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
And so the passage from Cæsar cannot be explained away as M. de
Jubainville would wish. He cannot get rid of the fact that Cæsar
records in so many words that inheritance and boundaries were to be
found amongst the Gauls; the very opposite, that is, of community in
land. He gets together from other sources a variety of arguments which
appear to him to show that the Gauls held their land in common. They
are as follows: 1, Polybius says (II. 17) that the Gauls of Italy did
not cultivate the land; 2, in Cæsar’s time the Helvetii wished to leave
their country in order to settle in a more fruitful one; 3, the Ædui
admitted into their country ten thousand Boii and gave them land; 4,
there was in Gallic law a custom according to which a husband and wife
threw into a common stock an equal portion of the possessions of each,
and allowed the income arising from this property to accumulate, so
that the whole, principal and interest, might belong to the survivor.
These four circumstances are supposed to prove that private property in
land did not exist.[250]
Not one of the four appears to me to bear with it this consequence.
Examine them one by one. I. The passage from Polybius refers, not to
the Gauls of his own time, but to the Gauls who invaded Italy five
centuries before, and who drove out the Etruscans from the district
of the Po. The historian says that these invaders, being inclined to
pursue their conquests, did not at first settle down and cultivate the
soil, but lived on the produce of their herds. His information bears
upon the Gauls at one particular moment in their history, at the time
when they were planning an attack upon central Italy. It proves nothing
at all about the Gauls in general, and certainly nothing about the
Gauls of the time of Cæsar.
II. That the Helvetii wished to emigrate does not imply that they
lived under a system of community in land. It merely implies that they
preferred the soft climate and fertile plains of the south-west of Gaul
to their own rugged and mountainous country. Is it an unknown thing
for peasant proprietors to emigrate for the sake of seeking a more
productive soil elsewhere?
III. Because the Ædui invited ten thousand Boii to settle in their
country, does that prove that private property was unknown to them? Not
at all. The _civitas Æduorum_, which covered a considerable area and
included five of our departments, might very probably have had so large
an extent of public domain, or been able to find enough unoccupied
land, to admit ten thousand new cultivators. Such a circumstance,
following, as it does, immediately after the ravages of Ariovistus, can
easily be explained, and is not the slightest evidence of communism in
land.
Public-domain text, read in full here on John Shaqi.
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