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
We are, however, able to gather that these two successive partitions
were not in every respect alike. The first related only to the
_ager Romanus_, _i.e._, to that part of the territory which was in
primitive times attached to the _Urbs_; the second related to conquered
territory. In the first, the ground was distributed amongst the
_curiæ_, each curia then distributing it amongst its _gentes_, whence
it came about that these lots for a long time retained the name of the
several Roman _gentes_; in the second partition, which followed the
first but did not annul it, the land was divided according to heads,
_viritim_. This innovation will be seen to be of deep importance by any
one who is acquainted with the ideas of the ancients and with ancient
law. At the time of the first division, property still belonged to the
family; at the second, it belonged to the individual. Thus, then, the
two kinds of proprietary right that the ancient world successively
recognised are seen, one after the other, with an interval of but forty
years between. The Roman nation was one of the first to substitute
individual for family property. They made use of bequest and sale
from an early date. Roman law did indeed retain some traces of the
early rights of the family; but what really characterises it is that it
brought about the triumph of the system of individual ownership.
[224] Mommsen, _Roman History_, Engl. trans., vol. i., p. 194.
This theory has been copied and reproduced word for word, without
verification, by M. Viollet and M. de Laveleye.
[225] Varro, _De re rustica_, I. 10: “Bina jugera, quod a Romulo primum
divisa viritim, quæ heredem sequerentur.”
[226] Pliny, XVIII. 2, 7: “Romulus in primis instituit.... Bina tunc
jugera populo Romano satis erant nullique majorem modum attribuit.”
Nonius, edit. Quicherat, p. 61. Festus, v. centuriatus ager.
IV.
_On the application of the comparative method to this problem._
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