the administration as completely as in the pays d’élection. The humblest village in the gorges30 of the Cevennes was precluded31 from making the smallest outlay32 until it had been authorised by an Order of the King’s Council from Paris. That part of the judicial33 administration which is now denominated in France the contentieux administratif, or the litigated questions referred to the Council of State, was not only not less, but more comprehensive than in the remainder of France. The Intendant decided34, in the first instance, all questions relating to the public ways; he judged all suits relating to roads; and, in general, he pronounced on all the matters in which the Government was, or conceived itself to be, interested. The Government extended the same protection as elsewhere to all its agents against the rash prosecutions35 of the citizens whom they might have oppressed.
What then did Languedoc possess which distinguished36 it from the other provinces of the kingdom, and which caused them to envy its institutions? Three things sufficed to render it entirely different from the rest of France.
I. An Assembly, composed of men of station, looked up to by the population, respected by the Crown, to which no officer of the Central Power, or, to use the phraseology then in use, ‘no officer of the King,’ could belong, and in which, every year, the special interests of the province were freely and gravely discussed. The mere fact that the royal administration was placed near this source of light caused its privileges to be very differently exercised; and though its agents and its instincts were the same, its results in no degree resembled what they were elsewhere.
II. In Languedoc many public works were executed at the expense of the King and his agents. There were other public works, for which the Central Government provided the funds and partly directed the execution, but the greater part of them were executed at the expense of the province alone. When the King had approved the plan and authorised the estimates for these last-mentioned works, they were executed by officers chosen by the Estates, and under the inspection37 of commissioners taken from this Assembly.
III. Lastly, the province had the right of levying39 itself, and[185] in the manner it preferred, a part of the royal taxes and all the rates which were imposed by its own authority for its own wants.
Let us see the results which Languedoc continued to extract from these privileges: they deserve a minute attention.
Nothing is more striking in the other parts of France—the pays d’élection—than the almost complete absence of local charges. The general imposts were frequently oppressive, but a province spent nothing on itself. In Languedoc, on the contrary, the annual expenditure of the province on public works was enormous; in 1780 it exceeded two millions of livres.
The Central Government was sometimes alarmed at witnessing so vast an outlay. It feared that the province, exhausted40 by such an effort, would be unable to acquit41 the share of the taxes due to the State; it blamed the Estates for not moderating this expenditure. I have read a document, framed by the Assembly, in answer to these animadversions: the passages I am about to transcribe42 from it will depict43, better than all I could say, the spirit which animated44 this small Government.
It is admitted in this statement that the province has commenced and is still carrying on immense public works; but, far from offering any apology for this proceeding45, it is added that, saving the opposition46 of the Crown, these works will be still further extended and persevered47 in. The province had already improved or rectified48 the channel of the principal rivers within its territory, and it was then engaged in adding to the Canal of Burgundy, dug under Louis XIV., but already insufficient49, a prolongation which, passing through Lower Languedoc, should proceed by Cette and Agen to the Rhone. The port of Cette had been opened to trade, and was maintained at great cost. All these expenses had, as was observed, a national rather than a provincial character; yet the province, as the party chiefly interested, had taken them on itself. It was also engaged in draining and restoring to agriculture the marshes50 of Aigues-Mortes. Roads had been the object of its peculiar51 care: all those which connect the province with the rest of the kingdom had been opened or put in good order; even the cross-roads between the towns and villages of Languedoc had been repaired. All these different roads were excellent even in winter, and formed the greatest contrast with the hard, uneven52, and ill-constructed roads which were to be found in most of the adjacent provinces, such as Dauphiny, Quercy, and the government of Bordeaux—all pays d’élection, it was remarked. On this point the Report appeals to the opinion of travellers and traders; and this[186] appeal was just, for Arthur Young, when he visited the country ten years afterwards, put on his notes, ‘Languedoc, pays d’états: good roads, made without compulsory53 labour.’
‘If the King would allow it,’ this Report continued, ‘the States will do more: they will undertake the improvement of the crossroads in the villages, which are not less interesting than the others. For if produce cannot be removed from the barns of the grower to market, what use is it that it can be sent to a distance?’ ‘The doctrine54 of the States on questions of public works has always been,’ they say, ‘that it is not the grandeur55 of these undertakings56 but their utility that must be looked to.’ Rivers, canals, roads which give value to all the produce of the soil and of manufactures, by enabling them to be conveyed at all times and at little cost wherever they are wanted, and by means of which commerce can penetrate4 to every part of the province—these are things which enrich a country, whatever they may cost it. Besides, works of this nature, undertaken in moderation at the same time, in various parts of the country, and somewhat equally distributed, keep up the rate of wages, and stand in lieu of relief to the poor. ‘The King has not needed to establish charitable workhouses at his cost in Languedoc, as has been done in other parts of France,’ said the province, with honest pride; ‘we do not ask for that favour; the useful works we ourselves carry on every year supersede57 such establishments, and give to all our people productive labour.’
The more I have studied the general regulations established by the States of Languedoc, with the permission of the King (though generally not originating with the Crown), in that portion of the public administration which was left in their hands, the more I have been struck with the wisdom, the equity58, and the moderation they display; the more superior do the proceedings59 of the local government appear in comparison with all I have found in the districts administered by the King alone.
The province was divided into ‘communities’ (towns or villages); into administrative60 districts, called dioceses; and, lastly, into three great departments called stewardries. Each of these parts had a distinct representation, and a little separate government of its own, which acted under the guidance either of the Estates or of the Crown. If it be a question of public works which interest one of these small political bodies, they are only to be undertaken at the request of the interested parties. If the improvements of a community are of advantage to the diocese, the diocese contributed to the expense in a certain proportion. If the stewardry was interested, the stewardry contributed likewise. So[187] again these several divisions were all to assist the townships, even for the completion of undertakings of local interest, if they were necessary and above its strength, for, said the States frequently, ‘the fundamental principle of our constitution is that all parts of Languedoc are reciprocally bound together, and ought successively to help each other.’
The works executed by the province were to be carefully prepared beforehand, and first submitted to the examination of the lesser61 bodies which were to contribute to them. They were all paid for: forced labour was unknown. I have observed that in the other parts of France—the pays d’élection—the land taken from its owners for public works was always ill and tardily62 paid for, and often not paid for at all. This was one of the great grievances63 complained of by the Provincial Assemblies when they were convoked64 in 1787. In some cases the possibility of liquidating65 debts of this nature had been taken away, for the object taken had been altered or destroyed before the valuation. In Languedoc every inch of ground taken from its owner was to be carefully valued before the works were begun, and paid for in the first year of the execution.
The regulations of these Estates relating to different public works, from which these details are copied, seemed so well conceived that even the Central Government admired, though without imitating them. The King’s Council, after having sanctioned the application of them, caused them to be printed at the Royal press, and to be transmitted to all the Intendants of France as a document to be consulted.
What I have said of public works is à fortiori applicable to that other not less important portion of the provincial administration which related to the levy38 of taxes. In this respect, more particularly, the contrast was so great between the kingdom and the provinces that it is difficult to believe they formed part of the same empire.
I have had occasion to say elsewhere that the methods of proceeding used in Languedoc for the assessment66 and collection of the taille were in part the same as are now employed in France in the levy of the public taxes. Nor shall I here revert67 to this subject, merely adding that the province was so attached to its own superior methods of proceeding, that when new taxes were imposed by the Crown, the States of Languedoc never hesitated to purchase at a very high price the right of levying them in their own manner and by their own agents exclusively.
In spite of all the expenses which I have successively[188] enumerated68, the finances of Languedoc were nevertheless in such good order, and its credit so well established, that the Central Government often had recourse to it, and borrowed, in the name of the province, sums of money which would not have been lent on such favourable69 terms to the Government itself. Thus Languedoc borrowed, on its own security, but for the King’s service, in the later years of the monarchy, 73,200,000 livres, or nearly three millions sterling70.
The Government and the Ministers of the Crown looked, however, with an unfavourable eye on these provincial liberties. Richelieu had first mutilated and afterwards abolished them. The spiritless and indolent Louis XIII., who loved nothing, detested71 them; the horror he felt for all provincial privileges was such, said Boulainvilliers, that his anger was excited by the mere name of them. It is hard to sound the hatred72 of feeble souls for whatever compels them to exert themselves. All that they retain of manhood is turned in that direction, and they exhibit strength in their animosity, however weak they may be in everything else. Fortunately the ancient constitution of Languedoc was restored under the minority of Louis XIV., who consequently respected it as his own work. Louis XV. suspended it for a couple of years, but afterwards allowed it to go on.
The creation of municipal offices for sale exposed the constitution of the province to dangers less direct, but not less formidable. That pernicious institution not only destroyed the constitution of the towns; it tended to vitiate that of the provinces. I know not whether the deputies of the commons in the Provincial Assemblies had ever been elected ad hoc, but at any rate they had long ceased to be so; the municipal officers of the towns were ex officio the sole representatives of the burgesses and the people in those bodies.
This absence of a direct constituency acting73 with reference to the affairs of the day was but little remarked as long as the towns freely elected their own magistrates74 by universal suffrage76, and generally for a very limited period. Thus the mayor, the council, or the syndic represented the wishes of the population in the Hall of the Estates as faithfully as if they had been elected by their fellow-citizens for that purpose. But very different was the case with a civic77 officer who had purchased for money the right of governing. Such an officer represented no one but himself, or, at best, the petty interests or the petty passions of his own coterie78. Yet this magistrate75 by contract retained the powers which had been exercised by his elected predecessors79. The character of the[189] institution was, therefore, immediately changed. The nobles and the clergy, instead of having the representatives of the people sitting with them or opposite to them in the Provincial Assembly, met there none but a few isolated80, timid, and powerless burgesses, and thus the commons occupied a more subordinate place in the government at the very time when they were every day becoming richer and stronger in society. This was not the case in Languedoc, the province having always taken care to buy up these offices as fast as they were established by the Crown. The loan contracted by the States for this purpose, in the year 1773 only, amounted to more than four millions of livres.
Other causes of still greater power had contributed to infuse a new spirit into these ancient institutions, and to give to the States of Languedoc an incontestable superiority over those of all the other provinces.
In this province, as in a great portion of the south of France, the taille was real and not personal—that is to say, it was regulated by the value of property, and not by the personal condition of the proprietor81. Some lands had, no doubt, the privilege of not paying this tax: these lands had, in former times, belonged to the nobility, but, by the progress of time and of capital, it had happened that a portion of this property had fallen into the hands of non-noble holders82. On the other hand, the nobles had become the holders of many lands which were liable to the taille. The privilege of exemption83, being thus removed from persons to things, was doubtless more abused; but it was less felt, because, though still irksome, it was no longer humiliating. Not being indissolubly connected with the idea of a class, not investing any class with interests altogether alien and opposed to those of the other classes, such a privilege no longer opposed a barrier to the co-operation of all in public affairs. In Languedoc especially, more than in any other part of France, all classes did so co-operate, and this on a footing of complete equality.
In Brittany the landed gentry84 of the province had the right of all appearing in their own persons at the States, which made these Assemblies in some sort resemble the Polish Diets. In Languedoc the nobles only figured at the States of the province by their representatives: twenty-three of them sat for the whole body. The clergy also sat in the person of the twenty-three bishops85 of the province, and it deserves especial observation that the towns had as many votes as the two upper orders.
As the Assembly sat in one house and the orders did not vote separately, but conjointly, the commons naturally acquired much[190] importance, and their spirit gradually infused itself into the whole body. Nay86, more, the three magistrates, who, under the name of Syndics-General, were charged, in the name of the States, with the ordinary management of the business, were almost always lawyers,—that is to say, commoners. The nobility was strong enough to maintain its rank, but no longer strong enough to reign7 alone. The clergy, though consisting to a great extent of men of gentle birth, lived on excellent terms with the commons; they eagerly adopted most of the plans of that Order, and laboured in conjunction with it to increase the material prosperity of the whole community, by encouraging trade and manufactures, thus placing their own great knowledge of mankind and their singular dexterity87 in the conduct of affairs at the service of the people. A priest was almost always chosen to proceed to Versailles to discuss with the Ministers of the Crown the questions which sometimes set at variance88 the royal authority and that of the States. It might be said that throughout the last century Languedoc was administered by the Commons, who were controlled by the Nobles and assisted by the Bishops.
Thanks to this peculiar constitution of Languedoc, the spirit of the age was enabled peacefully to pervade89 this ancient institution, and to modify it altogether without at all destroying it.
It might have been so everywhere else in France. A small portion of the perseverance90 and the exertions91 which the sovereigns of France employed for the abolition92 or the dislocation of the Provincial Estates would have sufficed to perfect them in this manner, and to adapt them to all the wants of modern civilisation93, if those sovereigns had ever had any other aim than to become and to remain the masters of France.
[The chapters which follow were not included in the work first published by M. de Tocqueville in 1855. They are the continuation of it, left unfinished at the time of his death in 1859, and published in 1865 by M. de Beaumont amongst the posthumous94 works of his friend. They are now translated for the first time. Although they must be regarded as incomplete, since they never received the final revision of the author, and the latter portions of them are fragmentary, yet they are not, I think, unworthy to form part of the work to which they were intended to belong, and a melancholy95 interest attaches to them as the last meditations96 of a great and original thinker. In the French text an attempt has been made to distinguish, by a different type, the passages which are more carefully finished from those which consisted merely of notes for further elaboration. But as this arrangement breaks the uniformity of the text more than is necessary, I have not adopted it.—H. R.]
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previously
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| adv.以前，先前（地） | |
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clergy
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| n.[总称]牧师，神职人员 | |
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provincial
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| adj.省的，地方的；n．外省人，乡下人 | |
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penetrate
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| v.透(渗)入；刺入，刺穿；洞察，了解 | |
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penetrated
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| adj. 击穿的，鞭辟入里的 动词penetrate的过去式和过去分词形式 | |
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subsisted
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| v.（靠很少的钱或食物）维持生活，生存下去( subsist的过去式和过去分词 ) | |
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reign
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| n.统治时期，统治，支配，盛行；v.占优势 | |
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clandestine
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| adj.秘密的，暗中从事的 | |
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warfare
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| n.战争(状态)；斗争；冲突 | |
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deform
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| vt.损坏…的形状；使变形，使变丑；vi.变形 | |
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insignificant
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| adj.无关紧要的，可忽略的，无意义的 | |
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entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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virility
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| n.雄劲，丈夫气 | |
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mere
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| adj.纯粹的；仅仅，只不过 | |
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populous
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| adj.人口稠密的，人口众多的 | |
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specimen
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| n.样本，标本 | |
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monarchy
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writ
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| n.命令状，书面命令 | |
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nomination
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| n.提名，任命，提名权 | |
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prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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prorogued
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fixed
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| adj.固定的，不变的，准备好的；(计算机)固定的 | |
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commissioners
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| n.专员( commissioner的名词复数 )；长官；委员；政府部门的长官 | |
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strictly
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| adv.严厉地，严格地；严密地 | |
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standing
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aggregate
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expenditure
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promulgate
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ordinances
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gorges
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precluded
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| v.阻止( preclude的过去式和过去分词 )；排除；妨碍；使…行不通 | |
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outlay
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| n.费用，经费，支出；v.花费 | |
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judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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prosecutions
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| 起诉( prosecution的名词复数 )； 原告； 实施； 从事 | |
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distinguished
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| adj.卓越的，杰出的，著名的 | |
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inspection
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| n.检查，审查，检阅 | |
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levy
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| n.征收税或其他款项，征收额 | |
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levying
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| 征（兵）( levy的现在分词 )； 索取； 发动（战争）； 征税 | |
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exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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acquit
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| vt.宣判无罪；(oneself)使(自己)表现出 | |
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transcribe
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| v.抄写，誉写；改编(乐曲)；复制，转录 | |
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depict
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| vt.描画，描绘；描写，描述 | |
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animated
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| adj.生气勃勃的，活跃的，愉快的 | |
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proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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opposition
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| n.反对，敌对 | |
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persevered
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| v.坚忍，坚持( persevere的过去式和过去分词 ) | |
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rectified
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| [医]矫正的，调整的 | |
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insufficient
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| adj.(for，of)不足的，不够的 | |
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marshes
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| n.沼泽，湿地( marsh的名词复数 ) | |
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peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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uneven
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| adj.不平坦的，不规则的，不均匀的 | |
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compulsory
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| n.强制的，必修的；规定的，义务的 | |
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doctrine
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| n.教义；主义；学说 | |
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grandeur
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| n.伟大，崇高，宏伟，庄严，豪华 | |
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undertakings
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| 企业( undertaking的名词复数 )； 保证； 殡仪业； 任务 | |
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supersede
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| v.替代；充任 | |
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equity
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| n.公正，公平，（无固定利息的）股票 | |
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proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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administrative
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| adj.行政的，管理的 | |
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lesser
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| adj.次要的，较小的；adv.较小地，较少地 | |
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tardily
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| adv.缓慢 | |
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grievances
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| n.委屈( grievance的名词复数 )；苦衷；不满；牢骚 | |
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convoked
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| v.召集，召开（会议）( convoke的过去式和过去分词 ) | |
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liquidating
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| v.清算( liquidate的现在分词 )；清除（某人）；清偿；变卖 | |
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assessment
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| n.评价；评估；对财产的估价，被估定的金额 | |
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revert
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| v.恢复，复归，回到 | |
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enumerated
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| v.列举，枚举，数( enumerate的过去式和过去分词 ) | |
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favourable
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| adj.赞成的，称赞的，有利的，良好的，顺利的 | |
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sterling
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| adj.英币的(纯粹的，货真价实的)；n.英国货币(英镑) | |
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detested
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| v.憎恶，嫌恶，痛恨( detest的过去式和过去分词 ) | |
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hatred
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| n.憎恶，憎恨，仇恨 | |
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acting
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| n.演戏，行为，假装；adj.代理的，临时的，演出用的 | |
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magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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magistrate
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| n.地方行政官，地方法官，治安官 | |
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suffrage
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| n.投票，选举权，参政权 | |
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civic
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| adj.城市的，都市的，市民的，公民的 | |
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coterie
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| n.(有共同兴趣的)小团体，小圈子 | |
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predecessors
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| n.前任( predecessor的名词复数 )；前辈；（被取代的）原有事物；前身 | |
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isolated
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| adj.与世隔绝的 | |
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proprietor
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| n.所有人；业主；经营者 | |
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holders
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| 支持物( holder的名词复数 )； 持有者； （支票等）持有人； 支托（或握持）…之物 | |
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exemption
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| n.豁免，免税额，免除 | |
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gentry
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| n.绅士阶级，上层阶级 | |
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bishops
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| （基督教某些教派管辖大教区的）主教( bishop的名词复数 )； （国际象棋的）象 | |
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nay
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| adv.不；n.反对票，投反对票者 | |
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dexterity
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| n.(手的)灵巧，灵活 | |
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variance
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| n.矛盾，不同 | |
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pervade
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| v.弥漫，遍及，充满，渗透，漫延 | |
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perseverance
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| n.坚持不懈，不屈不挠 | |
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exertions
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| n.努力( exertion的名词复数 )；费力；（能力、权力等的）运用；行使 | |
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abolition
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| n.废除，取消 | |
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civilisation
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| n.文明，文化，开化，教化 | |
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posthumous
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| adj.遗腹的；父亡后出生的；死后的，身后的 | |
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melancholy
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| n.忧郁，愁思；adj.令人感伤（沮丧）的，忧郁的 | |
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meditations
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| 默想( meditation的名词复数 )； 默念； 沉思； 冥想 | |
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