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
[204] Τὰς νησοὺς εὶς εἴκοσι ἔτη διελόμενοι, πάλιν κληρουχοῖσιν
ὄταν ὁ χρόνος οὗτος διέλθη. The word πάλιν means a second time and
not periodically. There is no expression such as νῦν ἔτι which the
historian would have used if he had meant to imply that it was still
practised in his own time. The conjunction ὄταν indicates a single
action; the historian has not written όσάκις. It is true he uses
κληρουχοῦσι in the present tense; whether copying an old document,
or employing the “narrative present” so usual with historians. It
is necessary, moreover, to notice the intrinsic meaning of the word
κληρουχεῖν; the term is usual enough in Greek for its meaning to be
perfectly well ascertained. It is always used of a definitive division,
a partition made for all time. We cannot suppose that Diodorus would
have used κληρουχεῖν for a temporary and periodical division.
[205] Diodorus, v. 53; v. 59; v. 81; v. 83 and 84; xii. 11; xv. 23.
[206] See Strabo vi. 1.
[207] Κοινὰ ποιοῦντες τὰ κτήματα τοῖς ἀπόροις ἐπὶ τὴν χρῆσιν.
[208] Εὔνουν παρασκευάζουσι τὸ πλῆθος.
[209] Xenophon, _Commentarii_, i. 2, 61, tells us that the Lacedæmonian
Lichas was celebrated for the generosity with which he entertained
his guests at dinner; Herodotus, vi. 57, represents individuals as
inviting a king to dinner in their own houses; Plutarch, _Lycurgus_,
12, says that every Spartan who made a sacrifice was excused from the
public meals, _i.e._, he could eat at his own home the animal he had
sacrificed. It is, therefore, a great mistake to say that the Spartans
always ate in common.
[210] Athenæus, iv. 16.
[211] Herodotus, who knew Sparta very well, says that the public meals
were not established till two centuries after the foundation of the
city; i. 65. The same will be found in Xenophon, _Republ. Laced._, v.
and in Plutarch, _Lycurgus_, 10, who says distinctly that before this
period the Spartans ate their meals at home. Private property, on the
other hand, was established from the very beginning of the city.
[212] Plato, _Laws_, vi. p. 781; Aristotle, _Politics_, ii. 7; Alcman,
in Strabo, x. 4, 18.
[213] Aristotle, _Politics_, ii. 7; Plutarch, _Lycurgus_, 12.
[214] Aristotle, _Politics_, ii. 6, 21.
[215] Plutarch, _Lycurgus_, 12.
[216] Cicero, _Tusculan. Disput._ v. 34; Plutarch, _Lycurgus_, 21;
Xenophon, _Republ. Laced._, v; and, above all, the authors cited by
Athenæus, iv, 20.
[217] We have elsewhere pointed to the evidence for private property in
Sparta, and the rules concerning it. (_Comptes rendus des séances de
l’Académie des sciences morales_, 1879-1880.) See, on the same subject,
the excellent work of M. Claudio Jannet.
[218] Viollet, p. 472.
[219] Diodorus, v. 53; v. 59; v. 81; v. 83; v. 84; xii. 11; xv. 23;
Odyssy, vi. 11; Herodotus, v. 77; Plato, _Laws_, iii. pp. 684-685;
Pausanias, _passim_.
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