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
[238] In the same way he cites Ælian, V. 9, as saying that the
inhabitants of Locri and Rhegium cultivated the land in common. What
Ælian says is that “the cities of Locri and Rhegium have made a
treaty which permits the inhabitants of the one town to settle on the
territory of the other.” Of common cultivation there is not a word.
These authorities are given in the article by M. de Laveleye, in _Revue
de Belgique_, 1886, pp. 9 _et seq._ of the reprint.
[239] _De la propriété et de ses formes primitives_, p. 201.
[240] _La propriété collective du sol_, in the _Revue de Belgique_,
1886. He repeats the argument in the _Revue socialiste_, 1888, p. 452,
and in the _Revue d’économie politique_, July, 1888.
[241] Isaac Taylor, in the _Contemporary Review_, Dec., 1886, referred
to by M. de Laveleye.
[242] _E.g._, M. P. Viollet in all the latter part of the article
already referred to.
V.
_On community of land amongst the Gauls._
It would be indeed surprising had the supporters of this theory not
applied it to the ancient Gauls. So little is known about them, that it
is very tempting and not very difficult to introduce community in land
into their history.
One single fact, however, ought to stand in the way; it is that
Cæsar, whose book is the only authority which has historical value,
nowhere tells us that land was common amongst the Gauls. His silence
on this point is not a thing which can be passed over. It is, indeed,
in the eyes of every one accustomed to historical research, a very
significant fact. It is true that Cæsar does not expressly state that
private property was the custom amongst the Gauls. For a writer who
is only speaking in passing of Gallic institutions, to omit to call
attention to a law of property which was in conformity with what he was
accustomed to, is not the same thing as to omit to mention a communism
which would be the opposite of what he was accustomed to, and which
would strike him by its very strangeness. It must be noticed that
Cæsar is not describing the entire social condition of the Gauls; he
contents himself with mentioning those customs which have struck him
as being very different from those he saw in Italy. We have only to
read the ten paragraphs which he devotes to this subject, to recognise
this. After describing in three paragraphs what was peculiar in their
political organisation, and in three more what was peculiar in their
religion, he passes on to what was peculiar in their private life,
and he begins as follows--“As to the institutions of private life,
the following are those wherein they differ from other nations.” By
“other nations” Cæsar clearly means the nations that he knew that is,
primarily, the Italians and Greeks. This opening sentence makes it
plain that Cæsar intended only to tell us of characteristics which
were peculiar to the Gauls. He is going to mention differences, not
resemblances. If private property is the custom there as it is in Rome,
Public-domain text, read in full here on John Shaqi.
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