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
M. Viollet also refers to the feasts which the fifty Athenian
_prytanes_ used to celebrate near the sacred hearth; reminds us
that when the young Athenian was received into the _phratria_, the
_phratria_ performed a sacrifice which was followed by a feast; and
refers to the feasts which the Roman _curiae_ celebrated before an
altar on certain festivals. But one must indeed be dominated by a
fixed idea to suppose that these three different kinds of feasts are a
proof of community in land. It is exceedingly ingenious to say that
“these meals are the lingering evidence of a primitive nomad life and
of community in the soil;”[218] but the fact is that they were simply
religious ceremonies. They were celebrated around an altar, according
to prescribed rites. The custom of a common meal in the presence of the
divinity is found in many religions.
9. For his ninth proof, M. Viollet sets before us “a widespread
tradition which represents the inhabitants of a country as dividing
its soil amongst themselves;” and in support of this he gives a few
references to Diodorus. He might have given many more, and to other
writers also.[219] What he takes for a vague tradition is an historical
fact perfectly well known and authenticated. We know that every Greek
city preserved the memory of its foundation, which was the occasion of
a yearly festival. This tradition was handed down either by means of
religious songs repeated from year to year without any change, or on
bronze inscriptions kept in a temple. It is from these sacred records
that we obtain such exact evidence as to the founding and founder of
each city. Now these records lay stress on two circumstances; the
founding of the town on a given day by the performance of a religious
ceremony; and the division of the land amongst the citizens,--a
division which was effected by a drawing of lots, called κληρουχία or
κληροδοσία. These two operations took place at the same time; we might
almost say on the same day. Where M. Viollet makes the mistake is in
saying that “this division presupposes primitive community, and puts an
end to an era of non-division” (p. 473). It is precisely the contrary;
for whenever we see Greek emigrants making settlements on territory
either previously unoccupied or else conquered by them, we find them
_immediately_ founding a town and _immediately_ dividing the soil.[220]
The soil may have been conquered in common, but not for one single year
is it cultivated in common. They do not divide it “in order to get out
of a system of non-division”; but they make haste to divide the country
that they have just found unoccupied or have just conquered, so that it
shall not remain for one moment undivided.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account