The English Village Community: Examined in its Relations to the Manorial and Tribal Systems and to the Common or Open Field System of Husbandry; An Essay in Economic History (Reprinted from the Fourth Edition)Seebohm, Frederic
History
The English Village Community: Examined in its Relations to the Manorial and Tribal Systems and to the Common or Open Field System of Husbandry; An Essay in Economic History (Reprinted from the Fourth Edition)
Seebohm, Frederic
Village communities -- Great Britain
Thus the 'villa,' 'heim,' or 'manor,' seems to have been the usual
fiscal and judicial territorial unit under Frankish rule, as the
manor once was and the parish now is in England. And this alone seems
to afford a satisfactory explanation of the use of the word 'villa'
in the early Frankish capitularies, and in the Salic laws. It is
there used apparently for both private estates and the smallest usual
territorial unit for judicial or fiscal purposes.[355]
When a law speaks of a person attacking or taking possession of the
'villa' of another, the 'villa' is clearly a private estate. But when
it speaks of a [p260] crime committed 'between two villas,' the word
seems to be used for a judicial jurisdiction, just as if we should
say 'between two parishes.'
This double use of the word becomes intelligible if 'villa' may be
used as 'manor,' and if the whole country--the _terra regis_ with the
rest--were divided in the fifth century into 'villas' or 'manors,'
but hardly otherwise.
The remarkable passage in the Salic laws '_De Migrantibus_,' which
provides that no one can move into and settle in another 'villa'
without the license of those 'qui in villa consistunt,' but that
after a twelvemonth's stay unmolested he shall remain secure, 'sicut
et alii vicini,' seems at first sight to imply a _free village_.[356]
But another clause which permits the emigrant to settle if he has
the royal 'præceptum' to do so,[357] suggests that the 'villa' in
question was one of the royal 'villas'--a 'villa fiscalis' in the
demesne of the Crown.[358]
«_Ham_ and _villa_ in the Salic laws,»
The Salic law has come down to us in Latin versions, but the Malberg
glosses contain some indications that the word _villa_ was used as
a translation of variations of the word _ham_, then applied by the
Franks to both kinds of _villas_ in the manorial sense.
The old tradition recorded in the prologue to the [p261] later
versions of the Salic laws, whatever it be worth, attributes their
first compilation to four chosen men, whose names and residences are
as follows:--Uuisogastis, Bodogastis, Salegastis, Uuidogastis, _in
loca nominancium_, Bodochamæ, Salchamæ, Uuidochamæ.
In another version of the prologue instead of the words '_in loca
nominancium_,' the reading is '_in villis_,' and the termination of
the names is 'chem,' 'hem,' and 'em.'[359]
«and in the Malberg glosses.»
Public-domain text, read in full here on John Shaqi.
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