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
to your family, that is, to your ancestors and your descendants.”[222]
The hypothesis that M. Viollet sets against this is purely fanciful.
He appears to believe that the restriction as to sale and bequest
weakened the rights of property; he does not observe that it renders
inheritance more absolute, and secures the rights of the family. One
may search through the whole of Greek law and the whole of Greek
literature without finding either the “eminent domain” of the State, or
a restoration of the land to a supposed ownership common.
11. M. Viollet’s last argument is taken from a passage of Theophrastus.
When Greek law at last authorised the sale of land--property being from
that time onwards looked upon as an individual right,--it required
that the sale should take place under certain conditions of publicity.
“Many legislators,” says Theophrastus, “require that sales should be
made by a public crier, and that they should be announced several days
beforehand; others prefer that they should take place in the presence
of a magistrate; while some lay down that notice of sale must be posted
up for sixty days. There are two motives for all this: in the first
place that claims may be presented against the seller, and secondly,
that all may know who is the new owner.” This sentence is perfectly
clear; it tells us that a sale ought to be made publicly, so that it
may be surrounded by all possible guarantees; but M. Viollet sees in it
something different from this. “If the public are present,” he says,
“it is because the land belongs to the people” (pp. 484-485). This
is drawing a conclusion of which Theophrastus never dreamt. When he
described the various kinds of publicity which were enjoined in the
matter of sale, and when he explained in such a natural manner the
reasons for this publicity, he did not suppose that his meaning would
be so far distorted as to lead to the conclusion that the land had once
been common. But M. Viollet has a fixed idea and follows it. If he
reads that neighbours act as witnesses to a sale, he adds that their
consent had doubtless to be asked, since the land properly belonged to
all. If he reads in another passage that it was the custom in a certain
town for the purchaser to present three of the neighbours with a small
piece of money, so that they might afterwards remember the act and be
able to vouch for it, he at once adds that “this piece of money is
the price which the purchaser pays to the three neighbours for their
original rights over the land.” All this is pure imagination. The
Greeks certainly did not connect any idea of community in land with
these simple customs.
Public-domain text, read in full here on John Shaqi.
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