The Origin of Property in Land: With an introductory chapter on the English manor by W. J. AshleyFustel de Coulanges
History
The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley
Fustel de Coulanges
Land tenure -- Law and legislation -- History; Manors -- Great Britain; Real property -- History
M. de Jubainville also alleges that Cæsar does not make use of the
terms _villæ_ and _fundus_ in speaking of the Gauls; and he concludes
from this that neither country estates, _fundi_, nor farms, _villæ_,
were to be found in Gaul. “Before the conquest there were neither
_fundi_ nor _villæ_, and the land was in common.”[252] This is another
surprising statement. M. de Jubainville should not have overlooked the
fact that even if these two words do not occur in Cæsar, we find terms
which are precisely synonymous. The Romans had more than one word to
designate a country estate, _fundus_, or a farm, _villa_. Instead of
_fundus_ they sometimes said _ager_; and _ager_ always bears this sense
in Cato, Varro, and Columella, and frequently in Cicero and Pliny.
Instead of _villa_ they said _ædificium_. When Varro or Columella are
speaking of the buildings standing in the midst of an estate, they use
_ædificium_ as often as _villa_. Turn to the _Digest_ (Bk. L. Section
XVI.) and compare the three fragments 27, 60, and 211; and you will
recognise that the Romans were in the habit of calling a domain _ager_
and the buildings on it _ædificium_. Now Cæsar, in speaking of the
Gauls, often uses the word _agri_ and still more often _ædificia_. Here
are the domains and the _villæ_ which M. de Jubainville was looking
for. These _ædificia_ were farms, not huts. They contained as a rule
a somewhat numerous rural population; for Cæsar notes in one instance
as something exceptional “that he found in the _ædificia_ of the
Bellovaci only a small number of men, as almost all had set out for the
war” (viii. 7). They also included barns for the storing of crops; for
the historian mentions “that the Tencteri, having invaded the country
of the Menapii, supported themselves for several months on the corn
that they found in the _ædificia_” (iv. 4). The Roman general was well
aware that if he wished to find forage for his cavalry he must look for
it in these farms, _pabulum ex ædificiis petere_ (vii. 4, and viii.
10). What Cæsar says about the _ædificium_ of Ambiorix shows that it
was a large enough building to lodge a numerous body of followers. And
so the words _ager_ and _ædificium_ take the place in Cæsar of the
words _fundus_ and _villa_, and disprove the assertion that “the Gauls
had neither domains nor farms before the conquest.”
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