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
I shall not dwell at length on the second portion of M. Viollet’s
work, in which he gives a hasty and superficial glance at the Middle
Ages. Here I have not been more fortunate than before in verifying his
evidence. For example: he dwells at length upon the prior right of
purchase which belonged to neighbours. Everyone knows of this custom,
the meaning and reason of which are obvious enough. But in M. Viollet’s
eyes this right of the neighbours is a vestige of community in land.
He does not notice that the preference given in case of sale to a
neighbouring proprietor over a distant one has nothing to do with
community. Under a system of common ownership this prior claim of the
neighbour would not be found. The two things are incompatible. The
right of the neighbour is a custom belonging essentially to private
property; it is a grave error to convert it into a communistic practice.
Further on, M. Viollet speaks of the Franks; he represents them as
“dwelling in small groups called _villæ_ or _genealogiæ_.” One must
never have seen in the charters what a _villa_ is, to imagine it a
group of men; and it is something more than rashness to identify the
_villa_ with the _genealogia_. M. Viollet says again that amongst the
Franks “the tie of neighbourhood was so strong as to hold in check
the rights of blood in matters of succession;” and he does not notice
that this is absolutely opposed to the explicit statement of the Salic
law. He maintains that the Frank _villa_ was a village community, and
quotes section xlv. of the Salic law, which not only does not say one
single word about a community, but, on the contrary, one is surprised
to find, has nothing whatever to do with one. He maintains that the
Ripuarian law requires “the consent of the community” to a sale of
land, and quotes a section of the law which merely says that the sale
ought to take place in the presence of witnesses and in a public place.
It is his own addition that these witnesses are “a community,” and that
they have to give their “consent.” Elsewhere he maintains that the
Thuringians were unacquainted with the sale of land, and his only proof
is the section of the law which authorises such a sale. He says again
that according to the Ripuarian law real property could only be sold by
virtue of a royal writ; and he supports this statement by a reference
to the section of the law which enacts that the purchaser of an estate
shall demand a written document from the seller.
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