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
have any rights of enjoyment over the _allmend_. I refer chiefly to
the condition of things before the last forty years; for only quite
recently have such rights been extended to mere residents and the
inhabitants generally. In essential characteristics the _allmend_ is
not common property; it does not belong to all; it is held in common
by people who are already owners of land. It is an appendage of private
property.
M. de Laveleye has written some beautiful passages on the usefulness
of these commons, on the mistake which has been made in France in
their general alienation, and on the happy results produced by them in
Switzerland, both in almost entirely preventing the growth of absolute
destitution and in attaching the poorest peasant to his native soil.
These considerations are just, profound, and inspired by generous
feeling, although but little applicable to modern society. But we are
now considering them in relation to the supposed common ownership of
land; with that the _allmenden_ have nothing to do, and they prove
nothing as to its earlier existence.
9. M. de Laveleye finally refers to the Scotch townships as a proof
of primitive community.[240] In the more distant parts of Scotland,
especially in certain islands lying to the north-west, we find groups
of people who hold the land of a village in common and divide it
amongst themselves in separate lots every year. Is this a system of
land communism, or, as it is called, collective ownership? At the first
glance one would think so. But if you are not satisfied with a first
glance and look further, you will observe that the village belongs to
a single person, the landlord. The peasants are nothing more than the
cultivators. M. de Laveleye cannot help recognising this: “The land
of the village,” he says, “is let to them by the owner.” Again: “The
land does not belong to them; it is the property of a landlord to whom
they pay rent for it.” The cultivators act together as an association
“with the consent of the landlord;” and there are villages in which the
landlord does not allow this collective system of occupation. “They
have a head who is generally appointed by the landlord.” The rent is
paid collectively. We have a description of the _township_ in a work
published recently. The house of the lord, the _domus dominica_ of
our charters, stands in the centre of the village, by the side of the
church.[241] It is built of stone; and around it, at a little distance,
stand the dwellings of the “villeins,” built of mud and thatched with
straw. The villeins owe their lord rent and certain personal services.
Public-domain text, read in full here on John Shaqi.
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