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
the reader this, but picks out from its context a single word; alters
it and translates it in his own way; and presenting the reader only
with this one word, tries to make him believe that the deed proves the
annual division and common ownership of land.
When Maurer comes to deal with the barbarian invasions, he takes
great pains to get together a number of quotations which will suggest
the idea of a partition of land (pages 72 _seq._); but if we examine
them, we see that there is absolutely nothing about a _yearly_ or
_periodical_ division. He first quotes from Victor Vitensis, who
tells us that Genseric, directly he was master of the province called
Zeugitana, divided its soil amongst his soldiers “in hereditary
lots.”[99] This is exactly the opposite of a yearly division of land,
and, consequently, of common ownership. Next comes Procopius who writes
that “the Ostrogoths divided amongst themselves the lands which had
before been given to the Heruli.”[100] Here again we have to do with
a division of land among private owners. Then Maurer, with a great
profusion of quotations, points to the divisions of property that many
scholars believe were effected between the Roman proprietors on the
one hand and the Visigoths, Burgundians and Franks on the other. But
this division, in any case, was neither yearly nor periodical. Each
portion became, from the very first day, permanent and hereditary. It
would be childish to maintain that a division of this kind was the sign
of a system of common ownership. It shows on the contrary that the new
comers knew nothing about community in land, and never practised it.
And so we find that Maurer cannot, from all these nations, produce
a single instance of a village holding its land in common or of an
association of the mark. Not a single instance either from writers
of the time, or from codes of law, or from charters, or from legal
formulæ. And it is impossible to reply that this is simply a case of
omission; for in these laws, charters and formulæ, we not only do not
find common ownership, but we do find exactly the opposite; we find
signs everywhere of private property, and of the rights of inheritance,
donation and sale.
Public-domain text, read in full here on John Shaqi.
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