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
Such are the four passages which Maurer finds, or thinks he finds,
in German law; and he can only use them in support of his theory by
misinterpreting them. The whole body of German law is, in fact, a law
in which private property reigns supreme. Look at the Burgundian law,
and you will find mention of corn fields which are enclosed, and even
of meadows; the forest itself is an object of private property. “If a
Burgundian or a Roman possess no forest, he may take dead wood _from
the forest of another_, and he _to whom the forest belongs_, shall not
hinder him; but if he takes a tree bearing fruit, he shall pay a fine
to the owner, _domino silvæ_.”[79] A right of use, limited besides
to dead wood, is not the same thing as common ownership. It will be
noticed also that the term used in the code for a country domain is
_villa_, with its boundaries, _termini villæ_.[80] Even the lands given
by the king to his servants are marked off by definite boundaries.[81]
These boundaries are sacred; the Burgundian law-giver lays down that
any one who removes a boundary shall lose his hand. It never for a
moment entered into the minds of the Burgundians to establish agrarian
communism.
In the law of the Visigoths, we find men who own vineyards, fields,
meadows, and even pasturage and forests.[82] Land is hereditary
property; and there is an entire section upon the division of landed
possessions amongst co-heirs, as well as one on the boundaries of
private estates. It is the same throughout the Lombard law; the right
of ownership applies to everything, even to forests.[83] The owner of
the land--_dominus_--has the right of selling it.[84] He can also let
it on lease, _libellario nomine_.
The Salic law is a much less complete code than those we have been
considering. It makes no mention of sale; but it contains the rule of
hereditary succession. Land passes from father to son.[85] We also
find enclosed corn fields and meadows,--a state of things hardly to be
reconciled with community of land;[86] there are even forests which are
one man’s property, and where no one has the right of getting wood.[87]
The Ripuarian law indicates the use of hedges and enclosures; it
recognises the right of hereditary succession to land, and also the
power of disposing of it by sale.[88] All these are unmistakable signs
of the prevalence of private ownership.
Public-domain text, read in full here on John Shaqi.
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