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
In Thuringian law, land passes from father to son. Saxon law also
recognises the right of private property; and authorises the sale and
gift of land.
The capitularies of the Merovingian kings, again, show that private
property was the normal and regular state of things. An edict of
Chilperic declares that land shall pass not only to the son according
to the ancient rule, but also to the daughter, brother, or sister. In
his treatment of this last point Maurer once more displays singular
inaccuracy. From this law which declares the rule of hereditary
succession, he draws the conclusion that before that time there had
been community of property. The edict of Chilperic says that in no
case shall the neighbours take possession of the land; this appears
to him to mean that, up to the day this law was made, the neighbours
were the real owners, and inherited before the son of the dead man. He
does not notice that it is precisely in the case where a son survives
that Chilperic contents himself with referring to the ancient rule of
hereditary succession. The words _non vicini_ occur in the paragraph
which deals with the case of the death of the owner without children.
To say that if a man dies without children, the nearest heirs must be
sought for, and the neighbours are not to take possession of the land,
is not the same as saying that until that time the neighbours had had
rights over the land. To exaggerate the meaning of a quotation to such
a point as this is really to pervert it.[96] Not a single Frankish
capitulary, not a single law, charter, or formula, mentions this
imaginary “right of the neighbours” over the land. Not one of these
documents even alludes to a village holding its land in common. The
Carolinginian capitularies, which were drawn up for Germany as well as
for Gaul, recognise two methods only of land-holding, the allodial,
_i.e._, complete and heritable ownership; and beneficiary, _i.e._, land
granted by its owner for a time and under certain conditions. They know
nothing of community of ownership.
Public-domain text, read in full here on John Shaqi.
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