The Origin of Property in Land: With an introductory chapter on the English manor by W. J. Ashley — John Shaqi
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
are scattered all over the southern counties of England,[21] far
too closely adjacent one to another to allow us to think of the life
of Britain as “mainly military,” or to look upon Britain as “a Roman
Algeria.”[22] It would be absurd to suppose that these villas were
all the residences of wealthy officers or of provincials who derived
their income from official emoluments. We should be justified, even
if we had no direct information, in supposing that the _villa_ meant
in Britain very much what it meant in Gaul and elsewhere; but, as it
chances, a decree of Constantine of the year 319 does actually mention
_coloni_ and _tributarii_ as present in England;[23] and both these
terms indicate classes which, whether technically free or not, were
none the less dependent on a lord and bound to the soil. And we can
readily see how such a class would grow up. Some of the _coloni_ may,
as in Italy, have originally been free leaseholders, who had fallen
into arrears in the payment of their rent. But there is no necessity
for such a supposition. Among the Gauls, as Cæsar tells us, the only
classes held in honour were the druids and the knights (equites). “The
people” (plebes), he says, “are regarded in much the same light as
slaves, without any initiative or voice in public affairs; and many
of them are forced by debt, or the pressure of taxation, or even by
violence, actually to become the slaves of the more powerful.”[24] In
all probability the Romans found “knights” and “people” in the same
relative position in Britain; and, indeed, when the unconquered tribes
of Ireland and Wales come within the ken of history we find among them
a large class of servile cultivators below the free tribesmen.[25]
Whatever may have happened to the “knights,” the “people” would easily
become serfs bound to the soil on the various villas. Then, again, it
must be noticed that it was the constant policy of the Roman emperors
to provide for the needs both of agriculture and of military service by
transporting conquered barbarians to distant provinces, and settling
them on vacant or uncultivated lands. M. Fustel de Coulanges in his
_Recherches_[26] shows that these barbarians were by no means turned
into peasant proprietors; they became tenants, bound to the soil, upon
the imperial domains or the estates of great proprietors. Britain
enjoyed its share of the fruits of this policy; for in the later part
of the second century Antoninus sent to Britain a number of Marcomanni;
a century later, Probus transported hither a number of Burgundians and
Vandals; and Valentinian, still a century later, sent a tribe of the
Alamanni.[27] There is, therefore, no difficulty in accounting for the
growth of a population of prædial serfs during the period of Roman rule.
Public-domain text, read in full here on John Shaqi.
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