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
He accumulates quotations, but they are inexact. He refers to Aristotle
(_Polit._ vii., 10); but all Aristotle says is that men began by
being hunters and shepherds; does that imply that when they became
agriculturists they held the soil in common? He quotes Virgil, who in
the Æneid (xi. 315) says that “the Aurunci tilled the land in common;”
turn to the passage; the expression “in common” is not there; M. de
Laveleye has unconsciously added it himself. Every writer does this
who is under the influence of a fixed idea.[238] Speaking of Rome, he
declares “that he sees a proof of primitive community in the common
meals of the _curiæ_;” and he does not notice that these repasts of the
_curia_ only took place on certain festivals, and that they were sacred
feasts, as we are expressly told by Dionysius of Halicarnassus, who
witnessed them. “The _curiæ_,” he says, “with their priests, perform
sacrifices and eat together on feast days.” This is not an agrarian
community; it is a religious communion. Suppose that a stranger, seeing
a number of good Christians communicating in our churches, declared
that he saw in this a proof that the French held their land in common!
A little farther we read: “The law of the Twelve Tables preserves a
trace of common ownership; for in default of the _proximus agnatus_
the _gens_ is preferred to the other agnates.” There is nothing
resembling this in what we have of the law of the Twelve Tables; the
gens was never preferred to the agnates. Our author quotes, it is true,
the following sentence, which he attributes to Gaius: _in legitimis
hereditatibus successio non est: gentiles familiam habento_, which is
said to be in Gaius iii., 12; but look in Gaius for this extraordinary
sentence, and you certainly will not find it. Thus, alike for Greece
and for Rome, M. de Laveleye has got together a number of authorities;
but there is not a single quotation that is exact, or that has the
meaning he attributes to it.
Public-domain text, read in full here on John Shaqi.
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