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
This is the conclusion to which we are brought by a simple and unbiased
perusal of Cæsar’s account. But preconceptions have great force; and
if a writer starts with the idea that community in land was once
universal, the result will be that, in the face of all evidence, and
yet in perfect good faith, he will think he finds it amongst the Gauls.
One of the first scholars of the day, M. d’Arbois de Jubainville, whose
works on the Middle Ages and on Irish literature have been so highly
appreciated, thinks that the Gauls of the time of Cæsar were not far
enough advanced in civilisation to hold private property; and setting
out with this idea, the offspring of imagination, he supposes that
he can see evidence of undivided tenure. The fact that Cæsar never
mentions this troubles him very little. That Cæsar does mention, as
a point of difference between the Germans and Gauls, that the former
do not hold private property, he omits to notice. And lastly, when
Cæsar refers in so many words to inheritance and boundaries amongst
the Gauls, he disposes of this somewhat embarrassing statement by
interpreting it in a most unexpected fashion.
In his opinion, when Cæsar mentions suits concerning inheritance, _de
hereditate_, it is impossible that the inheritances of private persons
should be in question, as the custom of inheritance did not exist.
Then what was the inheritance referred to by Cæsar? According to M. de
Jubainville, he was speaking of succession to the crown. Sovereignty
existed; the sons of kings wished to succeed their fathers; and if
a dispute arose, the Druids acted as judges. M. de Jubainville has
omitted to notice that Cæsar gives at least ten instances of sons
who wished to be kings like their fathers; and that in not one of
these instances was the dispute carried before the Druids. It is a
grave error to suppose that the Druids were accustomed to meddle in
affairs of State; we have not a single example of their doing so. And
yet M. de Jubainville maintains that in Cæsar _de hereditate_ means
the succession to the throne; and for this he gives the following
reason,--that in another book, speaking of the Egyptians, Cæsar uses
the expression _hereditas regni_.[245] The argument is a strange one. I
reply that if Cæsar elsewhere wrote _hereditas regni_, it was because
the word _hereditas_ could not, when used alone, bear the meaning of
the inheritance of sovereignty. It is quite certain that if Cæsar had
meant to say that the Gauls brought before the Druids their disputes
as to succession to the crown, he would have said _de hereditate
regnum_.
Public-domain text, read in full here on John Shaqi.
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