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
it will not be necessary to say so; but if it is not the custom, he
will say so. His absolute silence on this point is a proof that the
Gauls did not sensibly differ from the Italians in the matter; his
silence implies that they were not ignorant of private property. We
must remember that the entire absence of private property would have
appeared so strange to a Roman that it could not have escaped Cæsar’s
notice. He observed it in Germany where he passed only eighteen days;
he would certainly have discovered it in Gaul where he passed eight
summers. If he does not mention community in land, it is obviously
because it did not exist.
But we have evidence even more convincing. Going on to speak of the
Germans, he remarks that he will explain “in what they differ from
the Gauls, _quo differant hae nationes inter sese_” (vi., 11); and
further on: “The Germans differ much from this manner of life of the
Gauls, _Germani multum ab hac consuetudine differunt_.” He then draws
the following contrast between the two nations: 1, the Germans have
no Druids; 2, the Germans have not the same gods as the Gauls; 3, and
lastly, the Germans have not private property. Is not this remark as
to the difference between the two nations almost the same thing as if
Cæsar had said that the Gauls recognised private property and held
their land in individual ownership?
This is not all. Cæsar uses an expression in which he indirectly and
almost unconsciously bears witness to the existence of property in land
amongst the Gauls. In Book VI., Chapter 13, he says that the Druids act
as judges in almost all suits, criminal as well as civil.[243] He then
gives a list of the disputes brought before them, and amongst criminal
offences he instances murder; amongst civil suits he mentions “those
concerning inheritance or boundaries,” _si de hereditate, si de finibus
controversia est_. If there were in Gaul suits concerning inheritance
or boundaries, it must have meant that the Gauls had a system of
inheritance and made use of boundaries; _i.e._, that land was private
and hereditary property. Cæsar says elsewhere that the Germans have no
_fines_; he says here that the Gauls have them.
We cannot say whether the institution of private property in Gaul was
exactly similar to that of private property in Rome; whether it had the
same legal guarantees; whether its boundaries had the same inviolable
character. We do not even know if property still belonged to the
family or was already in the hands of individual owners. Cæsar only
tells us one thing, and that is, that it existed; for “inheritance and
boundaries” are unmistakable signs of private ownership, and as clearly
disprove a system of corporate land-holding.[244]
Public-domain text, read in full here on John Shaqi.
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