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with the old regime, fully confirmed this law (on the 14th of December, 1789), and the bourgeois du village had now their turn for the plunder of communal lands, which continued all through the Revolutionary period. Only on the 16th of August, 1792, the Convention, under the pressure of the peasants’ insurrections, decided to return the enclosed lands to the communes;256 but it ordered at the same time that they should be divided in equal parts among the wealthier peasants only⁠—a measure which provoked new insurrections and was abrogated next year, in 1793, when the order came to divide the communal lands among all commoners, rich and poor alike, “active” and “inactive.”

These two laws, however, ran so much against the conceptions of the peasants that they were not obeyed, and wherever the peasants had retaken possession of part of their lands they kept them undivided. But then came the long years of wars, and the communal lands were simply confiscated by the State (in 1794) as a mortgage for State loans, put up for sale, and plundered as such; then returned again to the communes and confiscated again (in 1813); and only in 1816 what remained of them, i.e. about 15,000,000 acres of the least productive land, was restored to the village communities.257 Still this was not yet the end of the troubles of the communes. Every new regime saw in the communal lands a means for gratifying its supporters, and three laws (the first in 1837 and the last under Napoleon III) were passed to induce the village communities to divide their estates. Three times these laws had to be repealed, in consequence of the opposition they met with in the villages; but something was snapped up each time, and Napoleon III, under the pretext of encouraging perfected methods of agriculture, granted large estates out of the communal lands to some of his favourites.

As to the autonomy of the village communities, what could be retained of it after so many blows? The mayor and the syndics were simply looked upon as unpaid functionaries of the State machinery. Even now, under the Third Republic, very little can be done in a village community without the huge State machinery, up to the préfet and the ministries, being set in motion. It is hardly credible, and yet it is true, that when, for instance, a peasant intends to pay in money his share in the repair of a communal road, instead of himself breaking the necessary amount of stones, no fewer than twelve different functionaries of the State must give their approval, and an aggregate of fifty-two different acts must be performed by them, and exchanged between them, before the peasant is permitted to pay that money to the communal council. All the remainder bears the same character.258

What took place in France took place everywhere in Western and Middle Europe. Even the chief dates of the great assaults upon the peasant lands are the same. For England the only difference is that the spoliation was accomplished by separate acts rather than by general sweeping measures⁠—with less haste but more thoroughly than in France. The seizure of the communal lands by the lords also began in the fifteenth century, after the defeat of the peasant insurrection of 1380⁠—as seen from Rossus’s Historia and from a statute of Henry VII, in which these seizures are spoken of under the heading of “enormitees and myschefes as be hurtfull⁠ ⁠… to the common wele.”259 Later on the Great Inquest, under Henry VIII, was begun, as is known, in order to put a stop to the enclosure of communal lands, but it ended in a sanction of what had been done.260 The communal lands continued to be preyed upon, and the peasants were driven from the land. But it was especially since the middle of the eighteenth century that, in England as everywhere else, it became part of a systematic policy to simply weed out all traces of communal ownership; and the wonder is not that it has disappeared, but that it could be maintained, even in England, so as to be “generally prevalent so late as the grandfathers of this generation.”261 The very object of the Enclosure Acts, as shown by Mr. Seebohm, was to remove this system,262 and it was so well removed by the nearly four thousand Acts passed between 1760 and 1844 that only faint traces of it remain now. The land of the village communities was taken by the lords, and the appropriation was sanctioned by Parliament in each separate case.

In Germany, in Austria, in Belgium the village community was also destroyed by the State. Instances of commoners themselves dividing their lands were rare,263 while everywhere the States coerced them to enforce the division, or simply favoured the private appropriation of their lands. The last blow to communal ownership in Middle Europe also dates from the middle of the eighteenth century. In Austria sheer force was used by the Government, in 1768, to compel the communes to divide their lands⁠—a special commission being nominated two years later for that purpose. In Prussia Frederick II, in several of his ordinances (in 1752, 1763, 1765, and 1769), recommended to the Justizcollegien to enforce the division. In Silesia a special resolution was issued to serve that aim in 1771. The same took place in Belgium, and, as the communes did not obey, a law was issued in 1847 empowering the Government to buy communal meadows in order to sell them in retail, and to make a forced sale of the communal land when there was a would-be buyer for it.264

In short, to speak of the natural death of the village communities in virtue of economical laws is as grim a joke as to speak of the natural