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
Maurer refers to many other documents;[112] a charter of Louis the
Pious, a deed of 748 given by Grandidier, six deeds of 768, 778, 790,
794, 796 and 811 quoted by Schœpflin, and a diploma of 812 in the
collection of Neugart. But what do we gather from all this evidence?
Every one of these documents is a deed of donation in perpetuity; in
every case it is the donation of land situated in a locality described
indifferently as _villa_, _finis_ or _marca_: _in fine vel in villa
Berkheimmarca_; _in fine vel marca Angehisesheim_; _in villa vel in
fine Heidersheim marca_; _in villa Gebunvillare seu in ipsa marca_;
_dono portionem meam quæ est in marca Odradesheim_; _in loco et in
marca Hortheim_; _in curte vel in marca Ongirheim_; _quidquid in
ipso loco et ipsa marca habeo_. All these expressions are synonymous
and recur again and again. In 803 Ansfrid makes a gift of whatever
he owns _in marca vel villa Sodoja_ and also _in villa vel marca
Baldanis_.[113] All these quotations prove no more than this, that the
word _mark_, after being originally used in the sense of a boundary
of a domain, afterwards came to mean the domain itself; a change in
the use of a word, which is familiar enough to students of philology.
The same thing has happened with the synonymous terms _finis_ and
_terminus_. In Gaul, _villa_ Elariacus and _terminus_ Elariacus are
used indifferently; as are Longoviana _villa_ and Longoviana _finis_.
In Germany _villa_ or _marca_ are used in the same way. In the examples
given by Maurer, I recognise the existence of the mark, but of a mark
which was the same thing as a villa, that is a private estate.[114]
Maurer has mistaken private domains for common lands.
In the thousands of documents in the collections of the _Traditiones_
the name of the domain, which the donor owns either in whole or part,
is always given. And we may say that, roughly speaking, out of eight
instances we shall find it called _villa_ seven times and _marca_ once,
and that there is no other difference between the two sets of documents.
Another fact has escaped Maurer’s notice, and that is that these marks
frequently bear the name of their owner. It is well known that this was
the usual custom with the _villæ_ of Gaul,--_villa Floriacus_, _villa
Latiniacus_, _Maurovilla_, _Maurovillare_; and in the same way we have
many instances of names like _marca Angehises_, _marca Baldanis_,
_marca Munefridi_, _marca Warcharenheim_, _Droctegisomarca_. The
resemblance is noteworthy. In the study of history observation is worth
more than all the theories in the world.
Public-domain text, read in full here on John Shaqi.
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