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
Thus not one of three passages quoted by M. Mommsen seems to me to have
the meaning he attributes to it. Not one of the three implies that the
Romans held their land in common even for a single generation. Other
authorities also, which must not be passed over, expressly tell us of
this earlier partition, the recollection of which was preserved, as
was that of everything else connected with the founding of the city.
Besides Dionysius of Halicarnassus whom we have already referred to
(II. 7), Varro, who was as learned as a man could well be at that time,
declares that Romulus divided the territory into hereditary portions,
each consisting of but two _jugera_[225] (about an acre and a quarter).
The elder Pliny, Nonius and Festus give us the same information.[226]
But this first partition, which is contemporaneous with the very
foundation of the city, did not follow upon a period of non-division.
No Roman historian makes any such statement as that the land remained
for a period undivided.
M. Mommsen tries to dispose of these statements, and argues as follows:
Two _jugera_ are too little to support a family; therefore we cannot
consider that this was a real partition of the territory; and it
necessarily follows that the families must have lived under some kind
of communistic system, with a common use of the public lands. An
ingenious process of reasoning, but nothing more; mere guess-work.
The question is not as M. Mommsen thinks, whether two _jugera_ are
enough for the support of a family; but rather whether the founder,
who had only a very small extent of territory at his disposal, with a
population already numerous, could grant more. The lots were too small,
as it would appear, because the territory also was too small; but we
cannot deduce from this, as M. Mommsen does, that the Romans followed
some system of communism. The insufficiency of the land, besides, gives
a reason for the conquests which were soon afterwards effected under
Romulus.
In conclusion, it appears to me exceedingly rash to maintain that
the Romans had at first a system of common ownership of land. Such a
statement is not supported by any ancient authority. On the contrary,
the early writers describe a partition of land which takes place at
the very time when the city is founded; and the land thus divided
becomes complete and hereditary property. Some years later the city
conquers fresh territory; and again, with but little delay, it is
divided into private property. This is all that we are told.
Public-domain text, read in full here on John Shaqi.
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