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
trumpet, and summon them to appear before his tribunal on an appointed
day, for the purpose of declaring on oath that they are innocent of the
murder.” The passage is quite clear, and the method of procedure very
natural. But to Dr. Lamprecht it means that the men were “associates
of the mark” (p. 13, n. 3), and that they lived in a condition of
community. On this he builds up a complete theory of “neighbourhood,”
_Nachbarschaft_, and he maintains “that this ‘neighbourhood’ is one of
the principal factors of the Frank organisation” (p. 19).
He comes upon this word _vicini_, again, in an edict of Chilperic. The
fact is that this edict declares, 1st, that land shall continue to
pass from father to son in accordance with the old rule; 2nd, that in
default of a son the daughter shall inherit; 3rd, that in default of
son and daughter, the collateral relations shall take the land and the
neighbours shall not take it.[187] This Dr. Lamprecht interprets as if
it said that in case of the failure of the direct line the neighbours
formerly had the right of taking the land; but the edict of Chilperic
does not say this, and the opposite is positively proved by the section
on succession (tit. xli.) in the Salic law. Then, starting with this
misinterpretation, he goes on to maintain that the _vicini_ had a
common right to the land, and were, so to speak, the joint-owners of
it; a state of things of which there is not the slightest trace in the
documents.
He finds the word _vicini_ again in section xlv. of the Salic law, and
at once believes that he has discovered a community, and a community
of such a kind that it has the right of excluding every new-comer; so
that a man who has obtained a field by purchase or bequest has not
the right to occupy it without the leave of all the inhabitants. But
read this section xlv. and you will see at once that it does not apply
to a man who has got a field by lawful means.[188] You will notice,
moreover, if you read the entire section--people are always careful
not to quote more than a fragment--that there is no mention of any
community. Not a single word throughout these twenty-two lines means
or suggests the idea of a community or an association.[189] You do not
see a body of inhabitants meeting, deliberating, deciding. What you
do see is a man, who, in his own name, enters a complaint before the
royal functionary, the count, against a certain person who has taken
possession of a piece of land, without any right to it; and the count
expels the intruder, not in virtue of the rights of the community--not
a word of that--but simply in virtue of the rights of private
property, and because the intruder cannot justify his possession by
any legitimate title. Where do you find in all this the action of a
village community, of an association of the mark? If you think you see
it, it is assuredly not because it is in the original, but because your
preconceptions have put it there. We have here one of the most striking
Public-domain text, read in full here on John Shaqi.
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