The workingman's advocate. [volume] (Chicago [Ill.]) 1864-1877, 1871-09-30
Whose is the Ina

has appeared during the century on "Land
Tenure" has just been published BY the
well known author Of the work on "Ancienl
Law" Mr., now Sir, Henry Summer
Paine. The latter volumne has become an
authority in the field which embraces the
historical connection of modern customs and
laws with the Roman law The author has
a wonderful capacity Of deep and close re-
search, and an insight into principles,
which mark him as one Of the first philoso.
phical writers on law of the present age
His present work bears the modest title
of Village Communities" It's object is,
however, sufficiently comprehensive, being
On effort to prove that the original tenure
of land in India-by communes or village
osmmunities-which has given such endless
trouble to British legislators in that coun-
try, had once its exact counterpart in Eng
land and throughyut Europe The volume
consists Of lectures. bat ii presents facts
sufficient to show that the present posses
sion Of land in England does not rest
alone, as was hitherto commonly supposed
on feudal rights and royal grants, bat sol
crates from an older period when each vil-
lage w4s Commune and held its lands
In ecmuAon tic ipdividual owneis either
recsiying the3f snare fFom tb5 communitr.
or taking It BY the strong naud from sbe
Commune, and acquiring it as feudal prop
erty, subject to service under baron OF
king. Thus the sacred character Of landed
property, as acquired under the divine right
of kings, or won by conquest from barbar
lans and heather, somewhat fades away.
1t proves to have been common property
once ; it was taken from the community by
fraud or violence the inference, of course,
which others will draw is, that under great
necessities of State it may be given back to
the community.
Mr.. Maine shows that for many centuries
the village retained its rights in some Eng
lish counties over the pasture and arabic
lands which were i" common" sometimes
owning pieces Of land, inserted between
private estates. and at others having pre-
scriptive right over extended and separate
forests or meadow or pasture lands. The use
commons became Of increasing Importance
to laboring classes as they supplied them
with trewoOd or pasture, or even gardens,
and yet they have been gradually curtail-
ed and inclosed. Professors Fawcett, a
member Of Parliament, in writing recent
ly Of pauperism in England. shows that
one cause Of it, aud one oppression contin-
ually exercised on the poor, is the inclous-
ure and curtailment of these old common
lands" He estimates that since the year
100 over 1900, 900 acres have been
withdrawn by acts of Parliament from
these commons, and therefore from use
and enjoyment by the poor. These last
relics Of the ancient commons, It need not
be said, have mainly gone to swell the es-
tates Of the rich and the aristocracy.
Mr.. Maine also shows that the same ten
ure Of land-the community Of land pre-
vailed over the greater part Of Europe be-
fore the feudal system. And, though be
does not mention it, he might have stated
that this ancient community Of property
still survives among the Magyars Of Hun
gary and the Slavonians of Russia. To
our surprise, be proves that the Puritans had
it in Massachusetts, and that in certain set.
Elements the village authorities owned al
land in common and allotted it equally "a
members Of their village, afterward exclud
ing strangers from this right. The original
tenure Of land, accordingly, 10 such dis.
tant countries as India, Hungary, Eng
land, and New England, is shown tc
have been primarily the same-the com
munistio.
This, though an extremely interesting
conclusion in a philosophical and perbap,
a legal view, would have been Of little in
terest to the general public had il not been
10 singular harmony with the views of tbt
" land reformers" IN England. These agi
tatOrs. led BY no less profound q thinker
than Mr.. Mill, are anxious to promote the
redistribution Of land in Great Britain, in
order to lessen the power of the aristocracy
and to remove the danger of psuperism and
communism. They desire to make the
English people, like our own, "a landed
democracy" to break up primogeniture and
entail to lessen the superfuous landed es
tates, now devoted to hunting or shooting
grounds to facilitate all transfer Of real 90
tate and they hint darkly Of further and
more radical measures, whereby the own
ership of an article which ought 10 belong
to ali shall be limited in amount or dura
ton.
Mr.. Mill has always held that land va
different from any other property. lie nov
hopes to legally deins its distinctive char
acter. and open il more to the possession Q
all The opinion Of great legal author
ty that land was once in common in Englan'
comes in noa to aid these agitatoTs. A lon
and hot discussion, and mach agitstion,
in store for thu English people over tb
great qusssiOu, = How shall land bs dil
'ributedS" aii 7it e Lils H. 50 81