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
With regard to the expression, _de finibus_, M. de Jubainville will
have it mean “frontiers between nations.” In this he is doubly wrong,
both historically and philologically. To begin with the historical
error, Cæsar tells us of numerous quarrels amongst Gallic tribes; and
these quarrels are never carried before the Druids. Are we to think
that Cæsar said that the Druids settled disputes about frontiers,
when he knew perfectly well that Druids did not decide them? It
is absolutely incorrect to say that the Druids had the right of
judging between tribes.[246] Moreover, when Cæsar enumerates the
principal matters which had to be tried, he mentions murder as well as
inheritance and boundaries; and it is impossible to doubt that he is
thinking of the murder of a single person, the inheritance of a single
owner, the boundaries of a single estate.
Philologically, M. de Jubainville maintains that the word _fines_ may
be used for the boundaries of a nation as well as for those of an
estate. No doubt. The word is even used in a philosophical sense, and
Cicero wrote a treatise, _De finibus bonorum et malorum_. In every
language there are words of wide application; but the student is not
misled by this. In philosophy he understands _fines_ in a philosophical
sense. If a general at the head of an army is crossing the territory
of several nations, he understands _fines_ in the sense of frontiers.
If it is a question of private law, he will not doubt that _fines_ is
connected with individual rights; that it means the boundaries of an
estate or a field. Now the passage in which Cæsar speaks of “suits
concerning inheritance and boundaries” is one which deals entirely with
law and justice.
M. de Jubainville has taken the trouble to count the number of times
that _fines_ occurs in the _De Bello Gallico_ as applied to national
or tribal frontiers, and finds they are seventy-seven. This is one
of those arguments based on statistics which impress most people by
an appearance of matter-of-fact appropriateness. But look at it more
closely. Is the _De Bello Gallico_ a book of private law? It is a
history of military campaigns, and of negotiations between nations;
and it is very natural that the author should frequently speak of the
frontiers or the territory of these nations. If he had written a work
on law, of which he was quite capable, he would have spoken throughout
of the boundaries of private estates. Ought one to be surprised at
this? Read Thiers’ thirty volumes; make the same calculation that M. de
Jubainville did for the _De Bello Gallico_; and, if you follow the same
method of reasoning, you will come to the conclusion that the French
are unacquainted with boundaries to private property.
Public-domain text, read in full here on John Shaqi.
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