It is necessary at the outset to lay stress on the fact that there is no evidence, so far as I am aware, of the former existence, in Weihaiwei or elsewhere in China, of agrarian communism. A village community may indeed possess a common tract of pasture-land, or common pasture or "fuel" rights over private hill-lands at certain seasons of the year,[83] or some arable fields may under certain conditions be cultivated by different persons or different families in turn: but if we were to assume from this that all arable land was once owned in common and that individual or family proprietorship has only gradually superseded an old communistic system, we should be entirely wrong. Students of the laws and customs relating to land must be careful, as Fustel de Coulanges has clearly warned them, "not to confuse agrarian communism with family ownership, which may in time become village ownership without ceasing to be a real proprietorship."[84] In China all land theoretically belongs to the Emperor and the land-tax paid by cultivators may be regarded, from one point of view, as rent payable by tenant to proprietor. The Emperor is the Son of Heaven (T'ien Tzŭ) and owns the whole Empire (literally "what is under Heaven"--_T'ien hsia_): _a fortiori_ he is owner of every separate patch of tilled land that the Empire contains. But for the people of China the ultimate rights of the Emperor are a matter of legal theory only. In practice, land is privately owned in China just as it is privately owned in England; but whereas in England a land-owner may (if his land is not "tied up") exercise all the rights of absolute ownership quite regardless of the wishes of his nearest relations, not to mention his distant cousins, in China the individual land-owner cannot disregard the inextinguishable rights of his family.[85]