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
The opinion almost universally accepted four or five years ago was
to this effect: that the English people, when it came to Britain,
was composed of a stalwart host of free men, who governed themselves
by popular national councils, administered justice by popular local
assemblies, and lived together in little village groups of independent
yeomen. It was, indeed, recognised that there were gradations of
rank--_eorl_ and _ceorl_, and the like,--and that some individuals
were unfortunate enough to be slaves. But these and similar facts
were not supposed to affect the general outlines of the picture; and
even those writers who expressed themselves most guardedly as to this
“primitive Teutonic polity,” proceeded by the subsequent course of
their narrative to assume it as their starting point. And looking back
on the intellectual history of the last fifty years, we can easily
trace the forces which assisted in giving this view currency. To begin
with, the historical movement of this century was undoubtedly the
offspring of Romanticism; and with Romanticism the noble independence
of the unlettered barbarian was an article of faith. Moreover, the
discovery of modern constitutionalism “in the forests of Germany”
harmonised with a comfortable belief, which was at one time very
common. This was the belief to which Kingsley gave such eloquent
expression, that the barbarian invasions were the predestined means of
bringing into the effete civilisation of Rome the manly virtues of the
North. For England the theory had the additional charm, during a period
of democratic change, of satisfying that most unscientific but most
English desire, the desire for precedent. An extension of the suffrage
rose far above mere expediency when it became a reconquest of primitive
rights.
But, though we can understand how it was that historians came to
discover the imposing figure of the free Teuton, it does not
necessarily follow that they were mistaken. The disproof must be
accomplished, if at all, by erudition equal to that by which the
doctrine has been supported; and it has been the task of M. Fustel de
Coulanges to assail with enormous learning and a cogent style almost
every one of those propositions as to early mediæval constitutional
history, which we were beginning to deem the secure achievements of
German science.
Public-domain text, read in full here on John Shaqi.
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