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
I should like to learn, however, whether these _allmenden_ really
do come down from remote times. Our author tells us so, but without
bringing forward any kind of proof. He declares “that they go back to
the patriarchal period” (p. 291), “that they have lasted for thousands
of years” (p. 281). It is easy to say this; but on what evidence does
it rest? Private property exists in Switzerland, and our author cannot
point to any epoch in which it did not exist. If we examine the law of
the Burgundians and of the Alamanni, by which the country was first
governed, it is private property we find, not common ownership. If we
examine the charters down to the 12th century, we still find private
property. The _allmenden_ of to-day certainly date back some six or
seven centuries. Can they be traced farther back than that?
And what exactly are these _allmenden_? Do we see in them a system of
non-division of land, a system, that is, under which the land, being
considered the common property of the whole people, is not supposed
to belong to anyone individually? By no means. Private property is
in full force in Switzerland, side by side with the _allmenden_. The
_allmenden_ are only a part of the land of each village and indeed the
smallest part, a tenth, or, at most, a fifth. They are usually forests,
mountain pastures, or marshes, and include very little land capable of
cultivation. Private property is accordingly the dominant fact; common
ownership only concerns accessories.
The _allmenden_ are just what is to be found in every country; they
are the village commons. It would be interesting and instructive if we
could discover their origin, just as it is interesting to inquire into
the origin of the commons in France. But village commons do not in any
way prove a general system of common ownership; and no one has yet
been able to prove that they are the outcome of such a system. We know
that when the Romans founded a colony, they instituted private property
from the very first; but at the same time they reserved a portion of
the soil, which was to be the common possession of the new city. And
to go farther back, we know that Rome herself, from the time she first
appears in history, had an _ager publicus_ at the same time as _agri
privati_, and that the Greek cities also had a γῆ δημοσία. This public
land was in no way an indication that the people lived a single day
without individual estates. The _allmenden_ of Switzerland are commons
of the same character as we find everywhere else. Each village has its
own; and they are the property of the village, which sometimes sells
them, lets them to the highest bidder, or sells the wood upon them, to
defray the expenses of its school or church. Frequently the commons
are left for the inhabitants to use as they like; and they get wood
from them, graze their cattle there, or cultivate small portions. But
it is important to notice that only those who own land in the village
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