The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley — John Shaqi
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
Observe, too, that there is absolutely no doubt as to the meaning of
the language employed. Could language be clearer than that of the
following passage taken from a deed of 770? “I, Wicbert, give to the
church of St. Nazarius the farms (_mansi_), lands, fields, meadows and
slaves that belong to me. All these I deliver to the church to be held
for ever, with the right and power of holding, giving, exchanging,
and doing with them as seems to it best.”[102] Or of a deed of 786:
“I, daughter of Theodon, give to St. Nazarius all that I hold by
inheritance in the places here mentioned; and everything that has been
in my possession and ownership, I hand over into the possession and
ownership of St. Nazarius.”[103] And again: “Whatever land belongs to
me I give to the abbot and his successors to hold and possess it for
ever;”[104] and yet again: “I, Wrachaire, give whatever land is mine in
my own right for the abbot henceforward to hold in his own right, _jure
proprio_.”[105] These expressions occur in thousands of documents.
Often the donor or seller adds that he holds the land by inheritance,
that he has received it from his father.[106] Another thing we must
not fail to notice is that ownership is not limited to land under
cultivation; it includes forest, pasture and streams,[107] as we find
over and over again. And it is never a village community or mark which
makes such a gift, but always a single individual.
Such is the character of the records Maurer sets about using in order
to prove the existence of community in land in the Middle Ages. It
is evident that, taken as a whole, they are in direct contradiction
to this theory; but what he does is to separate from the rest about
twenty deeds, take his evidence from them, and ignore the existence of
the rest. What can be said for a proceeding by which, merely for the
sake of propping up a theory, certain isolated cases are picked out,
and the great mass of evidence, which is in opposition to the theory,
is passed over? At the very least, it would have been only fair to
warn the reader that the deeds quoted belonged to an insignificant
minority--eighteen or twenty out of about ten thousand. Readers have
not always volumes of this kind at their elbow; and if they have, it
does not occur to them to verify the references. If you present them
with twenty quotations, they at once suppose that these are the only
ones in existence. They ought to be told that there are ten thousand
other deeds of the same character, written at the same time, drawn up
according to the same forms. You should confess that these ten thousand
deeds say exactly the opposite of the twenty you quote. You should not
leave them in ignorance of the fact that these thousands of gifts,
wills, sales or exchanges of land form an absolute proof of a system
of private property. Only after pointing all this out, would it be
right to tell them that there are perhaps eighteen or twenty deeds in
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