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
The second reference is to Dionysius of Halicarnassus, II., 74; and
the following is a literal translation: “Numa enacted laws concerning
the boundaries of estates; he laid down that each man should surround
his land with a boundary and set up landmarks of stone; he dedicated
these landmarks to the god Terminus, and ordained that sacrifices
should be offered up to him every year; he appointed the festival of
the Terminalia.” That the second king of Rome drew up regulations for
the worship of boundaries cannot be regarded as distinctly proving that
before his time there were no boundaries; and certainly it is not clear
evidence that till then private property did not exist. The historian
does not say that in the preceding generation the Romans lived under a
system of common ownership of land. On the contrary, he says a little
earlier that the founder of the city did divide the territory as other
founders were wont to do. In so doing he had paid attention to the
social divisions already existing; and as the people were divided into
thirty curiæ, he apportioned the territory into thirty lots in such a
manner that the members of each curia might remain together. Dionysius
adds that the founder, when dividing the land, reserved a part to form
the _ager publicus_, _i.e._, the property of the State. This piece
of information proves beyond doubt that in the mind of the historian
the whole territory was not _ager publicus_, as M. Mommsen thinks.
Dionysius of Halicarnassus indicates distinctly that the distinction
between _ager publicus_ and _ager privatus_ dates from the earliest
days of the Roman city.
The third authority quoted is Plutarch, _Life of Numa_, 16: “The Roman
city had in the beginning only a small territory; Romulus gained for
it by conquest an additional territory larger than its old one; and
the whole of this was divided by Numa amongst the poor citizens.” This
passage, like the one from Cicero, states that a division was effected
by the second king; but at the same time it draws a distinction
between the two territories; and it is not possible to draw from it
the conclusion that the district first occupied had not been already
divided.
Public-domain text, read in full here on John Shaqi.
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