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
We may perhaps state the problem thus. In the mediæval manor there were
two elements, the _seigneurial_--the relations of the tenants to the
lord; and the _communal_--the relations of the tenants to one another.
The mark theory taught that the seigneurial was grafted on to the
communal. The value of the work of M. Fustel de Coulanges and of Mr.
Seebohm is in showing that we cannot find a time when the seigneurial
element was absent; and also in pointing to reasons, in my opinion
conclusive, for connecting that element with the Roman villa. But the
communal element is still an unsolved mystery. Among the difficulties
which lie on the surface in M. Fustel’s treatment of the question,
it may be worth while to mention two. He insists that the _villa_
itself, from the earliest time at which it appears, has a unity which
it retains throughout.[49] This seems to suggest some earlier economic
formation out of which it arose; for if the villas were originally
nothing more than private estates, like the estates formed in a new
country in our own day, they would hardly have had such a fixity of
outline. Then, again, nothing is more characteristic of the later manor
than the _week-works_, the labour performed by each villein for two or
three days every week on the lord’s demesne. But such week-works do
not appear in mediæval documents until A.D. 622.[50] M. Fustel hardly
realises that a fact like this requires explanation; or, indeed, that
such services were far more onerous than any he describes in the case
of the earlier _coloni_.
Difficulties such as these can only be satisfactorily overcome by
taking into account both sides of the subject--the economic as well
as the constitutional or legal. Side by side with a development which
combined together gangs of slaves and the households of dependent
coloni into the homogeneous class of serfs, and then went on to make
out of the mediæval serf the modern freeman, another series of changes
was going on of which M. Fustel de Coulanges says nothing. It was the
development from a “wild field grass husbandry,” where a different
part of the area in occupation was broken up for cultivation from time
to time, to the “three-field system” with its permanent arable land
pasture, and then again from that to the “convertible husbandry” and
the “rotation of crops” of more recent times. The task for the economic
historian is to put these two developments into their due relation the
one to the other.
Public-domain text, read in full here on John Shaqi.
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