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
One of the most important documents instanced by Maurer is a deed of
the year 1150, in which mention is made of a forest called _allmend_,
“where the peasants often go and which is common to them.” To judge
from this phrase, apart from its context, we might suppose that we
have here to do with a mark, that is to say, with land owned in common
by a group of cultivators. But if we read the whole document we find
that it is a case where an entire villa belongs to three brothers “by
inheritance from their ancestors;” that they are making a gift of it
to a monastery,[147] and at the same time transferring their rights
over a forest adjoining the domain. “This forest,” they say, “called
in the vulgar tongue _allmend_, is frequented by the peasants, and
is used in common by them and us.”[148] But these peasants are their
tenants; though free in 1150, they had once been the _coloni_, serfs or
_villani_ of the proprietor; and what proves this is that the authors
of the deed from which we are quoting, add that one of their ancestors
granted these men “civil rights” and a charter; and they take care to
insert this charter in the deed so that it may be respected by the new
owner.[149] Here, then, is an instance in which peasants have certain
rights of use over a forest, but rights which are assuredly not derived
from a time when these men were owners of the forest. Some generations
before, the whole domain had belonged to a single owner and these
people had been his servants; they enjoyed certain rights in the forest
as tenants, and these were left to them when they became free men.[150]
Public-domain text, read in full here on John Shaqi.
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