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
It is true that there are certain theorists who say: “It is probable
that there was a time when the landlord did not exist, and when the
land was possessed in common by the peasants.” This is precisely what
would have to be proved. They ought first to prove that the landowner
or lord at one time did not exist, and next that the peasants then
possessed the land in common. Now these are two propositions in support
of which no one has ever been able to bring forward proof or even an
appearance of proof. On the contrary, according to M. Tchitchérin and
other writers who have studied the subject, it has been proved that the
association of the _mir_ has only been in existence for three hundred
years; that it was created in the year 1592; and that far from being
the result of a spontaneous and ancient growth, it was instituted
by the act of a despotic Government, by an ukase of the Czar Fédor
Ivanovitch. Before this epoch land in Russia was an object of private
property; so one is led to believe by the documents of donation and
bequest quoted by M. Tchitchérin. I am aware that the question is still
warmly discussed and remains obscure; but so long as documents proving
the existence of the _mir_ before the 16th century are not produced, we
must continue to doubt whether the _mir_ is an ancient institution at
all. So far as we know at present, it only came into existence with the
feudal period; it forms one of the wheels of the feudal organisation in
Russia--a group of serfs, which the Government requires to cultivate
its land in common, so as to be more sure of the payment of the rent.
Far from being collective ownership, the _mir_ is collective serfdom.
That, at any rate, is what appears from the material in our possession.
Theorists are at perfect liberty to hope that new documents will come
to light which will show the contrary. Till then, it is impossible to
bring forward the _mir_ as a proof that the human race once practised
agrarian communism.
Public-domain text, read in full here on John Shaqi.
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