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
quotations, which, even if they were exact, would be insignificant in
comparison with the rest of Greek literature, are not enough to build a
system upon. What is especially surprising is that the author of such
a theory should not have thought of studying either the law, or the
beliefs, or the permanent institutions of the Greeks. He has solved the
question without so much as setting himself to investigate it.
May I add that I am sorry to find myself taken to task by M. Viollet?
“M. Fustel,” he says (p. 464), “was unable to recognise this great
historical fact (_i.e._, the supposed community in land), because he
saw that every family had its own hearth, its own worship, its own
ancestors.” This is true. I willingly grant that the facts which I
saw, and which I have completely proved, prevented me from seeing the
imaginary facts that M. Viollet thought he descried in his eleven
quotations. He further adds (p. 465), that since I admitted the
existence of property common to the family, it was an easy thing to go
a little further and recognise, as he did, the common-ownership of the
people. Here M. Viollet throws a little too much light upon his own
method of proceeding. According to him, an historian who recognises
one fact or institution ought to guess at another fact or institution,
merely because there is an apparent analogy between them; in this way
logic takes the place of evidence, and the imagination can construct
all the systems it chooses. I am not bold enough for this; I do not
find in history what I wish to find, but only what is there. I am
careful not to insert anything I do not find. I saw in ancient law and
ancient religion the co-proprietorship of the family, and I said so.
I did not see the common ownership of the whole people, and I did not
say I did. History is not a science of speculation; it is a science of
observation.
No one, moreover, but M. Viollet, considers that the co-proprietorship
of the family and the common ownership of the whole people “are two
things which resemble one another.” It is clear to every careful
observer that they are essentially different, both in character and
in results. The co-proprietorship of the family is an ownership which
is complete, absolute, hereditary, independent even of the State.
If it is undivided, it is because the family at this time is itself
still undivided. It is, besides, legally in the hands of the head of
the family, the real owner, who is absolute master of it, and does
what he likes with it; but who can neither transfer it or bequeath it
“because he owes it to his descendants such as he has received it from
his ancestors.” What resemblance is there between such a system and
one under which the land would be common to all, and belong to a whole
nation?
Public-domain text, read in full here on John Shaqi.
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