the degradation of the free farmers; and that they prove the richer
classes of the Roman Empire to have become aware of the increased
value which landed property obtains when the cultivator had an
interest in the produce of the land. We know that their servitude was
predial; that it wanted many of the characteristics of absolute
slavery, and that they acquitted their service to the landlord in
rendering to him a fixed portion of the annual crop. We know further
that they survived all the mutations of society in the ancient and
modern worlds. Though included in the lower courses of the feudal
structure, they continued in many countries to render to the landlord
precisely the same dues which they had paid to the Roman _dominus_,
and from a particular class among them, the _coloni medietarii_ who
reserved half the produce for the owner, are descended the _metayer_
tenantry, who still conduct the cultivation of the soil in almost all
the South of Europe. On the other hand, the Emphyteusis, if we may so
interpret the allusions to it in the _Corpus Juris_, became a
favourite and beneficial modification of property; and it may be
conjectured that wherever free farmers existed, it was this tenure
which regulated their interest in the land. The Praetor, as has been
said, treated the Emphyteuta as a true proprietor. When ejected, he
was allowed to reinstate himself by a Real Action, the distinctive
badge of proprietory right, and he was protected from disturbance by
the author of his lease so long as the _canon_, or quit-rent, was
punctually paid. But at the same time it must not be supposed that the
ownership of the author of the lease was either extinct or dormant. It
was kept alive by a power of re-entry on nonpayment of the rent, a
right of pre-emption in case of sale, and a certain control over the
mode of cultivation. We have, therefore, in the Emphyteusis a striking
example of the double ownership which characterised feudal property,
and one, moreover, which is much simpler and much more easily imitated
than the juxtaposition of legal and equitable rights. The history of
the Roman tenure does not end, however, at this point. We have clear
evidence that between the great fortresses which, disposed along the
line of the Rhine and Danube, long secured the frontier of the Empire
against its barbarian neighbours, there extended a succession of
strips of land, the _agri limitrophi_, which were occupied by veteran
soldiers of the Roman army on the terms of an Emphyteusis. There was a
double ownership. The Roman State was landlord of the soil, but the
soldiers cultivated it without disturbance so long as they held
themselves ready to be called out for military service whenever the
state of the border should require it. In fact, a sort of
garrison-duty, under a system closely resembling that of the military
colonies on the Austro-Turkish border, had taken the place of the
quit-rent which was the service of the ordinary Emphyteuta. It seems
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account