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
The allusion to the division of the fields into strips, and to the
unit of land measurement being the day's work of a pair of oxen,
and, we may add, the use of the same unit of measurement throughout
the Turkish Empire,[471] may at least prepare us to find [p316]
indications of a somewhat similar system of cultivation on the tithe
lands on the Danube and the Rhine when we come to examine their
conditions under the early Alamannic and Bavarian laws.
And, lastly, this Eastern illustration of the modern management of
'tithe lands' may help us to give due weight to the suggestion of Sir
H. S. Maine[472] that not only on the 'ager publicus,' but even on
the Roman provincial villa itself, in the organisation of the mostly
barbarian and servile tenants, and of the husbandry, many features
may well have been borrowed from ordinary and wide-spread customs
of barbarian communities, thus partially explaining what must again
and again strike us in this investigation, viz., the ease with which
Roman and barbarian elements combined during the later Roman rule
of the provinces and afterwards in producing a complex and joint
result--the typical manorial estate.
X. THE TRANSITION FROM THE ROMAN TO THE LATER MANORIAL SYSTEM.
«Laws of the Alamanni, A.D. 622.»
The Alamannic conquest of the province of _Germania Prima_, including
what is now Elsass and the western part of the 'Agri Decumates,'
may be described as almost a passive one. The population had long
been partly German, and Roman provincial usages can hardly have been
altogether supplanted in the fifth century. It was not till the
Alamanni were themselves [p317] conquered by the Franks (who had
in the meantime become nominally Christian) that their laws were
codified. When this took place in the year 622 it was with special
reference to the interests of the Church that the laws were framed,
just as in the case of the first codification of Anglo-Saxon laws on
King Ethelbert becoming a Christian.
«Permission to surrender to the Church.»
The very first provision of the Alamannic laws was a direct
permission to any freeman, without hindrance from 'Dux' or 'Comes,'
to surrender his property and himself to the Church by charter
executed before six or seven witnesses; and it provided further that
if he should surrender his land, to receive the usufruct of it back
again during life as a benefice charged with a certain tribute or
census, his heir should not dispute the surrender.[473]
In the Bavarian laws of slightly later date there is a similar
permission to any freeman, _from his own share, after he has made
division with his sons_, to surrender to the Church _villas_,
_lands_, _slaves_, or other property, to be received back as a
_beneficium_ in the same way,[474] and neither 'rex,' 'dux,' nor 'any
other person' is to prevent it. [p318]
Public-domain text, read in full here on John Shaqi.
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