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
[453] Tacitus, _Annals_, iv. 72. 'In the course of the year the
Frisians, a people dwelling beyond the Rhine, broke out into open
acts of hostility. The cause of the insurrection was not the restless
spirit of a nation impatient of the yoke; they were driven to despair
by Roman avarice. A moderate tribute, such as suited the poverty
of the people, consisting of raw hides for the use of the legions,
had been formerly imposed by Drusus. To specify the exact size and
quality of the hide was an idea that never entered into the head
of any man till Olennius, the first centurion of a legion, being
appointed governor over the Frisians, collected a quantity of the
hides of forest bulls, and made them the standard both of weight
and dimensions. To any other nation this would have been a grievous
burden, but was altogether impracticable in Germany, where the cattle
running wild in large tracts of forest are of prodigious size, while
the breed for domestic uses is remarkably small. The Frisians groaned
under this oppressive demand. They gave up first their cattle, next
their lands; and finally were obliged to see their wives and children
carried into slavery by way of commutation. Discontent arose, and
they rebelled,' &c.
[454] _Hist._, f. 369.
[455] Salvian, _De Gubernatione Dei_, ib. v. s. vi.–viii.
[456] 'Hoc enim pacto aliquid parentibus temporarie attribuitur, ut
in futuro totum filiis auferatur'--Salvian, s. viii.
[457] The above is only an abridged summary of the lengthy
declamation of Salvian. See Gregory of Tours, '_De Miraculis S.
Martini_,' iv. xi. (1122), where a surrender is mentioned. 'Tradidit
ei omnem possessionem suam, dicens: "Sint hæc omnia penes S^{ti.}
Martini ditionem quæ habere videor, et hoc tantum exinde utar, ut de
his dum vixero alar."'
[458] Lib. ii. Tit. i. 36. 'Is ad quem ususfructus fundi pertinet,
non aliter fructuum dominus efficitur, quam si ipse eos perceperit;
et ideo, licet maturis fructibus nondum tamen perceptis decesserit,
ad heredem ejus non pertinent, sed domino proprietatis adquiruntur.
_Eadem fere et de colono_ dicuntur.
[459] Rudorff, ii. 317.
[460] _Syrisch-Römisches Rechtsbuch._ Aus dem fünften Jahrhundert.
Leipzig, 1880.
[461] _Early Law and Customs_, p. 260.
[462] S. 1, s. 9, and s. 27.
[463] _Inst. Just._ ii. xviii. 53, and
compare Sandars' note on this passage.
[464] _Syrian Code_, s. 3.
[465] See also _Lex Burgundiorum_, i. 2, 'Si cum filiis deviserit
et portionem suam tulerit, . . .' and id. xxiv. 5 and li. 1 and 2.
Also 'Urkunden' of St. Gall, No. 360. 'Quicquid contra filios meos
in portionem et in meam swascaram accepi.' See also Sir H. Maine's
_Ancient Law_, pp. 198, 224, 228.
[466] _Reports on Tenure of Land_, 1869–70, p. 226. Just. Nov. 18.
[467] See _Syrian Code_, s. 50.
[468] See the parable of 'The unjust steward,' and _supra_, p. 145.
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