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
Mr. Seebohm has not, perhaps, been so convincing in the explanation
he has to offer of the origin of the manor; but there is now a marked
tendency to accept what is, after all, his main contention--that the
manorial system was in existence, not as an exceptional phenomenon,
but as the prevailing form of social organisation _very soon_, at
any rate, after the English Conquest. There is absolutely no clear
documentary evidence for the free village community in England. As to
the word _mark_, not even Kemble, who first introduced it to English
readers, could produce an example of its use in English documents in
the sense of land owned by a community; and Anglo-Saxon scholars now
point out that his one doubtful instance of _mearcmót_ [A.D. 971] and
his three examples of _mearcbeorh_ are most naturally explained as
having to do with _mark_ merely in the sense of a boundary.[1] Not only
is there no early evidence; the arguments based on supposed survivals
into later times seem to melt away on close examination. It has, for
instance, been maintained that even in the Domesday Survey there are
traces of free communities. But the supposed Domesday references are
of the scantiest, and certainly would not suggest the mark to anyone
who was not looking for it. Most of them seem easily susceptible of
other interpretations; in some of them we probably have to do with two
or three joint-owners, in others very possibly with villages where the
lord has been bought out.[2] Another and more usual argument is derived
from the Court Baron, which was described by later legal theory as
absolutely essential to a manor, and yet of such a constitution that it
could not be held unless there were at least two free tenants to attend
it. But legal historians are beginning to regard the Court Baron as
not at all primitive, but rather as a comparatively late outcome of
feudal theory.[3]
Public-domain text, read in full here on John Shaqi.
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