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
Occasionally the word _mark_ denotes something larger than an estate,
and is applied to an entire province. What is the origin of this? In
the documents of the sixth and seventh centuries, in the writings of
Marius of Avenches, in the laws of the Alamanni and in those of the
Bavarians, and later on in the capitularies of Charles the Great,
_marca_ signified the frontier of a country.[115] Little by little
this word began to mean border-country, and so arose the expression
“the marches” of Spain, of Brittany, Carinthia, Austria, Brandenburg;
until almost every country had insensibly grown into a “march.” Must
we suppose from this, as Maurer would maintain, that the whole German
territory was mark-land from the very first? Not at all. We know the
origin of each of these marches, and almost the exact date at which
they came into existence. One belongs to the ninth century, another to
the tenth, and another was not created until the eleventh. To refer
them to a remote period of antiquity is an error which might easily
have been avoided.[116]
We may allow that Maurer proves easily and with abundant evidence that
the word _marca_ was often used; but what he had to prove was that this
_marca_ meant land held in common, and for this he has not, up to this
point, given the slightest evidence.
There are, on the contrary, thousands of documents showing that lands
within the mark were held as private property, and not in common.
In a deed of 711, Ermanrad gives away in perpetuity “thirty acres
which he owns in the _marca Munefred_,” and he adds that this land
is his “by inheritance from his grandmother.”[117] Another makes a
gift “of all he owns in the _marca Bettunis_, whether inherited from
his father or his mother.”[118] Maurer is ready to admit that arable
land was held as private property, but he will not allow that meadows
and forests could be held in the same way. We have seen, however, in
documents of the eighth or ninth centuries, that forests and pastures
were given away or sold in perpetuity, as well as arable land.[119] In
793 Rachilde makes a gift “of all that is his property in the _marca_
Dinenheimer; and this includes _mansi_, fields, meadows, pastures,
waters, and streams.”[120] Meginhaire, to take another case, gives
what he possesses in the villa Frankenheim and mentions “fields,
_mansi_, meadows, pastures, forests and streams.”[121] The same thing
is repeated in thousands of documents;[122] showing that a system of
private ownership was in force in the mark, as well as in the villa,
and that it extended to lands of every description.
This is the conclusion to which we are brought by the twenty documents
from the collections of _Traditiones_ referred to by Maurer. Not one
of them shows a trace of a community of the mark or of any other
community. All the twenty, like the thousands of documents Maurer
passes over, are simply deeds relating to private property.
Public-domain text, read in full here on John Shaqi.
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