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
3. Sir William Hunter suggests that we can distinguish an even
earlier stage. “We know,” he says (p. 206), “that the Aryan invaders
never penetrated in sufficient numbers into India to engross any
large proportion of the soil. That throughout five-sixths of the
continent, the actual work of tillage remained in the hands of the
Non-Aryan or Sudra races; and that, even at a very remote time,
husbandry had become a degrading occupation in the eyes of the Aryan
conquerors.... In Orissa, where Aryan colonisation never amounted to
more than a thin top-dressing of priests and _nobles_, the generic
word of husbandman is sometimes used as a synonym for the Non-Aryan
caste. At this day, we see the acknowledged aboriginal castes of the
mountains in the very act of passing into the low-caste cultivators
of the Hindu village, as soon as Hindu civilisation penetrates their
glens.” He thinks it probable, therefore, that the Hindu village is
the “outcome” of Non-Aryan Hamlets such as those of the Kandhs. This
is not unlikely; but supposing the conjecture to be correct, we must
notice two essential points. The first is that the Kandh Hamlet, with
its population of, on an average, some five-and-thirty persons, is
nothing more than a cluster of independent households, placed close
together for mutual protection. The absolute ownership of the soil
is vested in each family; and the Hamlet as a whole exercises no
corporate authority whatever (pp. 72, 77, 208, 210). And in the second
place, if the Hamlet expanded into the village and the village became
that “firmly cohering entity” which it now is, land-lordship would
seem to have developed _pari passu_ (_Ibid._, pp. 212-3). At no stage
of agrarian history do we find the village community of theory, which
is “an _organised self-acting_ group of families exercising a _common
proprietorship_ over a definite tract of land” (Maine, _Village
Communities_, pp. 10, 12). Where the cultivating group are in any real
sense proprietors, they have no corporate character; and where they
have a corporate character, they are not proprietors.
NOTE B.--ON THE RUSSIAN MIR.
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