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
IV. As to the custom by which a husband and wife contributed equal
shares to a common stock and allowed the income arising from it to
accumulate, I cannot understand in what way this proves that there was
no landed property. M. de Jubainville ingeniously explains that what
was contributed could not have consisted of land “because its produce
cannot be hoarded,” and that it must have consisted of herds of cattle,
because cattle can much more easily be set aside for a particular
object. In his long argument there is only one thing that he overlooks,
and this is that it is possible to sell the crops and set aside the
produce of the sale. Moreover, he gives an incorrect rendering of
Cæsar, VI. 19: _hujus omnia pecuniæ fructus servantur_. _Pecunia_, in
legal phraseology, is used not only of money, of not only personal
property, but also of property of every kind, including land;[251] and
_fructus_ does not simply mean produce in the literal sense of the
word, but revenues of every description. Cæsar, then, is speaking of
possessions of every sort, of which the income may be set aside. These
possessions may be an estate under cultivation, or a herd of cattle,
or a stock in trade, or a sum of money placed out at interest (for
this was not unknown to the Gauls); the income might be the produce of
the sale of the crops, or the increase of the herd, or the profits of
trade, or the interest on the loan. Whichever it may have been, Cæsar
did not intend to imply that the Gauls were unacquainted with landed
property.
I am anxious not to pass over a single argument brought forward by this
learned and able writer. He observes that the names of private domains,
such as we find them in the Roman and Merovingian periods, are all
derived from Roman proper names. This is quite true, and I had myself
made the same observation in an earlier essay; but what I had carefully
abstained from saying, and what is maintained by M. de Jubainville,
is that these Latin names of the Roman period prove the non-existence
of domains in the Gallic period. The most they could prove is that,
after the conquest, the names of domains were latinised as well as the
names of individuals. Just as Gallic landowners adopted Roman names
for themselves, they bestowed the same names on their estates; and
consequently domains were called Pauliacus, Floriacus, Latiniacus,
Avitacus, Victoriacus, etc. To conclude from this that there were no
private estates before the conquest would indeed be a rash argument.
Public-domain text, read in full here on John Shaqi.
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