The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
A trace of this custom survives in the rule by which a
conquered nation must buy back from the victorious generals all the
bells in the cities they have taken.
Analogous resemblances may be found in the juridical regulation of
property. The primary division of property in feudal law is that
into feudal goods and allodial goods. Allodial tenure was in origin
a highly secure right, unencumbered by any external charge, even a
public one; and applied to property directly acquired or conquered by
the patricians or barons. Feudal tenure required the approval of the
lord by whom it had been granted. Allodial tenure thus corresponded to
quiritary _ex optimo iure,_ and feudal to bonitary; and it was only
when later in modern Europe as previously in ancient Rome a new census
and treasury were formed, and when allodial property was made subject
to public charges, that it could be contemptuously described as "goods
of the spindle" as opposed to feudal, "goods of the lance." Thus, to
take an example, the provinces which were later incorporated into the
French kingdom had formerly been sovereign principalities feudally
dependent upon the ruler of the said kingdom; their sovereign princes
being free from all public charge in the tenure of their (allodial)
possessions. Later, when through succession, rebellion or failure of
heirs these provinces became part of the kingdom, the property was
made liable to taxation and tribute; the tenure _ex optimo iure_ was
confused with private non-feudal tenure subject to these charges, and
allodials in the noble sense of the word were identified with allodials
in the common sense. The later students of feudalism missed the point
of the primitive distinction just as the late Roman jurists forgot
the meaning of tenure _ex optimo iure._ To the feudal tenure belonged
emphyteosis (so that the allodial right ultimately signified both what
the vassal paid to the sovereign and the planter to his immediate
lord): "commendations," identical with the ancient _clientela_: the
"census" by which the vassals were bound to serve their lords in war
(the tributaries, _angarii_ or _perangarii,_ being equivalent to the
Roman _assidui_): the _"precaria,"_ which must originally have been
land granted by lords in response to the prayers of the poor: and
"_libelli_" or transferences of non-movable property which in this
agricultural economy took the place of commerce. The exclusion of women
from inheritance, which went back to the beginnings of Roman law, was
renewed in the form of the "salic law" in Germany and among all the
early barbarian nations of Europe, though it preserved its force only
in France and Savoy.
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