Then, again, in regard to proprietary rights over immovables (the
principal kind of property in a rude age) these rights were of very
varying extent and duration. By the Jewish law property in immovables
was only a temporary concession; on the Sabbatical year it returned to
the common stock to be redistributed; though we may surmise that in
the historical times of the Jewish state this rule may have been
successfully evaded. In many countries of Asia, before European ideas
intervened, nothing existed to which the expression property in land,
as we understand the phrase, is strictly applicable. The ownership was
broken up among several distinct parties, whose rights were determined
rather by custom than by law. The government was part owner, having
the right to a heavy rent. Ancient ideas and even ancient laws limited
the government share to some particular fraction of the gross produce,
but practically there was no fixed limit. The government might make
over its share to an individual, who then became possessed of the
right of collection and all the other rights of the state, but not
those of any private person connected with the soil. These private
rights were of various kinds. The actual cultivators or such of them
as had been long settled on the land, had a right to retain
possession; it was held unlawful to evict them while they paid the
rent--a rent not in general fixed by agreement, but by the custom of
the neighborhood. Between the actual cultivators and the state, or the
substitute to whom the state had transferred its rights, there were
intermediate persons with rights of various extent. There were
officers of government who collected the state's share of the produce,
sometimes for large districts, who, though bound to pay over to
government all they collected, after deducting a percentage, were
often hereditary officers. There were also, in many cases village
communities, consisting of the reputed descendants of the first
settlers of a village, who shared among themselves either the land or
its produce according to rules established by custom, either
cultivating it themselves or employing others to cultivate it for
them, and whose rights in the land approached nearer to those of a
landed proprietor, as understood in England, than those of any other
party concerned. But the proprietary right of the village was not
individual, but collective; inalienable (the rights of individual
sharers could only be sold or mortgaged with the consent of the
community) and governed by fixed rules. In mediaeval Europe almost all
land was held from the sovereign on tenure of service, either military
or agricultural; and in Great Britain even now, when the services as
well as all the reserved rights of the sovereign have long since
fallen into disuse or been commuted for taxation, the theory of the
law does not acknowledge an absolute right of property in land in any
individual; the fullest landed proprietor known to the law, the