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
_mansi_ and five-and-twenty slaves.[167] From all this the conclusion
is inevitable that the _marca_ or _villa_ is an area belonging to one
or more proprietors and cultivated by a much larger number of slaves or
serfs--_mancipia_, _liti_, _coloni_.
Maurer would have done better if, instead of devoting so much ingenuity
to discovering in the collections of _Traditiones_ a few passages in
support of his theory, he had noticed the evidence which is presented,
not in a few scattered lines, but in every page and in every document,
as to the way in which the land was actually distributed. As each
document mentions where the landed property given or sold is situated,
we are able to gather that the geographical unit is the _pagus_,
and the rural unit the _villa_, sometimes called the _marca_. The
customary form is: _res sitas in pago N, in villa quæ dicitur N_. The
word _villa_ is the same word as we find used in Gaul to designate an
estate; the word _marca_ which takes its place in about one out of
every eight instances, is but its synonym. Sometimes the villa belongs
to a single owner, sometimes it is divided amongst several. But, in
the one case as in the other, it preserves its earlier unity. The land
within it falls into two classes, a _dominicum_ and several _mansi_.
The _dominicum_ or _curtis dominicata_ or _mansus dominicatus_ is the
portion that the owner has reserved for his own use; the other _mansi_
or _hubæ_, are the tenant-holdings which he has put into the hands
of his _coloni_ or his serfs. To take an example. Ansfrid in 863 was
owner of the villa of Geizefurt, which comprised a _dominicum_ of three
mansi together with nineteen servile _mansi_.[168] In 868 the _marca_
of Gozbotsheim had a _dominicum_ of three _mansi_, seventeen servile
_mansi_, and serfs to the number of a hundred and forty-six.[169] In
989 a woman represents herself as owning in the marca of Schaffenheim
4 _hubæ dominicales_, 8 _hubæ serviles_, 5 _mansi_, vineyards,
meadowland, woodland and a mill, to all which are attached thirty
slaves.[170] The _dominicum_ is described in the same way in many
other documents.[171] Maurer supposes (p. 137) that this expression
refers to all that part of the ancient common mark which has become
private property. This is a mistake. The _dominicum_ is the land that
the proprietor has not entrusted to tenants.[172] Wherever we find the
_dominicum_, it is an unmistakable sign of a large private estate. A
_dominicum_ necessarily implies a lord and his serfs or _coloni_. With
time the interior organisation of the villa is modified; it is split
up as a consequence of inheritance and sale, and so we see proprietors
owning not more than four or two _mansi_, or perhaps only one. Many
of the peasants may also have become free men. But the _dominicum_
is still there and bears witness that in an earlier age the _villa_
or _marca_ had a single owner who stood out above a numerous body of
serfs.
Public-domain text, read in full here on John Shaqi.
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