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
If, however, we suppose that Southern Britain was divided during the
period of Roman rule into estates cultivated by dependent tenants and
slaves, there is much that would lead us to believe that the Roman
agricultural system was retained by the English conquerors; even
though, in the present state of our knowledge, we cannot directly
prove continuity. The first and most important consideration is this:
the English manorial system was substantially, and, indeed, in most
of its details, similar to that which prevailed during the Middle
Ages in Northern France and Western Germany. But these Continental
conditions--it has, I think, conclusively been proved--were the direct
continuation of conditions that had prevailed under Roman rule.[28]
The natural conclusion is that what is true of the Continent is
true also of England. This conviction is confirmed by looking at
two of the fundamental characteristics of the English manor. The
distinction between land _in villenage_ and land _in demesne_--the
latter cultivated by the tenants of the former, but yet kept in the
lord’s hands--is to be found in the mediæval manor, and in the
Roman villa.[29] It is not to be found either in the tribal system
of Wales,--which we may look upon as indicating the condition to
which the Celtic inhabitants of Britain might have arrived if left
to themselves; nor in Tacitus’ account of the ancient Germans, which
probably furnishes us in general outline with a picture of the social
organisation which the English brought with them. Both in Wales and
among the ancient Germans there were slaves working in their masters’
houses, or on their farms, and there were also servile tenants paying
dues in kind; but in neither case was there an obligation on the part
of a tenant to labour on any other land than his own holding.
Public-domain text, read in full here on John Shaqi.
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