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 study of economic history is altogether indispensable, if we
are ever to have anything more than a superficial conception of the
evolution of society. But it must be thorough; and we must not be
over-hasty in proclaiming large results. And although a principal
motive for such inquiry will be the hope of obtaining some light on
the direction in which change is likely to take place in the future,
it will be wise for some time to come for students resolutely to turn
away their eyes from current controversies. There is a sufficient
lesson in the topic we have been considering. The history of the mark
has served Mr. George as a basis for the contention that the common
ownership of land is the only natural condition of things; to Sir Henry
Maine it has suggested the precisely opposite conclusion that the whole
movement of civilisation has been from common ownership to private.
Such arguments are alike worthless, if the mark never existed.
NOTE A.--ON THE VILLAGE IN INDIA.
It has been remarked above that the history of land-tenure in India
calls for fresh examination, unbiased by any theory as to its
development in Europe. It may, however, be added that, so far as may
be judged from the material already accessible to us, India supports
the mark-hypothesis as little as England. The negative argument may
be thus drawn out:--1. The village-groups under the Mogul empire
were bodies of cultivators with a customary right of occupation. The
proprietor of the soil, in theory and in practice, was the Great
Mogul. The dispute between the two schools of English officials early
in the present century as to whether the _ryot_ could properly be
regarded as an owner or not, arose from an attempt to make Indian
facts harmonise with English conceptions. The _ryot_ had, indeed, a
fixity of tenure greater than that of an ordinary English tenant; on
the other hand, the share of the produce which he was bound to pay
to the emperor or his delegate “amounted to a customary rent, raised
to the highest point to which it could be raised without causing the
people to emigrate or rebel” (Sir George Campbell, in _Systems of Land
Tenure_). The French traveller, Bernier, who resided in India twelve
years, and acted as physician to Aurungzebe, describes in 1670 the
oppression to which the “peasantry” were subjected, and discusses the
question “whether it would not be more advantageous for the king as
well as for the people, if the former ceased to be sole possessor of
the land, and the right of private property were recognised in India
as it is with us” (_Travels_, tr. Brock, i., p. 255).
Public-domain text, read in full here on John Shaqi.
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