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’s quotations are always exact in this respect, that the line
he quotes is to be found at the place mentioned; their inexactness
merely consists in this, that the same line taken with its context
means precisely the opposite of what M. Viollet says. In the same way
he once quoted a passage from a document of 890 in which he found
the word _communes_; surely this meant community in land, collective
ownership. Unluckily it turned out that the document did not contain
any reference to community, or even to a village, or to cultivators of
the soil; it concerned a dispute between two landowners, an abbot and
a count. The adjective _communes_ related not to lands, but to certain
“customary rights in a royal forest.” The abbot declared that “these
common rights were his,” free of charge, while the count maintained
that the abbot had always paid a rent, _sub conductione_. All this is
evidently the very opposite of community; but M. Viollet had seen the
word _communes_, and that was enough.[223] I have gone through his
whole work in a similar manner and tried to find a reference that was
to the point; and I have not found one.
[198] P. Viollet, _Du caractère collectif des premières propriétés
immobilières_, in the _Bibliothèque de l’École des Chartes_, 1872,
pages 455-504.
[199] “Nec signare quidem aut partiri limite campum Fas erat; in medium
quærebant.” M. Viollet makes a mistake, however, as to _in medium_,
which he translates as if it was _in commune_.
[200] We have italicised the words that are inexact. Diodorus does not
say that these men were divided into two “classes;” he does not say
that they “declared” the land “common property.” κοίνας ποιήσαντες
means that the islands were made common for a moment, it is the
statement of a fact, not the announcement of a perpetual institution.
In place of “they threw together all their possessions,” the Greek
tells us that they clubbed together their resources. However, the chief
mistakes are in the last words of the translation.
[201] Viollet, pp. 467-468.
[202] The passage is in Diodorus v. 9, bipontine edit., iii. p. 267.
[203] Thucydides explains this very well: “They lived on the island of
Lipara, and went from thence to cultivate the other islands,” iii. 88.
Public-domain text, read in full here on John Shaqi.
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