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
If one could point anywhere to an annual or periodical division of the
soil this would be a proof of agrarian communism. Maurer accordingly
maintains (page 8) that this annual division was, as a matter of fact,
for a long time practised. In support of so grave an assertion, to
prove an historical fact of such magnitude, we might hope that he would
furnish us with numerous and precise references. He gives but one, a
document of the year 815, printed in Neugart’s _Codex diplomaticus_,
No. 182.[97] Now look at this deed; it is a gift made to a convent
by a certain Wolfin. Read it through; you will not find a single
mention of community, a single mention of a yearly division. Wolfin
is a landowner; the lands he grants are his property; even more than
that, they are his by inheritance; they have descended to him from his
father. Here then we have a deed which from its first word to the last
proves the existence of private property, and shows the very opposite
of common ownership.
How has Maurer managed to find in this a confirmation of his theory?
We have here a striking example of the light-hearted way in which he
works. The donor, in making a list according to custom of the lands he
is giving, writes _terræ anales_, _prata_, _vineæ_, _pascua_. Maurer
lays hold of this word _anales_. Of course, it is not Latin; so he
begins by supposing that the copyist made a mistake, and corrects
it to _annales_. But even the word _annalis_ does not belong to the
language of legal documents; there is not a single other instance
of its use. Maurer supposes that it means “lands that are held for
only one year.” But that is impossible; since, according to this
very deed, they are Wolfin’s property by inheritance. The whole list,
_terræ anales_, _prata_, _vineæ_, _pascua_ relates beyond doubt to
inherited property. The word _anales_ is puzzling; but any one who
is familiar with charters of this kind must have often observed in
those of this period the expression _terræ areales_ taking the place
of _terræ arabiles_,[98] but with the same meaning, _i.e._, arable
lands. It occurs frequently in deeds of gift. When in a number of
documents exactly alike in phraseology you find in eighty _terræ
arabiles_, _prata_, _vineæ_, _silvæ_, _pascua_, and in twenty more
_terræ ariales_, _prata_, _vineæ_, _silvæ_, _pascua_; then, supposing
in a single example you meet with _terræ anales_, _prata_, _vineæ_,
_silvæ_, _pascua_, common sense tells you that this word _anales_,
which, however we take it, is incorrect, was written for _ariales_,
and that either the editor or the copyist made a mistake. There is
no doubt whatever that the donor makes a gift of “lands he possesses
by inheritance,” which include “arable lands, meadows, vineyards and
pasture.” Such is the deed of 815; and it is an illustration of the
method Maurer follows. He cites a deed, which, taken as a whole, proves
the existence of private and heritable property; he does not tell
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