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
Such, then, are the eleven authorities by whose help M. Viollet tries
to prove that the early Greek cities held their land in common during a
period more or less protracted. M. Viollet does not give a single other
reference. Now the first taken from Plato, the fifth from Diodorus,
and the seventh about Tarentum are absolutely incorrect; the second,
third and fourth from Virgil, Trogus Pompeius and Tibullus are beside
the subject, since they apply to the tradition of a savage state
which does not here concern us; the sixth, the one about Pythagoras,
points to an exceptional episode, only lasting for a brief period, and
clearly not in harmony with Greek habits; the eighth, about public
meals, has been misunderstood; the ninth about the κλερουχίαι, and
the tenth concerning the primitive inalienability of land belonging
to the family, are absolutely opposed to M. Viollet’s theory; the
eleventh points to publicity of sale, not community in land. And so out
of eleven quotations or arguments there is not a single one which on
examination stands firm.
And this is not all. Supposing that there could be found in the whole
of Greek literature two or three, or even eleven, quotations, which
seemed to imply community in land, it would still be the duty of every
serious historian to look at the evidence on the other side; to search,
that is, for other passages or other facts which point to an opposite
conclusion. It did not occur to M. Viollet to do this. If he should
ever think of undertaking the task, I venture to point out to him four
classes of authorities or of facts: 1st, Those to be found in Homer,
Hesiod and the most ancient documents, which show us the land held as
private property, with no mention or trace of community. 2nd, Those
vestiges of the oldest Greek law which have come down to us, which do
not contain the slightest trace of a state of things in which the land
belonged to the people, and which do contain, on the contrary, precise
rules as to family property. 3rd, The rites of ancient religions, which
show the worship of land and of consecrated bounds; and this side by
side with the worship of the dead. 4th, and finally, the records of
all the κληρουχίαι; that is, the division of the soil into hereditary
portions, a division which was made on the very day of the founding
of each city, and almost implies an actual inaptitude for common
ownership. Here will be found, not eleven imaginary pieces of evidence,
but a whole body of evidence and of facts; and this mass of evidence
proves precisely the opposite of a system of community. History would
be too easy a science if it were enough to pick out here and there
isolated lines and interpret them as one liked. _Every_ authority ought
to be consulted, the _whole_ of Greek literature ought to be studied,
in treating of such a problem as M. Viollet’s. One cannot judge of the
whole Greek world from a chance occurrence in the Lipari isles. Eleven
Public-domain text, read in full here on John Shaqi.
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