The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-DayChamberlain, Alexander Francis
Science
The Child and Childhood in Folk-Thought: Studies of the Activities and Influences of the Child Among Primitive Peoples, Their Analogues and Survivals in the Civilization of To-Day
Chamberlain, Alexander Francis
Child rearing; Children -- Folklore; Folklore and children
The Goths and Burgundians, in their Roman laws, allowed the parent to
dispose of three-fourths, the Visigoths one-third or one-fifth,
according as the testator disposed of his property in favour of a child
or a stranger. The national law of the Burgundians allowed to the father
the absolute disposal of his acquisitions, but prescribed the equal
sharing of the property among all the children. The ripuarian law of the
Franks left the children a reserve of twelve sons, practically admitting
absolute freedom of disposition by will (215. 18). The course of law in
respect to the inheritance of children during the Middle Ages can be
read in the pages of Deneus and the wider comparative aspect of the
subject studied in the volumes of Post, Dargun, Engels, etc., where the
various effects of mother-right and father-right are discussed and
interpreted.
_Subdivisions of Land._
In some cases, as in Wurtemburg, Switzerland, Hanover, Thuringia, Hesse,
certain parts of Sweden, France, and Russia, the subdivision of property
has been carried out to an extent which has produced truly Lilliputian
holdings. In Switzerland there is a certain commune where the custom
obtains of transmitting by will to each child its proportional share of
each parcel; so that a single walnut-tree has no fewer than sixty
proprietors. This reminds us of the Maoris of New Zealand, with whom "a
portion of the ground is allotted to the use of each family, and this
portion is again subdivided into individual parts on the birth of each
child." It is of these same people that the story is told that, after
selling certain of their lands to the English authorities, they came
back in less than a year and demanded payment also for the shares of the
children born since the sale, whose rights they declared had not been
disposed of. On the islands of the Loire there are holdings "so small
that it is impossible to reduce them any less, so their owners have them
each in turn a year"; in the commune of Murs, in Anjou, there is "a
strip of nine hectares, subdivided into no fewer than thirty-one
separate parcels." The limit, however, seems to be reached in Laon,
where "it is not rare to find fields scarce a metre (3 ft. 3.37 in.)
wide; here an apple-tree or a walnut-tree covers with its branches four
or five lots, and the proprietor can only take in his crop in the
presence of his neighbours, to whom he has also to leave one-half of the
fruit fallen on their lots." No wonder many disputes and lawsuits arise
from such a state of affairs. It puts us in mind at once of the story of
the sand-pile and the McDonogh farm. The exchange or purchase of
contiguous parcels sometimes brings temporary or permanent relief (215.
112, 113).
The following figures show the extent to which this Lilliputian system
obtained in France in 1884, according to the returns of the Minister of
Finance:--
Public-domain text, read in full here on John Shaqi.
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