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
What strikes one with astonishment in the writings of Maurer and his
disciples is that they omit and leave altogether out of sight a fact
which is of vital importance and rests on abundant evidence: the
existence of great estates in the early centuries of the Middle Ages.
They disregard also the existence of _coloni_ and of slaves. But these
were to be found not only in Gaul, but even in Germany. Tacitus himself
describes the cultivation of the soil in Germany by serfs.[151] He
gives a picture of a society full of inequalities, including rich and
poor, nobles and simple freemen, freedmen and slaves; and he remarks
this peculiar characteristic, that the Germans--those of them who
were free, that is--did not themselves cultivate their land, but left
the work “to the weakest of their slaves.”[152] Later on we see in
the laws of the Burgundians that proprietors of land have _coloni_
to cultivate their estates;[153] they have slaves;[154] they have
on each estate a manager, _actor_, or a farmer, _conductor_.[155]
When the Burgundian king makes a present to one of his warriors,
it is not a small field that he gives him, but “an estate with its
slaves.”[156] The laws of the Alamanni also indicate the existence
of large estates. As to those belonging to the king and the church
the laws give particularly clear information, and show that they were
cultivated by slaves, or by _coloni_ who paid a yearly rent in produce
or labour.[157] We may suppose that lands of the same character were
also in the hands of private persons; for reference is made to their
slaves, and in such a way as to show that they were numerous.[158]
Moreover, the laws speak of slaves holding portions of land, with
house, stable and barn,[159] by the side of the house and barn of the
owner.[160] In the laws of the Bavarians, the same classes of _coloni_
and slaves make their appearance. Amongst the Thuringians, Frisians
and Saxons, there are slaves and _liti_; and neither of these classes
is quick to disappear, for they are still to be found in the documents
of the Middle Ages, and to be found cultivating holdings which belong
to an owner and for which they pay dues.[161] It is also noticeable
in the greater part of these documents, that the owner declares that,
in giving or selling his land, he gives or sells at the same time
the slaves, freedmen, _coloni_, _liti_; in a word, all who actually
worked on the land.[162] The number of slaves is considerable. Thus
in a deed of 863, Ansfrid makes a grant of an estate and sixty-four
slaves.[163] In 786, Warinus presents the Abbey of Fulde with a
_marca_, which contains thirty _hubæ_ and three hundred and thirty
slaves.[164] Some one else, in 787, gives the lands that he owns in the
_marca_ of Wangheim, and, at the same time, the sixty-two slaves who
cultivate them.[165] Walafrid, in another _marca_, gives twenty-eight
slaves.[166] In 815, we find a man of middle rank possessing seven
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