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
2. Can we get behind the period of Mogul rule, and discover whether it
was super-imposed directly on a number of free cultivating groups, or
whether it swept away a class of landlords? Such an opportunity seems
to be presented by the institutions of Rajputana, which are described
by Sir Alfred Lyall as “the only ancient political institutions
now surviving upon any considerable scale in India,” and as having
suffered little essential change between the eleventh and nineteenth
centuries (_Asiatic Studies_, pp. 185, 193). “In the Western Rajput
States the conquering clans are still very much in the position which
they took up on first entry upon the lands. They have not driven out,
slain, or absolutely enslaved the anterior occupants, or divided off
the soil among groups of their own cultivating families.... Their
system of settlement was rather that of the Gothic tribes after their
invasion of the Danubian provinces of the Roman empire, who, according
to Finlay, ‘never formed the bulk of the population in the lands
which they occupied, but were only lords of the soil, principally
occupied in war and hunting.’ In a Rajput State of the best preserved
original type, we still find all the territory ... partitioned out
among the Rajputs, in whose hands is the whole political and military
organisation.... Under the Rajputs are the cultivating classes ...
who now pay land rent to the lords or their families, living in
village communities with very few rights and privileges, and being too
often no more than rack-rented peasantry” (_Ibid._, p. 197). Here,
it is true, we have a case of conquest by an invading race; but if
this be compared with the description given by Sir William Hunter
of the constitution of Orissa under its native princes, before the
period of Mahometan rule, it will be seen that the condition of the
cultivators was much the same, whoever might be their masters. Orissa
would seem to have been divided into two parts, the royal domain
“treated as a private estate and vigilantly administered by means of
land-bailiffs,” and the estates of the “feudal nobility,” known as
Fort-holders (_Orissa_, pp. 214-219). In the petty Tributary States
in the neighbourhood of British Orissa, there are said to be now no
intermediary holders between the husbandman and the Rajah, “in whom
rests the abstract ownership, while the right of occupancy remains
with the actual cultivator.” The condition of things reproduces,
therefore, on a small scale and subject to British control, what was
to be found on an immensely larger scale under the Mogul emperors.
Whether there ever were in these districts lords of land between the
prince and the peasant is not clear.
Public-domain text, read in full here on John Shaqi.
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