The Origin of Property in Land: With an introductory chapter on the English manor by W. J. AshleyFustel de Coulanges
History
The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley
Fustel de Coulanges
Land tenure -- Law and legislation -- History; Manors -- Great Britain; Real property -- History
We see from this that the Scotch or English township is not a community
which owns its own land; it is the property of an individual owner,
and the only thing about it which is collective is the cultivation.
The township is really a private estate; and the group of peasants
who till it in common are the tenants. Ownership and tenancy are two
distinct things, which must not be confused. To be owners in common is
very different from being tenants in common under a landlord. We find
in France also, throughout the Middle Ages, instances of tenancies in
common; and I know that there are writers who are quick to identify
them with ownership in common.[242] But this is a mistake which no
one can make who has any accuracy of thought; for it is quite evident
that whilst the land was cultivated by a common group of peasants, it
belonged to a lord who stood above them. The Scotch township has no
connection whatever with an ancient system of community in land.
M. de Laveleye puts forward an hypothesis; he supposes that there
was an earlier period in which the township belonged to the peasants
themselves, and the lord, whom we find in later times, did not exist.
But this is a mere hypothesis unsupported by a single document or a
single fact. He goes further and maintains that this system of village
communities was in force throughout the whole of England in the Saxon
period. But there is no evidence for this in the Anglo-Saxon laws;
they give not the slightest indication of it. The _tuncipesmot_ is not
community in land; nor is the _folcland_. We must never lose sight of
the fact that history is based upon documents, and not upon hypotheses
or flights of the imagination. When M. de Laveleye says that “the
English manor has destroyed the old village community,” he makes an
entirely hypothetical generalisation. To imagine the manorial lord
of the Middle Ages as a warrior who has forcibly set himself over
a community of free men, is to show that one knows nothing of the
documents from the fifth to the tenth centuries, and that one has an
altogether childish idea of the origin of feudalism.
To come back to the comparative method. I believe that it is infinitely
fruitful; but only on condition that the facts which are compared have
a real resemblance to one another, and that things which are widely
different are not confused. When you bring together the Scotch township
which is nothing more than an association of tenants, the Russian
_mir_ which seems to have long been only an association of serfs, the
Servian village which, on the other hand, is a household community, and
the _allmend_ or commons which are a consequence and accompaniment of
private property, you confuse things which are absolutely different,
and which, moreover, are very far removed from the system of community
in land that you are anxious to prove.
Public-domain text, read in full here on John Shaqi.
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