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
7. We now come to the Southern Slavs, _i.e._, the Bosnians, Servians,
and Bulgarians, who, in their turn, have to furnish arguments in
support of the theory.[239] This chapter of M. de Laveleye’s is the
most interesting in the book, the most curious, and, in my opinion,
the most exact. Only I do not see how it bears upon the problem with
which we are occupied. It is very true that the Servian or Bosnian
village often cultivates its land in common. But this village is
composed of a small group of from twenty to sixty persons, who dwell
in four or five houses built within a single enclosure; and the land
belonging to it seldom exceeds sixty acres. Look at it closely, and you
will see that this little village is nothing more than a family. M.
de Laveleye recognises this (p. 204). The brothers as a rule keeping
together and the family continuing to form one undivided body, the
property remains united like the family. The land is cultivated in
common and the produce is consumed in common, under the direction
of the head of the family. This is described by M. de Laveleye with
zest and ability; but it is not community in land; it is the common
ownership of the family. We have seen it amongst the ancient Greeks;
in the most ancient Roman law; amongst the Germans; and now we find
it amongst the Servians. The family forms a small village; it keeps
to itself on its own land; and this land is a common possession which
has belonged to it from time immemorial. It must be added that all the
characteristics which accompany family ownership amongst the Greeks and
Germans are to be found here. The custom of bequest does not exist,
nor does that of gift or sale. All the members of a family are common
owners of the soil, and consequently they alone are the heirs. Anyone
leaving the family loses his rights over the land; anyone entering it
by adoption has the same rights as those who were born into it. Except
that the chief is no longer the eldest member or the son of the eldest,
but the one whom the rest elect--a change which naturally came about in
the course of time--this family resembles in every other respect the
ancient Greek family. But that the soil belongs to the nation or the
tribe there is not the slightest evidence.
8. M. de Laveleye now comes to the _allmenden_ of Switzerland. He
tells us “that never was there a more radical democracy than that
which was to be found in primitive Switzerland,” and he describes the
_landgemeinde_, “which goes back to the earliest times” (pages 270 _et
seq_). “The _Allmend_,” he says again, “presents the ancient type of
true justice, which ought to serve as the basis for the society of the
future” (p. 282).
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