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
On the whole, we may conclude that the main features of the later
manorial system were of Roman origin, and that a large part--how large
we are unable to say--of the working population was of Provincial
blood. But it does not follow that every later manor represents a Roman
villa, or that all the Roman estates had the extent of the manors which
now represent them. In both of these directions there was opportunity
for much later development: many new manors were doubtless created on
new clearings, and many old manors were enlarged. It would be easy
enough to create fresh servile tenancies if there was a large body
of slaves; and such there certainly was even in the early centuries
of the English occupation. One of the most unfortunate consequences
of the mark theory has been to create a vague impression that any
condition lower than absolute freedom was altogether exceptional in
early English society. But we can hardly turn over the old English
laws without seeing that this could not have been the case. Not only
is there frequent reference to slaves, but manumission occupies as
prominent a position as in the Continental codes, was accomplished
by ceremonies of a similar character, and brought with it the same
consequence in the abiding subjection of the freedman to his former
master.[41] As on the Continent also, the Church interfered for the
slave’s protection, and endeavoured to secure for him a property in
the fruits of his labour.[42] It is not necessary to revert to the
discussion as whence this class came. It is enough to point to it as
explaining the extension of the manorial system. It will, however,
be noticed that every fresh proof that the conditions of society in
England were similar to those on the Continent strengthens the argument
of the preceding pages.
Public-domain text, read in full here on John Shaqi.
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