The Bavarian law indicates still more clearly the meaning of the word. Speaking of a man who takes a slave over the borders, it expresses it by _extra terminos hoc est extra marcam_.[68] It is impossible more clearly to indicate that the German word _mark_ is synonymous with the Latin word _terminus_. Another passage from the Bavarian laws proves that _mark_ was also used for the boundary of a private estate. Under the rubric, _De terminis ruptis_, it says that if two neighbours are at variance about their boundary, the judges ought first to examine whether the boundary is indicated by visible landmarks, such as marks on trees, hillocks or rivers. Now these two neighbours who have a common boundary are termed in the law _commarcani_.[69] Maurer, it is true, supposes that by this word is meant “men who dwelt in the same mark, the same common territory,” but he would not have fallen into this error had he noticed that the same clause in the very next line expressly tells us that we have here to do with private property, with land that has been inherited; for each of the disputants makes a declaration that he has inherited his lands from his ancestors.[70] Here we have, then, precisely the opposite of mark in the sense of land held in common. Two neighbouring landowners are at law about their boundaries. _Commarcani_ is analogous to _confines_, which we find elsewhere; it is used of two men who have the same _marca_, the same _finis_, that is, a common boundary. That the _mark_ was a district possessed in common by a number of persons there is not a trace in German law. But are there not, at any rate, vestiges of some kind of common ownership? Maurer maintains that there are; and as evidence brings forward three instances, all taken from the Burgundian law: in section 13 he finds the words _in silva communi_; in section 31, _in communi campo_; and in section 1 of the “additamentum,” _silvarum et pascuorum communionem_.[71] This is quite sufficient to convince some readers. Is not the word _communis_ enough? And yet, let us make sure of our quotations, and with each of them let us look at the context.