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
Much might be said about this translation, but we wish to be
brief.[200] M. Viollet ought, in the first place, to have mentioned
the date of this event, since Diodorus gives it: it happened in the
fiftieth Olympiad, that is about the year 575. Now, long before this,
Cnidus and Rhodes had had a system of private property, and had no
trace of common ownership. So these Cnidians and Rhodians may, very
likely, have made an experiment of this kind; but it is impossible that
their action should illustrate a survival of primitive community as M.
Viollet maintains.[201]
The account of the Greek historian also plainly shows the motive which
determined these men to leave the land for some time undivided: it was
because the Tyrrhenian pirates ravaged the islands to such an extent
that the Greeks were obliged to separate into two divisions, the one
fighting, the other tilling the ground.[202] But Diodorus goes on
to say that this manner of life only lasted a few years. So soon as
they had freed themselves from the pirates, the Greeks made a regular
settlement in the island of Lipara, that is in the largest and most
important island of the little group. They built a town there; and at
the same time “they made a partition of the soil.” Now, this partition
was never made over again; it was a distribution of shares to be
held in perpetuity, that is, as private property. M. Viollet passes
over this too hastily; it is of the utmost importance, for it shows
us that private property was established directly the Greeks were in
anything like a settled condition. The fact that the other islets, more
difficult to cultivate and less securely held, remained for some time
longer undivided, does not imply that these people lived in a state
of agrarian communism. Each of them was a landed proprietor in the
main island, and enjoyed certain rights over one of the islets.[203]
But even this arrangement did not last long, and the small islands
were parcelled out in their turn. There was, it is true, a provisional
partition at first, to last for twenty years; there are several very
likely explanations for this precautionary measure. Whatever the reason
may have been, at the end of twenty years the partition was made over
again, and this time it was permanent; for Diodorus never says that a
division took place periodically down to his own time.[204]
Public-domain text, read in full here on John Shaqi.
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